renmmunicated to I be Council and th•' Mrmbers of the League.l

Official N o.: C. 619. M. 292. 19::\3. \'1

Grnrvn , NovrmbPr 41 h. 193~.

LEAGUE OF NATIONS

PERMANE 'r' MANDAl'ES C<l'\fM ISSIO

MINUTES

OF THE

TWENTY-FOURTH SESSION

Held at Geneva from October 23rd to November 4th, 1933

including the

REPORT OF THE COMMISSION TO THE COUNCIL

Series of Leaaue of Nations Publications

VI.A. MANDATES

1933 VI.A. 3.

CONTENT. .

LIST OF .\lEMBERS OF THE CO~IM ISSION AND OF TH E ACCREDITED REPRESE~TATI\IES.

FIRST .\I EETlt'G, October 23rd, 1933. at II a.m. :

Opening Speech by the Chairman . . . . . . . . . . . . . . . . . . . . . . . . . . Statement by the Director of the Mandates Section . . . . . . . . . . . . . . . . . . Adoption of the Agenda and Programme of Work . . . . . . . . . . . . . . . . . . . Absence of M. Ruppel . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . rraq : Question of the Examination by the Comm.is:.ion of t ltc L;nitt:tl K ingdom (.;oYt:l'llll lt:lll ·..,

Report on the Administration of Ira9. for the Period January 1s t to October 3rd, 193z . . Procedure to be adoptect in Respect of Petitions . . . . . . . . . . . . . . . . . . .

SECOND MEETING, October 23rd, 1933, at 4 p .m. :

Cameroons under British Mandate: Examination of the Annual Report for 1932 : Welcome to thP. Accredited Representative . . . . . . . . . .. General Statement by the Accredited Representa ti ve. . . . . . . . Native Administration . . . . . . . . . . . . . . . . . . . . Inspection of the Bamenda l>ivision by the Lieutenant-Governor of the Southern

Provinces . . ...................... . ..... . . Applic!ltio.n to the Territory under Mandate of Certain Ord.inanc~ promulgated in

N1gena . .................... ........... . Situation of Women in the Territory . . . . . . . . . . . . . . . . . . Frontier between the Cameroons under British Mandate and the C:~mt>room, unut'r

French Mandate . . . . . . . Public Finance : Taxation . . . . . Customs Duties : Economic Equality Imports and Exports . . . . . . . Economic Situation . . . . . . . . Forest Reserves . . . . . . . . . Establishment of a .l' ishing Industry . Arms and Ammunition J udicial Organisation . . . . . .

THIRD :vfEETING. Octobf'r 24th, 1933. a t 10.30 a.m. :

Cameroons under British Afandate Examination of the Annual Report for 1932 (continuation) :

9

11 [I

12 IZ

12 12

17 17

19 19 20 20 21 21 2 1 21 21

Slavery . . . . 22 Labour . . . . 22 ~fissions . . . . 23 Education . . . 24 Cinematograph . 25 Application of the unde~i rable Adverti:.ement-- Ordinanl:t:. H)J.! . 25 Alcohol and Spirits . . . . . . . . . . . . . . 25 Public Health . . . . . . . . . . . . . . . . 25 Land Tenure . . . . . . . . . . . . . . . . . 26 Application of the Legislation relating to .Marriage . 26 Demographic Statistics . . . . . . . . . . . . 26 Close of the Hearing . . . . . . . . . . . . . . . 27

l r:~q : Procedure to he followed in connection with the Exauunauon ol the l<t>port by th•· .. x-)fandatory Powerfor the Period J anuary to October IQJ2 (cot~lintlfltion). "7

FotRTII ~fEF:TING, October 24th, 1933. a t 3.30 p.m. :

Iraq. Examina tion of t he Report for the Period from J anuary to October 1932 : Welcome to the Accredited Representative . . . . . . . . . . . . . . · · · · · Statement bb the Accredited Representatiw . . . . . . . . . . . · . · · · · · Th B t

. ~ arza!l pera 10ns . . . . . . . . . . . . . · .· · . · ·, · · . :. ·. · .

lnc1dents m connection with tht: Majawit Tribt- anti the h.unh:,h ~urclu I nlw <1l .-\qr.1. The Y azidis . . . . . . . . . . . . . · · · · · · · · · · · · · · · · · · The Assyrian Community The Babai Case. . . . . Public Finance . . . . . . . . . . . . judicial Organisation . . . . . . . . Frontier between Iraq and Trans-J ordan . Education ... .... ...... . liose of the Hearing . . . . . . . . .

Cameroons under French Mandate : Examination of t he Annual Repor t for 1932 : Welcome to the Accredit~ Representativ~. . . . . . · · · · · · · · · · · · · · Statement by the Accredited Representative . . . . . . . · · · · · · · · · · · · Plan for the Codification of Native Customs .... · · · · · · · · · · · ~ativ.e Administration : Question of the Participation of the ~atives in the Adnunistra-

~~~n of the Territory . . . . . . . · · · · · · · · · · · · · · · · · · · Admm1stra tion of the Kirdi::- . . . . . . . . . . . . . . . . . . . . . . . . . .

JO 30 30 31 31 3I 32 33 33 33 33 33

34 34 35

37 37

F <•Utnll :'1-lEE'fiN G (cont i1wa.Hon):

Development of the Native Populations : Role of the Missions . . . . . . . Relations between the Dualas and the Administration : Manga l.3dl Petitiun . Economic Equality. . . . . . . . . . . . . . . . . . . . . . . . .

FIFTH MEETING, October zsth, 1933. at 10.15 a .m. : Cameroons under French Mandate : Examination of the Annual Report for 1932

(continuation) : Economic Equality (continuation) . . . . . . . Assistance to Children of Famine-stricken Kirdi Tribes. Public Finance Exports ...... .. . . Fisheries . . . . . . . . . Cattle . . . . . . . . . Judicial Organisation : Prison~ Slave Trade . . . . . . . . Defence of the Territory Arms and Ammunition . . . Relations between the Administration and the Nalive Populatiuns Status of Women: Marriage : Polygamy Labour .. .... . Freedom of Conscience Education .... Cinematograph Alcohol and Spirits Public Health . . Land Tenure . . . Mines ..... . Demographic Statistics Close of the Hearing. .

SIXTH MEETING, October zsth, 1933. at 4 p.m. :

Palestine : Petition, dated May 25th, 1933. from the General Secretary of the Arab Independence Party, J erusalem: Appointment of a Rapporteur . . . . . . . . . . . -16

Togoland under British Mandate: Examination of the Annual. Report for 1932 : Welcome to the Accredited Representative. . . . . . 47 Opening Observations by the Accredited Representative . . . . . . . . . 47 Status of the Territory . . . . . . . . . . . . . . . . . . . . . . . 47 Administrative Re-organisation of the Territory . . . . . . . . . . . . . 47 Application in the Territory under Mandate of Legisla tion promulgated iu the Gold

Coast and Ashanti, and Northern Territories 4S Judicial Organisation . . . . . . . . . . 4& Concessions . . . . . . . . 49 Public Finance . . . . . . . . . . . . . 49 Trade: Development of Transpon by Road. 49 Cattle. . . . . . . . . . . . 50 Arms and Ammunition . . . . 50 Moral Conditions of the Na ti \'C::>. 50 Cinematograph 50 Labour . . . . . 50 Education . . . . 51 Alcohol and Spirits 51 Public Health . . 51 Petitions . . . . 5! Close of the Hearing 52

SEvENTH MEETT~G, October 26th, 1933, a t ro.rs a .m. :

Togoland under French Mandate: Examination of the Annual Report for 1932: General Statement by the Accredited Representative . . . . . . . . Petitions concerning Lome Incidents : Question of the Origin of Petitions Economic Equality. . . . . . . . . . . . . . . Customs Relations bet ween Togoland and Dalwn~ey . Native Reprisals . . . Public Finance. . . . . Imports and Export::. . . Judicial Organisation . . Smuggling of Gunpowder Polygamy ... . Labour .. .. . Education . . . . Alcohol and Spirits Public Health . . Land Tenure ... Cinematograph . . . Demographic Statistics . . Petition emanating from the Ch.itf and inhabitants of \\'oame . Close of the Hearing. . . . . . . . . . . . . . . . . . .

jl

52 55 55 55 55 -(I

~6 j 6

51 5i 5i 5s 58 -8 ~8 ) , j li

59 59

5

EIGHTH ~fEETING, October 27th, 1933, at 10.15 a.m. :

5..,,.ia and the Lebanon : Procedure to be followed in examining the Annual Report for 1932 : · Petitions . . . . . . . . . . . . . . . . . - . . . . . . . . . . _ . _ _ _

Svria and the Lebanon :Examination of the Annual Report for 1932 : · Welcome to t he Accredited Representative : Procedure to be followed in E-xamining thr

Annual Report (continuation) . . . . . . _ . . . _ _ . . . . . _ . . .. Statement by the Accredited Representative . . . . . . . . . . . . . . . _ . . . Political Situation, and Attitude of the Political Parties towards the Political

Development of t he Territory : Development of the Administrative Sub-Divisiono::. of the Territory . . . . . . . . _ _ _ _ _ _ . . _ . _ . . . . . . _ _ _ .

~~~TH )JEETING. October 27th, 1933, at 4-45 p.m. :

Syria and the Lebanon : Examination of the Annual Report for IQ32 (cMtin1tation) :

Petitions . . . . . . . . . . . - - . . . . . . . . . . . . . . . . . . . . . Petitions, in Five Series (Twenty-two in all) . no·latin~ to the Politiral Orga ni~ation of

Syria and the Lebanon . . . . . . _ _ _ _ . . . . _ . . . . . . . . . . . Petition, dated June 28th. IQJ;\. from the " Association des etudiants arabes dE>

Geneve " . . . . . . . . . . . . . . . . . . . . . . . . . . . . . _ . . Petition (undated) from Mme. Amine el Halabi . . . . . . . . . . . . . . . . . .· Petition, dated September 1st, 1933, from Mme. Hasiba Mahomet el Mousri . . . ... Petitions : (a) Dated May 2oth and July 31st, 1933, from the " Association syrienne de

Toulouse "; (b) Dated February uth, 1933, from M. Sami Sleem; (c) Dated May 14th, 1933, from l\1 . Mahmoud Wehbe, Editor of the Newspaper m lttihad

Six Petiti~ns, dated Jan~ary 30th and 31St and February Jrd and sth. IQJJ. from Inhabitants of Latakia, Horns, Hama and Aleppo .

Clol:.e ofthe Hearing . . . . . . . . . . . . . . . .

TE~TR )! F.J-:TI!\'G, October 28th, 1933, at II a.m .:

Page

59

6o 6I

62

6& 68

Iraq: Observations of the Commission. . . . . . . . . . . . . . . . . . . . . . . . 6 Pr()('edurc to be followed in respect of Petition.; (cnnfi,wntirm) : Formula propmt>d hv the

Sub-Committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . oq Petitions rejected in accordance with Article 3 of the Rules of Procedure concerning

Petitions : Report by the Chairman. . . . . . - - - - - . . . . . . . . . . - . . . . . 70

CamProons under French Mandate : Petition, dated August uth, 1929, from Ngaka Akwa. Theodore Lobe Bell, and Other Chiefs of Duala. and Petition. dated September 5th. IQJO, ... igned by M. l\fanga Bell (continuatioJ£) . . . . . . . . . . . . . - . . . . . . 70

ELHE:\TII )lEETJNG, October zgth, 1933. at 10.30 a.m. :

tslands under J apanese .Mandate : Petitions, dated September 3rd, I9JI. anrl Annl 2Rth . 1932, from .M. I<ashichiro ~lasakiyo, acting on behalf on M. Wan Cabtera . . . . . . . 70

South Wcsl Africa: Petition<;, rl<lt(·d Marrh sth ilnd June 8th. H)"B. from )1. \\' . Eichhnff, Okamalan~ara . . . . . . . . . . . . . . . . . . . . . . . . 70

South Wc:.l Afnca: Petition, dated April 24th, 1933. from M. A. Bergmann . . . . . . . . 70 . outh \\'est Africa: Petitions, dated March 2Qth and April :;th. 1933. from Certain Members

of the Rehoboth Communi tv . . . . . . . . - . . . . . . 70 Togoland under Britis h Mandate: Observations of the Commission. 70 Cameroons undt' r British Mandate: Observations of the Commission 70

TWELFTH MEETIXG, October 30th, 1933, at t O.JO a.m. :

Huanda-Urundi: Examination of the Annual Report for 1932 :

\\'elcome to the Accredited Representati\'e. . . - - . . - . . . . · · · · · · · · Dt"limitation and Re-grouping of Territorial Districts : Deposition of Chiefs and Sub·

Chiefs and Policy adopted by the )landatorv Power in replacing them . - . . .. · .\ctivities of the Formt'r Mwam1 Musinga and Development of the Sultanate under Ius

Successor . . . . . . . . . . - - · - - - · - - · · Powers and Duties of the Commissioner-General. . . . . . - · · Terminology eml?loyed to designate Laws and Administrative Acts. Convention relating to the Eastern Frontier of the Territory . . . Frontier Tribunals . . . . - . . · · - · · · - · · Economic Equality . . . . . . . - - - · · · · · · Reg:ula tion of Fishery ConC('ssions . . . . . . . · · · Agncultural Development . . . . . . . . - · · - · -Measures taken by the Administration to prevent Famine . Public Finance. . . . . . . . . . . . . . . . . . .

THIRTEF~Tll )IF.ETINC, Octobcr 30th, lQ33· a t 4 p.m. :

Huan<la-Crundi · Examin.1tion of the Annual Report for I9JZ (co11fwualio11) :

l~uhhc Finance (co11iin1tation ) ( tL...,Loms Union . . . . . . . . . . . . . . . . Agriculture ( collfinflaii<m) : Pac;tura~e. . . - . · · · · · · · · · · Forestry . . . . . . . . . _ . _ _ . . . . . . . . \leal>ur<'!' takcm by tht• Arlnuni<.tration to prevent Famine {coniinuatiun)

70

71

74 75 75 75 76 76 77 77 77 77

79 81 81 82 82

·- 6-

THIRTEF.:~TH MEETING (continua/ion) :

Cattle . . . . . . . . . . Mines ... .. ..... . Imports .. ... .... . Judicial Organisation: Prisons . . . . . . . . . . Ordinance regulating the Use of Explosives in Fishing Police. . . . . . . . . Defence of the Territory . Labour ..... Unemployment . Native Industries Cinematograph . . Education .... Alcohol and Spirits : Drugs Public Health . . . Land Tenure. . . . Close of the Hearing

l'OURTEENTH MEETING, October 31st, 1933. at 10.30 a.m. :

Islands under Japanese Mandate: Examination of the Annual Report for 1932: Welcome to the Accredited Representative .. Number of Inhabited and Uninhabited Islands Powers and Influence of the Chiefs . . . . . Public Finance . . . . . . . . . . . . . Exports and Imports . . . . . . . . . . . Introduction of the Sugar Cane in Rota Island Judicial Organisation . . . . . . . . . . Cinematograph. . . . . . . . . . . . . . Public Health . . . . . . . . . . . . . . . Iiwestigation into Native Manners and Customs. . . . Decrease in the Native Population :Japanese Immigration and Influence Labour .. ... 'Missions . . . . . . . . . Education. . . .. .. . Alcohol and Spirits . . . . . Public Health (continuation) . . . . . . . Organisation of the Port of Saipan and Other Ports Close oft he Hearing. . . . . . . . . . . . . .

FIFTEENTH MEETING, November rs t, 193~, at 10.30 a.m. :

Western Samoa: Examination of the Annual Report for 1932-33 : Welcome to the Accredited Representative . Statement by the Accredited Representative . . . . . . . Status oftbe Territory . . . . . . . . . . . . . . Status of the Inhabitants . . . . . . . . . . . . . . . Relations between the Natives and the Administration : Activities of the Mau Activities of the Legislative CounciJ and of the Fono of Faipules and Relations between

them ............ . .. ... ... . Recruitment of Administrative Staff . . . . . . . . . . Samoa Importation and Exportation of Coinage Order, 1Q32 Public Finance. . . Direct Taxation . . . Exports . ..... . Judicial Organisation . Arms and Ammunition

SIXTEENTH MEETING, November rst, 1933, at 3·45 p.m. :

Western Samoa: Examination of the Annual Report for 1932-33 (contimuuion) : Form of the Annual Report Cinematograph Vagrancy .... . Labour .... . . Education .... . Economic Situation. Alcohol and Spirits . Public Health . . . Land Tenure. . Demographic Statistics Close of the Hearing. .

Togoland and Cameroon,: under. French Mandate: Ob~l·rvations of the Commission .

~E\"1-:::\'fEEKTH}IlEETIN<~. November znrl , 1933. at 10.30 a.m.:

Syri<t and; the Lebanon: Special Obser\'ations of the Commis~ion . . . . .. Ruand;t -Cnmdi: Obsen·ations of the Commission. Svri a :mel the Lebanon Petition . elated February rJtlt, 1q_i.) . from .\i. Sami Slel'111

· ( co llft'1111atiou ) . . . . . . . . . . . . . . . •.

88 88 88 89 &) 90 90 90 90 9T 9T 93 93 93 94 9~ 95 95

95 95 9i 9i 98

99 99 99

roo roo roo roo IOI

!01 lOI

101 !Ol

!02 !02 ro: rot IO.! IO)

!03 104

10~

f(l~

!0~

EIGHTEENTH MEETING, November 2nd, 1933, at 4 p.m. :

Togoland under Britis h Mandate: Petition, dated April 4th, 1933. emanating from the Chief and Inhabitants of Woame (continuation) . . . . . . . . . . . . . . . . . .

Svria and th_e Lebanon : Peti~,ons, d~ted ~ay zotit. allll July 31st, I9JJ, front th~: .. A::.:.octa­. tion synenne de Toulouse (cont.nuat•on) . . . . . . . . . . . . . . . . . . ..

~yria and the Lebanon : Pe!itio~. dated ~fay _r4th, 1933, from ~I Malua1oud v\'dtl>t-, · Edi tor oft he Newspaper E/ llhhad ( contmuatton) . . . . . . . . . . . . . . . . yria and the Lebanon : Petition, dated September rs t , 1933, (rom i\lme. Hasiba ~ahomt>t

el ;\1ousri ( continttation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . Togoland under French Mandate : Petitions concerning the 1 ncidents which occurrt:d <~l

Lome, January 1933}:

(I ) Petitions from M. Sosuvi, Gold Coast : (a) dated February 5th, 1933; ( b) dated February 13th, 1933 ;

(z) Petition, dated August rsth, 1933, from the " Bund der Deutsch Togolander .. .

Syria and the Lebanon : Petition, dated J une z8th, 1933, from the Pre~ident of the " Association des etudiants arabes de Geneve" (co ntinuation) . . . . . . . . .

Palestine and Trans-J ordan : Petition, dated May 25th, 1933, from M. Auni AIJJul Hatli , Secre tary-General of the Arab Independence Party ( cotttimtation) . . . . . . . . . .

Palestine and Trans-J ordan : Pe tition, dated May 18th, 1933, from M. D. Warwar. Pn:::;iJeHL of the" Sociedad palestino-arabe de Cuba". . . . . . . . .

Islands under J apanese .Mandate: Observations of tht Cvnnni&.iou.

:\!~EiEENTH MEETING, 1 ovember J rd, 1933, at 10.30 a.m . :

1-'.o ge

T04

105

I05

ro:;

I05 10.)

Svria and the Lebanon : P(' titions, in Five Series (Twenty-two in all).'rela ting to I he Political · Organisation of Syria and the Lebanon ( continuatiotJ) . . . . . • . . . . . . . . ros

S\·ria and the Lebanon : Observations of the Commission ( co11ii mulii1m). . . . . . . . . 107 S\Tia and the Lebanon : Petition (undated) from Mme. Amine el Halabi (,;u llt imm!11m) . . I08 S\Tia and the Lebanon : Six Petition~. dated January JOth and JISt, February 3rJ cllld

. 5th, 1933, from I nhabita nts of Latakia, Horns, Hama and Aleppo (conlimtation) . . . 10~ \\·e~tem Samoa : Observa tions of t he Commission . . . . . . . . . . . . . . . ro ·

TwFniETH ~1F.ETI NG, November 4th . 1933. a t 11 a .m .:

Examination of t he:Draft Repor t to the Council . . . . . . . . . . . . . . . . . . . . xo8 .\d0ption of the Lis t of Annexes to the ~{inutes of lhe ~sion . . . . . . . . . . . . . xo8 Repr<'sentation of the Mandates Commission at the Council . . . . . . . . . . . 108 Date of t he Publication of the Report and of t he l\fjnutes of l ltt: fwcnly-founh ::>c::.::.iou uf Lltt·

Commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 o8 Petitions rejected wHlcr ATLiclc 3 of LUe l{ule:. of Pruct:d urc in r~;gard to .Pctl llult-- :

Supplementary Report by the Chairman . w 8 Date of the Next Session . . . • . . . . . . . 108 Close of the Session . . . . . . . . . . . ro8

LI ST OF A:--lNEXE .

1. T.i-.t of Documents· forwarded to the Secre tariat by the Mandatory Power-. -.incc the La~r Examination of the Reports relating to the Following Territories : A. Iraq . . . . . ...... . B. Syria anJ lhe Lebanon . . . . C. Cameroons under British .M.mddlt! . D. Cameroons under French Mandate . E. Ruanda-Urundi . . . . . . . F. Togoland under Britil>ll 1\landatt. G. Togoland under French Mandate H. Islands under Japanese Mandate I. Western Samoa . . . . . . . .

2 · .\gcnJa of t he Twen ty-four th Session of t he Permanent Manda tes Commission .

3. Pc titiom, rejected under Articl t- 3 of the Rules of Procedure in regard to Petition:; :

Heport by t h<' Chairman . . . . . . . . . . . . . . . . . . .

1· Procedure in regard to Peti tiom, : Not<) by the Chairtnan . . . . . . . . . . . . . · · · · · · · · · · · · ·

). ~yria and the Lebanon : Pcuuon::., u..LleJ ~lay 20th and July JISt. 19.B· from the .. A~:.o­ciation syriennc de Toulouse " : Hf'port by Count de Penha Garcia .

h. ~}Tia and the Lebanon : T wl'nty-two l'etiUUll3 , .• t b. ~ ~.11 .. :.) lt:odl llog •V lh ... I ... ull D\:, clopmt·nt of t h t• ~landaw for Syria : Report by ~1 Rappard . . . . . . . . . . . . . . . . . . . . . . ...

rog 109 109 IIO IIO IIO TIO n o Il l

IT2

l l J

114

Ilb

7·

R.

q.

I O.

IJ.

12.

-8-

Syria and the Lebanon : Six Petitions, dated January 30th and 31st, February 3rd and 5th 1933, from Inhabitants of Latakia, Horns, Hama and Aleppo : ' Report by M . Orts . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Syria and the Lel.lanon : Petition, dated June 28th, 1933. from the ·· Association des Etu­diants arabes de Geneve " : Report by M. Rappard

Syria and the Lebanon : Petition, dated February nth, 1933, from )[. Sami Sleem : Report by Count de Penba Garcia . . . . . . . . . . . . . . . . . . . .

'yria and the Lebanon : Petition (undated) from Mme. Amine el Halabi : Report by M. Palacios . . . . . . . . . . . . . . . . . . . .

Syria and th~ Lebanon : Petition, dated September 1st, 1933. from Mme. Hasiba Mahomet el Mousn : Report by M. Palacios . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Cameroons under French Mandate : Petition, dated August nth, 1929, from Ngaka Akwa ~hrodore Lobe Bell and Other Chiefs of Duala, and Petition, dated September 5th, 1930: s1gned by M. Manga Bell : Report by M. Rap pard . . . . . . . . . . . . . . . . . . . . . . . . . . .

120

121

121

12!

13. Togoland under French Mandate : Petitions concerning the Incidents at Lome, J anuary 1933: ( a) Text of the Petition, dated Febmary 13th, 1933, from M. Sosuvi, Uenu . Gold Coast 12! (b) Observations from the French Government, dated July roth, 1933 . . . . . . 113 (c) Text of the Petition, dated August 15th, 1933, from the .. Bund der Deutsch Togo-

Hinder ",communicating the Text of a Telegram dated February 8th, 1933 . 12

( d) Observations from the French Government, dated October nth, 1933 . . . . 118 (r) Report by l\1. Orts . . . . . . . . . . . . . . . . . . . . . . . I!

q . Islands under J apanese Mandate: Petitions, dated September 3rd, 1931, and April 28th, 1932, from i\1 . Kashichiro Masakiyo, acting forM . Wan Cablera : H.eport by M. Van Rees . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110

15. South West Africa: Petitions, dated March 5th and June 8th, 1933, from M. W. Eichhoff : Report by Lord Lugard . . . . . . . . . . . . . . . . . . . . . . . . . . 130

16. . outh West Africa: Petition, dated :April 24th, 1933, from .M . A. Bergmann : Report by Lord Lugard . . . . . . . . . . . . . . . . . . . . . lj!

17. I. Heport to the Council on the Work of the Twenty-fourth Session of the Pennanent Mandates Commission . . . . . . . . . . . . . . . . . . . . . . . . . 131

11 . Comments of the Accredited Representatives . . . . . . . . . . . . . . . . . . qo

PERMANENT MANDATES COMMISSION

MINUTES OF THE TWENTY-FOURTH SESSION H eld at Geneva from October 23rd to November 4th, 19.3.3.

The following members of t he Commission took part in t he work of t he twenty-fourth session :

~1 arquis T HEODOLI (Chairman) ; ~f. VAN REES ( Vice-Chairman ) ·

Mlle. l) ANNEVIG ;

l ore\ LUGARD ;

~L ~fERLlN ; .\L ORTS; )1. PALACIOS ; Count DE P E!'HA GA RCIA ; )[, RAPPARD ;

~1. 5AKENOBE.

,.\)c;o present : ~l r. C. W . H . WEA\'ER, Representative o f the International Labour Organio::at ion .

ecrelary: \1. V. CATASTINI, Directo r of the ~landates Section.

)£. Ruppel wa · not present at t he _ession. The followin~ members were unable to attend certain meetings: ~ . Merlin , the e leventh meeting; M. P alacios, the fi rst two meetings; Co unt de Penha Garcia, the eleventh meeting; ~f . Rappard, the firs t meeting ; Marquis Thcodoli , part of the fo urth and the eleventh a nd twelfth meetings.

In the absence of t he Marquis Theodoli , M. VAN REES (Vice-Chairman) acted as Chairman during part of t he fourth and d uring t he eleventh a nd twelfth meet in gs.

The following accredited representat ives attended certain meet ings o ( the Commission :

Captain Vyvyan H oLT, Oriental Secretary to th e United Kingdom Embassy, Bagdad ; :\f. R. DE CAIX, former Secretary-General of the High Commissariat o f the French Republic

in Syria and t he Lebano n ; ~I. M. BESSON, Chief o f the Firs t Bureau of the Polit ical Department at the French

~1inistry of t he Colonies ; Captain W . BuCHANAN-. MITH, C.M.G., M.C., Lieutenant-Governor , 'outhern Provinces,

Nigeria; ~Ir. A. \V. CARDINALL, latE' District Commissioner, Gold Coa t ;

~L HALEWYCK DE H EUSCH, Director-General a t the Belgia n ~lini try of the Coloni~ · ; ir Thoma Ma o n WILFORD, K .C.M.G., K .C., High Commi:-~ioner of New Zealand in

London;

)1. ~. ITo, Deputy Director o f the J apanese Bureau accredited to the League of Nations.

