890G.42/51
The Minister Resident in Iraq (Knabenshue) to the Secretary of State
No. 1591
Baghdad, July 16,
1940.
[Received August 17.]
Sir: I have the honor to refer to my
despatch No. 1567 of May 16, 1940, regarding the proposed new Iraqi
education law, wherein I reported circumstances which led up to an
arrangement whereby the heads of the American schools in Iraq would
meet with representatives of the Iraq Government at the Ministry for
Foreign Affairs in order to discuss the proposed law and its effect
upon American school interests here. Subsequently, the meeting took
place on July 10, 1940, and I have the honor to report as follows in
connection therewith:
On July 9th the heads of the American schools met at the Legation in
order that they might discuss together and formulate their position
with regard to the proposed law before meeting the representatives
of the Iraqi Government at the Ministry for Foreign Affairs. I
received these American gentlemen and outlined the general
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situation to them. I
pointed out to them that my reason for agreeing to their meeting
with representatives of the Ministry of Education was that it would
give them an opportunity as technical experts in the matter to
demonstrate to the Iraqi officials in what specific respects the new
law would interfere with the administration of their schools in
contravention of the Iraqi Government’s declaration to the League of
Nations. I cautioned them that in their discussions with the Iraqi
officials they should bear in mind that they were not authorized to
waive their own rights or the rights of other American citizens
guaranteed to them by treaties or other international instruments. I
also informed them that as I myself was not authorized to offer any
specific suggestions in respect to the amendment of the proposed
law, I would refrain from joining their deliberations. They were
then given a room at the Legation for the purpose of discussing the
matter together and formulating their position. On the following day
they met with representatives of the Iraqi Government at the
Ministry for Foreign Affairs. I enclose herewith a copy of a
translation of the minutes of this meeting signed by the persons who
were present. I also enclose copies of two letters from Mr. John Van
Ess dated July 12 and July 14 respectively,30 reporting to me
further details in connection with the matter.
On the day following the meeting, I deemed it desirable to send a
note to the Minister for Foreign Affairs reminding him of our
conversation on May 6th particularly in respect to the fact that
individual American citizens are not entitled to waive their own
rights or the rights of other American citizens guaranteed them by
treaties or other international instruments and of the fact that he
had given me assurance that the publication of the proposed law
would be withheld pending further negotiations between us in the
matter and I consequently repeated in my note my request that in the
circumstances he be good enough to cause continued postponement of
the publication of the law until I could communicate to him my
Government’s further point of view in the matter. I enclose a copy
of this note.
The Department will observe from the enclosures that the
representatives of the American schools in Iraq only questioned four
articles of the proposed new law, namely, articles 27, 30, 35 and
36. The Department will also note that in view of the assurances
given by the Iraqi representatives which they said would be
officially confirmed by the Government, the American representatives
were disposed to accept these assurances as the basis for the
continuation of the schools under the proposed law under what they
termed a gentlemen’s agreement pending further negotiations between
the Iraqi and United States Governments.
[Page 735]
In these circumstances the matter is submitted to the Department for
its decision as to whether it will recognize the proposed new law.
In this event, it is assumed that the Department would desire the
assurances given to the American school representatives to be
officially confirmed in an exchange of diplomatic notes or in some
other manner acceptable to the Department. The only alternative
would be to refuse to accept the law and to insist upon its
amendment by the Iraqi Parliament in order that this law might be
made more precisely to conform to the undertaking of the Iraqi
Government under article 15 of its declaration to the League of
Nations in 1932.
It might be mentioned that the Iraqi Government maintains that the
proposed new law is not in conflict with its declaration to the
League of Nations. While it is no doubt true that in many respects
the new law restricts to a certain extent “the free exercise of the
… educational … activities of religious missions …”,30a the most important prohibition of such free
exercise is that contained in article 36 which forbids Iraqi
students attending foreign primary schools. In this connection the
Iraqis seem disposed to permit American missions to offer primary
education to Iraqi students through the intermediary of schools
nominally registered in the names of Iraqis but which will be
administered by Americans.
The Iraqis maintain, more or less confidentially, that the proposed
law is directed primarily against certain other foreign schools in
this country, particularly those of the Iranians which are largely
subsidized by the Iranian Government.
