Mr. Secretary of State: The Belgian, French and
British Governments have agreed on the text intended to meet the
suggestions offered by the Government of the United States of America in
the matter of mandates. You will find herewith:
In the first place, the text of the draft of a mandate to be granted to
Belgium over the Ruanda and Urundi territories as it stands after
amendment.
In the second place, a draft of a convention to be signed between Belgium
and the United States conferring upon the latter country, in the African
territories placed under Belgian mandate, the same advantages as are
enjoyed by the States members of the League of Nations.13 This draft, also made in perfect agreement
with the French and British Governments, meets the suggestions of the
American Government.
It would be a great advantage to have this question decided with as
little delay as possible, as the Powers concerned would like to dispose
of the whole matter of African mandates at the session of the Council of
the League of Nations that will open on July 11th next, and I should be
particularly obliged to Your Excellency, therefore, if you would kindly
let me know, if possible, before that date what course your Government
will have decided upon in this matter.
[Enclosure—Translation14]
Amended 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
[Page 634]
of the
Principal Allied and Associated Powers all her rights over her
oversea possessions, including German East Africa;
Whereas the Principal Allied and Associated
Powers agreed, in accordance with Article 22, paragraph 1 (Covenant
of the League of Nations), of the above-named treaty, to confer a
mandate on His Majesty the King of the Belgians to administer a part
of the former colony of German East Africa, and proposed to
formulate the mandate in the following terms;
Whereas His Majesty the King of the
Belgians has agreed to accept 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;
Hereby approves the terms of the said mandate as follows:
Article 1
The territory over which a mandate is conferred upon His Majesty the
King of Belgians (hereinafter called the mandatory) comprises that
part of the territory of the former colony of German East Africa
situated to the west of the following line.
[Here follows the same description of the frontier as in the draft
printed on page 625; but here is omitted
the last paragraph of article 1 which appears in that draft.]
Article 2
[The same as in the draft printed on page
627.]
Article 3
[The same as in the draft printed on page
627.]
Article 4
[The same as in the draft printed on page
627.]
Article 5
[The same as in the draft printed on page
627.]
Article 6
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 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
[Page 635]
over native land in favor
of non-natives may be created except with the same consent.
The mandatory will promulgate strict regulations against usury.
Article 7
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 property, movable and immovable, 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, but on such conditions as will
maintain intact the authority of the local government.
Concessions having the character of a general monopoly shall not be
granted. This provision does not affect the right of the mandatory
to create monopolies of a purely fiscal character in the interest of
the territory under mandate and in order to provide the territory
with fiscal resources which seem best suited to the local
requirements; or, in certain cases, to carry out the development of
natural resources either directly by the state or by a controlled
agency, provided that there shall result therefrom no monopoly of
the natural resources for the benefit of the mandatory or his
nationals, directly or indirectly, nor any preferential advantage
which shall be inconsistent with the economic, commercial and
industrial equality hereinbefore guaranteed.
The rights conferred by this article extend equally to companies and
associations organized in accordance with the law of any of the
members of the League of Nations, subject only to the requirements
of public order, and on condition of compliance with the local
law.
Article 8
Subject to the provisions of local laws relating to the maintenance
of public order and morality, the mandatory shall insure, throughout
the territory, freedom of conscience and the free exercise of all
[Page 636]
forms of worship; and,
subject to the control which would be necessary for the maintenance
of a good administration, it shall give to all missionaries,
citizens or subjects of any state member of the League of Nations,
freedom to enter into the territory and to travel and reside therein
for the discharge of their ministry, to acquire and possess
property, to erect buildings for religious purposes and to open
schools.
Article 9
[The same as in the draft printed on page
629.]
Article 10
The mandatory shall have full powers of administration and
legislation in the area subject to the mandate; this area shall be
administered in accordance with the laws of the mandatory as an
integral part of his territory and subject to the preceding
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 or administrative union or federation with the adjacent
territories under his own sovereignty or control; provided always
that the measures adopted to that end do not infringe the provisions
of this mandate.
Article 11
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 apply the provisions of the present
mandate.
Article 12
The consent of the Council of the League of Nations is required for
any modification of the terms of this mandate.
Article 13
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.