All the meetings o f t he Com m ission , with the exception of part o f the first . were private.

- II -

FI RST MEETING.

Held fm Monday. October 23rd. 1933. at It a.m.

Opening Speech by the Chairman.

The CHAIRMAN spoke a :. follows :

1 have the honour to declare the twenty-fourth session of the Permanen t Mandates Commission open.

Before proposing that we proceed to the agenda, I should like to refer briefly to the recent deliberations and decisions of the Council and Assembly on t he subject of mandat es.

On ~eptember 28th, I933, the Council co~si~ered the report on t ~e work of t he twenty­third sesqton of t he Permanent Mandates Commtsston. In accordance with the decision reached last June, M. Rapp ard kindly undertook to represent the Commission at the Council's meet ing. and for this I desire sincerely to thank him.

You will a ll doubtless have read the Minutes of that meeting, which contain a detailed report by the representative of Czechoslovakia, acting as Rapporteur, and a record of the discussion to which it gave rise.

I will merely observe that t he Council, after noting certain observations by some of its members on the subject of the scheme for closer union between Tanganyika and the adjacent British possessions, and on cognate questions, as also on Syrian legislation dealing with rights of succession, adopted the draft resolution submitted by the Rapporteur. In so doing, the Council endorsed t he conclusions of the Mandates Commission with regard t o the use of the cinematograph in view of the diversi ty of mentalities and civilisations, and with regard to the tables of bilatera l conventions applied to territories under mandate ; it decided to publish the document conta ining the revised edition of the statistical tables of t he trade, public finances and population ot the mandated territories. The Council also directed the attention of the mandatory Power concerned to the considerations set forth in the opinion of the Commission on the question of a closer administ rative, Customs and fiscal union of Tanganyika territory with the neighbouring possessions of Kenya and Uganda, and asked that P ower t o accede to rhe Commission's request for information on the subject.

Further, the Secret ary-General was requested to communicate to the Government:; of the mandatory P owers concerned the Commission 's observations on the annual reports, and to ask those Governments to take such action as the Commission desired. The conclusions formulated by t he Commission regarding the petitions examined by it received the Council's approval.

A few days later, the Sixth Committee ot the Assembly devoted one of its meetingo;, as usual , to questions relating to mandates. On t his occasion, the questions of closer union , the purchase of material by t he mandatory Powers, the frontier between I raq and Syria, and the Jewish National Home in Palestine were successively discussed . On October 7th, 1933, a resolution wac; passed by the Assembly in plenary session. In t his resolutiou the Assembly took note of the work accomplished by t he mandatory P owers, the Council and the Permanent jfandates Commission . I t also renewed its expression of confidence in the Commi.ssion, and expressed its appreciation of the result s secured and its hope t hat the native populatiOns of the mandated territories might to t he utmost p ossible extent be spared the consequences of t he economic depression.

Statemen t by the Director of the Mandates Section.

~1. C.H ASTIN I made the following statement :

The Mandates Section has pursued its work under normal condit ion since the last seso;ion nf the Commission.

The :\Iinutes and the Commission's repor t on its twenty-third session, whi.ch closed on J~ly rst. 1933, were p ublish ed and distributed on August 18th, I 933 · The tndex to the \!mutes was distributed on September 3rd, I933·

The ~Iandates Section has, as usual, arranged for the s upply of documents ~o the mel?~ers of the ~ommission, and has kept t hem informed of important develop~1ents .m the J;>Olttlcal, economtc and <>ocial life of the mandated territories. Account s of the d1scuss1ons wh1ch have tak~n. place 0 11 the subject of ma ndates in t he Council or in the Assembly have been sent to the ••Hhvtclua l members of the Commission. u .. \list of official documents (Annex 1) submitted by the .ma':ldatory Po~e.rs ha~ been dra~n i Jlin .accordance with the usual practice for each of the ter~tton~s the a~mt.mstrah.on of ~h1ch !\ ll> come under review during the present session . The hst Wlll be chstnbuted tmmedtately 10 t~e members of the Commission.

f he annual reports of t he mandatory P owers reached t he Secretariat in t he following urder :

l'··rntun

I.-land:. under j apanese mandate Western Samoa . . . . . . . . Rnanda-Urundi ..

.\dm inistrati ' e pennd

1932 I932-33

1932

lhtl· ,,f rcceqH

August 9th, 1933 August 23rd , 1933 September 5th, I933

Territory

Togo under French mandate Cameroons under French mandate .. Togo under British mandate .. Cameroons under British mandate . . Iraq

!2 -

. .\dministrath•t· period

1932 1932 I932 I932

January-October 1932

U.•t <' n! receip t

September nth, 1933 September nth, 1933 September 27th, 1933 October 2nd, 1933 October 2nd, 1933

Members of the Commission will remember that the consideration of the annual repor·, on ~fog<? and the Cameroons under ~rench mandate, which would ordinarily have come und~~ revtew 111 the course of the last sesswn, was postponed to the present session as the result of a n agreement reached between t he Chairman and the French Government. ·

In accordance with the decision taken by the Council on the recommendation of the Commission , th~ ~ecretariat. has p_u?lished and distribut.ed to Members of t~e League the document contauung the rev1sed ed1t10n of the tables relatmg to t he trade, pubhc financec; and vital statist ic<; of the populations ot mandated territoriec;.

Adop tion of the Agenda a nd Programme of Work.

The Commission approved its at;enda (Annex 2) a1td programme of work.

A bsenct! of 1\I. Ruppel.

The CHAIRMAN read the following letter from M. Ruppel. dated October 2oth , 1933. [Tramlntion. ]

" To my great regret , I have the honour to state t hat 1 cannot take part in the work of the session of the Mandates Commission which openc; next Monday.

(Signed) RuPPEL. ..

Under the ·e c ircumc;tances, the Chairman said that he would put to the accredited repre entative t he quest ions it was M. Ruppel's usual duty to ask. I n addition , the Com mi sion mu t consider a fresh dic;tribution of t he petition among its members.

Question of the Examination by the Commission of the U nited Kingdom Government's Report on the Administration of Ira q for the Period J anuary lst to October 3rd, 1932.

The CHAmMAN recalled that the Commission had considered whether it should rliscus~ the United Kingdom Government's report on Iraq, and in what manner it would proceed to this discu!'sion. In consequence, he asked for his colleagues ' views on the subject. He add ed that Captain Holt , Secretary to the United Kingdom Embassy at Bagdad, had already h een appoin ted accredited representative of the United Kingdom Government .

:\1. VAN REeS thought the usual procedure should not be applied and t hat the member~ of the Commission should be given entire liberty to put to Mr. Holt any questions which they thought fit.

Procedure to b e adop ted in respect of Petitions.

The CHAIKMAN opened the discussion on his note concerning the procedure in respert of petitions (Annex 4).

;\1. 0RTS said he was one of those who had asked tor an extension of powers under which the Cha irman would be entitled to exclude certain petitions. The reason was that too often the Commission received petitions which , when their purpose was not , for local political ~eason,. to attract a ttention to inc idents of no real importance, were nothing but personal adver!tsement t\r were futile in character. :\f. Orts referred , in pat ticular, to petitions from inhab1tants of the territories under mandate, with regard to which the Chairman had at present no powers whatever. To prepare a report on some of these petitions, to discuss them in meetings and tnent ion them in the reports to the Council, was to give them undeserved importance and puhlicity . M. Orts was therefore of opinion that the Chairman's powers should be extend~d so that he could, so to speak, stop petitions of this kind, a right wh ich he a lready possessed 111 the case of petitions from persons who were not inhabitants of t he territories under ma~date. He hoped that the Commission would consider the possibili ty of attaining this result wtthont it being necessary to change the rules drawn up by the Council on January 31st, 1923.

Count DE PENHA GARCIA, while appreciating M. Orts' point of view, preferred the propo~a} put forward by the Chairman in his note. It was not without reason that the n~les .0

procedure in this matter drew a definite distinction between petitioners living in the rernton~~ under mandate a nd others. It was comprehensible that , as far as the latter were concernet. the Chairman hould have the right to exclude their petitions; but the matte~ was much 0:11~~ complicated in the case of petitions from inhabitants of the territories, espenalJy as the n7be of petition wa a satety-valve which guaranteed th:lt , if the exercise of the mandate b)~ ht mandatory Power was not quite satisfactory, there would always be a means, howeyer shgh ; of avoiding malprac tice-. It was t herefore necessary to be cautious. There was no doubt t a

-13-

aU the members of the Commission had confidence in their Chairman, but was there not a danger that the new procedure propos~d would produc~ a bad impression on public opinion ?

The method suggeste? by the Cha~man ~o~d satisfy Count de Penha Garcia, since it would involve no change Jn the regulahono;, whJJe 1t would enable delays and useless d iscussions to be avoided.

:\J. VAN REES said that, for . t he reasons ~uc;t given by Count de Penha Garcia, he was defin itely ~ppose? to any chang.e m the regulatiOns. Moreover, M. Orts':- ptoposal could easily be harmontsed w1th the regulatiOns. There was no reason why the Chai t man should not - he would not say reject:-but propose to rej.ec~ the petition-; in quest~on. In this way, trivial petitions would be reJected by the Comrrusc;~on and not by the Chanman in accordance with Rule 5 of the Rules of Procedure, so that 1t would be unnecessary to make any change in those rules. The procedure would therefore be as follows : after examining petitions received from inhabitants of the ma~dated t.erritories, .as well as the accompanying observations of the mandatory Power, t he Chatrman, tf he constdered t hat some of them we: e trivial or futile and for that reason did not merit being brought to the attention of the Council would propose that the Commission should reject them and the latter would take a decision.'

Lord LUGARD pointed out that, hitherto, the petit ions rejected by the Chairman had never been distributed to the members of the Commission. The proposal of M. Orts and M. Van Ree::. would imply that petitions from persons residing in the territory which the Chairman proposed to d isallow woul~ be distri~uted, and members would have to read them in order to ~ay whether t hey agreed wttb th~ Chauman or not. In effect, there would be no real difference from the present procedure, in which the Rapporteur could propose that the petition should be rejected, and the Commission was asked whether it agreed with his proposal. Lord Lugard thought a d istinction sh ould be drawn between petitions which were inadmissible because the complaint was just iciable by the local courts, or because they conflicted with the mandate, and petitions which sh ould be rejected because they were trivial or futile . If the Chairman rejected petitions from inhabitants of t he territory as being definitely inadmissible for the former reasons, the members of the Commission had no need to see them and it was unnecessary to transmit them to i t. If, on the other band, the Chairman thought no action should be taken on the petitions because, in his opinion, they were futile , Lord Lugard thought that the members should have an opportunity of saying that they agreed with the Chairman . Otherwise, it might be thought that the right of petition was being curta iled .

~I. ORTS asked, then, that the Chairman should be authorised to act in the same way in respect of petitions from persons not living in the territory, since many of these petitions also were fut ile and without any foundation . If no means were provided for excluding them, they engendered, as had already happened in some cases, voluminous documentation, references in the Minutes, etc., while in many cases they came from people who were endeavouring to make themselves conspicuous for political or o ther reasons.

Lord LUGARD gave an example of what he meant by " futile " petitions : he would regard as futile a petition which repeated the substance of a petition already examined by the Commission and which added nothing new. Such cases were of frequent occurrence . He would suggest that no report should be made on a petition regarded by the Chairman as futile or trivial, but t hat it should be merely circulated for t he concurrence of the members, and listed as " rejected ".

:\1. MERLIN associated himselt with M. Orts' last proposal. The Mandates Commic;::ion, and a fortiori the Council, should not give undue publicity to futile petitions which always made a :>tir somewhere or other and which, from the mere fact of having been examined by the Commission , acquired unmerited importance and gave t heir authors an entirely unjustified authority.

~n th.e other hand , the considerat ions put forward by Count de . Penha. Garcia dese.rved c~n~tderat •on. Changes in the procedure already adopted should, ·~ P?S~tble, be avo1ded. \\ h1le a?hering to the Chairman's proposal, M. Merlin suggested changmg ~~ •.n <;uch a w~y that the C"hatrman would, as it were, be the permanent Rapporteur for such petttlon . Obvwusly, any member who thought a cert a in petition s hould not be excluded could make a proposal to that effect.

CoUJ~t DE PENHA GARCIA still thought that t he Chai~man's prop~lsa l was th.e .best c;uited to the obJect which the Commission had in view. In parhcular, thf' nghts of petttwn~rs. must be safeguarded, and it was therefore well to continue to appoint a membe•: of the Comm•sswn as ~appo.rt~ur, who , if he found that the petition which he had to examtne should be deemed Jna.dmtsstble, would propose its exclusion.

~1. ~1ERLIN thought t hat for matters of this kind, the obvious permanent Rapporteur ~·ould .b~ the Cha irman, sine~ be possessed more authori.ty than the other. mem~ero; of the omm~ss~on . There was no danger that a petit~on which des~rved cons1der~t10n by th~

Comm.tsston would be excluded, since, in any case, 1f a member wts~ed to dra~ hts colleagues attenhon to any petition, he was still at liber ty to do so. Once agam, the Chatrman alone had complete competence in this matter.

in ~111~. DANNEVIG said t hat, whatever solution was adopted, the only matter ~f i.mportance he.r vtew was that it was the right and the duty of the members of the Comrruss1on to take

chogmsance of such petitions. The Commission must not exclude them without having seen t em.

- 14 -

M. VAN REES proposed that the Secretariat, taking into account the present discuss should prepare on the basis thereof a new mode of procedure to be embodied in two or thon , very short articles which t he Commission might discuss later. ree

Count DE PENHA GARCIA repeated that the Chairman's note was perfectly clear and emir 1 satisfied him. r n his opinion, it was not advisable that the Chairman should act as" perman: Y Rapporteur ", since a member of the Commission might sometimes not agree with h~t conclusions and it would create a bad effect if the Chairman's authority were often chalienge~ The best course was therefore merely to adopt the proposal which the Chairman had rnade · · his note, since it did not raise the question of his authority. Proposals for the rejection ~~ pet itions must come from a member of the Commission and not from the Chairman.

The CHAI RMAN proposed to appoint a sub-committee to study the questio11 and draw up a very short text which would be submitted to the Commission for consideration.

The Sub-Committee was composed as follows: :\{.VAN REES, M. PALACIOS and M. RAPPARD.

SECOND MEETING.

Held on j{onday, October 23rd, 1933, at 4 p .m .

Cameroons under B ritish :Vfanctate : Examination of t he Annua l Re port for 1932.

Captain W. Buchanan-Smith, C.M.G., M.C., Lieutenant-Governor, Southern Province:., Nigeria, accredi ted representative of the mandatory Power, came to the table of the Commission.

WELCOME TO THE ACCREDITED REPRESENTATIVE.

The CHAIRMAN welcomed the accredited representative and expressed the Commission', appreciation of t he opportunity given it by the mandatory Power of collaborating with a high t>ffi cial of the mandated territory for the examination ot the annual report.

GENERAL STATEMENT BY THE ACCREDITED REPRESENTATIVE.

Captain BucHANAN-SMITH.-The first observation I should like to make is with regard to the depression in trade. You will find it referred to in many parts of the report, and it has. of course, coloured the whole situation and hampered progress to a most lamentable extent. From t he purely native point of view, however, it has had in many ways a surprisingly small effect . In 1931, when I visited the Cameroons, Nigeria was suffering very severely from the slump, but there were hardly any traces of it in the Cameroons as far as Africans w~re concerned. When, however, I went there again in 1932, demands for the reduction of taxatiOn were general throughout the territory, and it was obvious that the natives had been severely hit ; t he difficulty was, however, due to lack of cash- there was no distress. .

There are two features of the situation which account for this : (I) the fall in the pnce~ uf economic products has been accompanied by a heavy fall in the prices of foodstuffs, so. th~t the native has never felt the effect of the reduction of his income; (2) the Cameroon native 1s self-supporting so far as food is concerned, and anything else which he may require can be acquired by barter. Therefore be has come out of the depression so far much better than could be expected. A curious point connected with this is that the native employee. o.n a fixed salary is considerably better off than he was before, owing to the fall in the cost of livmg: That applies to the clerical class, and accounts for the present anxiety of the natives up countr} that their sons should be educated and become clerks.

To turn to another subject. I think that perhaps the report has taken it too much for granted that the Permanent Mandates Commission is already fully acquainted with the method and object of the re-organisation in t he Cameroons Province, and I will endeavour so far as possible to fill in some of the details for the assistance of the Commission. .

When the present system of indirect rule was first introduced, the Northern Provmce model was copied somewhat slavishly without sufficient regard being paid to the cir~urnsta;c~ of the Cameroons, and one of the first things to be done there was to appoint distnct hea !t n look after certain defined areas. These men were not always fitted for t heir posts, and 0 Ne

1 had little right to any special position, either by inheritance or native custom. ~f unnaturally they abused that position, and we are now trying to introduce a system administration which will be in accordance with native custom. . the

To achieve this object, administrative officers have been directed to investigate_fully the customs and the administrative practice of the natives in the Cameroons Province pnor t~a,•e advent of Europeans. As a result of the investigation, it has been found that, while we

-15-

been administrating there with ~istrict heads (or in some f?laces with a native court as a native authority), t~e l?eople have retamed ~o a gre~t _extent therr old system of settling their affairs through the1~ ':"tllag~ and clan counctls, and 1t 1s on those councils that we are trying to base onr new admtrustrahon.

The schem~ is mo~e or less as follows : Both admiJu~t.ratively and ~udicially the village headman a nd h1s c<?u~cil , who_ are usually the heads of families, fo~ the ftrc; t unit . They give all lawful orders w1thm the ~1IJ_age, collect the ta.xe~ and settle vtllage disputes. The second unit is usually the clan, conststmg of a number of villages related by descent from a common ancestor. The council consists, in theory, ot the head of the clan and his council, which includes all t he members of the village councils ; but, in practice, it usually consi~ts of t he headman of the clan a nd the heads of the villages making up the clan, or their representat ives. Thi~ council sits as a native court and hears all disputes within the clan or between members of the same village, where they are unable to accept the decision of the village council. Administratively, the council manages the affairs of the clan and this includes its treasury.

At present , there are not many clans capable of looking after a fully organised treasury . but there are some. l:'he more primitive villages or clans usually agree to share their treasury with other clans, and, m any case, where such agreement bas not been reached, the accounts of each clan are kept separately in t he present existing treasury. H owever, amongst the more primi_t ive clans, a ll salaries and other P":Y~ent_s whic~ ~ave to be paid ~o the clan council _are paid m a lump sum, and t he clan council dtstnbutes It m accordance w1th custom. That 1s a very small beginning, which will lead gradually to t he assumption of greater responsibilities. In some cases, a number of clans are already agreeing to join together in a larger treasury.

The essence of the scheme is consent . No village is forced to join a clan council, nor is a clan council forced to join up with other clan councils. Before any re-organisation of this nature can take place, each clan council must give an assurance that it will accept the orders of the native administration it proposes to join. If it will not do so, and if it is large enough, it can have a treasury of its own, or it can be administered directly by the district officer until the time comes when it is prepared to join up with other units and form a larger native administrat ion . There are not many instances of the latter alternative . By such means. it is believed that a system of administration will be built up, which will be based on common consent and common interest, and which will have the sanction of native custom. Even in the earlier stages , the system will implant a sense of financial responsibility. which at the moment is entirely lacking.

There is also one other feature. There is little room for the Christian or educated members of the community under the existing scheme. Under the new scheme which we are introducing, th ey would come in under the council of their own village, and so would have an opportunity of becoming members of the higher councils ; they would thus have a reasonable share in the management ot the affairs of t heir people. At first it may appear that this system is one of chaotic decentralisation, but it is believed that it will not be long before the units will, in their own interest, combine to form much larger administrative bodies. AU these arrangements are, as will probably be realised, t he outcome of m uch bard work on the part of the Administrative Officer, residentc;, dic;trict officers and assistant district officers.

There is another matter which has previously been mentioned before this Commission­namely, the difficulties which have arisen from time t o time between the Mandatory's officers and the Missions. I am glad to say, from personal experience, that these difficulties have largely disappeared owing, in no small measure, to the ac tive interven t ion of the head of the Roman Catholic Mission . Mon~eigneur Rogan.

I ha,·e been given a paper t o read on the subject of the position of women in the Cameroons. I agree that more can be done for women, and I know that the Governor i~ d~eply interested in the question, but I think that there bas been a certain amount of miSconception, a nd it i a question in regard to which one must move very carefully. ~ shall do my_best tc! answer any questions which Mlle. Dannevig may like to ask me. and to as.<agt the Comm1ss10n 1n any way I can in the matter.

The members of the Commission will I think, find that such of their questions as were una~swered a t t he last session have now 'received replies . and . in some inst ances, legislation has Implemented undertaking made by the mandatory Power.

NATI VE ADMI NISTRATION .

Lord L u GARD thanked the accredited representative for the full ~formation. concerning the system of decentralisation, under which the village would, he had sa1d, be the fust and the c~an the second administrative and judicial unit. Lord Lugard remarked, however, that the vtllage had no statutory judkial position. and enquired whether there would not be so large a number of clan councils as t o make supervision very difficult .

, Captain BucHANAN-SMITH replied that the village council woul~ not ne~essarily h~ve tatutory rec~gnition, except that , in so~e cases, i~ might _b~ a subordmate natlve autbo~tty. ~ ~lan counc1l would probably be a nat1ve authonty, or, if 1t. were a ~ember of ~ counc1l m which many clans were represented, it would be a subordmate native aut~onty. ~~re

ould be. to begin with a good many more councils or rather statutory nattve authonttes than th ' ere were at the present moment.

- r6 -

Lord LUGARD suggested that difficulties might occur in the case of a tribe living part! . the British and partly in the French Cameroons, t he new British policy of ext/ 10

decentralisat ion being just the opposite of t he policy adopted by the French Administrat~:e

Captain BuCHANAN-SMITH said t hat the areas of the native councils and cour ts would probably be readjusted, so as t o obviate such difficulties-at any rate, as far as Nigeria and th Cameroon_s were concerned_. He e:x~laine? t hat the ultimate purpose of t~e British authoritie~ was. to build up s trong native admmtstratlons, based on_ co~sent and startmg from the botrom­Ulttmately there would be much less extreme decentrahsat10n. ·

Lord L uGARD enquired whether competent men could be found to administer the larae number of new councils and t reasuries. 6

Capta in BucHANAN-SMITH replied that the treasuries would at first be on very simple lines; the Councils, aided by boys who had been a t school, co uld deal with the sums of mone\" received and the money to be paid out by t he Councils. Larger treasuries would come into being gradually, and to staff t hem there would probably be a sufficient supply of educated natives. At present, in most areas, the best t hat could be done was to give as much financial responsibility as was possible , and , for the rest , to keep separate accounts for each nati\"e authority in the exist ing treasury.

Replying to a question by Lord Lugard concerning the d ifficulties with the Missions­now being composed-he stated that some members of the Rom an Catholic Missionc; had not thought it proper that Christians should come wit hin the jurisdiction of t he nat ive courts; the chief rlifficulty had been in connection with marriage.

Count DE PENHA GARCIA said that it was quite comprehensible, in view of the varying degree of civil isation among the native tribes, that no definite general rule could be laid down as to the best form of local administration. He enquired whether the mandatory Power considered tha t the future system should be on a basis of village administration or on some wider ba is. Past efforts to associate groups of villages had not a lways proved successfu l.

Captain BucHANAN-S~HTH said that , in the past, the village heads and councils had been operating, without the Administration having been aware of that fact; clan councils, too, had settled questions on which t he village councils had been unable to arrive at a decision. That system had been going on in t he background, and the Administration hoped to develop it into something more sat isfactory , so that the various clans would eventually join up, by consent, to form strong native administrations.

M. 0RTS observed t hat , at the t wenty-second session,1 Sir Donald Cameron had said t~at it did not seem desirable t hat the pagan populat ion should be governed b y Moslem Emus. \\'h ile not condemning t he practice established by the previous Administration, he had felt _that steps should be taken to bring a larger proportion of the pagan population und~r dtr~ct ad ministration . In the case of Dikwa, with a population of close on 200,000, the admi01strattve staff was reduced to one official and one clerk, ·probably a native. This was a rather _small administrative sta ff in the circumstances. Would it not be possible for t he Administration to make the policy of d irect administration more effect ive ? Was the present arrangement to be merely considered as a step in t hat direction?

Captain BucHANAN-SMITH replied t hat Sir Donald Cameron desirerl to develop the syst~m of direct administration in cases where pagans were not in a position to start their own_ nat1ve adm inist rat ions, but was hampered by the Nigerian financia l ituat ion, which made Jt ''ery difficult to secure extra staff ; in fact , staff had had t o be reduced.

Lord LuGARD, referri~g to paragraph 48 of the report , noted t hat a large pagan popul~t_i~ was under a Moslem Lamtdo, whom there bad been no one to replace when he had fallen ,tc. · As these officers were chosen by the people and not appointed by the Governmen t, would 11

not be possible to cause a pagan to be appointed instead of a Moslem ?

Captain BUCHANAK-SM ITH replied that that wac; the officia l British policy, but the proc~s~ must be gradual. One reason was that usually pagans were split up into small groups wtt f small chiefs a nd it would be difficult to find straight away anyone who could take t?e place

1o

such men as t he Lamido. The policy was being given effect first in the south, bu t tt was a 50

being applied gradually and generally to t he pagan a reas of the nor th .

M. 0RTS observed that t he report m ade no mention of officials in the Adamawa districts. Were these districts administered in t he ordinary way ?

Captain BucHANAN-SMITH replied that t hey were administered in the ordinary way. He would ask for the figures .

1 See :\linute'l of the Twenty-~ond Session, page 101

- 17 -

M. SAKENOBE noted that th~ ~and~tory Powe~ was endeavouring to revive, by grant ing them statutory powers,. the p:ovmctal village councils and clan councils which had previously e:dsted, but had fallen Into dtsuse. . What were the causes of the .decline? Wac; it sufficient to give them statutory powers to revtve them?

Capta!n BucHANA.N-SM.ITH said he had mentione~ this point in his opening address. The councJls ha? been 1n exist~n.ce be~ore Europeanc; arr.tved and, in spite of all, direct rule had cont inued to exts.t. Th~ Ad~1mc;trat10n was en~eavourmg to replace all that was ar tificial by something more m keepmg wtth the natural native practice.

M. SAKE NOBE noted that the district of Kentu had been separated from the Gashaka District an d incorporated in the Benue Province as stated on page r6.

He asked if he was right in saying that Kentu had always existed as a part of Adamawa Division, but was only administered by the British authority who was in charge of Benue Province.

Captain BuCHANAN-SMITH said that, at the beginning, it had been under Bamenda. About 1926, it had been taken away from Bamenda, but it had been thought that it would be more easily supervised from Benue than it could be either from Adamawa or from Bamenda.

