The Protection of Minorities Under the Guarantee of the League of Nations

council, declaration, latvian, latvia, government, estonia, resolution and information

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Of the above States, Albania and Finland were alone admitted during the First Assembly, and questions regarding the minorities in these two countries were considered by the Council at several of its meetings.

As early as June 27, 1921, the Council of the League of Nations, after recognizing the sovereignty of Finland over the Aland islands, adopted a resolution regarding the guarantees which Fin land undertook to grant to the population of the Aland islands for the preservation of their language, their culture and their local Swedish traditions. By the terms of this resolution, the Council was to see that the guarantees were duly observed. Finland was to forward to the Council, together with its own observations, any complaints or claims by the Aland landsting on the application of these guarantees, and the Council could consult the Permanent Court of International Justice if the question was of a legal nature. Finland further submitted to the Council a memorandum con veying detailed information as to the rights guaranteed to minor ities in Finland by the constitutional law of that country. The Council noted this information at its meeting of Oct. 2, 1921. At the same meeting the Albanian representative signed a decla ration containing provisions similar to those in the minorities treaties. This declaration was ratified by Albania on Feb. 17, 1922, and placed under the guarantee of the League of Nations.

During the Second Assembly, before the admission of Estonia, Latvia and Lithuania to the League, the representatives of these States signed a declaration by which the Estonian, Latvian and Lithuanian Governments accepted the Assembly resolution of Dec. 15, 192o, and stated their readiness to enter into negotiations with the Council for the purpose of determining the scope and the details of the application of their international obligations for the protection of minorities.

The Council, in Jan. 1922, requested the representative of Brazil to enter into negotiations with the representatives of these States.

On May 12 the representative of Lithuania, M. Sidzikauskas, signed before the Council a declaration containing provisions similar to those in the Polish Minorities Treaty.

Minority questions in Latvia and Estonia have been on the agenda at several meetings of the Council, and the representatives of Estonia and Latvia submitted several memoranda giving the views of their Governments.

At a meeting of the Council on July 7, 1923, the Latvian dele gation made a declaration containing proposals which were ac cepted by the Council and which the Latvian Government sub sequently approved on July 29, 1923.

This declaration brought to an end the negotiations between the Latvian Government and the Council with regard to the protection of minorities in Latvia. The Council, however, retains the right to re-open the question if it considers that the position of minorities in Latvia does not correspond to the general principles embodied in the Minorities treaties. The Latvian Government may also ask that the negotiations be taken up again. The declaration, fur thermore, contains stipulations as to the procedure to be adopted for petitions addressed to the League concerning the position of minorities in Latvia. This procedure is similar to that estab lished by the Council for countries that have signed the minorities treaties. The Latvian Government undertakes in principle to give the Council any information that it may require if a question concerning the position of minorities in Latvia is brought before it by one of its members. In case of differences of opinion on questions of law or fact arising out of the declaration, either the Latvian Government or the Council may request that the differ ence be brought before the Permanent Court of International Justice for an advisory opinion. At its meeting of Sept. 17, 1923, the Council adopted a resolution and accepted proposals contained in a declaration which was enounced by the Estonian repre sentative.

According to this resolution, the Council takes note of the information communicated to it by the Estonian representative in his report of Aug. 28, 1923, concerning the position of racial, linguistic and religious minorities in Estonia. The report states that the protection of minorities in Estonia is at present provided for by the Estonian constitution in a manner conforming to the general principles embodied in the minorities treaties. The Coun cil, however, retains the right to reconsider the position of minor ities in Estonia in case the application of the principles of the minorities treaties as laid down in the recommendation of the League Assembly voted on Dec. 15, 192o, should no longer be suf ficiently safeguarded. For this purpose the Council may ask the Estonian Government to furnish it with any information it may require as to minorities questions that may be brought bef ore it by one of its members. In case of differences of opinion on questions of law or fact arising out of this resolution, recourse may be had to the Permanent Court of International Justice for an advisory opinion.

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