THE MANDATE FOR PALESTINE, JULY 24, 1922

                         LEAGUE OF NATIONS

     (Following publication of the Balfour Declaration, the Arab World leaders

voiced uniform opposition and charged that they had been promised independence

in Palestine under terms of the Hussein/McMahon agreements, not knowing until

later that the french and British had already determined how the Ottoman Empire

would be divided between them. As this pressure mounted, however, Zionists

became concerned that the intent of the Balfour Declaration would be nullified.

     (In February, 1919, the Zionist Organization submitted a special request

to the ALlied Supreme Council requesting that the Mandate for Palestine be

given to Britain. That request was honored in San Remo on April 25, 1920. The

Mandate was approved by the League on July 24, 1922, but was not implemented

until one year later because of intervention by the United States government,

which was not a member of the League of nations. President Woodrow Wilson, an

outspoken Zionist sympathizer, insisted that ZIonist interests be maintained.

     (As a result, Britain and the United States negotiated a "Convention"

signed on Dec. 3, 1924 that in essence prohibited any modification of the

Mandate without American consent. With that final accord within sight, the

Mandate was formally implemented on Sept. 29, 1923.)

               The League of Nations Mandate for Palestine:

  The Council of the League of Nations:

     Whereas the Principal Allied Powers have agreed, for the purpose of giving

effect to the provisions of Article 22 of the Covenant of the League of

Nations, to entrust to a mandatory selected by the said Powers the

administration of the territory of Palestine, which formerly belonged to the

Turkish Empire, within such boundaries as may be fixed by them: and

     Whereas the Pricipal Allied Powers have also agreed that the Mandatory

should be responsible for putting into effect the declaration originally made

on November 2, 1917 by the Government of His Britannic Majesty, and adopted by

the said Powers, in favour of the establishment in Palestine of a national home

for the Jewish people, it being clearly understood that nothing should be done

which might prejudice the civil and religious rights for existing non-Jewish

communities in Palestine, or the rights and political staus enjoyed by Jews in

any other country; and

     Whereas recognition has thereby been given to the historical connection of

the Jewish people with Palestine and to the grounds for reconstituting their

national home in that country; and

     Whereas the Principal Allied Powers have selected His Britannic Majesty as

the Mandatory for Palestine; and

     Whereas the mandate in respect of Palestine has been formulated in the

following terms and submitted to the Council of the League for approval; and

     Whereas His Britannic Majesty has accepted the mandate in respect of

Palestine and undertaken to exercise it on behalf of the League of Nations in

conformity with the following provisions; and

     Whereas by the afore-mentioned Article 22 (paragraph 8), it is provided

that the degree of authority, control or administration to be exercised by the

Mandatory, not having been previously agreed upon by Members of the League,

shall be explicitly defined by the Council of the League of Nations;

     Confirming the said mandate, defines its terms as follows:

     ARTICLE 1: The Mandatory shall have full powers of legislation and of

administration, save as they may be limited by the terms of this mandate.

     ARTICLE 2: The Mandatory shall be responsible for placing the country

under such political, administrative and economic conditions as will secure the

establishment of the Jewish national home, as laid down in the preamble, and

the development of self-governing institutions, and also for safeguarding the

civil and religious rights of all the inhabitants of Palestine, irrespective of

race and religion.

     ARTICLE 3: The mandatory shall, so far as circumstances permit, encourage

local autonomy.

     ARTICLE 4: An appropriate Jewish agency shall be recognised as a public

body for the purpose of advising and cooperating with the Administration of

Palestine in such economic, social and other matters as may affect the

establishment of the Jewish national home and the interests of the Jewish

population of Palestine, and, subject always to the control of the

Administration, to assist and take part in the development of the country.

     The Zionist organisation, so long as its organisation and constitution are

in the opinion of the Mandatory approriate, shall be recognised as such agency.

It shall take steps in consultation with His Britannic Majesty's Government to

secure the cooperation of all Jews who are willing to assist in the

establishment of the Jewish national home.

     ARTICLE 5: The Mandatory shall be responsible for seeing that no Palestine

territory shall be ceded or leased to, or in any way placed under the control

of, the Government of any foreign Power.

     ARTICLE 6: The Administration of Palestine, while ensuring that the rights

and position of other sections of the population are not prejudiced, shall

facilitate Jewish immigration under suitable conditions and shall encourage, in

cooperation with the Jewish agency referred to in Article 4, close settlement

by Jews on the land, including State lands and waste lands not required for

public purposes.

     Article 7: The Administration of Palestine shall be responsible for

enacting a nationality law. There shall be included in this law provisions

framed so as to facilitate the acquisition of Palestinian citizenship by Jews

who take up their permanent residence in Palestine.

     ARTICLE 8: The privileges and immunities of foreigners, including the

benefits of consular jurisdiction and protection as formerly enjoyed by

Capitulation or usage in the Ottoman Empire, shall not by applicable in

Palestine.

