Text of the Mandates Commission Draft Report on Palestine

The J. T. A. representative here has seen the Draft Report of the Permanent Mandates Commission of the League of Nations on the Palestine Mandate which was considered at the last meeting of the Commission a few days ago. 100 copies of the British Government’s Report on the Palestine Administration for 1923 were received in June. Six meetings on October 28th, 29th and 30th were devoted to the consideration of this Report in collaboration with the British Representative, Sir Herbert Samuel, High Commissioner for Palestine.

In discussing the administration of Palestine in connection with the first Annual Report submitted by the Mandatory Power since the coming into force of the Mandate following the decision of the Council of the League of Nations in September, 1923, the Permanent Mandates Commission has been faced with a new situation, the Draft Report states. Whereas all the other Mandates, the application of which it has hitherto examined, were only intended to give effect to the general principles of Article 22 of the League’s Covenant, the Palestine Mandate is of a more complex nature.

NATIONAL HOME FOR JEWISH PEOPLE

As was expressly stated in the Preamble of the Mandate and is clearly shown by several of the clauses of the Mandate, the Council in drawing up its terms desired while giving effect to the provisions of Article 22 of the Covenant, also to carry out the plan of establishing in Palestine a National Home for the Jewish people, as stated in the historic Declaration of November 2nd, 1917, with which Lord Balfour’s name is associated and which the Principal Allied Powers adopted. According to the fundamental principle of Article 22 of the Covenant, the paramount duty of the Mandatory is to ensure the development of the mandated territories by administering them in conformity with the interests of their inhabitants. Moreover, in the terms of the declaration of November 2nd, 1917, the Mandatory in Palestine is instructed to assist “the establishment in Palestine of a National Home for the Jewish People, it being clearly understood that nothing shall be done which may prejudice the civil and religious rights of existing non-Jewish communities in Palestine or the rights and political status enjoyed by Jews in any other country.”

JEWISH IMMIGRATION TO PALESTINE

It is not for the Commission which, according to Article 22 of the Covenant, has “to advise the Council on all matters relating to the observance of the Mandate” to offer any observations whatever concerning the actual drafting of the charters, the application of which it is called upon to examine. Still less is the Commission entitled to contrast the two principles by which the Council was guided in drawing up the terms of the Palestine Mandate. But as this Mandate necessarily betrays the dual nature of its inspiration, and its application has aroused complaints by persons basing their case on one of these principles to the exclusion of the other, the Commission would not be fulfilling its duty to the Council if it refrained from making reference to the facts which have come to its notice in this connection.

The Commission desires, therefore, to draw the particular attention of the Council to the principal fact which seems to dominate the whole present situation in Palestine. The Commission has noted that according to the Annual Report and the statements of the accredited Representative of the Mandatory there has been in the last few years a considerable stream of Jewish immigration into Palestine. This stream of immigration, mainly from Eastern Europe, is providing Palestine with a new population which, however great the ardour and zeal of the immigrants and their desire to contribute to the reconstruction of the Jewish National Home, is prepared neither by technical training nor tradition for manual work, especially agricultural work, of which Palestine is in greatest need. According to Article 6 of the Mandate the Palestine Administration shall facilitate Jewish immigration under suitable conditions, and encourage close settlement by Jews on the land, including State lands and waste lands not required for public purposes. These pro##stions make it the duty of the Palestine Administration to encourage is well as to regulate Jewish immigration into Palestine. The Commission is glad to express its appreciation of the ## made by the Mandatory to ensure the a## of the principle la## down in this Article. It is framed to observe however, that the immigration policy of the Minditory g##res rise to acute controversy while it does #### entire satisfaction to the Zionists. The Zionists feel that the establishment in Palestine of a National Jewish ## is the first duty of the Mandatory and manifest. Therefore a certain impati## at the difficulties sometimes ## in the ## of immigration and the granting of land to immigration. The policy is rejected by the Arab majority in the country which