Mandate

mandatory, terms, class, league, covenant, britain and population

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Terms of the Mandates.

The mandates were framed to give expression in detail to the principles embodied in Art. 2 2 of the Covenant (q.v.), and since that article prescribes that their char acter must vary with the varying conditions of each territory, they were divided into three classes to correspond with the three paragraphs of that article.

Class A included the former Turkish vilayets of 'Iraq, Pales tine and Syria, whose independence was to be provisionally rec ognized until they were able to stand alone. The two former were assigned to Great Britain, the latter to France. The man dates for 'Iraq and Syria ended in 1932 and 1936 respectively.

Class B comprises the ex-German central African colonies Togoland, Cameroons, Tanganyika and Ruanda—in which the mandatory is responsible for the administration and undertakes to promote the moral and material welfare of the people. Tan ganyika, and a small part of the Cameroons and Togo fell to Great Britain, the major portions of the two latter being assigned to France, while Belgium became responsible for Ruanda.

Class C territories include those which "can best be adminis tered under the laws of the mandatory as integral portions of its territories, subject to the safeguards in the interests of the indig enous population" which are laid down for Class B. They are south-west Africa, Samoa, New Guinea, the islands north of the equator in the west Pacific and the tiny island of Nauru. For these respectively the Union of South Africa, New Zealand, Australia, Japan and the British empire accepted mandates.

In the case of Nauru, Great Britain, Australia and New Zealand had by agreement in July 1919 (before the issue of the mandate), jointly acquired control of the phosphate deposits, which consti tute the sole value of the island, and they jointly undertook the execution of the mandate. Since, however, the British empire has no single code of laws, the administration was assigned by the two others to Australia for five years.

The "safeguards in the interests of the indigenous population" to which reference is made are : (1) freedom of conscience and religion, subject only to the maintenance of public order and morals; (2) prohibition of abuses such as the arms and liquor traffic and the slave-trade ; and (3) prevention of fortifications, naval and military bases, and the military training of natives ex cept for police and the defence of the territory.

The mandates after acceptance by each mandatory were sub mitted to the Council of the League, which was charged with the duty of seeing that their terms were in accord with the Covenant.

The A class could not be issued until the Treaty of Lausanne came into force (Aug. 1924). Meanwhile an Arab Government had been set up in 'Iraq, and a treaty had been concluded by Great Britain with it. On Sept. 27, 1925, the council formally accepted the undertaking of the mandatory to see that the terms of this treaty (which embodied the obligations of the Covenant) were adhered to, and this undertaking was substituted for the mandate. Pending the issue of the mandate, the territories were adminis tered in accordance with the terms of the Covenant or under provisional mandates. These terms are explicit. The mandate is a "sacred trust of civilization" to be assumed by nations who (inter alia) "by reason of their resources can best undertake this re sponsibility and are willing to accept it." The altruistic nature of this pledge was confirmed in a reply to a German protest. "The Mandatory Powers," said the Allies, "in so far as they may be appointed trustees by the League of Nations, will derive no benefit from such trusteeship." A mandated territory differs from a protectorate in that the protecting Power in the latter obtains rights over the population and against other Powers, whereas a mandatory in its capacity as guardian assumes obligations both toward the population and the League.

League Supervision.

The system, it has been said, differs from such partial precedents as have been cited, in that it attempts to set up machinery by which the proper execution of the mandate may be assured. This consists in the unqualified right of supervi sion vested in the League which imposes upon each mandatory the obligation to submit an annual report on its administration.

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