INSPECTION OF THE BAMENDA DIVISION BY THE LIE UTENANT-GOVERNOR OF THE SOUTHERN PROVINCES.

Count DE PENH.A GARCIA noted (paragraph 19) that the Lieutenant-Governor 's visit to the stations in the Province in t he early part of the year had been thf' first occasion that t he Bamenda Division had been visited by a Lieutenant-Governor ; be asked whether that had been due to special circumstances.

Captain BUCHANAN-SMITH replied that it was simply owing t o the fact that he, being rather younger, had been able to get about better than his predecessors on a journey which involved trekking over 300 miles on foot.

APPLICATION TO THE TERRITORY UNDER MANDATE OF CERTAIN ORDINANCES PROMULGATED IN NIGERIA.

Count DE PENHA GARCIA referred to the enactment-the Criminal Code (Amendment) Ordinance 1932-increasing the maximum penalties for slave-dealing offences; be enquired whether that measure had been found necessary despite the considerable efforts already made by the Administration to suppress such offences.

Captain BucHANAN-SMITH said that the Ordinance, which was applicable both in Nigeria and iJ1 the Cameroons, had chiefly been rendered necessary by the activities of certain communities in the former territory.

Count DE PENHA GARCIA said that the Commission would be glad to have details in the next report as to the way in which t he Native Children (Cus tody and Reformation) (Amendment) Ordinance 1932 had been applied and the results achieved.

Captain BucHANAN-SMITH stated that that Ordinance, though applicable a lso to the mandated territory, had been necessitated chiefly by the situation in Nigeria, where juveni le offenders, chiefly thieves, had become too common, especially in Lagos, wh~re boys from the Northern Provinces were responsible for a good deal of crime. Corporal pumshm~nt harl been found to have very little effect , and it had been decided that children be.low a certam ag~ sho';lld be handed over to a reformatory or to the Salvation Army. The mam reason for thts pohcy was to prevent juveniles from associating with confirmed criminals in the prisons.

. Count DE PENHA GARCIA enqujred whether there bad be~n a grea.t industrial developn:ent m the Cameroons under British mandate ; be noted that four mternatwnallabour Convent tOns had been made applicable to the territory .

. Captain BucHANAN-Sr,tiTH replied in the negative. He explained, further, that. cert~in ordinances were appl ied in practice in Nigeria only, b ut were ready for use when t he situation should demand it in the Cameroons.

M. VAN REES asked whether the incorporation of the Administration .with Nigeria meant that al! Nigerian legislation applied automatically. to the mandated t~rn tory, except where ot~erw~se stated, or whether a special proclamation was necessary tn each case to make legtslatton apply to the mandated territory.

Captain BucHANAN-SMITH replied that, whenever it was _intended that an ord~nance ~hould apply to the mandated territory, that fact was stated m the text of the ordmance Itself.

SITUATION oF WoMEN IN THE TERRITORY.

Mll~ . DANNEVIG observed that it appeared from various sources that th~. situation of women m Central Africa, and especially in the Camer?ons u~der French. and Bnhsh ma~date, was very unsatisfactory. The reports on the subJect differed constderably accordmg to

2

- IR -

whether they came from the Administration or from the Missions. During the examinatio of the report for 1931 concerning Cameroons under French mandate, the accredite~ representative had said the previous year 1 that the position of women was not as bad as wa stated, and that native widows, for instance, could buy themselves free. That statemen~ was not in accordance with the description in The Catholic Citizen (October 15th, 1933} according to which women were unable to work and earn enough to purchase their freedom' How was the position in the British Cameroons? ·

Captain BucHANAN-SMITH thought that the author of the article in question had been under a misapprehension as to the true situation. A woman in the mandated territory had a definite place in the family, but was not the property of the family. She had a financial position separate from that of her husband, and the latter could not interfere with the disposal of her money; the woman was quite often richer than her husband. All women in Nigeria and the Cameroons had husbands, and if the husband died the widow had no one to guard her except her family ; she went to them for protection. A widow generally married again, and any woman whose dowry was poor would be the first to resent the fact. Many divorce action• initiated by the wife had their origin in the dissatisfaction felt by the woman on account of a~ inadequate dowry. The larger the dowry, the more a woman thought her husband cared for her.

Mlle. DANNEVIG observed that that was the reply given by M. Marchand the previous year ; she could not understand how such different views came to be expressed by the Administration and by the missionaries. She thought that a woman who became a Christian was still judged by native custom or the Moslem Statute; she felt that that might leau to difficulties in practice, even though the position might be sound in theory. Was there a statute for the women who had become Christians?

Captain BucHANAK-SMITH explained that a Marriage Ordinance existed dealing with Christian marriage in Nigeria. Under that Ordinance it was not generaJly the wife but the husband who suffered , since, if the former chose to run away-as often happened-he could not get back her dowry under the Ordinance.

Mlle. DANNEVIG asked whether it was the considered opinion of the accredited representative that everything was done to safeguard the position of women and that the husband was the real sufferer.

Captain BcCHANAN-SMITH replied in the negative, but stressed the importance of the Marriage Oroinance as safeguarding the position of Christian marriage.

Mlle. DANNEVIG asked whether, in Mohammedan districts, women experienced greater h~rdships than in pagan districts. Most of the answers which bad been given applied to pagan districts and not to Mohammedan districts. Had the Administration any plans for looking into the question of ameliorating the status of women?

Captain BucHANAN-SMITH said that it was easier to take such action as might occasionally seem desirable in the pagan districts than in the Mohammedan districts where interference would cause trouble . He doubted if the Archbishop had had much experience in the Moslem areas, as Moslems were very rarely converted to Christianity .

Sir Donald Cameron had the question very much at heart, and as an experiment ha? proposed to appoint a travelling lady doctor in one heavily populated Nigerian area- Owern. She would provide medical treatment and endeavour to get into touch with the women and to find out their views and whether they had any complaints which they bad not dared to.expr;ss. This would be a beginning ; but, like everything else, it depended on the financial st.tuatt?D·

He had been in Nigeria for twenty-five years and had many friends among misst~nanes. There was a Catholic school at Bonjongo run by nuns, who had not brought to his notlc~ any serious difficulties regarding the position of women. At Obuniki, in Nigeria, and at Orutsha there were excellent girls' schools run by the ladies of the Church Missionary Society and the Catholic Mission respectively. The ladies concerned had also never, as far as he kne,~·, expressed any serious misgivings regarding the treatment of women. On the other hand, 11

was true that there bad been some trouble in Nigeria, though not in the Cameroons, as manifested by the Aba riots. .

He could assure the Mandates Commission t hat it was part of Sir Donald Cam~ro~ s settled policy to improve the position of women, and he felt that the experiment of ~ppomtiDg an independent lady doctor was a start along the right lines to ascertain the real feehngs of the women.

Lord LUGARD said that Mlle. Dannevig's point was that missionaries had expres!'e1ha great many grievances regarding the general status of women and alleged that 1 ~ Administration was apathetic. Would it not be desirable for the Nigerian Government d ask the missionaries to formulate their complaints clearly and distinctly and also to. put forw~~e practical suggestions as to what could be done ? It might then be posstble for Administration to give them an answer.

Captain BucHANAN-SMITH considered this an excellent idea.

• See :\linu tes o f the Twenty-second Sl>ssion. page z 1 J.

- 19 -

fRONTIER BETWEEN THE CAMEROONS UNDER BRlTISH MANDATE AND THE CAMEROONS UNDER FRENCH MANDATE.

In reply to a question b~ ~· Orts, Captain BuCHANAN-SMITH said that the delimitation of the frontier between the Brttlsh and French spheres (paragraph 9) had been postponed in deference to the wishes of the French Government on account, he understood, of the expense.

PUBLIC FINANCE : TAXATION.

M. RAPPARD referred to paragraph 70 and to the words : " Similarly, on the revenue side, sums of £1o,ooo and £1,300 had been added to the

Custo~s import a~d export duties, respe<:tively, to represent the amount of duty paid at Nigenan ports on tmports and exports which have entered and left the mandated territory by the Nigerian land frontier."

Was this a mere calculation or had it some surer basis?

Captain BucHANAN-SMITH said that the amounts could be accurately calculated, because these referred to imports and exports from such ports as Calabar going to or coming from the mandated territory.

1\L RAPPARD asked why the deficit was quoted as from the period 1916 (paragraph 71). Did this mean that there was any debt to be settled on the mandated territory?

Captain BucHANAN-SMITH replied in the negative. The period 1916-1931 had merely been quoted for the purpose of general information.

l\1. RAPPARD noted that native treasuries depended to a very large extent on the fines paid to courts. Owing to the crisis, there was less litigation, and so there were fewer fines. The Administration therefore considered that the estimate of £1,600 was " still too opt imistic " (paragraph 76).

Captain BUCHANAN-SMJTH said that "too optimistic " was the wrong term. Naturally, the Administration was more satisfied if fines diminished and fees increased, and this fact was frequently emphasised.

Lord L UGARD, referring to page II2, noted that, in the northern provinces, the interest on investments had nearly doubled as compared with the previous year. In the southern provinces, though there was a considerable balance in the Treasury, no interest was mentioned at all

Captain BucHANAN-SMITH explained that, in the northern provinces, the native administration bad been in operation considerably longer than in the southern provinces, so that prosperity was greater in the north. The southern provinces had always bad to lead a hand-to-mouth existence, and bad never had large sums at their disposal for investment.

Lord LUGARD could not see bow the question of prosperous or unprosperous years could make any difference to interest on investments.

Captain BucHANAN-SMITH regretted that he bad misunderstood Lord Lugard's question . He would enquire how it came about that the northern administration had been able to add so greatly to their investments.

Lord LuGARD noted that the jangali ta..lt. was levied on nomad herds, the village stock going into the lump sum assessment. Where there was a flat rate, was no jangali tax paid at all ?

Captain BucHANAN-SMITH replied that this was so in the southern provinces.

L?rd LuCARD said that, in paragraph 83, it was stated that jangali tax was only levied in grazmg areas ., . He asked how " g razing areas " were defined.

Captain BucHANAN-Sr.fiTH said that grazing land was the land on. which .one would normally expect to find herds of Fulani cattle. The tax would not be apphed to vtllage areas on the coast, where the dwarf cattle often flourished .

Lord LUCARD asked whether the reduction was permanent or temporary.

Captain BucHANAN-S!'tUTH replied that it was temporary ~ntil the position impro':'ed. He would not be surprised if a demand for increased taxatlon came from the natives themselv~s. L~ter on they would want some de':'elopment carr~ed out and would have no money wtth which to finance it and would call for mcreased taxation.

~I. RAPPARD asked with regard to Lord Lugard's question in connection with paragraph84, whether the lump-sum ~ssessment was not merely a sum calculated to correspond with what would be due as a poll tax.

. Captain BUCHANAN-SMITH replied that this was not entirely the case. In certain areas tt Would include the j angali tax in those places where there were no grazing lands.

It M. RAPPARD wondered whether the lump-sum assessmen~ would pr?ve s~tis~a~tory. ·r had been tried elsewhere without success. It often led to arb1trary taxation of mdtvtduals 1 tho · d. se m 1Viduals were unpopular.

-- 20 -

Captain BucHANAN-SMITH agreed that it was by no means always ideal, but it should regarded as temporary pending such time as the natives would be able themselves to ad be more satisfactory methods. opt

.M. RAPPARD asked whether the possibility of commuting taxes to labour was exclud d What happened, for instance, when taxes were not forthcoming? e ·

Captain. B UCHANAN-SMITH r~p~ed t~at when taxes were not for~hcoming for good cau they were wtped out. The Adm1mstrat10n never asked for labour, smce such requests mi : lead to very undesirable practices. g 1

CuSTOMS DuTIES : EcoNOMIC EQUALITY.

M. ORTs said he had in his possession the " Regulations made under the Mineral Ordinance ", Chapter 93 (Nigeria, No. 16 of 1932), which, amending the General l\Iineral~ Regu lations, levied a duty of so per cent on exports of tin ore. Nevertheless, this duty was ~1ot to be .l evied. when the ~xporte: ~urnished ~roof that the mineral exported ~~uld be treated m the Umted Kmgdom or m a Bnttsh possesston. It was stated that the provtston in question was applicable to the Cameroons under British mandate.

l\t Orts asked the representative if he could give some explanations on the text which at first sight, did not seem to be in conformity with the principle of economic equality: Although t in ore did not appear in the list of principal exports from the territory under mandate the question seemed justified with a view to the observance of the principle in question. '

Captain BUCHANAN-SMITH pointed out that there were no mines in the Cameroons, so that the regulation did not apply.

i\I. 0RTS said that he knew there were no mines in the Cameroons at present , but there might be, and in any case he wished to ask whether this procedure was in keeping with the principle of equality of t reatment for all the Members of the League.

l\1 . Or ts, referring to certain facilities that had been granted fort he direct export and impon of foodstuffs, recalled that, at the twenty-second session,1 it had been s tated that this system might be extended if desired by the population. Had any new steps been taken in that direction?

Captain BuCHANAN-SMITH replied that the arrangements referred to were mert•ly those taken a long the frontier of the territory under French mandate in order to allow the local natives to continue their usual m ode of life without being hindered by Customs restrictions.

In reply to a question by Count de Penh a Garcia, the accredited representative said that the abolition in this area o{ duty on palm-kernel oil, etc. (p aragraph 98), was part of the policy referred to above of assisting native tribes living near, or on both sides of, the frontiet.

IMPORTS AND EXPORTS.

M. MERLIN, referring to the tables on pages 27 et seq .• noted that, on page 32, exports were described by weight , later by cow1tries of destination, and on page 27 by value in pounds ~terlin~. I t would be very helpful if, in the first table, weights as well as values could be giren.

Captain BucHANAN-SMITH said he would note this request. I n reply to a further q uest ion by M. Merlin , the accredited representat ive said that the

increa~e in exports in 1932 over 1931 was due to the development of the banana trade.

M. ~1ERLDI noted the considerable place taken by German exports and imports. What was the cause of this?

Captain BucHANAN-S:\IITH replied that the great majority of the former German estates had been bought by Germans. Very few estates were held by Englishmen. Nearly all the produce of these German estates went to Germany, and their owners naturally bought goods from Germany in return .

M. SAKEKOBE asked to what extent, if any, the northern parts of the man~3:ted territory participated in the export trade or was that trade confined to the Victorian Divtswn.

Captain BucHANAN-SMITH said that the trade of the northern territories tended to pa~ down the Benue to the Niger. A good deal of this trade would be included under the trade 0

the port of Forcadr.s.

M. SAKENOBE, referring to paragraph 101, asked whether the amount coll~ct~d at the twelve preventive stations represented the total amount of frontier trade with Ntgena.

Captain BucHANAN-SMITH replied in the negative . A great deal of trading went on over other parts of the frontier.

1 , ee :\linutes of the Twenry-second Session, page 16 4.

- zr -

EcoNoMIC SITUATION.

M. MERLI~; referring to paragra~h. II8, _asked \~hy there should be any "difficulty of obtaining cash . Could not the AdmmtStrahon provide a remedy for this?

Captai~ BuCHA?lA~-S~IITH said that, formerly, the Bamenda people found plenty of work outside their own dtstnct, ~nd, when t~ey returned, brought back with them a considerable amount ~f cash. Now, owml? t_o the cn s1s, there was l~ss w?rk and consequently they could not ob_tam _cash. It was. dtfhcult to see how the st_tuahon coul~ be improved by the :\dmimstrahon, because ne1ther Europeans nor coast nat1ves were buymg what the Bamendas bad to sell. They were therefore short, and Bamenda natives, buying from each other, had accordingly to resort to barter.

::11. SAKENOBE thought that one principal cause of want of cash in Bamenda Division was that it had no economic outlet. Referring to the statement made at a previous session 1

by Sir Donald Cameron that an effort would be made to provide an economic ou tlet fer the Bamenda Division, which it at present lacked, by constructing a road from Bamenda to Manekewe, M. Sakenobe understood that the completion of this work had been postponed. He asked whether any further steps had been taken in this connection.

Capt~in BucH.ANAN-SMITH said ~hat, befc:'re he h~d le_ft Nigeria, funds for beginning the constructwn of thts road had been mcluded tn the N1genan budget. He believed that this item had been retained in the budget, but was not sure, as there had been further financial embarrassment since he left in April.

FoREST RESERVEs.

~I. ~IERLIK, referring to paragraph 341, asked why the natives objected !'O strongly to the e;tablishment and delimitation of forestry reserves.

Capta in BucHANAN-SMITH replied that those reserves were unpopular, because their establishment imposed rec;trictions on the natives from the point of view of felling tree:;.

In reply to a further quest ion by M. ).lerlin, the accredited representative explained that the authorities felt that it would be unwise to make any attempt to proceed furrher with the~e particular reserves at present.

In reply to a question by Lord Lugard, the accredited representative explained tha t the timber coPcessions ment ioned in the report (paragraph 346) were mostly granted to Frenchmen coming from t he Cameroons under French mandate to cut mahogany, etc.

ESTABLISHMENT OF A FISHING I NDUSTRY.

Lord LuGARD observed (paragraph 104) that very large quantities o! fi sh were imported from Germany, Norway and the Spanish posses<;wns, which meant, he suppo-,ed , Fernando Po. ~s the fisheries of Fernando Po were m adjacent waters and seemed to be succc-;~ful , would tt not be possible to create a fi shing industry in the Cameroons?

. Captain BucHANAN-SMITH said he was under the impression that the fish-( uring industry 111 Fernando Po was in the hands of an extensive European population. He had recently heard that one enlightened Nigerian chief was endeavouring t o s tart a fish-drying industry at Bonn~. If thi- experiment succeeded, others in Nigeria a nd the Cameroons would doubtles~ ~ollow. h1s example. In any case, efforts in this direction would be encouraged by the Admmtstratwn .

:\file. DAX!\EVIG ob!'erved that :\L Ruppel had :.tated at a previous se.;sivn that the Ge~man a_uthorities had endeavoured without success--owing to climatic conditions-to cstabhsb a hsh-dryin~ indust ry.

AR~ts AND A~ntu~ITIOX.

, :\1. ~AKENOBE, referring to paragraph 193, noted the consi?erable increase in the .mportat10n of arms and ammunition , and asked the reason for t hts.

Captain BucHANAN-SMITH said he would have to make enquiries.

jUDICIAL ORGANISATION.

M. SAKENOBE asked what was the difference between a lkali court s or di5trict heads' courts and native courts (page 46) .

h. Captain BucHANAN-SMITH replied that nat ive courts were u-ually the court ~ of pagan c tefs, whereas the alkali court was Mohammedan. t In reply to a fur ther question of M. Sakenobe, the ac~redited _represe~tt_a~ ive explained tha t he ~w?z~ a_nd_ Ashigashiya courts were the on ly c?urt~ m the Dtkwa Dtvtslon where Mosl~~s

had )undJsdtct Jon over non-Moslem tribes. Even m this case, however, pagan representatt"\e:, w ere present in the court. ---1 c:; ' vee .IJOutes of t he T"ent~·-sec >nd '-c :.s1on, p. gc 1>:> 1.

-- 22 -

Lord LuGARD, referring to paragraph 131, noted that native courts were to cease to exerci~ executive functions. What did that mean ? ~e

Captain BUCHANAN-SMITH replied that, in the southern provinces, many native court had in the past also been native executiv.e authorities of the locality. This would now cease~

Lord LUGARD, with reference to paragraph 151, asked why it was that the present native courts failed to appeal to the people.

Captain BucHANAN-SMITH said that native courts in the south had not a lways in the past been organised on lines approved by native custom and practice; the members of the coun had therefore often been exceedingly unpopular. The organisation of the courts on lines more in agreement with the native views and forms of the past had not long been taken in hand He was sure, however, that the courts would now increase in respect and success. ·

THIRD MEETING.

Held on Tuesday, October 24th, 1933, at 10.30 a.m.

Cameroons under British 1\landate: Examination of the Annual Report for 1932 (continuation).

Captain Buchanan-Smith came to the table of the Commission.

SLAVERY.

Lord LuGARD, referring to the statement in paragraph 214 of the report that the recent shortage of food in Mandara in the territory under French mandate had tended to gh·e an impetus to slave-traffic, enquired whether the French authorities had been asked for their co-operation.

Captain BucHANAN-SMITH said that he had not the slightest doubt that the French and British authorities were in correspondence on the subject.

LABOUR.

Lord LUGARD noted that a large number of plantation companies were members of the Planters' Union. Mention was made on page 68 of two European dressers, and paragraph 308 referred to " the medical practitioner of the Planters' Union ". Was one doctor adequate for the number of labourers? On an average, 1,885 labourers were engaged by the West African Plan tation Company alone, and the aggregate number employed by the Planters' Union was very large.

Captain BucHANAN-SMITH said that the Director of Medical Services had m~de representations with a view to more doctors being provided, especially in the outlyJDg plantations. Some plantations, however, already found it difficult to pay for the doctor; that they were required to provide. While the number of natives on certain outlying estates was not very great, it was difficult for one doctor to get round continuously. He was, however, assisted, when required , by the Government doctor and Doctor Graff.

Lord LuGARD thought that a scale should be enforced of one doctor per so many natives. He hoped that the Government would compel the plantations to employ a sufficient number of doctors.

Lord Lugard observed that figures were given (paragraph 234 of the report) for ~e number of porters engaged by the Government and by the Native Administrations. e enquired whether porters wet e not employed by private persons also and whether the employment of porters was prohibited when wheeled traffic was available?

Captain BucHANAN-SMITH said that it would be impossible to obtain an accurate figure for natives employed as porters by casual Europeans and Africans; it would be difficult, for instance, to ascertain how many porters were employed by a missionary travelling from place to place. To the second part of Lord Lugarrl's question, he replied in the negative.

The CHAIRMAN directed attention to convictions for refusal to carrv loads (paragraph Z37 of the report). -

Lord LUGARD observed that the convictions listed in paragraph 236 were for " refu~al ~0 perform customary communal labour ". He had understood that the principle ~ )I'Jg~~~ and the Cameroons was that no forced labour by chiefs was allowed, and that the line t~ .. by Sir Donald Cameron was that the tax liberated the native from all "tribute and sernce ·

-23-

Captain BucH~NAN-SMITH agreed that a chief who. received. a salary could not demand forced labour for himself. In the past, the task of keepmg the village and roads leading from ·t clean bad always been done by certain age-grade'5, and refusaJ to carry out such work had ~en puni~hed. . Sir Donald Cameron now propos~d that the ~nly communal labour allowed in connect~on wt.t~ ~oads should be th.e labour requtred for cleantng the paths in the village and its immedtate vtctmt~. such as washmg-pla~es and ~ells. Many of the prosecutions referred 10 concerned the keepmg open of roads leadmg to mam roads, and such labour wouJd in future have to be paid for .

Lord LUGARD observed that the Native Labour Committee, of which he had been a member. h.ad m~~e .a distinction betw~en social services, such as keeping the ground cJean in the immed1at~ vtcmttyof the hut, burymg the dead, ~nd so on, and. labour ~uch as road-cleaning. The informatiOn that that labour was now to be patd for was entuely satisfactory.

Mr. WEAVER noted that wages had fallen considerably in the Mamfe Division, where labour could be obtained easily at the rate of 4d. a day, as compared with previous ofters of

9d. and rs. a day, while the table at the end of the report-of which he expressed his appreciation-gave rates for other districts as low as 3d. to 6d. and zid. to Sid. He felt that there might be some connection between the wage position and the shor tage of cash referred to in one division on the previous day. He suggested that such low wages migh t be detrimental to the general economy of the territory, in that they reduced the purchasing power of the natives.

Captain BucHANAN-SMITH said t hat there was very little employment in the territory at present and that the natives would work for almost any wage. To fix a minimum wage would be putting temptation in t he way of employers when employment increased. In the case of porters engaged by the Government , it was laid down in regulations, which were altered from time to time, what the wage was to be, but that applied to the Government and not to private employers.

~fr. WEAVER asked if the mandatory Power intended to make use of the new permissive powers under the wage-fixing Ordinance. He doubted whether the fixing of minimum wage rates would have the effect suggested by the accredited representative. If and when the demand for labour again increased, workers would go to the employer who ofJered the best wages, and that mo\·ement would not be prevented by the existence of a minimum wa~e. On the other band, in the abc;ence of a minimum wage, rate~ had fallen to very low levels, so • i.a t it was very difficult for the people to pay their taxes and pay for imported goods.

Captain BuCHANAN-SMITH said that Mr. Weaver's views would be brought up before the Government. He did not know yet what the latter's intentions were in regard to the fixing of a minimum wage.

l\lr. WEAVER referred to the increase in larceny on plantations by unemployed strangers (paragraph 135 of the report). He enquired whether an.y action had been taken to relieve distress in the case of unemployment among natives who had settled in labour areas.

Captain BuCHANAN-SMITH replied that in Lagos such persons were often sent back to their countries. In t he Victoria Division, they lived in strangers' settlements, where, by planting maize and other foodstuffs, they could live quite adequately. There was no system o£ relief, and the persons concerned had no wish to be repatriated.

)fr. WEAVER said that he had been interested to read that t he inhabitants of the :Mambilla Plateau in Gashaka D istrict were naturally gifted and keen craftsmen. He asked whether anything had been done to promote the marketing of the products of those people.

Captain BucHANAN-S~nTB said that in such cases examples of basket-work, brass-work or iron-work were usually sent to the local headquarters and that the administrative officers took steps to make it known to the outside public.

)!r, WEAVER asked that information might be given in the next report .concerning the labour conditions and the method of obtaining labour in the timber concessiOns of Kumba Division.

MISSIONS.

~r. PALACIOS observed that the Commission had spoken the previous year 1 of difficulties between the Catholic Missions and the local native authorit ies and had noticed that there were no missi0nary activities in some of the northern districts of the territory. He ~a~hered from the r~ference to be found in the repor t (paragraph 244) that the differences of op1mon between certam missions and the Administration had now ceased. On the other hand, the north was not yet much in favour with the missions (paragraph 247).

Captai.n Buc HANAN-SMITH explained that the c;liffic~ties had ~een in the southern part of the .terntory. Certain priests bad had difficulties wtth the natlve courts at;'d refused to recogntse that their followers were under the jurisdiction of those courts ; Monsetgneur Rogan had been instrumental in adjusting the situation. ---

' S.. \hnute~ o r the Twenty-second Session, page 167.

- 24 -

Shortage of funds was, he suspected, one of the chief difficulties so far as the establishment of missions to pagans in the north was concerned, and care had to be taken in establishin missions near Mohammedan centres. Neither t he R oman Catholic nor any other communitieS appeared to be establishing missions at present in the northern part of the territory. · s

EDUCATION.

. Mlle. DAN_NEVIG s~i~ that, in spite of the i?teresting and_ ~laborate statements contained tn the report, tt was dtfhcult to get a general vtew of the posttton as regards education in the terr itory under mandate; no figures were given for the actual expenditure and only the proportional expenditure, as compared with Nigeria, was stated. It seemed clear, however t hat t here had been a decrease in the number both of teachers and of pupils in Government schools in t he Cameroons Province.

