890g.01/202
The Secretary of State to the Ambassador in Great Britain (Houghton)
Sir: The Department has received the Embassy’s despatch No. 3020 of September 6, 1928 transmitting a copy of a Foreign Office communication dated September 5, 1928 setting forth the views of the Iraq Government in regard to the proposed Convention between the United States and Great Britain and Iraq.
It is noted that all of the amendments to the draft Convention (described as the “revise of November 1st”), proposed by this Government and embodied in your communication of January 4, 1928 to the Foreign Office, are acceptable to both the British and Iraq Governments with the exception of the suggested omission in Article 4 of the words “and to any general educational requirements prescribed by law in Iraq.” The Iraq Government takes the position that, inasmuch as Article 16 of the Iraq Constitution provides that the various communities in Iraq shall have the right to establish and maintain schools for the instruction of their own members in their own languages, provided that such instruction is carried out in conformity with such general programs as may be prescribed by law, it cannot, without infringing the Constitution, accord to nationals of the United States the right to establish and maintain schools in Iraq without conditioning that right by some such proviso as that suggested in Article 4. [Page 956] The Iraq Government, however, is willing to give assurances to the following effect:
- 1.
- The Iraqi Government will not interfere with the liberty of missionary schools to teach religion to Christian children or to any other student whose guardian agrees to his attending religious ceremonies;
- 2.
- The Iraqi Government will not interfere in matters concerning the curriculum, such as the time-table, discipline and purely internal administration in missionary schools.
You should reply to the Foreign Office substantially as follows:
The good will displayed by the Iraq Government in seeking to meet the American Government’s objections to the proposed addition to Article 4 is sincerely appreciated. Careful consideration has been given to the point of view of the Iraq Government as explained in the communication of the Foreign Office of September 5 as well as to the two assurances which the Iraq Government is prepared to give with respect to schools established and maintained in Iraq by Americans.
The American Government has no doubt either of the friendly sentiments entertained by the Iraq authorities towards American institutions in Iraq or of the value of such sentiments as an effective basis for the continuance and development of the activities of these institutions in the future. The observations contained in the Embassy’s letter of January 4, 1928 to Mr. Oliphant were prompted by a desire to avoid the possibility of future misunderstandings in connection with a form of words susceptible of several interpretations. The clarification of the Iraq Government’s position contained in the Foreign Office’s above-mentioned communication has appreciably lessened the possibility of such misunderstanding, and this Government is therefore prepared to agree to the inclusion in Article 4 of the clause “and to any general educational requirements prescribed by law in Iraq,” to accept the assurances of the Iraq Government when given, and to proceed to the signature of the Convention, subject, however, to the following comment and understanding:
- 1.
- The first of the proposed assurances is somewhat detailed in character and would not appear to be so directly pertinent to the issues which the Department has had in mind as to require special mention in any clarification of the Iraq Government’s position.
- 2.
- The phrasing of the second assurance would at first sight seem to leave something to be desired at least from the point of view of clarity and succinctness. After careful analysis, however, it is believed that the intention of the Iraq Government is to refrain from interfering in a discriminatory or restrictive manner with the curriculum and internal administration of the schools established and maintained in Iraq by Americans.
For convenient reference, there is transmitted herewith a revised draft of the Convention in the form in which this Government is prepared to sign, together with a memorandum of the several matters upon which the understanding of the Parties has been defined in the course of the negotiations and which are to receive appropriate [Page 957] mention in the instrument, or instruments, to be signed simultaneously with the Convention.24
You will, of course, furnish the Department with a copy of any communication which you may address to the Foreign Office in accordance with the foregoing instructions and inform it fully regarding such further discussion of the matter as you may have with the appropriate authorities of the British Government.
I am [etc.]
- Enclosures not printed.↩