     Unless the Powers whose nationals enjoyed the aforementioned privileges

and immunities on August 1st, 1914, shall have previously renounced the right

to their reestablishment, or shall have agreed to their non-application for a

specified period, these privileges and immunities shall, at the experation of

the Mandate, be immediately re-established in their entirety or with such

modifications as may have been agreed upon between the Powers concerned.

     ARTICLE 9: The Mandatory shall be responsible for seeing that the judicial

system established in Palestine shall assure to foreigners, as well as to

natives, a complete guarantee of their rights.

     Respect for the personal status of the various peoples and communities and

for their religious interests shall be fully guaranteed. In particular, the

control and administration of Wakfs shall be exercised in accordance with

religious law and the disposition of the founders.

     ARTICLE 10: Pending the making of special extradition agreements relating

to Palestine, the extradition treaties in force between the Mandatory and other

foreign Powers shall apply to Palestine.

     ARTICLE 11: The Administration of Palestine shall take all necessary

measures to safeguard the interests of the community in connection with the

development of the country, and, subject to any international obligations

accepted by the Mandatory, shall have full power to provide for public

ownership or control of any of the natural resources of the country or of the

public works, services and utilities established or to be established therein.

It shall introduce a land system appropriate to the needs of the country,

having regard, among other things, to the desireability of promoting the close

settlement and intensive cultivation of the land.

     The Administration may arrange with the Jewish Agency mentioned in Article

4 to construct or operate, upon fair and equitable terms, and public works,

services and utilities, and to develop any of the natural resources of the

country, in so far as these ,matters are not directly undertaken by the

Administration. Any such arrangements shall provide that no profits distrubuted

by such agency, directly or indirectly, shall exceed a reasonable rate of

interest on the capital, and any further profits shall be utilised by it for

the benefit of the country in a manner approved by the Administration.

     ARTICLE 12: The Mandatory shall be entrusted with the control of the

foreign relations of Palestine and the right to issue exequaturs to consuls

appointed by foreign Powers. He shall also be entitled to afford diplomatic and

consular protection to the citizens of Palestine when outside its territorial

limits.

     ARTICLE 13: All responsibility in connection with the Holy Places and

religious buildings or sites in Palestine, including that of preserving

existing rights and of security  free access to the Holy Places, religious

buildings and sites and the free exercise of worship, while ensuring the

requirements of public order and decorum, is assumed by the Mandatory, who

shall be responsible solely to the League of Nations in all matters connected

herewith, provided that nothing in this article shall prevent the Mandatory

from entering into such arrangements as he may deem reasonable with the

Administration for the purpose of carrying the provisions of this article into

effect; and provided also that nothing in this mandate shall be construed as

conferring upon the Mandatory authority to inerfere with the fabric or the

management of purely Moslem sacred shrines, the immunities of which are

guaranteed.

     ARTICLE 14: A special Commission shall be appointed by the Mandatory to

study, define and determine the rights and cliams in connection with the Holy

Places and the rights and claims relating to the different religious

communities in Palestine. The method of nomination, the composition and the

functions of this Commission shall be submitted to the Council of the League

for its approval, and the Commission shall not be appointed or enter upon its

functions without the approval of the Council.

     ARTICLE 15: The Mandatory shall see that complete freedom of conscience

and free exercise of all forms of worship, subject only to the maintenance of

public order and morals, are ensured to all. No discrimination of any kind

shall be made between the inhabitants of Palestine on the ground of race,

religion or language. No person shall be excluded from Palestine on the sole

ground of his religious belief.

     The right of each community to maintain its own schools for the education

of its own members in its own language, while conforming to such educational

requirements of a general nature as the Administration may impose, shall not be

denied or impaired.

     ARTICLE 16: The Mandatory shall be responsible for exercising such

supervision over religious eleemosynary bodies of all faiths in Palestine as

may be required for the maintenance of public order and good government.

SUbject to such supervision, no measures shall be taken in Palestine to

obstruct or interfere with the enterprise of such bodies or to discriminate

against any representative or member of them on the ground of his religion or

nationality.

     ARTICLE 17: The Administration of Palestine may organise on a voluntary

basis the forces necessary for the preservation of peace and order, and also

for the defence of the country, subject, however, to the supervision of the

Mandatory, but shall not use them for purposes other than those above specified

save with the consent of the Mandatory. Except for such purposes, no military,

naval or air forces shall be raised or maintained by the Administration of

Palestine.

     Nothing in this article shall preclude the Administration of Palestine

from contributing to the cost of the maintenance of armed forces and the

carriage of fuel and supplies.

     ARTICLE 18: The Mandatory shall see that there is no discrimination in

Palestine against the nationals of any State Member of the League of Nations

(including companies incorporated under its laws) as compared with those of the

Mandatory or of any foreign State in matters concerning taxation, commerce or

navigation, the exercise of industries or professions in the the treatment of

merchant vessels or civil aircraft. Similarly, there shall be no discrimination

in Palestine against goods originating in or destined for any of the said

States and there shall be freedom of transit under equitable conditions across

the mandated area.

