890G.42/40
The Minister Resident in Iraq (Knabenshue) to the Secretary of
State
No. 1427
Baghdad, November 2, 1939.
[Received
December 1.]
Sir: I have the honor to refer to my
despatch no. 1347 of August 5, 1939, reporting in respect to the
proposed new Education Law which as stated would be prejudicial to
American schools in Iraq, and to [Page 552] the Department’s instruction in response
thereto, no. 389 of September 14; 1939. I now have the honor to
report that, upon the receipt of the Department’s instruction, I
addressed another note to the Ministry for Foreign Affairs, a copy
of which is enclosed herewith. I have not yet received a reply to
this note.
I may inform the Department that I had recently discussed the
situation with Sir Basil Newton, the British Ambassador, and
suggested that although there were at present no British schools in
Iraq, he might consider it desirable to support the representations
made by this Legation and the French Legation, inasmuch as the
proposed new legislation was directed against foreigners in general,
and any successful encroachments against established foreign
interests here might provide a precedent for or develop further
encroachments in other respects. The Ambassador expressed agreement
with my point of view. Yesterday he called upon me to say that he
had referred this matter to London and had received authority to
give full support to our Legation’s representations and he said that
it was his intention to take the matter up personally with the
Minister for Foreign Affairs and inform him that it was his
Government’s opinion that the Iraqi Government should refrain from
enacting an educational law which would be contrary either in letter
or spirit to Iraq’s Declaration to the League of Nations of May 30,
1932. I therefore feel hopeful that, with the support of the British
Embassy, acting under instructions from London, the proposed law
will be so amended as to eliminate at least its most objectionable
features.
I will keep the Department informed of further developments.
Respectfully yours,
[Enclosure]
The American
Legation to the Iraqi Ministry
for Foreign Affairs
No. 696
The Legation of the United States of America presents its
compliments to the Ministry for Foreign Affairs and has the
honor to refer to the Legation’s note no. 668 of August 4, 1939,
and to the Ministry’s note in reply no. 12/11117/11875/gh of
August 12, 1939, concerning the proposed new Public Education
Law.
The Ministry was good enough to inform the Legation that what had
appeared in the local press was nothing but a draft law
submitted to Parliament for examination and that the decision
thereon had been postponed until the next session.
The Legation was pleased to learn from the Ministry that the bill
under discussion had been drafted for the purpose of organizing
cultural and educational affairs and is not intended to
prejudice any [Page 553] foreign
cultural institutions in Iraq, the aim of which is undoubtedly
sincere service to the sons of the country within the existing
laws.
The Legation desires to remark that, whether or not there be any
technical discriminations in the proposed law itself, or other
provisions which might be liable to prejudice American
educational interests in Iraq, the ambiguity of some of the
provisions of the proposed law, that may depend for their
interpretations and application upon administrative action,
holds the possibility of prejudice and discrimination in
practice. Furthermore, the draft of the proposed law, as
published by the press, would appear to contain provisions
contrary to both the letter and spirit of Iraq’s Declaration of
May 30, 1932, to the League of Nations. The Legation feels sure
that the Ministry will agree that that Declaration established a
standard of treatment applicable to all nations from which Iraq
would not desire to depart by unilateral action.
It is therefore hoped that any new legislation on this subject
will be in harmony with the spirit of Iraq’s Declaration of May
30, 1932, and that there will be no abridgement of the
long-established prerogatives of American educational
institutions in Iraq.
The Legation avails itself, etc.
Baghdad,
October 16,
1939.