It was stated in paragraph r 6 of the report that the small proportion of natives in the mandated territory on the clerical staff was due to the fact that the schools in the territory had_ not yet _reached the standard of the Nigerian schools, which tl;Irned out boys fitted for the clencal services. It was further stated that there were no means m the mandated territory of teaching t he natives trades such as were required by the Public Works and Marine Departments, except by sending them to Lagos, and that it was doubtful whether that would be i~ ~~eir own in_te:ests. Sh~ enquir~~ ~hether the mandatory Power ":'as considering the posstbthty of provtdmg educational facthttes for those purposes m the terntory itself.

Captain BuCHANAN-S?>IITH replied that no such measures were at present feasible, but pointed out that natives were being trained for other departments where- as the report stated -the training could be done in t he territory.

He stated , in reply to further questions by Mlle. Dannevig, that of the three E uropeans working in the Education Department in the Cameroons, one was in charge of the normal classes for the t ra ining of teachers.

Mlle. D ANNEVIG, commenting on the statement that most of the boys in the territory were anxious for clerical education, pointed out that, according to the t able of occupations of ex-standard VI schoolboys, there appeared to be fifty-nine teachers and only eight clerks.

Captain BuCHANAN-SMITH explained that , although most boys would probably like to become clerks, it was impossible to provide them all wi th clerical posts and that they had to take such employment as was available.

Mlle. DANNEVIG deplored the introduction of school fees, which had, she observed, led to a decrease in the number of pupils at one of the six Government elementary schools (paragraph zss).

Captain B uCHANAN-SMITH said that he personally had not been in favour of the introduction of fees at present and that he understood the Education Department had come round to the same view.

He explained fu rther, in reply to a question by Mlle. Dannevig, that the native adminis tration schools were essentially elementary and were meant particularly to help where no mission schools existed ; children could go on from them to the mission schools.

Mlle. DANNEVIG noted the active co-operation of the sheikh and his Council as a fa<:tor in the success of the Dikwa school, a situation which, as stated in the report, fostered 10 the boys " a p roper respect for native authority and institutions " (paragraph 280) ; that was entirely in keeping with t he proper fulfilment of the mandate.

Lord LuGARD observed that he had already commented on the apparently advanced syllabus in the elementary school at Dikwa, where " literary work " was mentioned. He _urged the importance of real elementary teaching on agricultural lines, and hoped that, _as 10 the Gwoza school, it would be recognised that " at present the chief need is to populartse school by passing as many pupils as possible through it and not to insist on too high a standard of efficiency either in literary or manual work " (paragraph 290).

Captain BuCHANAN-SMITH agreed, a nd said that that was the policy which was being pursued in the South Cameroons.

He stated, in reply to a question by Lord Lugard, that he would ask that the next rep?rt should contain information as to the progress that had been made in getting into touch wtth the Koranic schools.

Lord LUGARD , referring to paragraph 197. said he was surprised to hear t hat the rural elementary schools ·' tacked on a fraction of a middle-school training " ,and he asked what wer~ the subjects now to be omitted ? On the other ha nd , the reference to " the whole elementar) school syllabus ., including history and geography (paragraphs 280 and 286) in the new secillond· year syllabus in the Dikwa school seemed to go far beyong the simple agriculture and \' age crafts to which he thought it had been the policy to limit the rural elementary schools.

- 25 -

Captain BuCHANAN-SMITH replied t~at it was chiefly the teaching of English that would be omitte~ and that elementary educahon would be as far as possible on agricultural and practical hnes.

CINEMATOGRAPH.

Lord 1:-UGARD asked whet?er cin.ema films were exhibited in the territory and what was the policy tn regard to educational films.

Captain B ucHANAN-SMITH rep~ed that suitable films were being exhibited, though he was not sure whether those of .educational valu~ were read~. Under the Ordinance governiPg cinemas, a censor was appomted to see that films were smtable for native consumption.

:\.PPLTCATION OF THE UNDESIRABLE ADVERTISEMENTS ORDINANCE, 1932.

Lord .LuGARD hop~d that a certai.n class of pictoriaJ advertisements of whisky and other ~pirits whtch appear~d tn the loc~~ Afncan papers would be dealt with under the" Undesirable Advertisements Ordmance, 1932 .

Captain BucHANAN-SMITH pointed out that the Ordinance had been introduced with a riew in the main to preventing advertisements of undesirable medicines. He agreed that the other advertisements referred to by Lord Lugard might well be included.

ALCOHOL AND SPIRITS.

Count DE P ENHA GARCIA observed that, at first sight, the statistics given in the report !page 87) would seem t o point. to a decrease in the consumption of liquor ; the Government had increased the import duties and had made it more difficult to obtain licences. The predous year,1 however, the Commission had learnt that, despite the infliction of heavier penalties, illicit distilling-of palm-wine in particular-was causing grave anxiety. The question that now arose was whether the imposition of steadily higher import d uties had yielded satisfactory results or whether it might not be better to reduce those dut ies, so that the natives might be able to obtain liquor, at all events of good quality, and thus be discouraged from drinking their own pernicious products. He enquired whether the Government contemplated lnwering the duties on imported alcohol and spirits.

Captain BuCHANAN-S~nTH said tha t there was a considerable amount of illicit distiJling in the south, where many distillers bad left Calabar Province and had taken to the low-lying swampy areas in the mandated territory, a fact which rendered poJice action very difficult. ~evertbelcs'>, many offenders had been caught. The Administration had done all it could to prevent natives from obtaining tubing.

Wi th regard to t he ques tion of reducing the duties on gin, etc., this mat ter had been considered, but no decision had been reached. No action a long these lines could be taken without careful reflection ; it would be realised that a great deal of trouble might be caused by lack of appreciation of the true objects of such legislation.

Count DE P EN HA GARCIA hoped that the next report would con tain a statement of the policy which t he Government contemplated following in this connection .

P UBLIC HEALTH.

. The CHAIRMAN, referring to the statement in paragraph 317, t hat·· malaria is st ill prevale~t m .all districts", as ked whether the Administration was taking suitable steps to combat this eVll. Was there a shortage of funds or of medical officers?

Captain BucHA~AN-SMITH pointed out that, in West African countries where mosquitoes abound, the problem of combating malaria was largely one of clearing stations and villages. 31ost stations had now been cleared and much work had been carried out in many parts of the country i.n draining swamps in the neighbourhood of towns and villages. This work had done much to tmprove t he malaria situation.

,. The .CHAI~MAN pointed out that, in the Cameroons und~r Fren~h mand~te, the authorities lere t~kmg thts question very seriously . They were devotmg thetr attentwn not so much to mosqt~tto eradication- which was almost impossible in Africa-as to the t reatment of the malana patients t hemselves. He did not , however, wish to press t his point.

w· Lorrl LUGARD, referring to the implication in p aragraph 324 (leprosy) t hat the s~gregation ~- ~tem was not proving a success, said that he understood that the latest pract1ce was t.o ;egregate adults only in th e infective stage, and to take the children of lepers from t he1r Infected parents.

r Captain B ucHANAN-SMITH replied that the paragraph was not very clear. The author­ltes were in fac t following exactly the methods referred to by Lord Lugard. The object of the ---

I '-'• \! · ~ ltt:s;c, oft he Twcnly-<:econd Session , pag~ 16-~.

- z6 -

station was to encourage the infective lepers to come in. They were then also encourag d to work for themselves and to provide their own foodstuffs. e

Mlle. DANNEVIG noted {paragraph 324), in connection with the leper camp at Bulu in th Victoria Division, that, although seventeen houses and a dispensary had been erected a;d far~ land made available, so far t he scheme had not been a success, because, at present, there wer only four inmates who had been attended by the medical officer at Buea. Was there no wa e of compelling suitable cases to come to the camp ? She asked this because some fifty or sixt~ years ago there had been nearly 2,ooo lepers in Norway. As a result of compulsory treatment there were next to none· now. She wondered, therefore, whether some measure of compulsio~ to enforce segregation of infective cases could not be adopted in the mandated territory.

Captain B ucHANAN-SMITH thought that compulsory segregation would be a very difficult matter at present, owing to the opposition of t he natives. The mentality of the natives was still centuries behind the Norwegian mentality of even sixty years ago.

Mlle. DANNEVIG observed that the measures taken had been very unpopular in Norway at the time.

M. SAKENOBE, referring to the prevalence of yaws, noted that preventive action had only been undertaken in Bamenda and Mamfe.

Captain BucHANAN-SMITH replied that the work was being undertaken experimentally in these two districts. If the experiment were successful , the action would, he was sure, be extended to the rest of the territory as soon as the financial position improved.

M. SAKENOBE, referring to paragraph 322 (smallpox), noted that 666 deaths had occurred among an estimated population of ss ,ooo. As 14,000 vaccinations had been carried out by the end of the year, was the situation now under control?

Captain BucHANAN-SMITH replied t hat it was.

M. SAKENOBE noted t hat t he northern areas seemed to be ill supplied with medical officers. There were no medical stations in Dikwa or Adamawa. The need was obvious from the fact that 30,000 persons had been attended to by one single dispensary. Would it not be possible to increase the number of dispensaries or appoint a medical officer ?

Captain BUCHANAN-S~HTH referred to paragraph 331. which said that" a travelling medical officer had been posted to Adamawa Province whose duty includes touring the mandated territory ". This medical officer was constantly touring the country.

M. SAKENOBE was not satisfied that t his medical officer could adequately serve so vast an area. He hoped that more medical officers would be forthcoming ac; soon as circumstances allowed.

LAND TENURE.

Lord LUGARD, referring to paragraph 339, was glad to note-since this point had sever~! times been raised by the Commission-that extra land had now been provided for natives m the congested districts near the estates. ·

APPLICATION OF THE LEGISLATION RELATING TO MARRIAGE.

Count DE PENHA GARCIA said that it was not at all clear from an examination of the statistics for native court cases what the position was in regard to adultery and marriage. In some areas-Adamawa and Bamenda, for instance-adultery was definitely regarded as a criminal offence, but in other d istricts that was not the case. Civil cases in regard to adulte~~ however, were brought before the district courts-a fact which seemed to indicate a spec! jnridical system in connection with t his matter. He would be interested to know what the position was in the various large divisions of the territory.

Captain B ucHANAN-S:r.HTH said that under the native courts in some areas and in Mahommedan centres adultery was still regarded as a criminal offence, but that it was now generally realised, in the south at any rate, that it should not come within that. categor)d As regards marriage contracted according to native custom, questions of dowry, dtvorce an similar matters could be more suitably dealt with in t he native courts than in the Europea~ courts. Cases covered by the Marriage Ordinance-applicable to Christian marriages-wer tried in the European courts.

Count DE PENHA GARCIA said that he would be glad to know what difference was made. m regard to procedure, between adultery, from the civil standpoint , and other civil cases.

D EMOGRAPHIC STATISTICS.

h en in M. RAPPARD noted that although in most areas there were more women t an rn '

Victoria there were nearly twice as many men as women.

- 27-

Captain BucHANAN-~MITH said that this was mainly because the Victoria Province contained a large populaho!l of l abo~ers. who came from other parts of the territory, many of whom were unaccompao1ed by therr Wives.

CLOSE OF THE HEARING.

The CHAIRMAN thanked the accredited representative for his replies to the Commission's enquiries. He hoped that Captain Buchanan-Smith would be able to secure that answers to outstanding questions should be forthcoming in the next report.

Captain BucHANAN-SMITH said that he would endeavour to do so, and thanked the members of the Commission for their courtesy.

Captain Buchanan-Smith withdrew.

Iraq : Procedure to be followed in connection with the Examination of the Repor t by the ex- Mandatory Power for the Period January to October 1932.

M. PALACIOS wished t~ a;sk the Chairm~n to be go?d enough to state what s teps had been taken as a result of the optmon expressed m the prev1ous year by the Mandates Commission with regard to the petitions from the Assyrian community in Iraq received before the termination of the mandatory regime in that country.

The CHAIRMAN replied that, if he rightly understood M. Palacios's question, M. Palacios desired that he should explain to the Commission what had occurred in the case of the Assyrian petitions subsequent to the Commission's session held in November-December 1932.

His colleagues would remember that, on opening the last session 1 in J une 1933, he had briefly explained what bad happened at the Council meetings on December 5th and December 15th, 1932. On that occasion, be had said bow active a part M. Orts had played as the Commission's representative during the negotiations between the Committee of the Council and the Iraqi Government which bad occupied the period intervening between the two said meetings of the Council.

)[oreover, the members of the Commission had regularly received all t he documents concerning the question . He thought his best course was to ask M. Orts, who had been closely concerned in al l these discussions, to state what bad happened in connection with the opinion which the Commission had expressed to the Council at the latter's request on November 14th, 1932. Before calling on M. Orts to speak, he wished, however, as a matter of accuracy, to draw particular attention to the fact that the Commission's jurisdiction in respect to the Assyrian community in I raq had come to an end when it bad communicated its opinion to the Council. He would add his personal view that events bad seemed fully to justify the Commission's fears regarding the future posit ion of the Christian minorities.

Count DE PENHA GARCIA said that th e question was a very delicate one. The fact that the ex-mandatory Power had sent in a report showed clearly that the Commission was en~itled to discuss the events which had occurred up to the termination of the mandate. The delicacy of the situation was increased by the fact that several members of the Commission, and particularly M. Rappard, bad expressed an opinion, in spite of all the assertions of the representat ives of the United Kingdom, that they did not regard Iraq as being yet quite ~ature to assume all the responsibilities of independent government with so many complicated problems outstanding, particularly those relating to minorities. Facts had later sho~'n that the anxietv of the Commission was not extessive. He wished to make this statement m order that there should at least be no doubt as to the anxiety and personal feelings of certain members of the Commission.

~. 0RTS explained the way in which the Chairman and himself had carried out the mission before the Council entrusted to them by the Commission. .

The Chairman of the Mandates Commission and he bad been summoned to a pubbc meeting of the Council on December 5th, 1932. The Chairman had explained the Commissi?n's reasons for its apprehensions as to the future of the Assyrian~; be ~ad stron~ly empbastsed the dang.ers that threatened t hat community and recalled the disappomtrnen~s tt had suffe~ed . The Cha~rman of the Commission having proposed that M. Orts shoul? explam the concluswns reac~ed 1n the report of the Commission, the President of the Counctl had sug;gested. that ~he publtc debate should be closed, and that a sub-committee should be appomted, tn which M. O:ts could speak. The Sub-Committee had met on the same day, and M. Ort.s ~ad explamed to it, in the spirit of the d iscussions that bad taken place in the Mandates Commtsslon, the latter·~ anxieties and the j ustificat ions for the conclusion it had reached. . .

Iraq, now a Member of the League, was represented for ~his matter, bo.tb m the Counctl ~nd Su.b-Committee by Nuri Pacha, Minis ter for F oreign Affatrs, who, speaking after M. Orts, ad said that the Mandates Commission's conclusions to the effect that the only remedy was !~~cure .fC?r the Assyrians "a settlement in a homogeneous g:roup which ~ould confor~ to r eir tracht•ons and satisfy their economic needs" should be reJected . Nun Pasha bad gtv~n reasons nf nrious kinds, but the chief of them had been that there was not enough land m raq upon which to settle the Assyrians in a homogeneous group. --- ­' "e \1 ~ e- tnutes o r the Twenty-tlurd Session. page 12.

- z8-

M. Orts had observed that the official documentation placed at the disposal of the Mandat , Commission gave cause for certain do~bts in that respect ~nd .that, moreover, the fact w:~ forma~lf contested. T~e representative of Ir~q. had mamtamed that land in sufficien~ quanhtles was not available, and the same opm10n was held by the representative of th United Kingdom. e

The discussion had led therefore towar~s a ~earch for another solution. Invited to ado t the same method, M. Orts had thought 1t hts duty to refuse. As representative of tg Mandates Commission, he could not accept, in the name of that Commission, another solutio e from that which the Commission had recommended. His mission was merely to support an~ justify the reasons for the decision taken by the Commission, of which he was the representati\·e

M. Orts had limited to the above duty his contribution to the discussions of the Sub: Committee. The representatives of the Commission to the Council had therefore confined themselves exclusively to justifying the solutions recommended by the Commission, and had not in any way given their adhesion to a procedure the result of which would be to set on one side that solution. More recently, in J uly 1933, had occurred the events which had drawn the attention of public opinion to the Assyrian problem and had led the Council to examine the question afresh. Those events, which had occurred after the admission of Iraq to the League were not within the competence of the Mandates Commission. '

M. PALACIOS said that he was entirely satisfied by M. Orts's explanations, and congratulated him and the Chairman on their attitude before the Council. The greatest caution was advisable in examining questions affecting Iraq. Since Iraq had become a Member of the League, the Mandates Commission was no longer competent to deal with it. All the Commission could do was to embody the statements that had just been made in the Minutes, and to take it that the question was closed as far as the Commission was concerned.

M. 0RTS thought that he was correctly interpreting M. Palacios's statement by saying that if the Commission's competence had come to an end when Iraq had been emancipated, it wa~ nevertheless its duty to examine the last report of the ex-mandatory P ower, in which the latter rendered an account of its stewardship up to the expiry of the mandate-namely, to October 3rd, 1932. That report contained a section dealing with minorities, two paragraphs of which were devoted to the Assyrians and the old Bahai affair. Since the ex-mandatory Power had been good enough to send a representative to Geneva, and since, moreover, the Assyrian question was at the moment much in the public eye, it would seem strange that the Mandates Commission should affect ignorance of what had taken place. If the accredited representative, in accordance with custom, made a general statement on the situation in Iraq, he might voluntarily refer to the Assyrian question, failing which, the Commission would ask whether he had any objection to speaking of it. If he stated that he had nothing to say on the subject, it would be better not to insist. There was nothing indiscreet in such a question, addressed to an ex-mandatory Power which had recommended the admission of Iraq to the League, and had therehy accepted a moral responsibility which outlived the mandate.

The Bahai affair was different: the event had occurred during the period of the mandatory regime, the responsibility of the ex-mandatory Power was involved and there was reason to expect that the latter should render an account of the action it had taken, before relinquishing the mandate, to ensure the honourable settlement of the matter.

This was the last occasion for the Commission to insist that the recommendations of the Council in this matter should not remain without result. For that reason, M. Orts considered that the Commission should ask the accredited representative, with a view to the obser~ations on the report which the Commission would submit to the Council, whether he could g1ve the assurance that the Bahai question would be satisfactorily settled without further d.elay. It was important to take into account the fact that if, as a result of the dilatory attitude adopted by the Iraqi Government in this matter, even though of secondary importance, the recommendations of the Council could be ignored, any subsequent intervention which th~ la~ter might feel itself in a posit ion to institute for the benefit of other minorities would be prejudice~ in advance. If, on this matter, the last word did not rest with the Council of. the League 0

Nations, all the minorities in Iraq would have one additional reason for anxiety as to the fate which the future might hold in store for them.

?IL PALACIOS said that M. Orts had correctly interpreted his views. He had always thought that the mandatory Power ought to make a report covering the whole period d~wn to th~ expiry of the mandate. He also agreed with M. Orts that the Commission was entitled to as the accredited representative questions bearing on the last report. Any doubts he had ~1'ef.e concerned with the policy that the Commission ought to follow in asking those questwn~. The difficulties were those attendant upon the transition from one regime to anoth~r .. If tre accredited representative, in his statement, referred to the Assyrians, it would be d!ff1c~l~ 0~ the Commission to say nothing. Was it, however, still competent to express any opm~~n. In any event, its competence would only be retrospective in character. That was~ pro :1~ which showed how awkward it would be for the Commission to ask questions tha~ zmgh\en ~r observations on its part to the Council. It must not be forgotten that the Council had a r;a be come to a decision, in consequence of which the question was now out of the hands 0 t~at l\Iandates Commission . He would like nevertheless to know what other members felt on point , before forming a final opinion.

M. ORTS admitted that the apprehension expressed by M. Palacios d~d not troublf ~i: much. With regard to the Bahai , he was almost certain that the accredited. r~pres~nufd be would say that the question would be satisfactorily settled, so that the Comm1sston wo

- 29 ·-

able to say i~ its observations to the Coun~il that it had ~een happy to learn that the matter was progressmg f~vourably. The:e !emamed the question_ o~ the Assyrians. When it had beard the accredited r~prese~t<l;t1ve s answer, t_he Commtssto~ could decide whether the question shou~d be_mentJOned m 1ts report.. It rrught have nothing to say to the Council, but, at all events, tts 1\Imutes would prove that 1t had not regarded the question with indifference.

:\£. PAL_ACIOS said that ~h~ accredited repr~sentativ~ would be perfectly entitled to intimate pohtely t? the Commtsston that_ the Assyrtan_ questiOn no longer concerned it, because it had been taken m hand by the Council and was bemg followed by a special Committee.

l\1. ORTS agreed that the accredited representative might give such an answer about the .-\ssyrians, but not about the Bahai.

M. RAPPARD saw two dangers in this awkward situation. He was afraid that the Commission might exceed its powers-a danger that it ought to be the first to think of because he did not consider tha~ the Commission need fear any ~ep;oacbes from the ex-m~ndatary Power or the representat ives of Iraq. It was the CommiSSion s own business to see that it did not exceed its powers, but be was sure t hat it could rely on .M. Orts to prevent that.

The other dang_er was th~t t?e Com_mission might ap_Pear to the general public as a bureaucracy exP.ressmg humamtanan senhments as long as It was legally permitted to do so, and displaying the most utter indifference as soon as it was no longer competent. If the Comr~ission realised tho~e two dangers, _it could _show '~isd~m and caut_ion, both in putting questions to the accredited representative and m makmg Its observations to the Council. One thing was certain- that, for technical reasons of competence, the Commission could not express its wishes, hopes and fears as it would like to do.

The CHAIRMAN understood, from the second part of his statement, that .M. Rappard hoped the Commission would find somet hing to say to show that its mission had come to an end. If that were so, he entirely agreed. It ought at all events to be made clear that, although the Commission had no longer anything to do with Iraq, it realised that nothing had as yet been done for the Bahais. The accredited representative would, of course, be entitled to sav that the Commission was not concerned with events that had taken place in Iraq after October 3rd, 1932, but the Chairman wished to say that he had received from an authoritative source certain information which might justify optimism. He felt himself called upon to communicate the following information to the Commisc;ion, acting in a purely unofficial capacity :

The new Iraqi coalition cabinet, and more particularly the late King Faisal, had been all in favour of carrying out the settlement plan concluded between the Iraqi Government and the Bahais. The King had given to the representatives of this community, whom the Commission knew, his word of honour that the agreed plan would be carried through. He had ret· ewed this assurance in the presence of Nury Pasha, his Minister for Foreign Affairs, who had subsequently confirmed it himself. The plan agreed upon involved the execu tion of a new town-planning scheme of which the Babai houses were to form part. King Faisal had given the assurance that, even if this plan were not carried out, the houses would none the less be expropriated by the Government in connection with the building of a new bridge to replace or supplement the present so-called North Bridge across the River Tigris. His Majesty had been quite emphatic that in this way the settlement of the Babai case would be carried through as agreed, whether the town- planning scheme became effective or not. The King had further declared that the money necessary for the expropriation of the houses would be appropriated at the session of Parliament to be held in the spring of 1934. His :\Iajesty had left no doubt in the minds of those concerned that their mission had been well repaid and that the new State of Iraq was prepared to fulfil the execution of the settlement agreed upon.

Since that t ime had intervened the untimely and tragic death of King Faisal. . Since that sad e~ent, however, Nury Pasha es Sa'id, still Foreign Minister of Iraq , has confirmed t~es~ pr~'!!Ises of His late Majesty in the presence of His Excellency Yassim Pas_ha al ~~shi~m, )111Uster of Finance for Iraq. In addition, the interested partie~ h~d not~d with grahhcahon lha~ ~he present Government of Iraq had officially announced tt s mtent10n to carry out the pohc1es inaugurated by Hi'S late Majesty.

Count DE PENHA GARCIA observed that the ex-mandatory Power's report was the latest document available dealing with the position in Iraq when that country, so to speak, came of age. ~at the Commission ought to do was either simply_to note th~t document or to ask the accredtted representative for further information. Anytbmg that mtght have. happened after October 3rd, 1932, on which date Iraq had joined the League, was no longer wttbm the sphere of the Mandates Commission.

L "M. PALAC~os insisted on the fact that Iraq was now an_indei?endent State, Member of the a ~a~u~ of Nations, and that in consequence the greatest d~sc_rehon was necessary. To make h VII!, It was necessary to be alive, and the Mandates CommiSSIOn, so far as Iraq was concerned, ad already ceased to exist in October 1932.

-- 30 ---

FOURTH MEETING

Held on Tuesday, October 24th, 1933, at 3.30 p.m.

Iraq :Examination of the Report for the Period from January to October 1932.

C~ptain Vyvyan ~olt, Oriental Secretary of the United Kingdom Embassy at Baghdad, accredtted representative of the ex-mandatory Power, came to t he table of the Commission.

WELCOME TO THE ACCREDITED R EPRESENTATIVE.

The CHAIRMAN welcomed Captain H olt, who had been appointed by the ex-mantiatory Power in Iraq to assist the Mandates Commission in examining the report for the period J anuary 1st to October 3rd, 1932.

Before his colleagues submitted such questions as they might wish to ask, he would enquire whether Captain Holt, according to custom, desired to make any preliminary statement.

STATEMENT BY THE ACCREDITED REPRESENTATIVE.

Captain H OLT.-I should like, first of all, to thank the Chairman for his welcome to me. As regards an opening statement, perhaps I may be permitted to say a few words of

explanation. I realise, as the Chairman has pointed out, that it has been the custom in the past for the

accredited representative to supplement the information contained in the report by an opening statement, in which, generally, he has endeavoured to bring the narrative of events up to date, in its principal aspects, at any rate ; and also to complete the account of any incidents which may have begun, but which were not closed, during the preceding calendar year.

I n the present circumstances, I think it would be difficult for me to follow that practice. It is hardly necessary for me to remind the Commission that Iraq, for over a year, has been an independent State Member of the League of Nations, and, a lthough I am authorised to gire any explanations I can in reply to questions concerning events covered by t he report which is now before the Commission, it hardly falls within my province to offer remarks on the work of the Iraqi Government during the period of the independence of the Iraqi State. In these circumstances, and with t he concurrence of the Mandates Commission, perhaps it would be better to dispense with an opening statement, and that I should put myself at the disposal of t he Commission to answer questions.

THE BARZAN OPERATIONS.

M. ORTS said he would be greatly obliged if the accredited representative could give him some further information on certain points in the chapter in the report devoted to internal affairs. In connection with chapter 2, page 2, " The Barzan Operations", what had occasioned the disorders mentioned therein ? Was the population Arab or did it form par t of a racial or religious minority?

Captain HoLT replied that the Barzanis were entirely Kurd, and a branch of the 7:i~ar tribe. Their chief Sheik, Ahmad, who had three times in his experience claimed ~IVlne powers, had been the cause of the trouble, the prelude to which had been described in Section 9· page 13, of t he 1931 report.

l\1. ORTS asked whether this rising was symptomatic of dissat isfaction among the whole of the Kurdish population.

