Immediately the matter came to my attention I consulted with my
French and British colleagues and I afterwards addressed a
first-person note to the Acting Minister for Foreign Affairs, a copy
of which I enclose. The French Minister is making strong
representations in the matter, and the British Ambassador, although
there are no British schools in Iraq, intends to support the
representations of the French Minister and myself.
I will keep the Department informed of developments.
[Enclosure]
The American Minister Resident (Knabenshue)
to the Iraqi Acting
Minister for Foreign Affairs
No. 765
Baghdad, April 6,
1940.
Excellency: I desire to draw Your
Excellency’s attention to an exchange of notes which took place
during the past year between this Legation and the Ministry
education law for Iraq which was being considered by the Iraqi
Parliament.
In its note No. 668 of August 4th,24 the
Legation drew the attention of the Ministry to the fact that
Baghdad newspapers had published what was alleged to be a
proposed new public education law, which, it was said, would be
submitted to Parliament for approval during its session at that
time. The Legation called attention to the fact that several
provisions of the proposed law, as published in the newspapers,
appeared to be prejudicial to American educational institutions
in Iraq and contrary in particular to the Declaration of the
Kingdom of Iraq to the League of Nations on May 30, 1932.25
In its note No. 12/1117/11875/gh of August 12, 1939,26 the
Ministry was good enough to inform the Legation that what had
appeared in the local press was nothing more than a draft law
submitted to Parliament for examination and that the decision
thereon had been postponed until the next session.
In its note No. 696 of October 16, 1939,27 the
Legation expressed its pleasure at learning from the Ministry
that the bill under discussion had been drafted for the purpose
of organizing cultural and educational affairs and that it was
not intended to prejudice any foreign cultural institutions in
Iraq, the aim of which, the Ministry recognized
[Page 730]
as “undoubtedly sincere service to
the sons of the country within the existing law.”
While gratified at the Ministry’s assurance in this respect, the
Legation remarked in its note of October 16th, 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, it was pointed out, the draft of the
proposed law as published by the press appeared to contain
provisions contrary to both the letter and spirit of Iraq’s
Declaration of May 30, 1932, to the League of Nations. In these
circumstances, the Legation felt sure that the Ministry would
agree that the Declaration established a standard of treatment
applicable to all nations, from which Iraq would not desire to
depart by unilateral action. The Legation
therefore expressed the hope that any new legislation on this
subject would be in harmony with the spirit of Iraq’s
Declaration to the League, and that there would be no
abridgement of the long-established prerogatives of American
educational institutions in Iraq.
I now desire to bring to Your Excellency’s attention the fact
that rumors are circulating to the effect that a committee of
the Chamber of Deputies is on the point of recommending to the
Iraqi Parliament the former proposed education law with certain
suggested amendments and without eliminating the features of the
proposed law which had been considered to be prejudicial to
American educational institutions in Iraq.
While it is hoped that the present rumors relative to this matter
are unfounded, in the circumstances, however, I hasten to review
the situation to Your Excellency and to reiterate that my
Government’s point of view in this matter is as outlined in the
fourth and fifth paragraphs of the Legation’s note No. 696 of
October 16, 1939.
I avail myself [etc.]
