Sweet_Caroline, montelatici,
et al,
Remember that these documents were created by men based on a 19th Century understanding of what civil and religious rights meant.
How could that possibly be, when it clearly states that nothing could be done that might "prejudice the civil and religious rights of existing non-Jewish communities in Palestine...."
How could establishing a Jewish ruled state not "prejudice the civil and religious rights of the existing non-Jewish communities in Palestine"? Remember non-Jews were about 90% of the population. The Mandate had no such intention.
[/B]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 of existing non-Jewish communities in Palestine...."
That was the wording of the Mandate.
Civil and religious rights of other peoples
were not prejudiced.
(COMMENT)
So, when the authors of these very early 20th Century documents say "nothing should be done which might prejudice the civil and religious rights of existing non-Jewish communities
in Palestine...." --- what did THEY really means?
- The Balfour Declaration, ----- the San Remo Conference, nor the Palestine Mandate extend any specific authoritative "rights" to the Jewish people.
- The Balfour Declaration was neither an independent authority or a directive. It was an expression of intent to extend its "best endeavors" to facilitate the achievement of a "national home for the Jewish people."
- The San Remo Convention was more multifaceted, yet still not a independent authority or a directive extending any special rights to the Jewish People.
- The San Remo Convention was an agreement to attempt to achieve the facilitation of the Balfour Declaration of a "national home for the Jewish people."
- The San Remo Convention was an agreement on the framework (the Mandate) to bring meaning to Article 22 of the Covenant.
- The Mandate was the product of the San Remo Convention and the League of Nation authority for the assigned Mandatory.
Under the terms of the Mandate, to award the country either to the Arabs or to the Jews, or even to partition it between them was not authorized. That is why an additional authority [GA/RES/181(II)] was required.
There were a few "rights" addressed
(civil and religious rights). What they did include:
- Rights and free access to the Holy Places, religious buildings and sites and the free exercise of worship, and protection of Moslem sacred shrines.
- Freedom to maintain indigenous schools for the education of its culture.
- Freedom to manage financial obligations legitimately incurred debt.
- The protection of pensions or gratuities (inheritance).
- Real Estate laws and the protection of private property.
But nothing else specifically was mentioned. It has always been assumed that civil property rights were included. And still today, that assumption seems valid.
When trying to translate what the authors intent was, one has to think like a early 20th Century author with a 19th Century education and classical outlook on humanity. But you cannot include all the advancement made in summation of the 20th Century and apply 21st Century logic to them. That would not be representative of their true intent.
Most Respectfully,
R