800.01 M 31/125

The British Chargé (Chilton) to the Secretary of State

Aide-Mémoire

His Majesty’s Chargé d’Affaires is informed that negotiations have been proceeding between the British, American and French Governments in regard to “B” mandates, namely, mandates for certain ex-German territory in Africa. His Majesty’s Chargé d’Affaires is now instructed to submit to the Secretary of State the draft of a treaty to be concluded between Great Britain and the United States defining the position of the United States Government vis-à-vis these mandates.

The form of treaty has been drawn up on the model of the Japanese-American Treaty of February 11th, 1922, in regard to Yap,42 and every effort has been made therein to meet the wishes of the United States Government. One or two of the Articles call for a few words of comment. Article I is similar to Article I of the Yap Treaty, but the word “concurs” has been preferred as [Page 315]more accurate to the word “consents”. The latter conveys the incorrect impression that the mandate could not issue without the participation of the United States. Articles 3, 4 and 5 are reproductions of Articles 2 (2), 2 (4), 2 (5) of the Yap Treaty respectively. Article 6 in regard to Extradition has been inserted in accordance with the paragraph numbered 5 in the note addressed by Mr. Harvey to Lord Curzon on April 5th last, No. 153.43

His Majesty’s Government consider it most desirable to reach an early and final settlement of these mandates and they hope to secure their formal adoption by the Council of the League at its next session on July 15th. It would be of great assistance if the concurrence of the United States Government in the terms of the mandates could be obtained before the meeting of the Council.

[Enclosure 1]

Draft Convention between the United States and Great Britain Regarding East Africa

Whereas by article 119 of the Treaty of Versailles Germany renounced in favour of the Principal Allied and Associated Powers all her rights and titles over her oversea possessions; and

Whereas by article 22 of the same instrument it was provided that certain territories, which as a result of the war had ceased to be under the sovereignty of the States which formerly governed them, should be placed under the mandate of another Power, and that the terms of the mandate should be explicitly defined in each case by the Council of the League of Nations; and

Whereas the Principal Allied and Associated Powers agreed that His Britannic Majesty should exercise the mandate for part of the former colony of German East Africa; and

Whereas the terms of the said mandate have been defined by the Council of the League of Nations as follows:

[Terms of Mandate.]

Whereas the United States of America by participating in the war against Germany contributed to her defeat and to the renunciation of her rights and titles over her oversea possessions, but has not ratified the Treaty of Versailles; and

Whereas the President of the United States is desirous of concurring in the British mandate for part of the former colony of German East Africa; and

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Whereas His Britannic Majesty as mandatory for part of the former colony of German East Africa is desirous of ensuring to the United States of America and its citizens the same rights in the said territory as they would enjoy if the United States were a Member of the League of Nations:

His Britannic Majesty and the President of the United States of America have decided to conclude a convention to this effect, and have nominated as their plenipotentiaries

Who . . . . . . . have agreed as follows:—

Article 1

Subject to the provisions of the present convention, the United States concurs in the British mandate for part of the former colony of German East Africa, hereinafter called the mandated territory, and in the British administration thereof pursuant to the terms of the said mandate.

Article 2

The United States and its nationals shall have and enjoy the benefit of all the engagements of His Britannic Majesty defined in the mandate, including therein equality as regards commercial opportunity, notwithstanding the fact that the United States is not a Member of the League of Nations.

Article 3

Vested American property rights in the mandated territory shall be respected and in no way impaired.

Article 4

A duplicate of the annual report to be made by the mandatory under article 11 of the mandate shall be furnished to the United States.

Article 5

Nothing contained in the present convention shall be affected by any modification which may be made in the terms of the mandate as recited above unless such modification shall have been assented to by the United States.

Article 6

The extradition treaties and conventions in force between the United States and the United Kingdom shall apply to the mandated territory.

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Article 7

The present convention shall be ratified in accordance with the respective constitutional methods of the High Contracting Parties. The ratifications shall be exchanged in London as soon as practicable. It shall take effect on the date of the exchange of ratifications.

In witness whereof . . . . . . .

[Enclosure 2]

Draft Mandate for East Africa

The Council of the League of Nations:

Whereas by article 119 of the Treaty of Peace with Germany signed at Versailles on the 28th June, 1919, Germany renounced in favour of the Principal Allied and Associated Powers all her rights over her oversea possessions, including therein German East Africa; and whereas, in accordance with the treaty of the 11th June, 1891, between Her Britannic Majesty and His Majesty the King of Portugal, the River Rovuma is recognised as forming the northern boundary of the Portuguese possessions in East Africa from its mouth up to the confluence of the River M’Sinje; and

Whereas the Principal Allied and Associated Powers agreed that in accordance with article 22, Part 1 (Covenant of the League of Nations), of the said treaty a mandate should be conferred upon His Britannic Majesty to administer part of the former colony of German East Africa, and have proposed that the mandate should be formulated in the following terms; and

