Papers Relating to the Foreign Relations of the United States, 1922, Volume I
The Chargé in Belgium ( Wadsworth ) to the Secretary of State
[Received March 4.]
Sir: Referring to the Department’s telegram No. 39, September 7th, 5 p.m., relative to the Memorandum on “A” and “B” mandates, instructing the Embassy to transmit the text of the Memorandum to the Minister of Foreign Affairs, I have the honor to inform the Department that I am advised by the Minister of Foreign Affairs that the Belgian government entirely shares the views of the French government with regard to the Mandates as expressed in a note handed on December 22, 1921, to the American Ambassador in Paris by the French government,3 and in consequence submit the proposals contained in a note from the Foreign Office, a copy of which I beg to enclose herewith, together with a translation in triplicate and also triplicate copies of the text of the Belgian draft of the Mandate on Ruanda and Urundi.
I have [etc.]
The Belgian Minister for Foreign Affairs ( Jaspar ) to the American Chargé ( Wadsworth )
Mr. Chargé d’Affaires: The Honourable Brand Whitlock was kind enough to communicate to the Government of the King, through my intermediary, a copy of a memorandum setting forth the American Government’s views with regard to the draft mandates for Togoland and the Cameroons. The Government of the King has taken note of it with great interest.
The reply which the British Secretary of State for Foreign Affairs handed, under the date of December 22, 1921, to the Ambassador of the United States of America at London,5 and which is, I believe, identical to the one remitted, on the same day, to the United States Ambassador at Paris by the French Government, was also communicated to the Government of the King.
The latter entirely shares the views expressed in that document.
In consequence, I have the honour to inform you of the following:
- The Government of the King is disposed, in order to meet the wish expressed in the American note regarding the extension to American citizens of the benefit of Article 7 of the Belgian mandate for Ruanda and Urundi, to give to the United States Government the guaranty that its nationals will enjoy, in every respect, within the mandate territory, the same rights and privileges as the states members of the League of Nations, on condition of course that they be subjected to the same obligations.
- The Government of the King is also ready to insert, after
paragraph 3 of Article 7, a new paragraph reading as
“Concessions having the character of a general monopoly will not be granted. This provision does not prejudice the mandatory’s right to create fiscal monopolies, or, in certain cases, to carry out the development of the natural resources, either directly by the state or through the intermediary of an agency placed under its control, on condition that this will not result in the creation of a monopoly of the natural resources in favour of the mandatory.”
- The Government of the King is also disposed to grant to
the United States a guaranty similar to the one mentioned
with respect to Article 7 with a view to ensuring to the
United States missionaries in Ruanda and Urundi the same
treatment as that of the missionaries of nations members of
the League of Nations. Neither does it object to the
following wording of Article 8: [Page 625]
“On condition of conforming to the provisions of any local law relative to the maintenance of public order and good morals, the mandatory will ensure, throughout the whole territory, liberty of conscience and the free exercise of all forms of worship, and he will permit all missionaries, nationals of any state member of the League of Nations, to enter the territory, to travel and reside therein to the end that they may accomplish their mission, to acquire and possess property, to erect buildings for purposes of worship, and to open schools, provided that they conform to local laws.”
- The Government of the United States has requested that the following words be added to paragraph 2 of Article 9 of the mandate for Togoland and the Cameroons, “provided that the measures adopted to that end do not infringe the provisions of this mandate”, which appear in Article 10 of the British mandate for Tanganyika. The Government of the King will introduce the same modification in Article 96 of its mandate.
- Finally, the Government of the United States has expressed the desire that any modification made in the text of the mandates be subject to the previous consent of the United States. The Government of the King readily consents to take such an engagement.
If the Government of the United States will be kind enough to signify its agreement on these various points, it will perhaps consider that the present letter and the reply to be made thereto will be sufficient to establish the respective will of the two Governments, and that the Government of the King will thus be able to pursue, in full agreement with the United States, the delivery to Belgium of the mandate for Ruanda and Urundi.
In order to facilitate the exchange of views on this subject, I think it proper to append to the present despatch the precise text of the Belgian draft of a mandate for Ruanda and Urundi. It is to that text that the numbers of the articles alluded to in the present note refer.
Please accept [etc.]
Draft Mandate for Ruanda and Urundi
The Council of the League of Nations:
Whereas by Article 119 of the treaty of peace with Germany, signed at Versailles on June 28, 1919, Germany renounced in favor of the Principal Allied and Associated Powers all her rights over her oversea possessions, including German East Africa;[Page 626]
Whereas by an accord dated May 30, 1919, concluded between the British Empire and Belgium, it was agreed that Belgium shall exercise an administrative mandate over the part of German East Africa indicated below;
Whereas on August 21, 1919, the Principal Allied and Associated Powers unanimously accepted the accord concluded between the British Empire and Belgium;
Whereas His Majesty the King of the Belgians has accepted the mandate over the said territory and has undertaken to exercise it in the name of the League of Nations, in accordance with the following provisions:
The Council of the League of Nations Approves the Following Terms of the Mandate:
The territory over which a mandate is conferred upon His Majesty the King of the Belgians (hereinafter called the mandatory) comprises that part of the territory of German East Africa situated to the west of the following line.
