P F Tinmore, et al,
Let not forget what we were talking about in this exchange; wchich started with your
Post #113. We were talking about proving the accuracy of the Palestinian claim:
• Palestine from the river to the sea, and from north to south, is a land of the Palestinian people and its homeland and its legitimate right, we may not a waiver an inch or any part thereof, no matter what the reasons and circumstances and pressures.
P F Tinmore, et al,
This is not correct. You're making the mistake by trying to associate the names.
P F Tinmore, et al,
You missed the intention again. And you've stepped around the discussion. Article 30 does not apply to the Mandate for Lebanon or the Mandate for Palestine; as they were both segments of multiple Sanjuks (NOT STATES) of the former Ottoman Empire.
(COMMENT)
Actually NOT!
The Treaty of Lausanne had to cover a multitude of territorial issues over a vast number of territories. Article 30, like all the Articles of the Treaty, was not exclusively applicable to all.
Well before the Treaty of Lausanne (years), the Allied Powers had determined and made it known their intention to create special conditions for the territory (yet to be determined) of Palestine. Well before the treaty, the Allied Powers had determined the need for and the placement of a Jewish National Home; as well as the need for special consideration to unique immigration and citizenship requirements to bring the immigrants up in the same status as the inhabitants. Just as the Treaty was (generally) written to meet the entire landscape beyonds the boundaries of Turkey, the Mandate for Palestine contained the unique aspects and instructions to fulfill the intentions of the Allied Powers.
In 1916 Britain and France signed the Sykes-Picot Agreement, which divided the Arab region into Zones of Influence (ZoI). Lebanon and Syria were assigned to France, Jordan and Iraq to Britain and Palestine was to be internationalized. THAT DID NOT HAPPEN. In 1922 The Council of the League of Nations issued a Mandate for Palestine. The Mandate was in favor of the establishment for the Jewish people a homeland in Palestine.
Article 30 applied specifically to "States"
(including Vassal or Tributary) detached from Turkey
(The Balkan States, Egypt, Greece, Bulgaria, Romania, Macedonia, Hungary, as examples) (Ottoman Partitions The Kingdoms of Nejd and Hejaz was formed, which in 1932 became the kingdom of Saudi Arabia, examples of States NOT covered by the Treaty of Lausanne). But in the Middle East, the Ottoman Territorial Administrations was broken down slightly difference into Sanjuks
(Districts) and Vilayets
(Provinces). But NOT States or self governing regions
[Vassal (tribal) or Tributary (self-governing paying tribute)].... In the Middle East, the two Vilayets that include, what we consider today as Palestine, were the Vilayet of Beirut
(including the Sanjuks of Latakia, Tripoli, Lebanon, Beirut, Acre, Balqa, Jerusalem), and the Vilayet of Syria
(including the Sanjuks of Hama, Damascus, Hauran, and Maan). As I've mentioned many times before, the Region of Palestine was neither a State
(Independent, Vassal or Tributary) or a Political Subdivision
(Sanjuk or Vilayet). THUS, Article 30 is not applicable to the issue under discussion.
The Ottoman Empire/Turkish Republic renounces title and right to the Region we call Palestine, which was then was transferred to the Mandatory for administration and disposition under Article 16
(the future of these territories and islands being settled or to be settled by the parties concerned). Neither The Treaty of Lausanne or the Mandate for Palestine granted or promised the inhabitants any particular future or any future authority, or any specific territory
(within such boundaries as may be determined by the Principal Allied Powers). While that may have been an intention for most of the detached territories, the intention for Palestine was outlined in the Mandate.
Most Respectfully,
R
But in the Middle East, the Ottoman Territorial Administrations was broken down slightly difference into Sanjuks (Districts) and Vilayets (Provinces). But NOT States or self governing regions...
Lebanon, Syria, Transjordan, and Palestine were all considered to be successor states.
(COMMENT)
The current State of Lebanon was a composite of the southern part of the Tripoli Sanjuk, the Sanjuk of Lebanon, and the northern portion of the Acre Sanjuk.
The State of Syria was a composite of the Sanjuk of Latakia, most of the Vilayet of Aleppo, the Sanjuk of Hama, and the Sanjuk of Damascus, the State of Transjordan was a composite of the Sanjuks Maan and Hauran. Transjordan was actually set up after the Unconditional Mudor Armistice of 1918; with Hashemite Emir Faisal set up an independent government in Damascus. Although for political reasons tied directly to the Syke-Picot Agreement, the ZoI of Damascus revered back to French control.
None of the pre-surrender districts and provinces that you mentioned were successor governments. They were political subdivisions under the responsible "Divan"
(a council that advised the Sultan). At time in the history of the Ottoman Empire, the region had
Eyalets ( Beylerbeys ), the next order of government above a Vilayet.
I think you are grasping at straws.