Captain HoLT replied that the answer was most definitely in the negative. The trou?Ie had been entirely local and had no repercussions among other Kurdish tribes. The Kurdish areas in the north of Mosul were, from a cultural point of view, less highly developed than those of the Suleimanyah and Erbil districts, where Kurdish sentiment was stronger and whei~C~ the petitions had emanated, which had been considered by the Commission at some of Ib previous sessions.

M. 0RTS had the impression that the mandatory Power was averse to allowing the Roy~! Air F orce to co-operate in the repression of movements arising within t he country . In t~Is case, h owever, the Royal Air F orce had taken rather energet ic action : in fact , its intervenuon had decided the course of events.

Captain HoLT did not know on what documents M. Orts based his interpretationt 0: Brit ish policy with regard to the use of the Royal Air Force. Before all else, he felt t~~- ·e distinction should be drawn between the maintenance of order on the one hand and repre~~I\ action on the other. had

The mandatory Power had felt that , so long as the United Kingdom Government ed special responsibilities, prior to the admission of Iraq as a Member of the League, it also ~b~en the responsibili ty for the maintenance of internal order. The policy pursued in I raq ha ate to allow the I raqi Government to shoulder as much responsibility as possible and only co-oper

-31-

'tb British forces when a situation developed which it was felt that the Iraqi army might "'\be able to deal with successfully without assistance. no At the beginning of ~hese oper~tions, .a~ ~ould_ be ~ee_n from the report, the Royal Air Force bad played a restnct~d role, 1ts achv1t1es b~mg hm1ted to r~connaissance and army o-operation work. On Apri13rd, however, the Iraq1 forces had met w1th a very decided check ~nd with the ~greement of t_he Ira_qi Goverll!Dent ~ wide~ role had be~n assigned to the Royai Air Force, wh1ch undertook mtenslVe operations Wlth a v1ew to hastenmg the submission of the insurgent tribesmen.

M. ORTS thanked the accredited representative for his explanations. He asked if the •· Assyrian levies" had been employed in this expedition.

Captain HoLT replied in the negative.

INCIDENTS IN CONNECTION WITH THE MAJ AWIR TRIBE AND THE KURDISH S URCHI TRIBE OF AQRA.

With regard to section 3, page 4, " Minor Tribal Disturbances", M. 0RTS asked whether this also referred to Kurds.

Captain HoLT explained that the incidents at Diwaniyah were a mere tribal affray between Ara_bs. The affair of Shaikh Shah~b _had occurred in ~he extreme _north of Iraq and was also a tnbal quarrel. In a country cons1stmg largely of a tnbal populatiOn, such incidents were almost inevitable from time to time, and their occurrence should not in any way be regarded as reflecting a state of general disorder or unrest throughout the country.

THE YAZIDIS.

)1. ORTS, passing to section 5, page 5, " The Yazidis ", observed that there had also been restlessness amongst the.;e people. Could t he accredited representative dispel the impression left by the report that the year had been rather an agitated one in Iraq, at any rate in the north. It was known, in fact, that there had been a certain restlessness among other sections of the population as well.

Captain HoLT explained that the paragraph concerning the Yazidis had been inserted in the report as a matter of general interest, with a view to throwing a little light on the peculiar conditions existing among this picturesque community. The problem was a religious and domestic one and could not in any sense be regarded as symptomatic of widespread disorders. All the occurrences referred to in this and other sections had arisen from entirely separate causes and were not in any way connected.

THE ASSYRIAN COMMUNITY.

M. 0RTS then referred to section 6, page 6, "Assyrians", which contained an account of events up to October 1932. These facts were well known to the Commission, which had considered this situation last autumn in connection with the Assyrian petitions. The accredited representative knew how deeply interested the Commi<>sion was in the question of the Assyrians and, generally speaking, the future of minorities in Iraq. The United Kingdom Govern ment had, of course, only been able to refer to the period covered by the mandate. !hat being understood, would it be possible for the accredited representat ive to add, for the mformation of the Commission, anything to the facts mentioned in the report ?

Captain HOLT, though reluctant to give a negative reply, felt bound to ask the )fandates Commission whether it would be in order for him to discuss with it a question which was already being examined by the Council.

)1. 0RTs explained that he was not seeking to satisfy any idle curiosity nor to listen to a recap!tulati~n of events which were in everyone's mind ; nor did he wi.sh .to int~rv~n~ i~ a quesuon which had been discussed elsewhere and which was no longer w1thm the )Urtsdictlon of the Commission. He wished, in view of the interest which the Commis!-ion had taken for several y~ars. in the Assyrian question, to provide the accredited .represe~tativ.e with _an o~portumty, 1f he so desired, of submitting to the Commission certa.m cons1d~rat10ns which rrught warrant the assumption that these questions would be settled tn ~n equttable ma~er, a~d that the future of the Assyrian people was not gravely compr?m~sed. If the Umted Kmgdom representative thought it undesirable to reply, he would not mstst.

. C~ptain HoLT said he had never for a moment supposed that M. Orts was raisin~ ~his hot~t In a spirit of mere curiosity. He quite understood that the .Mandates Co!l'm1ss1o~. :vmg been closely associated with this problem for so many years, sttll felt a_ keen mterest m \ e futu re of the Assyrians and other minorities. With regard to M. Orts's destre to be assured ~ a~ the future of the Assyrians would be safeguarded, and the question dealt with in an thqllltable manner , he could only say that the whole matter was in the hands of the Council of

e League.

Co H~ ~elt , however, that it was not for him to decide whether he could discuss with the mmtss1on a question which was pending before the Council. Before proceeding further, he

would ask tbe"Chairman to be good enough to give a ruling on the point.

Th The CHAIRMAN (M. Van Rees) agreed with M. Orts that it would not be wise to insist. e Commission realised the very delicate position of the accredited representative at the

32 -·

present time. He would be very grateful to him if he felt that he could give s supplementary information, but would not insist and would leave the matter to the accred?lll~

. , . d lteu representat1ve SJU gment.

Captain HOLT said t hat his reluctance to enter into this discussion should not be tak to imply that he had anything to conceal. He was indeed, as the Chairman had pointed 0 e!1

in a very delicate position. In t he circumstances, he did not think it fair that the :\l andat­Commission , consisting as it did of so many distinguished jurist s, should ask him to decide~, complex a problem of order and procedure. ~r,

He would be happy, however, in private conversation, speaking as an individual and in a informal capacity, to give to individual members such further information as he might ~ in a position to supply. Moreover, he would remind the Commission that the fullest account of all that had occurred concerning the Assyrians since the termination of the mandate \\"~­contained in the documents which had recently been before the Council, and no doubt an'~ member of the Mandates Commission could examine t hese documents if he wished. ' J

M. ORTS repeated that he did not insist. Surely, however, t he accredited representatire would have been the first to be surprised if the Commission, seeing that the report contained a chapter on the Assyrians, had not stressed for t he last t ime the importance it attached to the necessity of safeg uarding the destinies of this people, as of all the minorities in Iraq.

M. RAPPARD hoped that the accredited representative would not feel that the Commissio11 had shown any lack of courtesy in this connection. The members of the Commission must obviously- even though unofficially- feel an interest in t he matter, since t heir hopes had been disappointed and their fears confirmed. When dealing with other terri tories subsequenth· the Mandates Commission would be bound to remember what had happened in Iraq. -'

Mlle. DANNEVIG wished to ask a question in connection with the Assyrians which she thought would be quite in order. On page 9 of the report, paragraph 5, she noted that, althou~:h there was no vacant land suitable for Assyrian settlement in the Zakho or Aqra qadhas, " la~d had been found in several villages in the Dohuk and Amadiya qadhas . . . ", and also that ". families could be settled in the Dashtazi area if the water supply could be improved . ". Could the accredited representative state what kind of land this was and whether it was suitable for the settlement of Assyrians ? She had always understood that the Assyrians were best settled in mountainous count ry.

Captain HoLT said that, in the first place, the land mentioned was part of a scheme for the settlement of those Assyrians who had not yet been settled. The Council had taken note of this scheme in its resolution of December 15th, 1932, and had encouraged the Iraqi Government to proceed with the settlement. DetaiJs of these settlement proposals had beer~ included among the documents on the Assyrian petitions which the Mandates Commission had examined at its session in November 1932. The lands were not malarial at present, though what might happen if rice came to be cultivated he could not say. The ground was fer tile, and climatic and water conditions were good. It was, however, d ifficult to say whether anything would come of this scheme under present circumstances.

THE BAHA1 CASE.

M. 0RTS noted that section 7, page 10, " The Bahai Houses ", dealt with a question th?t had constantly occupied the attention of the Commission for five years. I n 1929, the Council, followi ng on a report of the Commission, based on obser'"ations submitted by the mandat~ry Power, had made certain recommendations for the settlement of this matter in a way which would compensate the consequences of the denial of jus tice suffered by the Babais. He wa~ grateful to the mandatory Power for the detaiJs on t his subject given in the report, but fel: that the Commission would be obliged to point out to the Council that, in actual fact, the Council's recommendat ions had not produced any result at the time when the mandatory regime came to an end. If the Commission found itself bound to ment ion this fact , he :rould be glad if i t were also found possible to add that the accredited representative bad conhnned what was said in the report -namely, that an arrangement was in sight which would be acceptable to the Bahais and that it might be hoped that the Iraqi Government w~:IUld ta~e t~e recommendations of the Council into account and would endeavour to apply this solut1?0 .~1

the near future. Although he had not insisted on his previous ques tion, he felt bound to msbt upon this one, because it had arisen in the course of the mandatory regime and ought 10

have been settled long before the expiration of that regime.

Captain HoLT said that, up to the time of the terminat ion of the mandate, _the representatives of the mandatory Power had kept in the closest touch with the ques~O~ · The position with regard to the Bahai houses at the time of the termination of the man a e had been described by Mr. Flood at the twenty-second session of the Commission.1 Since then. direct conversat ions- which could hardly be called negotiations-had taken place ~etwee:1

the Bahai representative and the Iraqi Government. It was difficult for him to g~ve ~d account of what had passed at these conversations, because no representatives of the u~r~i Kingdom Government had participated in them. As far as he was aware, however, the r:he Government fully intended to carry out t he arrangement reached, but not executed, ~eforeThe expiry of the mandate. The whole question had now become one of town planmng.

• See :\linutes of the Twenty-second Session , page ·fl·

-33-

'dea was that the Bahai houses should form a small square and that the roads should pass ~ound them. The buildings themselves would be adapted for public use, probably as a dispensary.

M. ORTS referred to t he sentence in section 7 : " a solution acceptable to the Bahai had been found ". D~d that mean that t his solution should be regarded as having been, in fact, accepted by the Baha1 ?

Captain HoLT. said t hat the solution described. to the Ma~dates Commission at the twenty-secon~ ~esswn had been ~c~epted ?Y the Bahat re.Presentatlve. He did not know if it bad been modthed subsequently m tts details, but the Iraqt Gover':lment was bound by its pledge to carry out the general lines of the plan reached under t he ausptces of the mandatory regime .

.M. RAPPARD said that the Mandates Commission had found itself in a situation of great difficulty in the matter of t he Assyrians and these Bahai houses. The Iraqi Government when under the mandatory r.e~me, had contrac~ed a ~ora~ debt. Now that . Iraq had' been emancipated, the Comm1ss1on had been depnved of tts n ght to press the clatm, but that fact had not suppressed the debt .

Captain HOLT said that M. Rappard's metaphor might be extended still fur ther , in that the duty of collecting the debt had passed to another body.

PUBLIC FINANCE.

M. RAPPARD, referring to page 20 of the report, section 21, and to the phrase " included in these additional credits was a sum of £7.500 paid to Imperial Airways, Ltd., in refund of Customs duty ch.arged in the past, a.nd from ~hich they were exempt by agreement ". He supposed that this payment was not m the ordmary course of Customs affairs, but referred to some past mistake which had been cleared up. ~

Captain HoLT replied that M. Rappard's assumption was correct. By the agreement under which it operated, Imperial Airways obtained certain Customs immunities. I n the early days, however, orders had not been issued to this effect to certain responsible Customs officials. Subsequently, the Iraqi Government had accepted Imperial Airways' claim for a refund and had made that refund.

j UDICIAL ORGANISATION.

M. SAKENOBE, referring to page II, section 8, asked whether all the British judges had now been appointed.

Captain HoLT replied in the affirmative.

FRONTIER BETWEEN IRAQ AND TRANS-j ORDAN.

M. SAKENOBE, referring to page 17, asked whether the exchange of notes mentioned implied any change in the frontier and subsequent demarcation on the spot.

Captain HoLT replied that these notes merely defined more precisely the frontier already existing between the two countries. It had not yet been demarcated. The territory trave.rsed by the frontier was a complete wilderness, and t here was, therefore, no urgent need for 1t to be demarcated on the ground.

EDUCATION.

Mlle. DANNEVIG, referring to section ro, page II, wished to congratulate the mandatory Power and the Iraqi authorities on the progress described in th.e final report. She wa~ glad to note that educat ion in I raq had been directed into more practical chann~ls, and tha! f~fty new elementary schools had been opened. The advice given by the Amencan CoJ?lmlsston and the Teachers' Conference, attended by 70 per cent of the Iraqi teaching prof~sston under the patron?ge of His late Majesty King Feisal, would be sure to have a happy mfluence on the education of the rising generat ion in Iraq.

CLOSE OF THE HEARING.

The. CHAIRMAN (Marquis Theodoli} thanked the accredited rel?resentative for the explanah?ns he had given and the United Kingdom Government for havmg been good enough to send htm to Geneva to assist the Commission in its work.

Cameroons under French Mandate : Examination of the Annual Report for 1932.

M. Besson, Chief of t he First Bureau of the Political Department at the French Ministry c1 the .C~lonies, accredited representative of the mandatory Power, came to the table of the ommtsston.

3

-34-

WELCOME TO THE ACCREDITED REPRESENTATIVE.

The CHAIRMAN was glad to welcome once more, in the name of the Commission, M. Besson accredited representat ive of the mandatory Power. '

M. Besson's collaboration had been of great assistance to the Commission. He had always shown great consideration and a desire to facilitate to the utmost the Commission' work. For that, the Chairman thanked him. 5

STATEMENT BY THE ACCREDITED REPRESENTATIVE.

M. BESSON.-With your permission, and in order to facilitate the Commission 's task, I will give you a brief account of the situation in the Cameroons in 1932.

I should like, first of all, to thank the Chairman and the Mandates Commission for the tributes they have been kind enough to pay me.

I am sorry I could not come here with my friend Governor Bonnecarrere, who is detained by the duties of his office in the Cameroons. This high official is engaged in most valuable work there, as you will have observed in reading the annual report.

The mandatory Power has pleasure in informing the Mandates Commission that the budget of the territory for 1932 shows a surplus of 2,700,000 francs, according to the latest information which it was not possible to include in the annual report. The final results show for the speciai budget a surplus of 2,700,000 francs, and for the railway budget a surplus of 730,000 francs. Moreover, the reserve fund represents liquid assets amounting to 7,300,000 francs. Those are the figures given in the Decree of August 22nd, 1933, fixing the final accounts for the financial year 1932.

The revenue obtained amounted to 56 millions, and expenditure to 53 millions. I would remind you that the financial year 1931 closed with a deficit of 3,725,000 francs, so that the 1932 budget has provided a most favourable result. This result is particularly noteworthy, because, in respect of the revenue for 1932, there was a decrease of more than soo,ooo francs on the capitation tax, of more than 4 millions in taxes levied principally in respect of Customs duty on imports and exports, and of more than 700,000 francs on the proceeds of industrial under­takings, the total loss amounting roughly to 6 million francs. Notwithstanding this loss, the territory has succeeded, not only in establishing a financial balance, but in paying into the reserve a surplus amounting to more than 2 millions. This result has not been obtained by increases in taxation. M. Bonnecarrere and the mandatory Power were too solicitous of the interest of the natives to add to the taxes already imposed upon the inhabitants of the Cameroons, at a time when the natives were experiencing a severe crisis. These results are, above all, the outcome of stringent economies. Economies have been effected in the staff of t he general administration, in the staff of the financial services-that is to say, the posts and telegraphs and public works-in the expenditure on material, and in miscellaneous expenditure, such as the travelling expenses of staff within the territory and of the colonial staff to France.

It should be noted in passing that, in spite of the economy of 10o,ooo francs effected on the printing of the annual report , the French Government has succeeded in preparing what will be found, we hope, to be a sufficiently complete report.

The mandatory Power, however, thinks that it is impossible to go further in the way of economy. The administrative staff in the territory consists of only 78 European administrators and 108 European civil agents, while allowance has to be made for leave of absence. Consequently, it seems very difficult to do more in the way of reductions in the budget, as far as the general staff is concerned.

A notable decrease has been effected in certain transfer taxes on a very large number of products. For example, t he circulation tax on cocoa has been reduced from 150 to 50 francs. Export duties have been reduced by 20 per cent for palm kernels and by 50 per cent for pal_m oil. Railway rates have been reduced, and this reduction has led to an increase in traffic. This consequence is remarkable, and supplies an argument for certain discussions in the home country.

The joint efforts of the local administration, under the auspices of the Gover~or Bonnecarrere, and of the producers of the Cameroons have enabled us to hold our own desp1te the crisis. More, a comparison of the general trade figure for 1932 with that for 1931 proves that actual progress has been made. I will quote a few figures: in 1931, imports amounted to 30 ooo tons and exports to 89,000 tons; in 1932, imports rose to 31,000 tons and exports to 99,000 tons. Thus, the tonnage in 1932 exceeds that of 1931 by more than n,ooo ton.s. Unfortunately, there has been a setback, not in the tonnage, as I have just explained, but LO

the value of the goods. Prices of colonial products, as you know better than I do, have fallen to such an extent that the value of imports and that of exports have natura11y decre~sed very considerably. The drop amounts to some 30 million francs as compared wtth I931·

Nevertheless, the figure for commercial transactions, which was adverse in 1931, is favour~b~e in 1932 to the extent of more than 10 millions. In this connection it is interesting to note t a ' from 1931 to 1932, the production of cocoa increased from 10 to 13 millions, and of palrnet~o; from 33 to 41 millions. The main reasons for this increase are, firstly, that natives are engag~:. more and more in the cultivation of cocoa, particularly as they have none of those labour1~0\~ which European planters have to bear. Furthermore, the natives are making fresh e ~r,; in the cultivation of coffee, which is increasing in importance as a native product. A e months ago Europeans started banana-growing, with apparently very satisfactory results.

- 35-

In order to facilita~e the devel?f>ment of European agriculture, particulatly planting, which bas been badly hit by ~he cn s1s,_ Governor B<?nnecarrere authorised, by a Decree of December 4th, 1932, t he formation of agricultural syndicates. In France, t he law on syndicates is that of r88 r. _It allows groups_ to form _syndicates havin~ civil personality, and consequently possessing effective means of action. Without the formation of legally recognised syndicates no such means of action would be available. The main provisions of the law of 1881 hav~ therefore been e~tend~d to t~e territory. of the Cameroons, so tha~ the planters can now form syndicates. Tb1s pohcy assist s them m many ways, and particularly in marketing their produce.

At the end of 1931, an A~~cult';!Tal Mutual Cr~t Ban~ was established .. It does not yet possess very large funds, but It IS a frrst s tep. It will certamly help planters 10 t heir efforts.

You are aware that the Government asked the French Parliament to vote a loan of r so millions. You also know tha t this proposal was discussed, and that t he Senate would not agree to a loan of that amount. The figure was reduced to 25 millions, a sum representing solely the repayment t o the Reser~e Fund of the. ~dvances made _for large-scale works, t he payment to t he same fund of a sum mtended to facilitate the operation of the clearing account for bananas and rubber, and the provision of the 5 millions required by the Agricultural Credit Bank with which t o start business. The French Senate voted this loan of 25 millions in July; but just as t he Chamber of Deputies was, in its turn, about to reach a decision, its session came suddenly to a close. The Chamber has now once more had this Bill, already approved by the Senate, laid before it .

The annual repor t contains an error which I must rectify verbally. I know how carefully the Mandates Commission follows the question of subsidies. The material error to which I wish to call your attention is this : on page 55 there is a lengthy list of subsidies, whereas last year a promise was given that the figure of 25,000 francs for the Cameroons would not be exceeded-in fact, it has not been exceeded.

As regards native policy , it may interest you to know that M. Bonnecarrere has been engaged ever since his arrival upon a very intricate piece of work-the codification of native customs. He hopes to produce a clear and precise code of native customs.

Also in t he matter of native policy, the second question with which M. Bonnecarrere and the mandatory Power are occupied is the re-organisat ion of t he system of native authority-a delicate and impor tant question.

Lastly, M. Bonnecarrere has been engaged in an enquiry with a view to the improvement of public health. Mme. Bonnecarrere has recently founded-wi th equal zeal and success-the Berceau africain in the Cameroons, just as she founded it in Togoland.

At the beginning of the report for 1932, you will find a number of pages referring to t he period 1922 to 1932. They form a brief retrospect of the effor ts made by the mandatory Power. Last year 's report on Togoland contained a similar survey, so t hat it was logical and natural that this yea r the report for the Cameroons for 1932 should follow suit.

I should not like to close this very rapid account of the budgetary and economic situation of the Cameroons without saying that that situation is due very largely to t he effor ts of Governor Bonnecarrere and his officials, who have consented, in the higher interests of the territory, to drastic reductions of salary, and cuts in allowances by as much as 20 per cent.

The CHAIRMAN thanked M. Besson for his statement ; he also t hanked the mardatory Power for having inserted at the beginning of the report a short historical survey of t he ten years of the mandate.

PLAN FOR THE CODIFICATION OF NATIVE CUSTOMS .

.ll. 0RTS asked the accredited representative whether he was in favour of the scheme for codifying nat ive customs.

. ~I. BESSON replied t hat t he m atter was s till under examinat ion. The intention of the ~~her authority was to provide its agents who had to dispense justice in. the court~ <?f the

hrst category "-and even in those of the" second category "-with a soh_d and sufficiently homogeneous ground work in order to attain a more or less stable legal practice.

. M: 0RTS supposed t hat , in so vast a territory, customs varied very greatly. Was it t he IDtentton to unify t hese cus toms?

M. BESSON replied in the negative. Liberal account would .b~ taken o~ the di~ference~ in cu~to~s. The idea was to prepare a sor t of vade mecum for ~d~~1s~ra!ors tn t he d ispensation of Jushce and t he general supervision of the region under their JUnsdictwn .

. Lord LUGARD observed that native customary law was not static. It was constant~y bemg adapted to change of conditions. This was more t han ever the case at .P~esent, m ~onsequence of contact with Europeans. Moreover, there was t he gre3:t difh~ulty of horoughly understanding the real motive and meaning of customs and sanctions which were

hften due to beliefs which the natives were not willing to disclose. Personally, for these reasons, e had always regarded it as inadvisable to at tempt to codify nat ive law and custom.

an M. BEs~oN explained that the French colc;mial3:dministratio.n ~ad alre~dy codified Malgache st d An~arrute customary law, without any mte~t~on ?f estab~s~g an Immutable code. As tat~~ In the repor t it was thought that a codiflcahon of civil customs would enhance the

s abilit ' · · bili"t Y of the conventions and safeguard them. That did not connote 1mmuta Y·

Mlle. DANNEVIG noted (on page 2II) that a circular dated October nth, 1932, address to the heads of districts, referred to the codification of customs. She asked whether theed heads of districts would be capable of answering so detailed a questionnaire. se

M. BESSON replied that the heads of districts in question were white officials and not natives.

Count DE PENHA GARCIA thought that the preparatory work in connection with th proposed codification should make it possible to obtain the information required in order 1e enable the authorities accurately to gauge the degree of social and mental development of th~ natives. Personally, he felt that, in an undertaking of this kind, there was some danger of confining the enquiry within too narrowly legal limits. The enquiry should be comprehensire and should be an attempt to fathom the native mind. This was the method which would be adopted in Portuguese territories, where the enquiry would be allowed to transcend the narrvw limits of juridical relations. Certain administrators would make enquiries on these points but other specially qualified officials would endeavour to gain a knowledge of native thought and life and, above all, religious beliefs and practices-a very important point. The work of these officials would be partly based on t he results obtained by the administrators.

There seemed to be a certain contradiction in the procedure which would be followed in the Cameroons under French mandate; according to the statement of the accredited representative, the administrators to whom he had referred, who were admittedly not yet fully acquainted with native customs, would themselves be responsible for carrying out this

· work of codification.

M. BESSON replied that the French administration, which had experience in this matter was not unaware of the difficulties. In the first place, the enquiry would not be conducted by young colonial officials fresh from the " Ecole coloniale ", but by district officers of long colonial experience and well acquainted with native mentality. The work would take far longer than seemed to be thought. The information would be collected by a committee on codificat ion of customs, and that task in itself would certainly take a long time. Then the Governor or the Commissioner of the Republic would submit this work to the central authorities in Paris, who would take a final decision. The undertaking was a highly important one, which would not be hurried or scamped in any way.

Count DE PENHA GARCIA insisted that the scope of the enquiry should not be too restricted and should include an investigation of native social life and an endeavour to comprehend the native outlook. The text of the circular did not seem to indicate an investigation on these Jines, but he had been reassured by the explanations of the accredited representative.

M. BESSON added that the Administration of the territory was conducting a parallel enquiry into the organisation of native society and, in particular, the native hierarchical system, which would allow M. Bonnecarrere to form an accurate opinion of the working of the system and to decide whether the framework of the native community was or was not solid both in the more predominantly Islamised north or in the more definitely collect ivised south.

Mlle. D ANNEVIG asked whether the officials who would conduct the enquiry were sufficiently well acquainted with the native languages to be able to dispense with interpreters .

M. BESSON replied that most of these administrators had a sufficient knowledge of the native languages, which were, moreover, rudimentary.

M. MERLIN agreed that M. Bonnecarrere, with his legal training, was the person best qualified to carry through an undertaking of this kind. Personally, he had always hesitated in face of the difficulties of compiling a collection of customary laws and usages. These difficulties were particularly great in the Cameroons owing to the differences between the nomad I slamised peoples of the north and the forest pagan peoples of the south. Such peoples possessed practically no common traits. Another danger of a collection of customary laws, to which he would draw the attention of the local authorities, was that when once a custom had been committed to writing it tended to become extreme, formalistic and adjectival, if not at once, at any rate later. If the collection of customs and usages were intended to serve as a guide for administrators there was nothing to be said, but if it were to be something more than that it might become dangerous in that it would stabilise native society at a given time, a condition from which the people would later find it difficult to emerge. This danger was all the greater in a young country where, owing to the presence of white men and the tendency t~ imitate, native customs were likely to undergo evolution. Colonial law was in a state o perpetual flux: if it were to be a living law, it ought not to be crystallised.

Lord LuGARD said that he was glad to hear that an administrator of such great experience as M. Merlin expressed an opinion identical with his own.

M. RAPPARD, though he quite understood the dangers of codification men.t i~ned by M. Merlin, observed that without some written documentation it would be very dtfhcult fo~ French administrators, who were constantly changing, to get their bearings in the matter 0

1 native customs. Naturally, steps would be taken to ensure that existing custom should no conflict with codification, but a vade mecum, as described by M. Besson, would probably free administrators from the necessity of relying exclusively on the statements of pleaders.

