890G.42/47

The Minister Resident in Iraq (Knabenshue) to the Secretary of State

No. 1537

Sir: I have the honor to refer to the Legation’s despatches during the course of 1939 regarding the new education law which the Iraqi Government was proposing to enact. After lying dormant for some time, the proposal was revived a few days ago. It was brought to my attention that a committee of the Chamber of Deputies which had the proposal under consideration had finally prepared its report for presentation to the Chamber and that this report recommended the law as previously drafted with certain amendments which made it even more unacceptable so far as foreign schools were concerned and which did not eliminate any of its former undesirable features. I enclose a copy23 of what is believed to be the text of the previous law with the committee’s recommendations in parallel columns.

[Page 729]

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.

Respectfully yours,

P. Knabenshue
[Enclosure]

The American Minister Resident (Knabenshue) to the Iraqi Acting Minister for Foreign Affairs

No. 765

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.]

P. Knabenshue
  1. Not printed.
  2. Foreign Relations, 1939, vol. iv, p. 548.
  3. League of Nations Document No. A.17.1932. vii: Request of the Kingdom of Iraq for Admission to the League of Nations, p. 3.
  4. Foreign Relations, 1939, vol. iv, p. 550.
  5. Ibid., p. 552.