     Subject as aforesaid and to the other provisions of this mandate, the

Administration of Palestine may, on the advice of the Mandatory, impose such

taxes and customs duties as it may consider necessary and take such steps as it

may think best to promote the development of the natural resources of the

country and to safeguard the interests of the population. It may also, on the

advice of the Mandatory, conclude a special customs agreement with any State

the territory of which in 1914 was wholly included in Asiatic Turkey or Arabia.

     ARTICLE 19: The Mandatory shall adhere on behalf of the Administration of

Palestine to any general international conventions already existing, or which

may be concluded hereafter with the approval of the League of Nations,

respecting the slave traffic, the traffic in arms and ammunition, or the

traffic in drugs, or relating to commercial equality, freedom of transit and

navigation, aerial navigation and postal, telegraphic and wireless

communication or literary, artistic or industrial property.

     ARTICLE 20: The Mandatory shall cooperate on behalf of the Administration

of Palestine, so far as religious, social and other conditions may permit, in

the execution of any common policy adopted by the League of Nations for

preventing and combating disease, including diseases of plants and animals.

     ARTICLE 21: The Mandatory shall secure the enactment within twelve months

from this date, and shall ensure the execution of a Law of Antiquities based on

the following rules. This law shall ensure equality of treatment in the matter

of excavations and archaeological research to the nations of all State Members

of the League of Nations.

     (1) "Antiquity" means any construction or any product of human activity

earlier than the year A.D. 1700.

     (2) The law for the protection of antiquities shall proceed by

encouragement rather than by threat.

     Any person who, having discovered an antiquity without being furnished

with the authorisation referred to in paragraph 5. reports the same to an

official of the competent Department, shall be rewarded according to the value

of the discovery.

     (3) No antiquity may be disposed of except to the competent Department,

unless this Department renounces the acquisition of any such antiquity.

     No antiquity may leave the country without an export license from the said

Department.

     (4) Any person who maliciously or negligently destroys or damages an

antiquity shall be liable to a penalty to be fixed.

     (5) No clearing of ground or digging with the object of finding

antiquities shall be permitted, under penalty of fine, except to persons

authorised by the competent Department.

     (6) Equitable terms shall be fixed for expropriation, temporary or

permanent, of lands which might be of historical or archaeological interest.

     (7) Authorisation to excavate shall only be granted to persons who show

sufficient guarantees of archaeological experience. The Administration of

Palestine shall not, in granting these authorisations, act in such a way as to

exclude scholars of any nation without good grounds.

     (8) The proceeds of excavations may be divided between the excavator and

the competent Department in a proportion fixed by that Department. If division

seems impossible for scientific reasons, the excavator shall receive a fair

indemnity in lieu of a part of the fund.

     ARTICLE 22: English, Arabic and Hebrew shall be the official languages of

Palestine. Any statement or inscription in Arabic on stamps or money in

Palestine shall be repeated in Hebrew, and any statement or inscription in

Hebrew shall be repeated in Arabic.

     ARTICLE 23: The Administration of Palestine shall recognise the holy days

of the respective communities in Palestine as legal days of rest for the

members of such communities.

     ARTICLE 24: The Mandatory shall make to the Council of the League of

Nations an annual report to the satisfaction of the council as to the measures

taken during the year to carry out the provisions of the mandate. Copies of all

laws and regulations promulgated or issued during the year shall be

communicated with the report.

     ARTICLE 25: In the territores lying between the Jordan and the eastern

boundary of Palestine as ultimately determined, the Mandatory shall be

entitled, with the consent of the Council of the League of Nations, to postpone

or withhold application of such provisions of this mandate as he may consider

inapplicable to the existing local conditions, and to make such provision for

the administration of the territories as he may consider suitable to those

conditions, provided that no action shall be taken which is inconsistent with

the provisions of Articles 15, 16 and 18.

     ARTICLE 26: The Mandatory agrees that, if in any dispute whatever should

arise between the Mandatory and another Member of the League of Nations

relating to the interpretation or the application of the provisions of the

mandate, such dispute, if it cannot be settled by negotiations, shall be

submitted to the Permanent Court of International Justice provided for by

Article 14 of the Covenant of the League of Nations.

     ARTICLE 27: The consent of the Council of the League of Nations is

required for any modification of the terms of this mandate.

     ARTICLE 28: In the event of the termination of the mandate hereby

conferred upon the Mandatory, the Council of the League of Nations shall make

such arrangements as may be deemed necessary for safeguarding in perpetuity,

under guarantee of the League, the rights secured by Articles 13 and 14, and

shall use its influence for securing, under the guarantee of the League, that

the Government of Palestine will fully honour the financial obligations

legitimately incurred by the Administration of Palestine during the period of

the mandate, including the rights of public servants to pensions or gratuities.