From the point where the frontier between the Uganda Protectorate and German East Africa cuts the River Mavumba, a straight line in a southeasterly direction to the hill (point 1640) about 15 kilometers south-southwest of Mount Gabiro;
Thence, a straight line in a southerly direction to the north shore of Lake Mohazi, where it terminates at the confluence of a river situated about 2.5 kilometers west of the confluence of the River Msilala;
If the route of the railway on the west of the River Kagera between Bugufi and Uganda approaches within 16 kilometers of the line defined above, the boundary will be carried to the west, following a minimum distance of 16 kilometers from the route, without, however, passing to the west of the straight line joining the terminal point on Lake Mohazi and the top of Mount Kivisa (point 2100), situated on the Uganda-German East Africa frontier about 5 kilometers southwest of the point where the River Mavumba cuts this frontier;
Thence a line southeastwards to meet the southern shore of Lake Mohazi;
Thence the watershed between the Taruka and the Mkarange Rivers and continuing southwards to the northeastern end of Lake Mugesera;
Thence the median line of this lake and continuing southwards across Lake Ssake to meet the Kagera;
Thence the course of the Kagera downstream to meet the western boundary of Bugufi;[Page 627]
Thence this boundary to its junction with the eastern boundary of Urundi;
Thence the eastern and southern boundary of Urundi to Lake Tanganyika.
The new Anglo-Belgian boundary, as described above, is indicated on the annexed English map,8 on a scale of 1:1,000,000 G.S.G.S. 2932.
The boundaries of Bugufi and Urundi are traced as indicated in the Deutscher Kolonialatlas (Dietrich Reimer), scale 1:1,000,000, dated 1906.
In view of the insufficient geographical knowledge of this district, a definitive description of its boundaries shall be made by a boundary commission after they have been delimited on the ground.
A Boundary Commission shall be appointed by His Majesty the King of the Belgians and His Britannic Majesty to trace on the spot the boundary line described in Article 1 above.
In case any dispute should arise in connection with the work of these Commissioners, the question shall be referred to the Council of the League of Nations, whose decision shall be final.
The final report by the Boundary Commission shall give the precise description of this boundary as actually determined on the ground; the maps signed by the Commission shall be annexed thereto. The report with its annexes shall be made in triplicate. One of the originals shall be deposited in the archives of the League of Nations, one shall be kept by the Government of His Majesty the King of the Belgians, and one by the Government of His Britannic Majesty.
The mandatory shall be responsible for the peace, order and good government of the territory, and shall promote to the utmost the material and moral well-being as well as the social progress of the inhabitants.
The mandatory undertakes not to establish in the territory any military or naval bases, nor to erect any fortification, nor to organize any native military force, except for local police purposes and for the defense of the territory.
- shall provide for the eventual emancipation of all slaves and [Page 628] for as speedy an elimination of domestic and other slavery as social conditions will allow;
- shall suppress all forms of slave trade;
- shall prohibit all forms of forced or compulsory labor, except for public works and essential services and then only in return for adequate remuneration;
- shall protect the natives against fraud and force by careful supervision of labor contracts and the recruiting of labor;
- shall exercise a strict control over the traffic in arms and ammunition and the sale of spirituous liquors.
In the framing of laws relating to the holding and transfer of land, the mandatory undertakes to take into consideration native laws and customs, and to respect the rights and safeguard the rights and safeguard the interests of the native population.
No native land may be transferred, except between natives, without the previous consent of the public authorities. No real rights over native land may be created except with the same consent.
The mandatory will promulgate strict regulations against usury.
The mandatory undertakes to secure to all citizens of states members of the League of Nations the same rights as are enjoyed by his own nationals, in respect of entry into and residence in the territory, the protection afforded to their person and property, the acquisition of personal and real property, and the exercise of their profession or trade, subject only to the requirements of public order and on condition of compliance with the local law.
Further, the mandatory undertakes to insure to all citizens and subjects of states members of the League of Nations, on the same footing as to his own nationals, freedom of transit and navigation and complete economic, commercial and industrial equality, provided that the mandatory shall be free to organize public works and essential services on such terms and conditions as he thinks just.
Concessions for the development of the natural resources of the territory shall be granted by the mandatory without distinction on grounds of nationality between the citizens and subjects of states members of the League of Nations, subject only to the requirements of public order and on condition of compliance with the local law.
Subject to regulations relating to the maintenance of public order and morality, the mandatory shall insure throughout the territory [Page 629] freedom of conscience and the free exercise of all forms of worship and shall give to all missionaries, citizens or subjects of any member of the League, freedom to enter the territory and to travel and reside therein for the discharge of their ministry.
The mandatory shall apply to the territory any general international conventions applicable to contiguous territories.
The mandatory shall have full powers of administration or legislation in the area subject to the mandate; this area may be administered in accordance with the laws of the mandatory as an integral part of his territory and subject to the following provisions:
The mandatory shall therefore be at liberty to apply his laws to the territory under the mandate subject to the modifications required by local conditions and to constitute the territory into a customs, fiscal and administrative union or federation with the adjacent possessions under his own sovereignty or control.
The mandatory shall make to the Council of the League of Nations an annual report. This report shall contain full information concerning the measures taken to fulfill the obligations mentioned in the preceding articles.
The consent of the Council of the League of Nations is required for any modification of the terms of this mandate; however, in the case of modifications proposed by the mandatory, such approval may be given by a majority vote of the Council.
If any dispute should arise between the members of the League of Nations relating to the interpretation or the application of the present mandate, and if such dispute cannot be settled by negotiations, it shall be submitted to the Permanent Court of International Justice provided for by Article 14 of the Covenant of the League of Nations. The present copy shall be deposited in the archives of the League of Nations; certified true copies thereof shall be communicated by the Secretary-General of the League of Nations to all members of the League.