I am also enclosing a copy of a note addressed to the Minister for
Foreign Affairs by the British Ambassador,31 in which it will be noted
he in effect supports under instructions from his Government my
representations to the Iraqi Government in this matter. The British
Ambassador was kind enough to allow me to read the instruction which
he received from his Foreign Office in this regard, a copy of which
was also sent to the British Embassy in Washington where it is
assumed the Department also will be permitted to see it.
There can be no doubt that Iraq is bound by an international
obligation in this matter. It therefore remains for the Department
and its legal advisers to decide to what extent in their opinion the
proposed new Iraqi education law contravenes Iraq’s obligation and
to what extent the Department may be willing to make concessions, if
any, to the Iraqi Government in the interpretation and
administration of the law as it stands or whether the Department
will insist upon refusing to accept the law as drafted and as
already passed by the Iraqi Parliament, but not yet promulgated.
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It will be noted that article 42 of the new law provides for the
cancellation of Public Education Law No. 28 of 1929, which is the
law under which education is at present administered. I am enclosing
a copy of this law32
in order that it might serve for comparison purposes when the
Department is giving consideration to the proposed new law. I am
also enclosing for ready reference a copy of article 15 of Iraq’s
declaration to the League of Nations of May 30, 1932.
As I fear that I may not be able to influence the postponement of the
publication of the law very much longer, inasmuch as the Iraqi
Government would like to make it effective before the next school
year, I would be glad if the Department could telegraph me its
decision in the matter briefly, with more detailed instructions, if
necessary, to follow by airmail via the Pacific to the Consulate
General at Calcutta for transmission from there by air to this
office. (Through airmail service via the Pacific is not
established.)
Respectfully yours,
[Enclosure 1—Translation]
Minutes of Meeting Between the Iraqi Director
General of Public Instruction and Representatives of the
American Schools in Iraq
In accordance with the wishes of His Excellency the Minister for
Foreign Affairs, Dr. Fadhel al Jamali, Director General of
Public Instruction and Education, representing the Ministry of
Education, met Mr. Van Ess, Dr. Staudt, Father Sarjeant, and Mr.
Hakken, representing the American schools in Iraq, on July 10,
1940 in the office of Sayid Yusuf al Gailani, Director of
Western Affairs of the Ministry for Foreign Affairs, and in the
presence of Sayid Sadiq Shanshal, Legal Adviser to the Ministry
for Foreign Affairs. Discussions proceeded on the subject of the
new Educational Law as follows:
Mr. Van Ess starting the talk said that they did not come as
advocates demanding a right but they have come to investigate
certain points. Dr. al Jamali in reply remarked that his request
was that none of them should feel that the object of the new law
was to bring pressure against American schools or was directed
against any one of them as its aim was to protect national
public instruction and the Ministry of Education was prepared to
co-operate with the American institutions which have proved
their good intentions toward the Kingdom in general and
education in particular.
Mr. Van Ess then asked about the object of including two
articles, one providing for the appointment of directors and
teachers of private and foreign schools with the approval of the
Ministry of Education,
[Page 737]
and the other stipulating that the Ministry of Education will
itself appoint the teachers of history, geography and the Arabic
language. Dr. Fadhel al Jamali stated that the Ministry of
Education, in addition to its desire to ensure the integrity of
all teaching institutions, wishes to select itself those on whom
it depends for civic studies.
Mr. Van Ess objected and said that he had good Iraqi teachers for
these lessons, who have given long and praiseworthy services.
Dr. Fadhel al Jamali replied that the Ministry of Education will
take such good teachers into consideration and will not hesitate
to nominate them to the school in which they were serving.
Father Sarjeant then inquired whether it would be possible for
the American fathers to study the Arabic language and then teach
these civic studies. Dr. al Jamali replied that his
understanding of the spirit of the law was that the sons of the
language itself will undertake the teaching of the branches of
civic studies and the Arabic language.
A discussion then took place concerning the subject of the
liability of the teachers who may be appointed by the Ministry
of Education to the regulations of the schools to which they
will be appointed. Dr. al Jamali stated that they will be
treated like the other teachers attached to the school
administration. They will account for their behaviour and the
execution of their duties as if they were teachers in the
Government schools and the Ministry of Education does not by the
appointment of teachers for these lessons intend to weaken the
discipline in these schools.