Whereas His Britannic Majesty has agreed to accept the mandate in respect of the said territory, and has undertaken to exercise it on behalf of the League of Nations in accordance with the following provisions:

Hereby approves the terms of the mandate as follows:—

Article 1

The territory over which a mandate is conferred upon His Britannic Majesty (hereinafter called the mandatory) comprises that part of the territory of the former colony of German East Africa situated to the east 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 south-easterly direction to point 1640, about 15 kilom. south-southwest of Mount Gabiro;

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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 2½ kilom. west of the confluence of the River Msilala;

If the trace of the railway on the west of the River Kagera between Bugufi and Uganda approaches within 16 kilom. of the line defined above, the boundary will be carried to the west, following a minimum distance of 16 kilom. from the trace, 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 kilom. south-west of the point where the River Mavumba cuts this frontier;

Thence a line south-eastwards to meet the southern shore of Lake Mohazi;

Thence the watershed between the Taruka and the Mkarange and continuing southwards to the north-eastern end of Lake Mugesera;

Thence the median line of this lake and continuing southwards across Lake Sake to meet the Kagera;

Thence the course of the Kagera downstream to meet the western boundary of Bugufi;

Thence this boundary to its junction with the eastern boundary of Urundi;

Thence the eastern and southern boundary of Urundi to Lake Tanganyika.

The line described above is shown on the attached British 1: 1,00,000 map, G.S.G.S. 2932, sheet Ruanda and Urundi.

Article 2

Boundary Commissioners shall be appointed by His Britannic Majesty and His Majesty the King of the Belgians to trace on the spot the 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 Commissioners shall give the definite description of this boundary as it has been actually demarcated on the ground; the necessary maps shall be annexed thereto and signed by the Commissioners. The report, with its annexes, shall be made in triplicate; one copy 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.

Article 3

The mandatory shall be responsible for the peace, order and good government of the territory, and shall undertake to promote to the [Page 319]utmost the material and moral well-being and the social progress of its inhabitants. The mandatory shall have full powers of legislation and administration.

Article 4

The mandatory shall not establish any military or naval bases, nor erect any fortifications, nor organise any native military force in the territory except for local police purposes and for the defence of the territory.

Article 5

The mandatory—

(i.)
Shall provide for the eventual emancipation of all slaves, and for as speedy an elimination of domestic and other slavery as social conditions will allow;
(ii.)
Shall suppress all forms of slave trade;
(iii.)
Shall prohibit all forms of forced or compulsory labour, except for essential public works and services, and then only in return for adequate remuneration;
(iv.)
Shall protect the natives from abuse and measures of fraud and force by the careful supervision of labour contracts and the recruiting of labour;
(v.)
Shall exercise a strict control over the traffic in arms and ammunition and the sale of spirituous liquors.

Article 6

In the framing of laws relating to the holding or transfer of land the mandatory shall take into consideration native laws and customs, and shall 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, and no legal rights over native land in favour of non-natives may be created except with the same consent.

The mandatory will promulgate strict regulations against usury.

Article 7

The mandatory shall secure to all nationals of States Members of the League of Nations the same rights as are enjoyed in the territory by his own nationals in respect to 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.

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Further, the mandatory shall ensure to all nationals 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 organise essential public works and 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 nationals of all 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 organised 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 any local law for the maintenance of public order and public morals, the mandatory shall ensure to the territory freedom of conscience and the free exercise of all forms of worship, and shall, subject to such control as may be necessary for the maintenance of good government, allow all missionaries, nationals of any State Member of the League of Nations, to enter into, travel and reside in the territory for the purpose of prosecuting their calling, to acquire and possess property, to erect buildings for religious purposes and to open schools.

Article 9

The mandatory shall apply to the territory any general international conventions already existing, or which may be concluded hereafter, with the approval of the League of Nations respecting [Page 321]the slave trade, the traffic in arms and ammunition, the liquor traffic, and the traffic in drugs, or relating to commercial equality, freedom of transit and navigation, aerial navigation, railways, postal, telegraphic, and wireless communication, and industrial, literary and artistic property.

The mandatory shall co-operate 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 10

The mandatory shall be authorised to constitute the territory into a customs, fiscal and 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 to the satisfaction of the Council, containing full information concerning the measures taken to apply the provisions of this mandate.

A copy of all laws and regulations made in the course of the year and affecting property, commerce, navigation or the moral and material well-being of the natives shall be annexed to this report.

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 whatever should arise between the Members of the League of Nations relating to the interpretation or application of this mandate, which cannot be settled by negotiations, this dispute shall be submitted to the Permanent Court of International Justice provided for by article 14 of the Covenant of the League of Nations.

States Members of the League of Nations may likewise bring any claims on behalf of their nationals for infractions of their rights under this mandate before the said court for decision.

The present copy shall be deposited in the archives of the League of Nations. Certified copies shall be forwarded by the Secretary-General of the League of Nations to all Members of the League.

  1. Post, p. 600.
  2. See telegram no. 97, Apr. 4, to the Ambassador in Great Britain, supra.