United Nations - Correspondence Regarding Balfour Agreement I lyrics

No. 1. The Palestine Arab Delegation to the Secretary of State for the Colonies. HOTEL CECIL, London, W.C., February 21st, 1922. Sir, We wish to express our thanks to the Right Honourable the Secretary of State for the Colonies, for his courtesy in allowing us to see the draft of a proposed Palestine Order in Council embodying a scheme of Government for Palestine, and to discuss the same in our capacity of representatives of the Arab People of Palestine. We would, therefore, submit the following observations:— Whilst the position in Palestine is, as it stands to-day, with the British Government holding authority by an occupying force, and using that authority to impose upon the people against their wishes a great immigration of alien Jews, many of them of a Bolshevik revolutionary type, no constitution which would fall short of giving the People of Palestine full control of their own affairs could be acceptable. If the British Government would revise their present policy in Palestine, end the Zionist con-dominium, put a stop to all alien immigration and grant the People of Palestine — who by Right and Experience are the best judges of what is good and bad to their country — Executive and Legislative powers, the terms of a constitution could be discussed in a different atmosphere. If to-day the People of Palestine a**ented to any constitution which fell short of giving them full control of their own affairs they would be in the position of agreeing to an instrument of Government which might, and probably would, be used to smother their national life under a flood of alien immigration. We, therefore, hold that the proposed constitution is wholly unsatisfactory, because:— (a) In the preamble to the Palestine Order in Council "the declaration of November 2nd, 1917, in favour of the establishment in Palestine of a national home for the Jewish People" is made a basis for this Order; the People of Palestine cannot accept this Declaration as a basis for discussion. (b) In Articles 4-9 of the Order dealing with the manner of appointment of the High Commissioner and his powers, Palestine is considered as a colony of the lowest order, whereas according to paragraph 4 of Article 22 of the Covenant of the League of Nations, Palestine comes under Grade A, where "certain communities formerly belonging to the Turkish Empire have reached a stage of development where their existence as independent nations can be provisionally recognised subject to the rendering of administrative advice and a**istance by a Mandatory until such time as they are able to stand alone." (c) The Executive, dealt with in Articles 10-16, is in no way responsible to the Legislative Council. (d) Articles 17-28 dealing with the Legislative Council prescribe that this Council "shall consist of 25 members in addition to the High Commissioner"—"who shall exercise a casting vote, in case of an equality of votes." This brings the total number of votes to 27. Of these, 10 shall be official members holding office under the High Commissioner, and two members shall be nominated by him. Thus the High Commissioner commands 14 out of the 27 votes. Of the 12 elected members there will probably be 10 or 11 that would represent the Arab majority, who would be unable to carry any measure against the official preponderance of votes. It is thus apparent that too much power is given to a High Commissioner whom we will suppose is impartial. But when, as is the case with the present High Commissioner, he is a Zionist, i.e. a member of the organisation which is prompting the flood of alien Jew immigration into Palestine, whose officials as well as those members appointed by him must, naturally, carry out his policy, and when one or two of the 12 elected members will most probably be Zionists, then the Zionist policy of the Government will be carried out under a constitutional guise, whereas at present it is illegal, against the rights and wishes of the people, and maintained by force of arms alone. Article 22 gives the High Commissioner the power at any time to prorogue or dissolve the Council, without the provision that he must call a new Council within a stated time. Article 23 gives the High Commissioner the right to veto any measure pa**ed by the Council. We further submit in this connection that it is not in keeping with the constitutional spirit to place the Head of the Executive at the head of the Legislative and to introduce into this latter, as members, officials of the State. This invariably leads to the Executive becoming arbitrary since it is placed in the position of accused and judge at the same time. We also notice with astonishment that 10 members constitute a quorum. This is less than half the total number of Members, and makes it possible for the 10 official members to carry on the work of legislation should circumstances, for any reason whatever, prevent the other members from being present. In which case the power of the Legislative Council becomes a mere shadow and not a reality. (e) By the provisions of Articles 33, 46 and 67, Palestine is considered as a Crown Colony, and the High Commissioner as the Governor of a Colony or British possession with the rights of confirming sentences of d**h, of deporting any person without trial and without allowing that person the right of appeal against the order for deportation. (f) The recognition of Hebrew as an official language of the State as in Article 80 is another proof of the desire to foster Zionist nationalism in Palestine, when only about 10 per cent, of the present Jewish inhabitants of the country speak that language. This innovation is wholly unwarranted and adds to the expenses of the State, which derives its main revenues from the Arab population. (g) The High Commissioner by Article 81 is given the power to obstruct any appeal to the League of Nations. (h) Lastly, we read in Article 83 that the High Commissioner may, after obtaining the approval of the Secretary of State, vary, annul or add to the provisions of this Order in Council. These powers of the High Commissioner render this Order in Council as if it had not been. For these reasons we find that no useful purpose would be served by discussing in detail the draft of "The Palestine Order in Council, 1922." The Delegation requests that the constitution for Palestine should— (1) Safeguard the civil, political and economic interests of the People. (2) Provide for the creation of a national independent Government in accordance with the spirit of paragraph 4, Article 22, of the Covenant of the League of Nations. (3) Safeguard the legal rights of foreigners. (4) Guarantee religious equality to all peoples. (5) Guarantee the rights of minorities. (6) Guarantee the rights of the Assisting Power. The Delegation is quite confident that the justice of the British Government and its sense of fair play will make it consider the above remarks with a sympathetic mind, since the Delegation's chief object is to lay in Palestine the foundation of a stable Government that would command the respect of the inhabitants and guarantee peace and prosperity to all. The Delegation would request, in conclusion, that the Secretary of State would be good enough to communicate to them his views on their remarks and the next step to be taken in the matter. We have, &c., for THE PALESTINE ARAB DELEGATION, MOUSSA KAZIM EL HUSSEINI, President. SHIBLY JAMAL, Secretary.