M. BESSON confirmed M. Rappard's observations. He drew attention to the pa~sage -~~ page 63 of the report which mentioned the importance of this undertaking in connectwn WI

the punishment of crime. Further, he took note of M. Medin's remarks.

- 37 -

M. PALACIOS thought. it \~ouJd ~e u~eful to carry out the proposed enquiry which would form a supplement to prev1ous mvestlgahon~ made ~y lawyers and sociologists, by the Germans in particul~r, who, even aft~r the loss of the~ colorues, had recently published a b~ok on native Jaw in the~ fon~er ~ssess10n~. Th~ en~mry s~ould , ~ Count de ~enha Garc1a suggested, include an mvest1gat10n of nat~ve .s<?c 1allif~. Th1s enqmry would be mteresting sociologically and would also possess great Jundtcal we1ght. In fact, he thought that M. Bonnecarrere's circular of October nth, 1932, was quite justified.

}\,HIVE ADMINISTRATION : QUESTION OF THE PARTICIPATION OF THE NATIVES IN THE ADllliNISTRATION OF THE TERRITORY.

Lord LUGARD said that the statements on page 73 of the report seemed to show that there was a certain restlessness among the educated classes of the Duala. What future lay in store for this category of the population? Did the mandatory Power intend to accord it a share in the admin istration of the country ?

M. BESSON replied that that was the whole problem of the evolution of colonial peoples ; to what extent should t hey participate in the administrative and political management of the country? The Administration was fuUy aware that the greatest prudence must be exercised in this domain . Natives were gradually being given opportunities ; they were being admitted to the administrat ive council and Councils of Notables, but the problem was a delicate one. In order to avoid raising irrealisable hopes, or dashing realisable hopes to the ground, it would be preferable to avoid a discussion of thi s subject before the Commission.

Lord LUGARD thought that the future of the Europeanised African, and the part he should play in the future of tropical Africa, was perhaps the most difficult problem which confronted the European Governments. He would have been glad to have had some general indication of French policy in this connection, but he fully appreciated the reasons for M. Besson's reticence .

. :r. BESSON said he would not wish to commit his Governmen t by expressing a personal opm10n.

Lord LuGARD noted on page 71 the statement that the lamidos and sultans retained practically all their traditional authority, but he found no mention of the councilc; of native chiefs, a very impor tant and truly democratic institution in this part of Africa. What poc;ition did the French authorities accord to village councils and the councils of important chiefs?

~f. BESSON asked Lord Lugard whether he referred to Councils of Notables.

Lord LuGARD said no. The Councils of Notables consisted of persons chosen by the Government; he was referring to councils chosen by the people themselves in accordance with native custom.

M. BESSON replied that it should not be forgotten that the Cameroons was a territory under direct administration ; the situation was not the same as in British territories.

Lord LUGARD noted that the sons or successors of chiefs were very rightly being educated with a view to fitting t hem for their future duties. Was there not, however, a danger lest by giving them a literary education, and separating them from other pupils, they might lose touch and influence with their people, and become merely Europeanised agents?

)1. BESSON replied that this was an inevitable result of the continual penetration of the Administration throughout the territory and of the tendency of young men to come to the centres.. I n this way, they increasingly lost touch with the tribal sun:oundi~gs. That was a fact wh1ch ought to be taken into account and was a form of evolut10n whtch could not be retarded .

Lord LUGARD explained that he was referring, not to the migrat.ion of !hese young ~en, but to the schools in which they received a European education outstde the1r normal orb1t of life.

M. BESSON explained that these were not special schools for the sons of chiefs, but high schools which any native could attend.

ADMINISTRATION OF THE KIRDIS.

Lord LUGARD congratulated the mandatory Power on the success of its efforts to. induce the pagan hill tribes to settle in the plains as farmers. It woul~ seem, however , that m some cases Moslem chiefs had been appointed over these pagan tnbes. He presumed that the mandatory Power did not wish to Islamise these tribes?

. M. BESSON explained that the Kirdis from t he mountains could quite well live side by side ~;~h the ~ore developed Foulbes of the p lains. That was why they had ~e.en pl~ced un.der : sle~ ch1efs. The latter were themselves under the control of the Adm1mstrat10~ , wh1ch, ~dter:n.tory ~nder French mandate, was t he real chief. In this parti~u lar case, the a1m of t he

.mlmstrahon was not to place the Kirdis under Moslem rule, but stmply t o enable them to &atn a livelihood.

-38-

DEVELOPMENT OF THE NATIVE POPULATIONS : RoLE OF THE MISSIONS.

Mlle. DANNEVIG noted (page 72) that the missions were continuing their campaign again·t polygamy. On the same page of the report, however, it was said : s

" Thus, polygamous families are tending to disappear and, with them th authority of the tribal chief, which weakly totters when the women-those perpetua~ minors under customary law-become emancipated ";

and, further : " The younger generation, mostly converts, have also partly lost their respect for

the traditional chief, who does exactly what they have been taught not to do " ;

and, again : "The immediate effect of the conversion of the chief himself is to discredit him

in the eyes of those watchful guardians of customary tradition, the notables, and to deprive him of the support of these notables, who ought normally to be his staunchest supporters."

Could the accredited representative give any further information on this subject? Did he think that the missions were pushing ahead too fast, in view of the present stage of development of the inhabitants-a fact which might perhaps explain t hese passages in the report? Did the authorities contemplate taking any steps with a view to avoiding these dangers?

M. BESSON replied that doubtless Christianity, by developing an individual conscience, might affect native customs and undermine the authority of the chiefs. The question was, whether it was better to have a Christian population, less respectful of its chiefs, or a population submissive to its chiefs but uninfluenced by the Catholic or Protestant churches.

Mlle. DANNEVIG had the impression that difficulties of this kind were more noticeable in the territory under French mandate than in the neighbouring territories under British mandate. Perhaps this was connected in some way with the type of education given. Might not the sons of chiefs lose contact with the tribe which they would come back to govern later? Conditions of life in Africa were very different from those in Europe. Would not the natives need leaders with respect for their own native customs and what was valuable in their moral traditions? The aim, she thought, should be to make them good Africans, and not caricatures of Europeans.

M. BESSON believed that the problem was a wider one-namely, whether, after felling the old tree of antiquated customs, it would be possible to implant sufficiently quickly a new civilisation in its place.

Mlle. DANNEVIG thought that the education provided by missionaries might bridge the gap between the past and the future, and facilitate the change.

M. BESSON said that the mandatory Power relied greatly on the missions to aid it in its task, but there was a financial problem : the missions, at any rate in the F rench Cameroons, had not sufficient resources to allow them to develop as they would like.

Mlle. D ANNEVIG asked whether the missions could not be granted more assistance by the Administration , as was the case in the Cameroons under British mandate ? The sum of 63,000 French francs did not seem much for such a large population.

M. BESSON drew Mlle. Dannevig's attention to the considerable amount of money granted to the missions. In addition to the 63,000 francs mentioned on page 139, there was a whole series of bonuses for good work. The comparison between the two territories under m~ndat.e, to be complete, should perhaps take account of the non-denominational education provtded m each territory.

RELATIONS BETWEEN THE DUALAS AND THE ADMINISTRATION : MANGA BELL PETITION.

M. RAPPARD, as Rapporteur for the Manga Bell Petition, asked for explanations concerning the following passage on page 73 of the annual report :

" Commonsense has triumphed at last. There is no longer any response to the incessa~d demands from abroad for money. The Duala have squandered considerable .sums III

pursuit of their illusions, without the slightest result. They regard the experunent as closed."

M. BESSON explained that shady lawyers outs ide the territory had been. ~btai~ing considerable sums from the Duala in order to uphold flimsy claims against the Admmt.stratwn. As the Duala had stopped sending money, the shady lawyers gave no further sign of bfe.

M. RAPPARD was surprised that not a word had been said on this subject for the Jast tW~ years ; did that mean that the interes ted parties had received satisfaction, or that they ba lost hope?

-39-

M. BESSON explained that the petitions did not really emanate from the Duala, but from

1 wyers like Manga Bell. These latter, the manna having ceased to fall into their hands no tnger approached the mandatory authorities. The problem was not a new one for' the ;rench Administration, since it had occurred in other colonies.

)1. RAPPARD said t~at, in order to form an. opinion on the question, the most decisive factor was, ,he ~bought, m the present very ru~unentary state. of the documentation at the Commission s dtsposal, the .fact tha.t the ac~redited represen~attve was able to state that the distribution of land was bemg contmued, With the co-operation of those inhabitants who had formerly actively resisted this policy.

~1. BESSON said that the allocation of land was proceeding quite satisfactorily.

The C~A1RMAN aske~ the accredited representative whether he thought that complaints on this subJect were now hkely to cease.

M. BESSON replied in the affirmative.

ECONOMIC EQUALITY.

M. VAN REES drew attention to the following passage on page 25 of the report :

" Export Bounties.-The Cameroons benefit, like the colonies, under the laws promulgated to safeguard the cultivation of coffee, india-rubber, bananas and manioc. These products receive export bounties paid from the portion a llocated to the territory from the yield of the special tax lev ied in the horne country on their impor tation. "

As long as this measure applied indiscriminately to all producers of these product s-as was at present the case- nothing need be said. Nevertheless, a new Law of August 6th, 1933, rounding off this system of bounties , laid down in its first article, which was applicable to the territories of Togoland and the Cameroons under French mandate :

" The right to the bounty instituted by the Law of March 31st, 1931, and the subsequent laws is conditional, in the case of traffic served directly or indirectly by a French line, upon transport under the French flag of the colonial products benefit ing by the bounty."

There could be no doubt that, by making the grant of bounties subject to the proviso that the raw materials mentioned in this law must be transported in French bott oms, none of the prodacers could contemplate causing his goods to be carried by foreign lines. If, in point of fact , the Government granted to producers, as long as the present crisis lasted, certain bounties intended to safeguard their means of livelihood, provided they sent their goods in French bottoms, foreign lines would in practice be excluded. It was true that Article 2 of the Law of August 6th, 1933, permitted certain exceptions to the rule laid down in Article I , but these exceptions were only allowed in certain specifically defined cases, so that they did not amount to an attenuation of the tendency shown in Article r to accord preferential treatment to French shipping.

How could this tendency be reconciled with Article 6 of the mandate for Togoland and the Cameroons, which laid down, inter alia, that the mandatory P ower must "ensure to all nationals of States Members of t he League of Nations, on the same footing as to his own ~ationals, freedom of transit and navigation and complete :economic, commercia l and Industrial equality " ?

Following on a remark by M. Rappard, M. Van Rees then explained the work ing of the system which amounted to the levy , at the time of importat ion, in the home country, of a special tax which was then refunded to the territory for the benefit of exporters.

~1. BESSON explained that, owing to the fall in the prices of raw materials in ~he colonies, the French Government had adopted a policy intended t o protect t hese raw maten als. There were two possible ways of doing this. Export duties could have been reduced, but t hat would have contributed to the collapse of the budget. The other method was to. ask ho:~ne consumers to make a sacrifice by which colonial producers would be saved. On a senes.of gtv~n products, the French Custom s levied a duty of a few centimes. T~e sums .t~us obtamed d td not go .to swell the French budget but were paid into a fund from wb1ch substdtes were granted to colomal producers in proportion t o t he amount of these products exported. The French Government felt that it !'hould extend to the mandated territories the benefits of this measure, the burden of which was borne by home consumers. . .

The system operated as follows: In the territory, local commtttees apporttonec;I par t of the ~ums among the producers, whatever their nationality might be, a~other part bet~g reserved or. ~he purpose of agricultural improvement. As a set-off to t~s burden and m order to ~acil~tate the arrival of these product s in France, shipping compames had been asked to make .Peclal arrangements which were necessary for the transport of cocoa, b ananas, etc. Mor~over, It should be remembered that only French companies applied the e ight-hour day. Fmally, they were obliged to quote very low transport rates. . . b The quest ion whether this measure adversely affected the mterest s of the terntor y bad een very carefully considered . The conclusion had been reached .that, on the _co~trary , su~h !11easures were in harmony with the spirit of the m.andate an~, wtt~out co!ltrad1ctmg the pnnc!ple of economic equality, was both equitable and 10 conformtty wtth the mterests of the

40-

territory under mandate and its producers. It should further be noted that Belgium h adopted the same methods in the case of certain products coming from the Congo Basin wht~ was also subject to an international regime of economic equality. Finally, the rel~tive~ sound econom~c position of the Cameroons with its favourable trade balance was the resuft of these bounties.

M. VAN REES pointed out that the Commission had not to consider whether such a system applied to the part of Equatorial Africa governed by the Treaty of St. Germain : it was only concerned with territories under mandate. Without in the least denying that the bount system might be good for the mandated territory, he still felt that, if the Cameroons producfr were pro~ised a bounty provided he loaded his goo?s in French b?ttoms, that amounted to a preferential treatment of the F rench merchant marme to the detnment of other marines. It would be seen, moreover, that this was the aim pursued if reference were had to the opinion expressed on behalf of the merchant marine committee of the French Chamber on the Bill submitted by M. H enri Tasson, which showed that the Bill was intended to protect national shipping as well as colonial production. From the point of view of equity, it might perhaps be argued that the F rench taxpayer who paid for t he bounty was entitled to compensation but that was not a point of view which could be shared by the Commission, whose duty it w~ to ensure the strict observance of mandates law.

The CHAIRMAN asked whether, supposing the vessels of a foreign shipping company possessed the same equipment as the F rench vessels, the mandatory Power could refuse it the same advantages without laying itself open to the reproach formulated by M. Van Rees ?

M. BESSON maintained that the French Government did not see in t his measure any real infringement of the principle of economic equality. On the contrary, it regarded i t as a measure taken in the interests of the welfare of t he inhabitants of the territory.

M. RAPPARD could admit t hat bounties be granted solely on products exported to France ; but to go further and to require that these products be exported in French bottoms was quite another matter. I n these circumstances, the provision of cold storage, the observance of an eight-hour day, etc., seemed to him to be beside the point. What remained of the principle of economic equality if the French Government, wh ich could always tax its nationals in order to encourage national transport or shipbuilding enterprises, made the payment of a bounty subject to the utilisation of F rench transport? Vessels not flying a French flag could not compete on equal terms. I n this instance, in fact, it looked as though the mandated territory was made to benefit French interests to the detriment of foreign competition.

T he CHAIRMAN quoted, as a hypothesis, the case of a Dutch vessel proceeding from the Cameroons to Marseilles. This vessel would practically be p revented from transporting Cameroons products, owing to the fact that the goods i t transported would not obtain the bounty.

F IFTH MEETI NG

Held on Wednesday, October zsth, 1933. at IO.IS a.m.

Cameroons under F rench Mandate : Examination of the Annual Report for 1932 (continuation) .

M. Besson came to the table of the Commission.

ECONOMIC EQUALITY (continuation).

Count DE P ENHA GARCIA said that it was essential to know whether t he measures taken by the mandatory Power in the matter of exports and export bounties affected the principle of economic equality. If those measures had the effect of creating a privileged situation io the territory, the question of economic equality was at stake. Could a country other than ~he mandatory Power also grant a bounty to producers and enjoy the privilege of transporting products, like the mandatory Power?

M. BESSON stated t hat the law contained no provisions to that effect.

The CHAIRMAN thought it would be useful if the accredited representative would draw the att ention of the mandatory Power to the necessity of 1inding a solution, so that goods transported in vessels not flying the French flag might enjoy the same advantages . He thought that the law under discussion admitted the possibility of exceptions . If provic;ion were, in fact, made for exceptionc;, it was to be hoped that a solution would be found without it being necessary to change the law.

The Commission might express a hope that the F rench Government will take the necessary s teps t o ensure the principle of economic equality being respected in regard to the Cameroons and Togoland under French mandate.

M. RAPPARD agreed .

-41 -

M. BESSON said that he. w?uld repo~t to h~s Government the various points of view expressed by members of the Commtssion on this subJect.

ASSISTANCE TO CHILDREN OFF AMINE-STRICKEN KIRDI TRIBES.

Lord LuG~RD ref~rred .to La Missi~n d' Assistance described in the last four paragraphs on pa"e 124. This consisted m the handing over to Fulbe (Moslem) heads of families children whbom the~r parents had be~n fo~ced ~o ab~do~ on accoun.t of the famine among the Kirdi {pagan) tnbes. I t was precisely m th1s way, m trmes of famme, that the Fulbes had obtained children in the old slave-dealing days, and he feared that the action of the Government would be misunderstood both by the Fulbes and the pagan peoples as helping the former to obtain children-sla~~s. It was obvious that they would not be anxious ~o receive them unless they hoped to ut1hse them as formerly. Lord Lugard asked whether It was not possible to place them under a Gove~nmental guardian or in some institution till the famine was over, and then restore them to their parents.

M. BESSON ~ai~ he could reassur~ Lord Lugard. The European ?fficials carefully supervised ihis system of fmdmg homes for children. It had been adopted m order to save abandoned children from suffering want.

PUBLIC FINANCE.

;\L RAPPARD thanked the mandatory Power for the excellent work which it had done in drawing up a retrospective table of the financial position since 1922, but said that he had not understood everything in the table (page 7). All the figures given under the heading " sectiott ordi11aire" were exactly reproduced under the heading " balattce ".

)1. BESSON explained that the " section ordin~ire , was the normal budget ; the balance giYen in the second half of the table was that of this budget. The column relating to the credit balance at the end of the financial period referred to the amount available in the Reserve Fund. The next report would contain information on the accountancy system .

M. RAPPARD observed that, while the first paragraph on page 41 showed that expenditure and receipts did not balance, the summarised table of accounts showed that they did , a condition which he was unable to understand.

M. BEssoN said that an attempt would be made in the next report to be clearer and to give a fuller summary of t he financial position. He admitted that the form of the report might be simplified.

M. RAPPARD congratulated the mandatory P ower on having succeeded, under such difficult circumstances, in maintaining the budget balance of t he territory, thanks to rigorous measures of economy.

. ~~. BESSON said that the mandatory Power had gone as far as it po sibly could in the dtrect10n of economy and could not safely go any further .

~L VAN REES referred to a passage on page 55 relating to the balance of the Reserve Fu~d, about one-fifth of which was tied up by the purchase of shares of the Ban k of \\1est Afnca . . \s that was not the first purchase, he wished to know why only shares in this bank were purchased, whenever it was a question of investing part of the surplus of the Reserve Fund.

~1. ORTs asked what was the scope of the Convention concluded between the B~nk and the French Government and if the Convention did not limit the business authon sed by the statutes of the Bank.

M. BESSON replied that the agreements concluded in 1929 and 1932 b.etween the ~rencb Government nnd t he West African Bank of Issue embodied rules goverm ng the secunty for notes issued by the West African Bank and the utilisation of the dues paid by thP Bank on the said notes. All the countries t o which the Bank's privilege extended, in cl~di~g Togoland and the Cameroons, were concerned. He would give the necessary details tn the next report.

EXPORTS.

)L )IERLIN noted that exports of palm oil .were ~reat~r than in previous years (pa~es II3-II4). To what could that increase-achieved tn spite of the fall in prices-be attnbuted ?

G ~1. BEssoN replied that the same question might be asked in the case of other products. t:neraU~ ~peaking, native production had increased , thanks to the propaganda camed on by in~ A~mtmstration and to the desire of the local producers to make up for loss of value by more

enslVe production.

-42-

FISHERIES.

Lord LuGARD made the same suggestion with regard to the Cameroons under French mandate as he had made in the case of the Cameroons under British mandate: Could not th fisheries be so improved as to make it possible to reduce imports of fish, which amounted t e soo tons last year? Had the Decree issued for the purpose of encouraging big-scale sea-fisherie~ {page 226 of t he repor t) produced any results?

1\1. BESSON said that the fisheries were making steady progress in the Cameroons under French mandate, and thought he could say that the Governor would make further efforts in that direction. There had been an interesting article on that subject in the Revue du Camerot~n.

CATTLE.

M. SAKENOBE asked that the next report should contain statistics relating to live-stock and show the proportion of such live-stock which had been inoculated against cattle plague.

M. BESSON noted M. Sakenobe's request.

jUDICIAL ORGANISATION : PRISONS.

Count DE PENHA GARCIA asked what was meant by persons held in administrative custody ( detmus administratifs) (table on page 68).

M. BESSON explained that administrators possessed a disciplinary power conferred on them by the Nat ive Code and applicable in case of offences of a very limited and unimportant character {vagrancy, abandonment of village, etc.). The Code in force was that of French West Af1 ica.

Count DE PENHA GARCIA asked what was the difference between the reg ime of the penitentiary establishment and the Mokolo prison (page 66). He would be glad if the next repo rt could give info rmation regarding the organisation of this prison .

SLAVE T RADE.

Count DE PENHA GARCIA observed that, on page 133, there were statistics of slave-traffic cases and that one of the headings was "Total days' imprisonment ". He noted that the report for 1932 again spoke of days and not years. Was the imprisonment in question pending trial or after sentence?

M. BESSOI'l replied that it was imprisonment after sentence.

Count DE PENHA GARCIA found that , in three years, there had been r6J sentences in respect of 88 cases. He would be g lad if explanatio ns could be given on this point next year. Furthermore, the average number of years' sentence in 1930 had been 8l years; in 1931, 5 years ; and, in 1932, 6 years. He would have thought that, on the contrary, the average would have become greater instead of declining. This, too, was a point which deserved explanation.

Lastly, t he report for the Cameroons under British mandate stated on page 63 that seventeen girls from the Ma ndara district-in territory under French mandate-had ~een kidnapped by t raffickers, who had endeavoured, althoug h without success, to bring them 1nt0

territory under Brit ish mandate. Had the Administration considered any special measures to preven t th is development in the traffic, which was disquieting? To what was this increase to be a ttributed ? W as there an extraditio n conventio n b etween the two territories?

.M. BESSON replied, ac; rega rds this latter point , that the general extradition conve~tion between France and the United Kingdom was applied by magistrates who were well acquamted with the procedure.

Lord LuGARD thanked the mandatory Po wer for having replied to his question on the sentences inflicted o n slave traffickers (page 173).

DEFENCE OF THE TERRITORY.

M. SAKENOBE t hanked the mandatory Power for the explanations contained in the a nnexes on pages 212 and 213. He had no question to ask regarding the militia.

ARMS AND AMMUNITION.

M. SAKEKOBE enquired the reasons for the considerable increase in the number of ar~s in the territory (page 70) , and also why licences had been issued to the natives only at Yaoun ·

M. BESSON replied that he would ask for detailed information on tilis point, but he tho~~h; that the only reason was the extension o f game-shooting among the natives. The reason .ta' ninety-five game licences had been issued to the natives of Yaounde was that, in that lo~tf~; t here was a population of minor native officials who were sufficiently well-to-do to pa) these licences.

-43-

M. RAPPARD noted that the Administration felt obliged to put a check to the number of requests fo~ th~ purchase of sporting guns. What was the reason? Did it wish to discourage uaroe-sbootmg. 0

}I. BESSON replied that this was simply a precautionary measure. The Administration did not wish to discourage game-shooting but the carrying of arms.

RELATIONS BETWEEN THE ADMINISTRATION AND THE NATIVE POPULATIO NS.

Lord LuGARD said he had read with great interest the very important circular of October 28th 1932, on page 197 and expressed satisfaction at the new regulations encouraging officials to ro'ake tours in the country, to learn the native language, etc.

He hoped that the next report would contain information on the codification of native law and custom, to which reference had already been made at the previous meeting. Reports were to be sent to Governments by J uly 1st of this year.

M. BESSON replied that a note would be prepared on this subject.

Lord LuGARD observed that, in t he penultimate paragraph of page 72, it was said that, thanks to education, illiterate chiefs whose power depended solely on fetish and the witch­doctor's assistance would soon be a t hing of the past. He asked on what the authority of the new chiefs would in future be founded, so as to command the aJiegiance of the people.

)1. BEssoN replied that the administrators made proposals for appointments of chiefs on the basis of the character and abilities of individuals. It was, indeed, by their choice that good administrators were judged.

STATUS OF WOMEN: MARRIAGE : POLYGAMY.

Lord LuGARD observed that, on page 173, mention was made of a Decree of December 26th, 1922, under which no marriage was valid without the consent of the woman. What influence had this Decree had on native life ? What measures did the Government propose to take to ensure its execution ?

M. BESSON replied that it was hoped to bring about a gradual evolution of the native mentality. The Administration was endeavouring to introduce a civil register, and any marriage to which the woman had not given her consent would not be regarded as valid. In any case, it hoped to succeed by persuasion rather than by legal action.

)Ilk DANNEVIG asked what steps the Administration took with regard to native poly­gamous officialc; . She had heard , for instance, that one native sick-attendant in the territory had fort y-six wives.

M. BESSON replied that the Administration preferred not to interfere in questions of polygamy. It selected its officials on their merits and had not up to the present noticed that the fact that any officia l happened to be polygamous in any way affected his capacity for work or h1s honesty.

. M. VAN REES asked if there was not reason to fear that they did not carry out their duties w1th all desirable conscientiousness.

~[. BESSON did not think so.

~llle. DANNEVIG noted on page 124 (second paragraph) and page 173 (under 12(d )) t~vo passages concerning dowries, and she asked what were the consequences of this state of affairs. The .Catholic missions had informed her that the number of marriages was declining to a considerable extent owing to the fact that many young men were unable to pay the dowry, and that might have an influence on the number of the population.

~L BESSON replied that this question raised the whole problem of the mar~iage of natives and tha~ of dowries. It was a very delicate matter in the present state of affatrs to ma~e any change 111. this custom. This was a question of adaptation, which cou ld only be settled wtth the lapse of time.

Mlle. DANNEVIG, referring to the Decree of October nth, 1928, on the position of widows after ten or fifteen years' marriage, asked whether the women knew about these decrees .

. M. BESSON said that the native populat ion was well aware of the advantages it could denve from the law. If there was any need to go before the courts, there was nothing to brevent the women concerned from doing so. All these problems would gradually be solved ~ a 51ow evolution of customs. It was not a narrow legislat ion which would brmg about a

c ange, but the passage of time, persuasion and general progress.

~Hie. DANNEVIG said she was told it was very difficult for the women to present themselves ~~the court:.. There seemed to be two statutes for women--one in the Animist and the other 10 the ~lo,lem regions. Was t here a statute for Christian women?

Chr·~: BEssoN replied that no statute existed-it was merely a matter of custom. Ob~ously hi ~ian women obtained the benefit of Christian customs. He would draw the attention of

5 vernment to this point .

-44-

LABOUR.

Mr. WEAVER asked whether the Decree of J une 2nd, 1932, referred to on page 129 had been promulgated owing to the frequency of the offence of misappropriation of advances.'

M. BESSON explained that the problem had arisen mainly in Madagascar and in French Equatorial Africa. The Commissioner of the territory had pointed out the desirability of extending this legislation to the Cameroons.

Mr. WEAVER asked whether French law limited the amount of the advances which might be granted.

M. BESSON believed that this was so and referred the Commission to the text of the Decree itself. In the next report, the Government would state the number of cases which had occurred.

