montelatici
Gold Member
- Feb 5, 2014
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montelatici, et a;,
Yes, try as you might, you are trying to apply Article 22 as if it was intended to apply soley to Arab Palestinians. Article 22 of the Covenant is NOT an obligation or agreement between the Allied Powers and the Arab Palestinians. The Arab Palestinians where not a signatory to the Covenant. There is no binding obligation between the Allied Powers and the Allied Powers. In fact, the Arabs of Palestine are not a signatory to any agreement. In point of fact, the Arab Palestinians cannot claim any attachment or obligation between the Allied Powers and the Arabs of Palestine. The Arab Higher Committee Delegation reaffirm here that the Arabs of Palestine cannot recognize the Balfour Declaration, the Mandate of Palestine or any situation arising or derived therefrom. The Arabs of Palestine cannot have it both ways; on the one hand, decline recognition, and in the other make a claim that there was an obligation to be fulfilled.
(COMMENT)"Where does the League of Nations (LoN) or any Allied Power make a binding commitment to the inhabitants of the territory to which the Mandate for Palestine applied?"
In Article 22 of the LON Covenant it clearly states that:
"ARTICLE 22.
To those colonies and territories which as a consequence of the late war have ceased to be under the sovereignty of the States which formerly governed them and which are inhabited by peoples not yet able to stand by themselves under the strenuous conditions of the modern world, there should be applied the principle that the well-being and development of such peoples form a sacred trust of civilisation and that securities for the performance of this trust should be embodied in this Covenant."
The phrase "well being and development of such people" presupposes that the "inhabitants" accepted the tutelage of the more advanced nations, as articulation in Article 22(2).
• A/AC.14/8 2 October 1947 Memorandum by His Britannic Majesty's Government presented in 1947 to the United Nations Special Committee on Palestine:
Later in 1923, a third attempt was made to establish an institution through which the Arab population of Palestine could be brought into cooperation with the government. The mandatory Power now proposed “the establishment of an Arab Agency in Palestine which will occupy a position exactly analogous to that accorded to the Jewish Agency”. The Arab Agency would have the right to be consulted on all matters relating to immigration, on which it was recognised that “the views of the Arab community were entitled to special consideration”. The Arab leaders declined that this offer on the ground that it would not satisfy the aspirations of the Arab people.
• A/AC.21/9 S/676 16 February 1948 First Special Report to the Security Council: The Problem of Security in Palestine --- Part I. MAIN CONSIDERATIONS --- Paragraph 3C and 6:
Powerful Arab interests, both inside and outside Palestine, are defying the resolution of the General Assembly and are engaged in a deliberate effort to alter by force the settlement envisaged therein. The Secretary-General has been informed by the Arab Higher Committee that is determined to persist in its rejection of the partition plan and in its refusal to recognize the resolution of the Assembly and “anything deriving therefrom.”
• This is a case where the Arabs of Palestine failed to even qualify as they were NOT "willing to accept it, and that this tutelage should be exercised by them as Mandatories on behalf of the League. Article 22(2)
Clearly, it applied to the people inhabiting Palestine even if you may claim that it also applied to people not inhabiting the former Turkish possessions.
(COMMENT)
It does not promise anything specific to anyone specific in the region. What Article 22(4) says: "Certain communities formerly belonging to the Turkish Empire have reached a stage of development where their existence as independent nations can be provisionally recognized."
"Certain Communities" does not mean "Every Community." Where do the Allied Powers identify the Arab of Palestine as "provisionally recognized."
Remember, even today, the 1988 State of Palestine cannot demonstrate that it has "reached a stage of development where their existence as independent nations can be provisionally recognized." The 1988 State of Palestine is totally dependent of external donor programs to maintain its existence.
(COMMENT)Furthermore, in the preamble of the Mandate it also referred to Article 22, reinforcing the applicability of the Covenant's intentions to adhere to the principle of well-being and development of the inhabitants.
"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..."
In fact, there was no effort to protect and promote the well-being of the inhabitants of the former Turkish territory. Rather, there was an effort to promote the well-being and development of inhabitants of other lands and continents at the expense of the inhabitants of Palestine.
Now we have shifted gears here. Now we are talking about the "Level of Effort" versus the "Acceptance of Tutelage."The need for economic development in Palestine was emphasised, in 1930, by the Permanent mandates Commission, by Sir John Hope-Simpson and by the Government of the mandatory Power. A Director of Development was appointed in the following year, and the Arab Executive and the Jewish Agency were each invited to nominate a representative to assist him in an advisory capacity. The Arab Executive declined to accept this invitation unless the Government would agree to their condition that development should not be based on the principles embodied in the Prime Minister’s letter to Dr. Weizmann.
To this day, the Arabs of Palestine, while claiming to negotiate in good fail, have consistently demonstrated that they have no willingness to accept a peace that gives them control of the entire landscape.
Remember --- Article 22 was not written to obligate or promise anything to the Arabs of Palestine. It was an understanding between the parties to the agreement.
Most Respectfully,
R
1. Article 22 applied to the inhabitants of the territory. 95% of whom were either Christians or Muslims. No amount of tap dancing will get you around that fact. It was an understanding that the well-being of the inhabitants was the primary purpose of the mandate. Had the UK not agreed, they would not have signed the Covenant.
2. Transferring a population of Europeans to displace the native inhabitants as colonial settlers, did not promote the well-being of said inhabitants.