And again I remind you that, the title and rights were renounced to the Allied Powers and the Mandatories selected by the Allied Powers. All rights and titles by treaty = all rights and titles by treaty. There is nothing greater than that in terms of independence and sovereignty.
While I agree in part with some of what our friend "montelatici" has cited, the Article 3 which he sites is a (French) Mandate Article, derivative of the substance behind the treaty.
Most Respectfully,
R
None of the pre-surrender districts and provinces that you mentioned were successor governments.
That is true though I think you say that to mislead. Post war treaties divided the region. Territories were named and defined by international borders. Upon the signing of the Treaty of Lausanne, these defined territories became successor states.
-------------------------
Drawing up the framework of nationality, Article 30 of the Treaty of Lausanne stated:
“Turkish subjects habitually resident in territory which in accordance with the provisions of the present Treaty is detached from Turkey will become ipso facto, in the conditions laid down by the local law, nationals of the State to which such territory is transferred.”
----------------------
The automatic,
ipso facto, change from Ottoman to Palestinian nationality was dealt with in Article 1, paragraph 1, of the Citizenship Order, which declared:
“Turkish subjects habitually resident in the territory of Palestine upon the 1st day of August, 1925, shall become Palestinian citizens.”
------------------
Palestine was the state to which such territory was transferred and the Palestinians were the citizens of that state as stated in the Treaty of Lausanne and confirmed by local law.
(REFERENCE)
REPORT
BY HIS BRITANNIC MAJESTY'S GOVERNMENT
TO THE COUNCIL OF THE LEAGUE OF NATIONS
ON THE ADMINISTRATION OF
PALESTINE AND TRANSJORDAN
FOR THE YEAR
1925
SECTION III.
QUESTIONNAIRE OF PERMANENT MANDATES COMMISSION,
WITH BRIEF REPLIES.
I.--JEWISH NATIONAL HOME.
1.Q. What measures have been taken to place the country under such political, administrative and economic conditions as will secure the establishment of the national home of the Jewish people? What are the effects of these measures?
A. The direction and objects of the policy of the Government of Palestine in law, administration and finance are unchanged. The visible results of the policy have been tranquillity, increased Jewish immigration, progress of Jewish agricultural settlement. The expansion of industry has been encouraged by the grant of exemption of certain raw materials from import duty (see [pages ] of this Report).
The regulations under the Immigration Ordinance, 1925, set up a statutory procedure for the introduction of Jewish immigrant labour into Palestine. The Palestinian Citizenship Order in Council, 1925, facilitates the acquisition of Palestinian nationality by persons settling in the country, including those who opted for Palestinian citizenship under the Palestine Legislative Council Election Order in Council, 1922. There was a remarkable development of Jewish Co-operative Societies, constituted principally for building, agricultural and mutual credit purposes. Twenty-six Jewish companies were formed.
VI.--NATIONALITY.
2.Q. Have special provisions been enacted, framed so as to facilitate the acquisition of Palestinian citizenship by Jews?
A. Article 5 of the Order facilitates the acquisition of citizenship by Jews who opted therefor under Article 2 of the Palestine Legislative Council Election Order in Council, 1922. The qualifications for naturalization are simple: two years' residence in Palestine out of the three years preceding application, good character, and the declared intention to settle in Palestine; knowledge of Hebrew is accepted under the literacy qualification. In special cases the High Commissioner is empowered to grant naturalization even if the period of residence has not been within the three years preceding application. Special naturalization offices have already been opened in Jerusalem, Haifa and Tiberias; and an officer is visiting the Jewish agricultural settlements in the north to receive applications on the spot.
PERMANENT MANDATES COMMISSION
MINUTES
OF THE
NINTH SESSION
Held at Geneva from June 8th to 25th, 1926
including the
REPORT OF THE COMMISSION TO THE COUNCIL
11. Rights of Citizenship. -- In this connection, the Waad Leumi complains that the High Commissioner is empowered to withdraw the privilege of citizenship without trial and without appeal.
The Commission is of opinion that the mandatory Power has demonstrated the necessity of conferring this power upon the High Commissioner and it could only have taken this complaint into consideration if cases had been laid before it in which this power had been abused or exercised in an arbitrary manner.
(COMMENT)
Being a citizen of the territory to which the Mandate Applies (
as in Article 1 of the Palestine Order in Council), is not the same as:
• Being a citizen of an independent and sovereign.
• Being a citizen of a self-governing institution.
The demarcation of Palestine (as may be determined by the Allied Powers) may be changed or altered at the discretion of the allied powers.
Again, citizenship has no impact on the matter of independence or sovereignty.
Neither Article 30, or the Citizenship Law alters the fact that, by treaty, the title and rights to the territory of the Allied Powers; and remained so until altered by the Allied Powers, or the Mandate Commission.
Most Respectfully,
R