Mr. WEAVER asked whether it would be possible to have a summary of the reports drawn up by the inspectors after their tours. These might be set out on the lines of the table summarising the results of inspection tours given in an annex to the report on the Cameroons under British mandate.

M. BESSON said he would note this suggestion.

Lord LUGARD asked whether the text of the Decree appointing an inspector of labour and defining his powers and duties was available.

M. BESSON said that this Decree would be published in the next report. I n reply to Mr. Weaver, he explained the efforts which had been made to counteract

unemployment. The Administration was planning a number of public works in order to provide occupation for the unemployed, and had adopted a policy of sending labourers back to their tribes-that is to say, a sort of" back to the land " policy.

Mr. WEAVER noted (page 131 et passim) that wages had fallen considerably in such a way as practically to counterbalance the fall in prices. Nevertheless, the table on page 132 estimated at I franc 65 centimes the cost of an average workman's daily food bill. As in many cases workmen only earned one franc a day, their wages were not, it would seem, sufficient even to provide food.

M. BESSON explained that unindented labourers earned much higher wages. Though some contract labourers might be paid only one franc a day, they were housed, fed, etc., so that they were comparatively well off.

Mr. WEAVER nevertheless observed in the second column of page 131 a statement to the effect that unskilled labourers earned from one to two~francs a day. It was not said that they were fed.

M. BESSON replied that the details would be given in the next report.

FREEDOM OF CONSCIENCE.

M. PALACIOS said that the Journal officiel of the French Republic of April 3rd and 4th, 1933, contained a decree regulating the various forms of worship in the Cameroons. .

He would be glad if the accredited representative could give more detailed inform.ah?n concerning this decree, and, in particular, whether the missions had been consulted m 1ts preparation and whether all the missions were in agreement regarding the benefits which these legislative provisions would confer on their work.

M. BESSON explained that the Decree had been published too late for inclusion in t~e report. In any case, it had been drawn up in agreement with the representatives of the ~athohc and Protestant missions (Monsignor Le Houzec and Pastor Allegret), so that M. PalaciOs need feel no anxiety on that score. The text of the Decree would be published in the next report.

EDUCATION.

Mlle. DANNEVIG noted that the number of candidates for t he Ecole superie11re had been limited. Could not the economy thus effected be used for the development of elementary teaching?

M. BESSON explained that certain economies were absolutely necessary : students l~avi~g the higher schools were finding it less and less easy to obtain employment. The obJec~ ~? view, as in France, was to avoid a glut of unemployed" intellectuals" or" semi-intellectua 5 ·

Mlle. DANNEVIG asked whether higher education could not be used to train chiefs for the native population.

M. BESSON said the teaching in question had not been conceived for t hat purpose ; it. w~ intended to train either local officials or employees for business firms. As most of the bust~he firms had closed down, it was undesirable to increase the number of workless employees.. a creation of schools for chiefs raised the delicate question of the formation of a native e.hte­question which the mandatory Power was at present examining with great care.

Mlle. DANNEVIG was sorry to note that the Administration bad little hope of develop:~~ domestic training for girls. I t would surely be desirable to train young girls to become wives of educated chiefs.

-45-

M. BESSON admitted that this would be desirable, but pointed out that the native mentality was an obstacle to its realisation.

CINEMATOGRAPH.

Lord LUGARD asked for information regarding the cinematograph and educational films.

M. BESSON explained that the French Government had studied the question of educational films in the colo~ies. ~he enquiry showed that natives p~e~erred American cowboy, etc., stories to educat10nal films. Nevertheless, t he Ecole supeneure at Yaounde possessed a cinema and sometimes showed educational films. It should be remembered that these films were very expensive. The Government was endeavouring at present to organise a central service for the distribution of educational films in the colonies. Finally, the Governor had by decree, prohibited the showing of immoral films, so that a real censorship might be said t~ exist.

ALCOHOL AND SPIRITS.

Count DE PENHA GARCIA noted, on page 155, certain reassuring information concerning the consumption of spirituous liquors. The situation had improved. Nevertheless, on the Administration's own admission, t here was still a certain amount of smuggling of alcohol which it was difficult to suppress. The attention of the mandatory Power should be drawn to this point, particularly if the increase in import duties and the cost of licences was likely to encourage smuggling.

Finally, in the next report, it would be desirable to state the reasons for which the mandatory Power had promulgated , on July 8th, 1933, a new decree amending the 1931 Alcohol Regulations in the Cameroons. It was to be feared that the responsible officials might lose their bearings amid the plethora of legislative texts enumerated in the introductory clauses.

:\!.BESSON replied that he would transmit this observation to the proper quarter.

PUBLIC H EALTH.

Lord LuGARD noted , on page 272, a decree fixing, inter alia, the daily charge for the maintenance of persons suffering from sleeping sickness, which varied from 75 centimes to r franc so centimes per day. How could such native patients manage to meet the cost ot a long spell in hospital? Did it not make them unable to seek treatment? On page 277, there was a decree creating a special ward for native notables. There was no mention in the decree of the charges made to notables.

M. BESSON explained that the decree mentioned on page 272 applied only to natives of means who were able to pay taxes. Naturally, notables would pay hospital charges at the same rate as officials.

The CHAIRMAN noted that, on page 31, numerous details were given regarding the mandatory Power's campaign against sleeping-sickness, a disease which seemed on the whole to be decreac;ing. As, however, in some districts it had apparently not yet been possible to c?nduct even a preliminary survey, no exact idea could yet be formed of the incidence of this disease throughout the entire territory. In these circumstances, was it not premature to have abolished the prophylaxis mission? Did the prophylaxis service, which had replaced it, possess the means to fulfil its task adequately?

. ~1. BESSON explained that this was not a retrograde s tep, but a measure of co-ordination With a view to more effective action.

The CHAIRMAN noted, in the ] ournal olficiel of the French Republic of July 29th, 1933, a law to the effect that no persor could practise medicine or dentistry in French colon i~s. or ~andated territories unless he were (r} in possession of the French State doctor of medicine d.I~loma or the dental surgeon's diploma issued by the French Government, or (2} a French Citlz~n. or subject or an inhabitant (ressortissant) of a country under F rench protectorate or admimstered under French mandate.

As its nineteenth session the Commission had, however, approved and adopted the conc~u~ions of a report 1 which laid down that the mandatory P?wers s~oul<;i .facilitate t he admis~Ion ?f medical practit ioners possessing diplomas of recogmse? umversihes regar~ess of nationality. These conclus ions 1 had been approved by the Counctl. . Could the acc~edited representative give any explanations regarding this law, which was not m consonance w1th the Wishes expressed by the Council?

M. BESSON replied that the question had been discusse~ at great . l~ngth by the French ~overnme~t. It had been recognised that independent med1c~l practitioners dtd no.t .render trery effechve services a nd that many of t hem were soon obhg~d to. ~bandon medtcme for

ade, etc. The Administration could therefore only rely on coloma) m1htary doctors. It had COM • d t . . illi"t h ~equently become necessary for reasons of security and m or er o mamtam tranqu y ~~oughout the territory, to e~tend to the colonfes the law enfo.r~ed i~ the hom~ country. Go~re Was no need to feel any anxiety regardmg health conditions . I~ the territory : ~he

ernment had decided to increase in the present year the number of military doctors to mne ---: ~ :\!i~utes of the Nineteenth Session, pages r66 to 169 and page 205.

0/frcicll ]Ot41'Piol, February 1931, page 183.

hundred, so that the two territories of the Cameroons and Togoland would obtain the beneft of a greater number of medical practitioners. 1

Lord LUGARD expressed his appreciation of the Decree concerning the work of th Cameroons native creche (page 264). e

Mlle. DANNEviG congratulated the Administration on its excellent work on behalf of infants and child welfare in general.

LAND TENURE.

M. VAN REES noted (pages 107 and 108) the interesting Decree, dated J uly 21st 1932 which allowed "native landowners, according to the rules of local custom, to acquire ow~ership rights with all the prerogatives attaching thereto under F rench law, subject only to the restrictions of custom in the matter of the right of disposal and the rules of devolution " Further, it was said that "property thus constituted either to the benefit of an individual 0~ of a community shall remain subject to the rules of customary law ".

He desired to know whether property established under this decree could be mortgaged. The decree did not state this.

M. BESSON explained that this decree was an improvement on the decree of 1927, in that a native might become an owner, subject solely to observance of the rules of allocation and inheritance laid down by local custom. The third stage of this evolution of land tenure would be the registration of the land, which would regulate, in accordance with the most modern ideas, the system of land tenure.

In reply to another question by M. Van Rees, concerning the decree published on page 185, M. Besson explained that any one member of a community might ask for partition if he so desired. The community also might ask for the application of the law in the same way as an individual owner.

M. VAN REES pointed out that the Decree of 1920 mentioned on page 22 of the report had been amended for Togoland by the Decree of March 13th, 1926, in order to make it clear at law once and for all that the State lands and vacant and unoccupied land belonged to the territory of Togoland. That step had not yet been taken in respect of the Cameroons, although the 1925 report on this territory stated (page 17) that such action would be taken. Were there any reasons which prevented the realisation of this promise?

M. BEsSoN said that he hoped to be more successful than his predecessors in this respect.

MINES.

M. VAN REES observed that, according to the Economiste colonial, Paris, J uly 17th, 1933 . large quantities of tin had been exported from the Cameroons. Reference was fur ther made to the importance of the mining industry in the territory. Could the accredited representative give any information on this subject?

M. BESSON had the impression that the author of the article was better informed in the matter than himself. ·

DEMOGRAPHIC STATISTICS.

M. RAPPARD congratulated the mandatory Power on the progress achieved in connection with the civil register, but was bound to admit that the demographic data would only be of value when the civil register covered the whole territory.

CLOSE OF THE H EARING.

The CHAIRMAN thanked M. Besson for his valuable help and the courtesy with which he had replied to all the questions raised.

M. BESSON thanked the Chairman and members of the Commission for their indulgence and the manner in which they had facilitated his task.

SIXTH MEETING

Held on Wednesday, October 25th, 1933, at 4 p.m.

Palest ine : P etition from t he General Secretary of the Ara b Independence Party. Jerusalem : Appointment of a Ra pporteur.

. 1 pointed On the proposal ofthe CHAIRMAN, M. PALACIOS, m the absence ofM. Ruppe , was ap nee to act as Rapporteur for the petition from the General Secretary of the Arab Independe Party, Jerusalem (document C.P.M.1434).

-47-

To~oland under Brit ish Manda te : Examination of the Annual Repor t for 1932.

Mr. A.W. CardinalJ, late District Commissioner, accredited representative oft he mandatory Power, carne to the table of the Commission.

WELCOME TO THE ACCREDITED REPRESENTATIVE.

The CHAIRMAN extended a welcome to Mr.. <;ardin~, who had been appointed accredited representative of the mandatory Power-a posttlon which he had held the previous year- for the examination of the annual report on Togoland under British mandate.

OPENING OBSERVATIONS BY THE ACCREDITED REPRESENTATIVE .

.Mr. CARDINALL.-I thank you, Mr. Chairman, for your kind words of welcome, and I should like to convey to you my deep appreciation of appearing once more before you. I trust that in my capacity of accredited representative I shall be of assistance to you.

I do not think it will be necessary for me to make any preliminary remarks with regard to the year under review, because, during 1932, the regime outlined in earlier reports has been inaugurated, so that, so far, there is litt1e to mention, whilst appendices on the regime regula­tions will be found at the end of the report. The putting into force of tho~e regulations, in so far as the southern section is concerned, has been postponed until 1933.

I should like to mention one or two errata in the report, wnich were unwittingly included

Paragraph 2 , line 2 : "o0 7' W. " should read "oo 27 ' W. ". Paragraph 15, line 7 : "Na of Yendi "should read" Na of Mamprussi ". Paragraph 83, line 14 : " people " should read " police ".

In paragraph 62, sub-sections ( b) and (c), there seems a cert ain irreconcilability. The explanation had not reached London when I left.

STATUS OF THE TERRITORY.

M. PALACIOS said that he had already remarked, at previous sessions 1 of the Commission. that, in official documents, the territory had often been called " British Sphere of Togoland ".

In the laws the texts of which were annexed to the annual report, such as the Native Administration Ordinance 1932 (page gr) and the Native Admirustration Amendment Ordinance (page II2), t his incorrect tltle was again used. The official description of the territory was " Togoland under British Mandate ". Had the mandatory Power taken the necessary measures to ensure that in official documents the territory would always be described as " Togoland under British Mandate" ?

Mr. CARDINALL said that the Ordinance giving effect to the title " Togoland under British Mandate", being dated J uly 1932, was subsequent to the two Native Administration Ordinances in question, which were enacted in May and June respectively.

ADMINISTRATIVE RE-ORGANISATION OF THE TERRITORY.

M. VAN REES, referring to the information on page 6 and following of the report, according to which the northern section of Togoland under British mandate, the Kusasi, Southern ~a~prussi , Eastern Dagornba and Krachi district~ had been re-organised in such. a way that the1r boundaries now coincided with those of the three native States of Mamprusst, Dagornba an~ Gonja, and to the further statement that that re-organisation had enabl~d the a~ministra ~ive officers to lay the foundations on which it was h oped to rebuild the St~tes m quesh~n. enquued wh~t was the meaning of this re-organisation. If it were merely a 9ueshon of entrustmg the.tbree nahveStates with the administration of certain neighbouring portions of t~e n:tandated tern tory, there could be no objection ; but if, as might be inferred, the re-orgamsatlon h~d rather ~he ch~r~cter of a re-instatement of certain parts of the territory und~r. m~ndate m th.e nat~ve political entities of the Gold Coast in order to reconstitute these enhhes m the form m wh1ch they had existed before the delimitation of the frontier between the Gold Coast and Ge~man Togoland, there was risk t hat such a step might infringe the territorial i.nt~grity of the terr1tory under mandate the maintenance of which was one of the fundamental pnnc1ples of the mandates system .

. ~lr. CARDINALL replied that there was no question of political adm~istratiox:-if by rulihcal ad.m.inistration was meant European administr~tion. Those ~.eas which w~re mclud_ed

the admtmstration of the three native States would still, from a polihcal standpomt, be qUlte se~arate. Even if any question of political administration had been involved, the territorial gam would be on the side of the territory under mandate, as reference to the map would show. ---· ~ e llmutes of the Twenty·.ecood SeasJOD, page 170.

. ~- VAN REES did not contest the fact t~at the re-organisation might be of benefit to th mhabt!ant~ of the ~orth~rn part of the tern tory und~r mand_ate. B~t, in the event of the emanctpatlon of thts tern tory, how could that be achieved Without dismembering again the three native States, if in reality the regions which were or would be united thereto formed e ~nte~ral. part of th~se States? That was a point which s truck at the very roots of the mandat~: mshtutlon and whtch had led M. Van Rees to ask for further explanations.

Mr. CARDINALL said that he would refer the question, which was hypothetical to th Government, in order that the position might be clarified. ' e

M. SAKENOBE noted that it had not yet been found possible to evolve for the Krach· Division a constitution which met with acceptance by aU the subordinate chiefs, and that th 1

head chief exercised little control over his people. He enquired whether it would not b: possible to ap~oint as a native authority over that area the chief of the Kete Krachi, under whose leadershtp the people had formerly grouped themselves for purposes of protection .

M!·· CARDINAL~ ~aid that he had live_d_ in the locality for many years. The chief of the Kracht had been mtsmterpreted to the Bnttsh- and to the Germans-as a true political chief. Although he had been treated as such for years, whereas he had been in reality the Fetish head of a large confederation which had been formed to protect the settlers from the Ashanti and which stretched far into the mountains to what was now territory under French mandate. The difficulty at present was to find out what was the recognised political constitution.

M. RAPPARD asked how it could be that the real chief should not have made his claims known.

Mr. CARDIN ALL explained that many of the villages in the Krachi Division were or iginally simply migratory and hunting outposts, of which the political chiefs might be living at some considerable distance.

M. SAKENOBE, referring to the amalgamation of the three northern States with non­mandated areas, enquired how inhabitants of the mandated territory were distinguished from other members of the population.

Mr. CARDINALL replied that no distinction was made.

APPLICATION IN THE TERRITORY UNDER MANDATE OF LEGISLATION PROMULGATED IN THE

GOLD COAST AND ASHANTI, AND NORTHERN TERRITORIES.

Lord LuGARD enquired which of the Gold Coast and Ashanti laws were operative in Togoland, and asked that the next report might contain an entire list of the Ordinances which did-or alternatively did not-apply to north or south Togoland.

Mr. CARDIN ALL stated that, as the southern section was treated as an integral part of the eastern portion of the Gold Coast, all Gold Coast Ordinances applied to it automatically, except such as were specifically excluded by the Governor ; the northern section similarly had the Ordinances of the northern t erritories applied to it.

J UDICIAL ORGANISATION.

Lord LUGARD, referring to a statement in the report that native tribunals had ~een appointed " in each of the divisions which is a member of a State " (paragraph 31), _enqUlfed whether, in the event of a division not being a member of a State, it had no native tnbunal at all.

Mr. CARDINALL said that the Ordinance under which that provision was establishe? had only come into force in February 1933. An explanation of the position would be given 10 the next report .

Lord LuGARD commented on the statement that there was nothing to prevent any case: " whatever may be the amount or issue involved ",reaching the Privy Council (paragraph 31) •

that seemed to allow of any amount of appeals-the bugbear of the Gold Coast.

Mr. CARDIN ALL said that it would be difficult to take away the right of appeal, even in land cases.

Lord LuGARD pointed out t hat, in Nigeria, disputes regarding tribal boundaries were, h~ understood, now settled by the executive officer with an appeal to the Governor, as bead 0

the Executive, and not to the courts. . He asked what powers the native councils possessed to impose rates and make by-Jaw~.

Mr. CARDIN ALL referred the Commission to Part II , Section 8, of the Native Admini~trat;~~ Ordinance of 1932, which specified the powers of the native authority. Section 12 defined means by which judgments could be enforced.

-49-

CONCESSIONS.

Lord LUGARD enquired if the Concessions Ordinance and Minerals Ordinance applied to the south~rn part of the ~a.ndated ter!itory. He. pointed out that , in the Gold Coast, which was smgular among Bnhsh possessiOns, the mmerals were possessed by the natives. Was the mineral ownership vested in the natives in Togoland?

Mr. CARDIN ALL replied that ownership was vested in the people.

Lord LuGARD asked whether the position was t he same for lands, and whether the chiefs in Togoland could grant concessions of land or minerals to concessionaires.

Mr. CARDINALL ~nswered the first question in the affirmative, an? stated in reply to the second that concess10ns could only be granted through the operation of the Concessions Ordinance, under which, in t he interests of the natives, applications were referred to the Supreme Court. He would ask for a fuller statement to be included in the 1933 report.

Lord LUGARD enquired whether, under the Concessions Ordinance, the Government had the right to exact ~oyalties or whether ~oyalties were pa~able to the chiefs. The Government, he understood, lev1ed 5 per cent on prof1ts, and charged hcence fees for prospecting and mining.

Mr. CARDINALL said that, in the Gold Coast, there was an export duty on gold and diamonds.

He stated, in reply to a ~urther question by Lord Luga~d. that there were as yet no minerals of any value known m the southern part of the terntory and that there was now no mining of any sort, though gold had been found in small quantities some years ago. The ~ining Concessions Ordinance applied to the northern part, but no mining activities were being carried on there at present .

Lord LUGARD asked that information might be given in the next report stating whether, in the event of minerals being found, the royalties would go to the native chiefs or to the finances of the territory.

PUBLIC FINANCE.

M. RAPPARD noted that the finances of the territory under mandate were bound up with those of the neighbouring territory and was glad to Jearn once again (paragraph 6o of the report) that the continued deficit in the accounts was covered by the Gold Coast and that the subsidies granted by the latter were treated as grants-in-aid which it was not the intention of the Gold Coast Government to recover. That would preclude any notion that the deficit was a repayable debt on the mandated territory.

He enquired whether the form of administration adopted had had the effect of transferring outside the mandated territory posts and administrative services, and whether that would mean a loss of revenue for the territory (posts and telegraphs, legal fees. etc.).

Mr. CARDINALL said t hat the situation would remain unchanged. The new division of th~ territory had not involved any change in the District Commissioners' courts or in the post off1ces and did not imply any diminution of revenue.

~I. RAPPARD observed that direct taxation had not yet been introduced, but pointed out that a levy on the salaries of civil servants might be regarded as coming within that category.

~ir. CARDINALL agreed that this was so.

TRADE : DEVELOPMENT OF TRANSPORT BY ROAD.

M. MERLIN directed attention to the fact that goods which were formerly purchased in the French zone were being obtained in increasing quantities in the Gold Coast (paragraph 65 of th~ report). He asked how that had come about , and enquired whether roads were being used 1nstead of railways.

f Mr. CARDINA~L said that the position w~ duet<;> the ~necono~ical manner- uneconon:ical rom the standpomt of the mandated terntory-m wh1ch lornes were run by the Afncan owner~. whose petrol costs were often only 4td. per ton-mile, and who could compete wit~ any railway running down to Lorn~. The situation was that goods that used to come by ratl now-temporarily--came by road.

f ~f. SAKENOBE asked for further information concerning the marketing of the products 0 the Jasikan-Ahamansu cacao belt ; he noted that the main part of that cacao area was as Yet unopened by any official road system (paragraph 193).

s Mr. CARDINALL referred to the map and pointed out that it was impossible in the present \~~:of the country's finances to extend in that region the main.road running north and ~out~. turn n the country's financec; improved, each part of the ~err1tory wo~d be. dealt With m

• and the cacao-producing region would naturally be g1ven due constderahon. 4

-so--

CATTLE.

M. SAKENOBE congratulated the mandatory Power on having immunised in-cont cattlE' against rinderpest (page 73). HE' asked that statistics of cattle might be given in~~ next report . e

ARMS AND AMMUNITION.

M. SAKENOBE said that he could not reconcile the statistics for the number of shot guns (182) licensed during 1931 in the southern section with the statement that " the Commi-~ sioner in charge of the southern section may, in his discret ion , grant a t otal of twenty-fo~r permits each year" (paragraphs 91 a1~d 92).

Mr. CARDINALL explained that shot-gunc; were licensed annually. The figure of 182 would include renewals granted in 1931, together with new licences, which might not exceed twenty. four in any one year. There would thus be an ascending figure for each succe~siw year. Flint. locks, on tl'e contrary, had a life licence.

Lord L UGARD commented on the increased sale of gunpowder, which, according to the report, was regarded as an indication that the people h ad had more money to spend ; that was hardly borne out by the reference to the severe effects of the trade depression (paragraph 97).

MORAL CONDITIONS OF THE NATIVES.

Mlle. DAN NEVIG felt that something sh ould be done to remedy the deplorable moral situation evidenced by the statement in the report t ha t " at present it is not uncom mon fora man to countenance repeated acts of adultery in order to enrich himself with the fines which are imposed on the offender " . She enquired by whom the fines, varying according to the husba nd 's rank from 7s. 6d. t o £2, were imposed (paragra ph 99). She noted that there was no definite rule as to the number of times a husband might claim the adultery fee before the wife was classed as a prostitute, but that popular opinion placed it at six. That appeared to be quite contrary to normal standards of morality.

Mr. CARDINALL said that the fines were imposed by the native courts. Section 47 (2) of the Native Administration Ordinance of 1932 was aimed partly at ameliorating the existing state of a ffairs, and Section 56 enabled the District Commissioner to exercise control. In those matters, it was hoped eventually t o build up a common law practice of precedents and stated cases such as obtained in the United Kingdom. Thus customary law, which was naturally elastic, would be formed along lines accepted generally by civilised nations. The whole matter was one of education, and in actual practice a fine could not now be enforced if a woman were guilty of a sixth adultery offence.

CINEMATOGRAPH.

Lord LUGARD enquired whether cinematograph films were being exhibited in the territory, whether special measures had been taken to regulate the use of the cinematograph among the population, and whether films of educative value were being shown to the natives.

Mr. CARDINALL replied that he knew of no cinemas operating in the north and said that he would make enquiries in regard to the south. A Cinematograph Ordinance controlled the industry and the censorship imposed thereby was considered sat isfactory.

LABOUR .

.Mr. WEAVER expressed his thanks for the description of the manner in which road work was divided up among the villages (paragraph 48 of t he report) . He asked whether there w~s a~y Government control in the case of a road being constructed against the advice of the Dtstnct Commissioner .

Mr. CARDINALL said that in such cases the work was so purely voluntary that it would be impossible to regulate it ; more likely than not, the road was not even economically wanted.

Mr. WEAVER n oted that minor communal services were apportioned among the peopl~ according to their fitness to perform them and that the men undertook the heavier work. Ad regards the maintenance of roads linking their villages with the main-road system, he o?ser~et t hat in the Cameroons such work was no longer classed amongst minor communal servtces u was paid compulsory labour.

Mr. CARDINALL said that the Administ ration was trying t o go on those same Jines in T ogoland, and referred t he Commission to the statement (paragraph rq of the report)rate~ draft Ordina 1 te would shortly be enac ted giving full effect to the requirements of the ore Labour Conven t ion.

Mr. WEAVER as ked whether any natives were employed in the Ashanti goldfie~ds. It would be interesting to know whether there was any movement of labour out of the terntory.

- 51 -

Mr. CARDINALL was unable to give any information on the subject. There was he said a tribal occupational tendency, one tribe, for instance, being chiefly interested in piate-layi~g on the railways ; the choice was quite voluntary.

llr.. WEAVER _cong~atulated the mandatory Power on the success of the co-operative system m connection With cacao, and hoped that the system would in course of time prove equally suc~e~sfu.~ ~or cot~on .. He suggested that co-oper~tion on the lines of the " Better Living Soctetles m Indta mtght help towards the soluhon of the problem of excessive expenditure and the consumption of liquor at funeral ceremonies, etc.

EDUCATION.

)Iile. DANNEviG observed that progress seemed to have been made in education in the southern section of the territory; parents, she noted, were ready to pay school fees, notwithstanding the economic depression. Very little was said, however, about education in the northern section (paragraph 142 of the report), which comprised a population of 17o,ooo; no Government schools existed and, in 1932, there was only one mission school-at Kete Krachi, the most southerly district. The Roman Catholic Mission, it was stated, proposed to open another school near the boundary between the northern and southern sections.

She enquired whether the mandatory Power was considering the possibility of creating schools in the northern part of the territory. It was stated that there was little demand there for education, though a number of children whose homes were in the mandated territory attended schools in the Gold Coast. The Commission would be interested to know the attitude of the chiefs in the matter.

~!r. CARDINALL replied that both financial and political issues were involved. Most of the northern territory had, until recently, been inhabited by people who used their bows and arrows on every occasion. There was a mission school at Yendi and children could also attend a school close to the frontier.

Great interest was taken in education in the southern section of the territory, where t he school attendance was proportionately larger than in any other part of the Gold Coast administration.

ALCOHOL AND SPIRITS.