A discussion then ensued concerning the salaries to be paid to
those teachers which may be less than those paid by the Ministry
of Education. Dr. al Jamali replied that the Ministry of
Education will treat this matter. It may appoint teachers who
may not need high salaries or it may grant some of those
teachers subsidies from its own budget, if it considers that
necessary. Father Sarjeant then expressed his fears of the
possibility of the appointment of teachers below the required
educational standard but Dr. al Jamali assured him that their
standard will not be lower than that of the teachers of the
Ministry of Education in general.
Then Father Sarjeant brought up the question of differentiation
in shortcomings between the school and between the
administrative and teaching staffs, stating that the Ministry
may punish the offending members of the staff and may not punish
the school. Sayid Sadiq Shanshal replied that the school had a
moral, legal character and Dr. Fadhel al Jamali added that
assuming that a certain school adopts policies and aims
contradictory to the Iraqi public interest and takes a harmful
course, in spite of the changes in the members of its staff, the
Ministry will undoubtedly punish the school by closing it.
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Then Mr. Van Ess enquired about the periods of school holidays
and whether it was intended to close American schools on the
same days during which Government schools will be closed. Dr. al
Jamali answered that the days during which the schools will be
closed will be the official holidays during which Government
departments will be closed and will not include Fridays.
Mr. Van Ess then brought up the problem which might arise as a
result of prohibiting Iraqis from sending their children to
foreign schools and reproached the Iraqi Government for taking
such measures despite the fact that he has rendered loyal
services to this country for a period exceeding thirty years.
Dr. al Jamali replied that this measure was inevitable for the
protection of the national culture and was not at all directed
against him. After further discussions, it was agreed that the
American primary schools be entrusted to Iraqis who will apply
for permits to open these schools in their names as private
schools provided that the Ministry of Education will assist them
in accepting grants-in-aid which they may receive from America
through the American schools. Dr. al Jamali then promised that
he will personally intervene to offer all facilities for the
execution of this transaction within one week from the date of
the submission of the application and there would not be the
least difficulty or obstacle.
The meeting ended with the provision that the talk was to be
considered as a “word of honor” or a “gentleman’s
agreement.”
(Signed)
Fadhel al Jamali
Nazir al-Awwal
Director General of Public Instruction and
Education
(Signed)
John Van Ess
“
Bernard D. Hakken
“
Calvin K. Staudt
“
Francis B. Sarjeant, S.J.
[Enclosure 2]
The American Minister Resident (Knabenshue)
to the Iraqi Minister for Foreign
Affairs (Nuri
as-Said)
No. 790
Baghdad, July 11,
1940.
Excellency: During our conversation on
May 6th when we discussed the proposed new education law, you
informed me, with regret, that, contrary to your previous
assurances to me that the law would not be submitted to the
Senate until its next session in the autumn, the Senate had,
however, just passed the law on the eve of its adjournment. Upon
my request that the signature of His Highness the Regent be
withheld until further discussions could take place and
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until I could refer
the matter to my Government for further consideration, you were
good enough to telephone to the Prime Minister and then to
inform me that His Excellency had agreed to withhold publication
of the law until the matter could be further discussed. It was
then arranged between us that I should call a meeting of the
heads of the American educational institutions in Iraq in order
that they might formulate their position in respect to the
proposed law and afterwards meet with representatives of the
Iraqi Government at the Ministry for Foreign Affairs with a
view, if possible, of bringing about a reconciliation of the
various points at issue.
As Your Excellency is aware, the meeting in question took place
at the Ministry for Foreign Affairs yesterday. It is my
understanding that an arrangement was suggested whereby the
American educational institutions in Iraq would tentatively
accept certain conditions which would enable them to continue
their schools under the proposed education law.
As I had informed Your Excellency on May 6th, individual American
citizens are not entitled to waive their own rights or the
rights of other American citizens guaranteed to them by treaties
or other international instruments and that, consequently, I
would be obliged to refer the proposed law to my Government,
together with the recommendations of the American interests
involved for its consideration. Having already forwarded a copy
of the proposed law to my Government, I am now communicating to
it the results of the meeting which took place at the Ministry
yesterday. In the circumstances, I desire to ask that you be
good enough to cause continued postponement of publication of
the law until I can communicate to you my Government’s further
point of view in the matter.
I avail myself [etc.]