Count DE PENHA GARCIA felt that, so far as consumption was concerned, the brief but comprehensive account given in the report for 1932 showed little change in the liquor situation !n the territory since the advent of the mandatory Power. Alcohol played an important part tn the life of the people, from their birth to their death, and no ceremony, whether social or ~ontractual , was complete without it. The mandatory Power had not been idle in the matter; tt had taken steps to increase the licence fees for retail stores, to reduce the hours of sale, and to impo e higher Customs tariffs on imported liquors. All those measures had , however, proved unavailing, and had had an unlooked-for effect in the form of an alarming increase in i!Jicit ~stillation. Natives had become expert in the making of alembics-a full description was g1ven in the report-and samples of liquor had been produced containing over 70 per cent of alcohol (paragraph 152). The Commission would be glad to know what measures had been taken, or were contemplated, by the Administration to combat that practice. It seeme? preferable that the natives should have access to less deleterious beverages than those of thetr own distilling. He asked that information might be given in the next report as ~o whether,_in the :\1andatory's view, the increase in illicit distillation was the result of higher tmport duties and the increased charge for licences .

. . ~fr. CARDINALL agreed that the problem was a most difficult one, and stated that public optmon was against the Government in police prosecutions and investigations.

PuBLIC HEALTH.

t The ~HAI~MAN said that, according to the report for 19~1 , ~her:e bad been reason to !hink hat sleepmg-stckness was very widespread in the Dagomba Dtstnct, m the north of the terrttory:

The report for 1932 (paragraph 162) stated that it was also p~evalent in the southern. ~~ampruss1 area. The main focus of the disease had it appeared, been dtscovered. The Commtsswn would be glad to know what measures the Ad:.Uinistration had taken to cope with it.

t The _annual report for Togoland under French mandate. (page 79) also spoke of a focus in hat te:ntory, close to the frontier of the territory under Bnhsh mandate. Were the French

and Bntish authorities taking concerted action against the disease?

~lr. CARDINALL said that he would ask that full particulars should be given in the next report .

-52-

PETITIONS.

M. PALACIOS, in his capacity as Rapporteur, recalled that a petition had been received from the chief and inhabitants of Woame in Togoland under French mandate, in which t hey claimed the right to land situated in the territory under British mandate and which the inhabitants of Honuta, in the latter territory, also claimed. The Government of the United Kingdom had not sent any observations on that petition.

The CHAIRMAN referred to a letter dated September 25th, 1932, from a certain Anku Satchie, President of the Natural Rulers' Society, of Togoland w1der British mandate, stating that, on the same date, he had sent a petition to the League through the intermediary of the mandatory Power. That petition had not yet reached the League.

CLOSE OF THE HEARING.

The CHAIRMAN expressed the Commission's thanks to Mr. Cardinall for his valuable co-operation in the examination of the annual report.

SEVENTH MEETING

Held on Thursday, October 26th, 1933, at 10.15 a.m.

Togola nd under French Mandate : Examination of the Annual Report for 1932.

M. Besson, accredited representative of the mandatory Power, came to the table of the Commission.

GENERAL STATEMENT BY THE AccREDITED REPRESENTATIVE.

M. BESSON.- From an economic standpoint, and notwithstanding the world crisis, the mandated territory has managed to cope with the situation, which, though not particularly flourishing, is by no means desperate . As regards exports, there has been an increase in tonnage-in other words, production has, so far from diminishing, increased. As in the Cameroons, however, the " value "of these products has considerably decreased.

The French Government has sent to the League Secretariat a very complete report (Annex 13) on what have been described as the "Lome incidents". The latter are bound up with the economic question and the fact that the authorities of the territory have been obliged to make budgetary cuts and certain fiscal adjustments, and even to create new sources of revenue.

The department is in possession of the fullest information regarding these events : circumstantial reports presented by the Commissioner of the Republic and enquiries made by the mission of inspection, which happened at the t ime to be touring Togoland.

The movement was undoubtedly directed by persons not belonging to the territory, the ringleaders being two individuals-Chartey, a small planter of Lome and native of the Gold Coast, and Michael Johnson, a commercial employee and native of Dahomey. These individuals evidently took advantage of the natives' tendency to protest against any ll:crease in taxation. They stirred up the population against the notables and wealthier inhabitants. This is confirmed by the fact that the house of one notable was set on fire.

There was no bloodshed, thanks admittedly to the admirable calm displayed by Governor de Guise and the authorities. The Governor had at his disposal only fifty-five militiamen, and it was logical and even desirable, in the interest of public safety, that he should call on troops from Dahomey. When the Governor of the latter colony asked that they should be sent back. they were replaced by a company of tiraille-t4rs from the Ivory Coast. All those troops returned months ago to their respective garrisons.

Coloured people are quite frequently liable to sudden fits of madness, brought on by excessive sexual indulgence or by the abuse of narcotics. As you are aware, a regrett<1;ble and unfor tunate incident of this kind occurred about the time to which we are refernng. A tirailleur of the company from the Ivory Coast ran amok and killed eight persons and wounded two others before being himself shot down like a wild beast by two other tirat.lleu,rs. Thes~ figures are lower than those given in a certain complaint from Accra. The French Governme.n will refer to the report it has submitted on this subject to the Secretariat of the League as 115

reply to any observations regarding these incidents.

P ETITIONS CONCERNING LOME INCIDENTS: QUESTION OF THE ORIGIN OF PETITIONS.

In reply toM. Orts, M. BEsSON stated that the reinforcements left Lome a few weeks a:~:~ their arrival, that calm had been completely restored, and that there had been. no fur be disorder since the incidents at the end of J anuary 1933. He felt, however, that 1t would of necessary to strengthen the guards, whose numbers were too small considering the extent the territory.

-53-

M. OR_Ts did not understand _how the mov~ment coilld have been directed against the notables, smce, on the ?~e hand, 1t was stated m the observations of the mandatory Power regarding the Accra pet1t10ns that, on J anuary i 8th , the Council of Notables had emphasised "the feeling tha~ t he imposition of. t~e taxes wou!d arouse among the population " and had asked to be recetved by the Commtsstoner; and srnce, further , the proposed fi scal measures would fall chiefly on the notables.

He enquired whether the " Young Togo Party " was an organised association.

~1. BESSON. replied th~t it wa~ quite clear that the notables had protested against the increased taxation, but satd that •t was no less true that the elements opposed to them­namely, t~e persons affilia ted to th~ " Young Togo Party "-had taken advantage of the situatiOn m order to break down the tnfluence of the notables, by persuading the population, not only that the former were not affected by t he taxes, but that they had not done their duty in attempting to prevent the proposed increases.

It seemed somewhat exaggerated to describe the " Young Togo Party" as an organised association in ~he European sense of the word. Two years previously, elections had been held and two ~arttes had sprung up- n_amely, t he notables and the "Young Togo Party", as explained 10 the report for the prevtous year.

J ust when t~e Chartey and. Michael John.~on agitation was occurring, an illegal group had been formed whtch descnbed ttself as the Lome Local Town Council ", and which had disappeared on the arrest of the two individuals in question. The Government even had in its possession _letters signed " The Young Lome Republic Party ". That party was, in point of fact , of no tm portance.

M. ORTS, ref.err~ng to t he pa~sage i~ th~ same observa_tions ~f the mandatory Power : ". . . the Dtstnct Commandmg Offtcer unposed penalties of fifteen days' imprisonment and a fine of roo francs for offences committed by the agitators (illegal assembly, constitut ion of non-authorised associations, seditious speech}, asked whether the Divisional Officer was acting as t he officer of a regular court .

~L BESSON replied in the affirmative. His rights were conferred under the Code of native status (indigenat) and practically amounted to t he jurisdiction of a police magistrate.

~L ORTS, observing that Europeans had been called in, enquired whether the latter were armed, and whether they formed a n auxiliary force which could be convened to maintain order in ca"e of disturbances.

M. BEssoN st a ted that there was no special provision in the matter, but that Governor de Guise, having only fifty-five militiamen at his disposal, had asked European women and children who were in danger to proceed to the Government buildings and had called upon French reserve officers and officials and traders to present themselves at t he barracks, where they were provided with arms.

:\1. 0RTS said that he would be glad to know what was meant by the " cleaning-up of the native quarter " referred to in t he same document. Had this been done wi th the assistance of the troops, and had t he troops been under immediate whi te command?

.~1. BEssoN s tated that the company of tirailleurs from Dahomey had first cleared t he precmcts of the Government buildings, the station and the streets in the European town, as the nath·es had started looting at se,·eral points. They had broken windows and thrown stones at most of the shop-fronts in the main street. Next day the native town had been patrolled and persons who had been seen throwing stones and those who had set fire to the house of one of the notables had been arrested.

He desired to pay a tribute to the officers, non-commissioned officers ~nd me_n ?f _the company which had carried out that operation ; all of them bad displayed admtrable dtsctphne, and pri,·ate property had been scrupulously respected. . .

In reply to a question of M. Orts as to how native ta.xable t ncome~ were ass~ssed, ~1. Bes-on said t ha t natives who had a certain t axable income filled in a declaratwn form as tn the case of the French income tax. F or natives with an income of less than ro,ooo francs, ~he tax was fixed by the Administ ration on t he basis of information <;upplied by the nattvc authorities.

~I. 0RTS enquired whether the authorities had been aware, before the events referred to, of the const itution of t he " Lorn~ Local Town Council ", and whether mea<>ures _had been ta~en to keep an eye on it or dissolve it. Was t he fact of having taken part in thts unaut honsed organisation one o f the g rounds for the conviction of t he two agitators, Char tey and J ohnson?

f ~1.. BEssoN replied t hat it was only at the last moment _that the Governor had heard _of the lormatton ?f ~his lo~al council. It was on account of the tUegal character of the counctl that he two pnnctpal agttators had been arrested .

~I. 0Rrs enquired whether the two agitators, released under pressure from the crowd, had been rearrested.

~I. BEsso~ replied that the Administration had bad the last word.

~I. _9Rrs, noting that the Governor had stated that the question of taxes was ~o be ~e-exammed in Paris, asked whether that had been done, or whether the statement had stmply een made in order to restore calm.

-54-

M. BESSON_ sai~ that the Ministr:y of Colo~ies, when consulted, had decided that the taxes ough t to be mamtamed. They were mcluded m the 1933 budget. They had been levied since J anuary that year and there had been no further protest. The Territory now possessed the funds required to ensure satisfactory local finances.

M. ORTS understood that the market due had been raised from 40 centimes to 75 centimes Had not that increase coincided with a drop in the price of foodstuffs, which would mean tha~ the burden of the new tax was in reality heavier than it appeared?

M. BESSON replied that this increase in the tax had not been maintained. It had not been annulled, but was not applied in practice.

Lord L UGARD observed that these events had formed the subject of articles in the West African Press. He drew M. Besson's attention to the following paragraph in a Gold Coast paper :

" The Governor was compelled to agree to the unconditional withdrawal of the oppressive measures complained of, :and the two prisoners were liberated at once. At a mass meeting the notables informed the people of the Governor's overtures, and later an official spoke to the people confirming the statement that the Governor had agreed to withdraw the objectionable measures."

He did not in any way endorse these statements, but merely wished to give M. Besson an opportunity of refuting them in public, if he so desired , since they seemed to imply that the Governor had broken faith in that, having promised under pressure to withdraw these measurPs, he had promptly re-established them as soon as he had secured military aid.

M. BESSON stated that the Governor had at one time been obliged to yield a little under pressure of the crowd. Seeing, however, that disorders were breaking out afresh, it was his duty to re-establish order in the European and native towns, and he did so.

Governor de Guise had been mainly guided by his desire to avoid bloodshed at all costs, and to calm those who had been stirred up by foreign agitators.

M. ORTS noted that the League of Nations had sent back, owing to incorrectness of procedure, a first telegram from Denu (Gold Coast) \vi th one signature; it had subsequently received a second telegram, handed in at Accra, signed " Deutsch Togo Bund ", with a coYering letter over three other signatures. The petitioners had given no information about themselves, nor had the observations of the mandatory Power supplied this omission. It would nevertheless be in teresting to know who these correspondents were.

In this connection, he wished to make an entirely general observation : it was the duty of the Mandates Commission to examine very conscientiously all the petitions that reached it ; but, obv iously, the value of a petition depended mainly on the standing of the persons who submit ted it. He therefore hoped that, in future, observations on petitions would include some indication as to the personal status of the petitioners.

He would be glad to know whether the " J eunes Togolais " and the "Bund der Deutsch Togolander" were one and the same association, and whether, regarding this association, the accredited representative had anything to add to what was stated on page 144 of the 1930 repor t.

M. BESSON replied that, according to his information , Sosuvi was one of the leaders of the " Bund der Deutsch TogoHinder " movement, a group which must not be confused with the " J eunes Togolais" party. With regard to the Accra group- i.e., t he " Bund der Deutsch Togolander "-he could only refer to what had been said in the 1930 report, but was prepared to send further informat ion regarding Sosuvi.

M. P ALACIOS admit ted that it was important to have details concerning the person~ character of petitioners. He always made enquiries regarding t heir standing, but it was still more important to know whether the facts related were correct, and if there were any legal grounds for complaint. That was the essence of petition law. Two and two still made four, even if the figures were added up by a scoundrel. In shor t, the subject ive criterion should not be so absolute as to make the objective criterion inoperative.

M. ORTS noted t hat on every point the statements of the mandatory Power and of t~e petitioners were contradictory. In order to appreciate the value of the latters' statements,'! was necessary to know something about the petitioners themselves. Were they honest ~ol_k . Had they been eye-witnesses of the occurrences they reported , or were they merely descrtbtng them by hearsay?

M. RAPPARD said that the quest ion raised by M. Orts was very important , but t~e problend seemed to be insoluble . In such cases, in fact, the mandatory Power was both Judge an party; that was one of the fundamental defects of the right of petition.

Count DE PENHA GARCIA took the view that the Mandates Commission was ne~ther ~ commission of enquiry nor a court of law. The petit ions it received, and the obsen·auo~~l 0d the_ mandatory Power, p~ovided it with C:ertain data ; ~oreov~r, the Co~mission was ent~u~d to mterrogate the accrechted representative on any pomts whtch were still obscure. It c then draw the attent ion 0f the Council to a giYen situat ion ; there its responsibility ended.

- 55 -

M. RAPPARD agreed with .c~unt de Penha ~arcia. He observed that the Commission's ·nion depended on t he conv1ctlons of each of 1ts members, and that such convictions could

0~y be formed in t he light of the information supplied. 0

M. BESSOi'l was surprised- and he must «onfess rather hurt- that the Commission should pear to be setting on the same plane a document from the mandatory Power addressed to

~Ce League of Nations and a somewhat tendentious protest by persons who were themselves somewhat shadY.

The CHAIRMAN assured M. Besson that the remarks made on t his subject did not concern France in particu lar ; they might apply with equal force to all the mandatory Powers. What was really being criticised was one aspect of the system itself.

M. RAPPARD entirely agreed with this opinion, based as it was on twelve years' experience. M. ORTS, for his part , desired to make it quite clear t hat, had he not attached particular

importance to. t he statements of the mandatory Power, he wo~d not have asked so many questions. H1s remarks should not be taken to 1mply that be m1strusted any statements that had been made.

M. BESSON thanked t he previous speakers.

ECONOMIC EQUALITY.

The CHAIRMAN noted t hat t he principle of economic equality had been observed in the territory (page 6o of the report). It was stated that, after calling for tenders, part of the new railway works had been handed over to certain private undertakings; those firms, it appeared, belonged to different nationalities.

CUSTOMS RELATIONS BETWEEN TOGOLAND AND DAHOMEY.

The CHAIRMAN observed that, at its twenty-second session,1 the Commission had dealt with the question of the agreement abolishing all Customs barriers between Togoland under French mandate and Dahomey, and had expressed the hope that their abolit ion would not be prejudicial to the interests of t he mandated territory. It had further asked the mandatory Power tn make a full statement on the question, to which it attached special importance. The Commi::;gion took due note of t he information now given on the subject in the report (page 95).

NATIVE REPRISALS.

M. SAKENOBE noted the references to two cases (pages 37 and 38 of the report)-in the Daye Division and t he sub-division of Bassari- in which the natives had attempted to avenge murders committed earlier. In the one case, the authorities, having been apprised of their intentions, had ma naged to intervene in t ime. In the sub-division of Bassari, however, reprisals had actually been carried out and a collect ive fine of 3,000 francs had had to be imposed. Both those cases concerned murders committed at an earlier date. Presumably, the murderers had been arrested and punished by the authorities. He enquired what was the meaning of ~uch a spirit of vengeance. Did it imply mistrust on the par t of the nat ives towards the judicial organisation of t he mandatory administ ration?

\f. BESSON replied t hat the acts in question were explained by native custom ; they were exactly on the lines of the Corsican vendetta.

PUBLIC F INANCE.

~I. BESSON, in reply to M. R appard's request, stated that a recapitu.latory table concernin~ the personal taxes paid in Togoland by natives in 1932 and 1933 hgured as a n appendix to document C.P.l\1.1433 {Annex 13). . . . He added that M. de Guise, on arriving at Lome, had encountered a rather dtfftcult st.tu~tion. On t he one hand , it was necessary to maintain the level of reven.u~-a very dtfhcult problem in view of the crisis-and , on the other, a certain s tandard of hvmg.. . The following were the results of the financial year 1933 which had just been cabled to the Mtmstry of Colonies. Receipts:

Local budget . . . . Nati ve medical relief Railways

Total Expendit11re :

Loc~l budget . . . . Nattve medical relief Railways

F rancs

24 ·446. 666.70 4·973.225.01

12,700,871.58

28,325.736.62 4·340.905·96

II,802,225.26

Total . . . . . . . . . . . . . . 44.468,867.84 , . The budget ·defi~it w~~ th·e~ef~r·e 2:348 .~~4 .55 francs-that was to say, 4·9 per cent of the e~ttmates. --1 Sec :\!mute~ of the f\\cnty-sec•mtl Session, page rSz.

- 56-

It had been possible to meet the deficit by drawing on the reserve fund. M. de Gui was of opinion, however, that budget deficits must be avoided. He had therefore thoug~~ ~ha~ ~ new tax sh~uld be imposed, to be known as an "additional tax " and only levied on md1v1duals whose mcome was more than 1o,ooo francs. The large masses of t he populatio had therefore not been effected by this tax, which amounted to 3 per cent on incomes 0~ 10~000 francs and 4 per cent on incomes up to 500,000 fra!lcs. The Go~emment had also adJ usted the rate of t he personal tax according to the capac1ty of t he nat1ves of the various regions. It had also made certain adjustments in the medical relief tax and the compensatory payment in lieu of daily prestation labour, the number of days having been increased from four to _six. The origin of the disorders had been an increase in the market dues from 40 to 75 centimes.

M. RAPPARD expr_es~ed ,his appreciation o~ the ample infor"?-ation gi":'en by th~ mandatory Power at the Comm1ss1on s request. Desptte the mass of tnformatwn supplied, it was however, difficult to obtain a clear idea of the financial situation as a whole, for the followin~ reasons : the multiplicity of budgets, t he sometimes sibylline French fiscal terminology, th~ number of operations "to order " and, lastly. the typographical setting out of certain information in the report itself. He t rusted that the Administration would still supply the Commission with full details, but asked it to put itself in the place of non-French members of the Commission who preferred to have their documentary material in a more accessible form.

He congratulated the mandatory Power on its efforts to reduce the budgetary deficit. I n that connection, he had to ~droit tha~ ~he res~rve fund, whic_h had see~ed to him unduly large, had been of great use dunng the cntlcal penod through wh1ch the terntory was passing · it had indeed made it possible to avoid the over-drastic cutting down of expenditure and a~ unduly heavy increase in taxes.

Referring to the summary of the extraordinary budget expenditure (page 17 of the report), he noted the statement that "the liquidation of t he expenses of the Colonial Exhibition wiU exceed the credits by close on 400,000 francs ". That sum, presumably, would not fall only on Togoland under French mandate.

He observed that, during the examination of the report on t he Cameroons, l\1. Besson had stated that the table of subsidies granted by t he mandatory Power to various activitie · mentioned in the report applied in reality to Togoland. He noticed, however, t hat the figures did not tally, and would be glad to have some explanations.

M. BESSON replied that t hough M. R appard's observation was perfectly correct , he maintained what he had said concerning the Cameroons-namely, that t he total amount of subsidies for that territory did not exceed 25,000 francs. For Togoland, it had also been decided that these subsidies ought to be reduced. The competent depar tment had, however, taken action too late when t he Special Commission had already settled t he matter. He desired, none the less, to direct attention to the fact t hat those subsidies had actually dropped and had amounted in 1932 only to 6s,ooo francs. He would endeavour to obtain a larger reduction in the future.

M. RAPPARD thanked the accredited representative and desired to insist on the desirability of presenting in a somewhat clearer form the part of the report relating to public finance.

IMPORTS AND ExPORTS.

M. MERLIN expressed his satisfaction that, despite t he general depression, which had ~ot spared Togoland, the movement of trade was improving, both imports and exports haYrng increased. He trusted that t hat situation might continue-especially as there was at the moment a falling-off in imports of alcohol.

j UDICIAL ORGANISATION.

M. SAKENOBE observed that the accredited representative had referred to cases tre~ted under the native status regime (code de l'indigettat). Explanatory notes had appeare? 10 a previous report, but he would be glad to find in the a nn ual report, under the headmg of "J udicial Organisation ",statistics of the cases dealt with under t hat regime.

M. BESSON replied t hat he would note the request.

SMUGGLING OF GUNPOWDER.

M. SAKENOBE directed. attention to the statement (page 35) that smuggling of gunpowde: was st ill going on between the Gold Coast and the mandated territory. He asked what measure: were being ta ken by the Adminis tration against smuggling.

M. BESSON replied that the Customs cordon had been strengt hened.

M. SAKE:-IOBE requested explanations concern ing Table V "Quantity of Trade _P?~rd~r sold " (page 36). He was struck by the special situation in the Sokode and Mango dn·.1:

10n.'n He understood that the natives of the said divisions manufactured the powder for then o\\ use.

M. BESSON replied that the natives in those divisions managed to get hold of contraband powder. Clandestine factories existed, which evaded all control.

-57-

PoLYGAMY.

)Illc. DANN~VIG, referring to page 62 and the following pages of the report, noted that, owing to the ex.tstence of. polygamy, ~any men probably could not marry, unless of course there was a cons!d~rably ~tgh~r proportion of.women.tban men .. She sugg~sted that that might create a very dtfficult Situation for unmarried natives and mtght explam the complaints of immorality among the women.

M. BESSON replied that the question was really one of polygamy in general. Though polygam¥ wa~ gra~ually tending to disappear, it was impossible to take measures to remedy the existmg sttuahon.

LABOUR.

Mr. WEAVER c~ngratulat~d. the mandatory Powe~ on it~ efforts to promote native agriculture by exten~mg the extst~ng crops.and endeavounng to ftncl new ones. He was happy to note that the natlves had reahsed the rmp?r.tance. of those efforts. He enquired whether their response to the propaganda of the Admmtstrahon had been spontaneous, or whether it had been in any cases a result of pressure.

M. BESSON replied that there was certainly no question of pressure. The natives had been encouraged in that course and had realised its importance from their own standpoint.

~fr. WEAVER observed that t here was a steady decline in wages, both in Togoland and in the Cameroons. I n certain cases they had apparently fallen as low as 50 centimes a day. He understood, however, that, in such cases, rations were supplied.

~1. BESSON replied that that was so, and added that the cost of living had dropped very considerably.

~Ir. WEAVER pointed out that the native had none the less to pay his taxes, and that the latter had increased. He wished to know whether the mandatory Power was following a definite policy in the matter, or whether it intended to allow the drop to cont inue in accordance with the law of supply and demand.

:\1. BEsSON replied that the mandatory Power bad taken steps to deal with the matter. It had, for instance, proceeded as far as possible with public works in which labour was better paid. The Administration received many applicat ions for work, but he did not think the number of unemployed was more than soo.

:\1r. WEAVER regretted that it bad been thought necessary to increase the number of days of prestat ion labour . He would have preferred a policy of reduction, though he realised the necessities arising out of the financial situation of the territory.

Lord LuGARD observed that M. Bonnecarrere, when he appeared before the Commission as accredited representative,1 had said that more and more natives were redeemi11g their prestations by means of a cash payment. Was that tendency still apparent ?

M. BESSON replied that, on the contrary, owing to the economic depression, the natives now preferred to perform their prestation labour service and not to redeem it.

EDUCATION.

~lUe. DANNEVIG directed attention to the attendance at the Catholic Mission Schools (page 76); it was stated t hat there were only 1,997 pupils in 1932, a~ compare~ with. 3,051 ~ 1930. She enquired whether there were any special reasons to explam such a btg falhng-off In the n~mber of pupils.

Agatn, in the t ables concerning education credits for the years 1931 and 1932 (page 77), the expenditure for 1932 was under 1,soo,ooo francs , whereas, in 1931, it ha~ af!l~unted to 1,813,ooo francs. She asked whether this marked decrease had not been preJudiCial to the progress of education in t he territory .

M. BESSON replied that it had been necessary to economise, owing to the crisis, but .that an attempt had been made not to reduce the expenditure on staff, and to cut down e~pendtture 011 material-that was to say, on building and repairs to school~ . I t could not be satd that the progress of education had been affected by the decrease in credtt s.

a M~Ie . DANNEVIG noted the statement (page 74 of the report) th.at the n~tmber of girls ttendtng the schools was increasing every year. There was a great difference m that resl?ect

~~trween ~h.e Cameroons and Togoland. She asked whet~er t~at increase meant that the natlves e realtstng more and more the importance of educatmg gtrls.

r ~I. BESSON replied that the idea was gradually making headway i~ t he territory. As egards the difference between the Cameroons and Togoland, he pomted out that the J>Opulation in Togoland had reached a higher stage of development than in the Cameroons. ---'Ste ~hnutes of the Eighteenth Session, page 97·

- ss -

Mlle. DANNEVIG asked whether the credits for free education (page 77 of the re t) referred to t~e s~ms placed. a.t the dispos~ of the mission sch~ols. She noted that ther!~:a some reduction m the subs1d1es, and enquued whether that d1d not add to the difficultie sf the work of the missions. 5 o

M. BESSON replied that the term free education was intended to apply to the missi s~h<?ols .. The red~ction in the sums placed. at their disposal undoubtedly added to ~~~ d~fhculhes of their work, but that reductiOn had been necessitated by the existin circumstances. g

ALCOHOL AND SPIRITS.

Count DE PENHA GARCIA thanked the mandatory Power for having taken account of the Commission's observations. He was particularly glad to find in the report a statement by the medical profession on the question of alcoholism (page 84 of the report). He hoped that that practice would be continued, as it was important for the Commission to know the opinion of doctors as well as that of the Administration on the question of alcohol.

He said he would confine his remarks to asking that the fullest possible information might be given in the next report on the distilling of alcohol by the natives, and the steps taken to counteract and punish these dangerous activities.

P UBLIC HEALTH.

Mlle. DANNEVIG, referring to the building of leper villages (page 86 of the report), observed that the policy followed by the mandatory Power seemed to have been very successful. She enquired .whether the lepers '~ere. attracted to the villages by means of grants or wh~ther they were obliged to come and hve m them. She had noted the fact that some natlve tribes understood of their own accord that leprosy was contagious.

l\1. BESSON replied that t he success of the policy of segregating lepers was due to the propaganda carried on in order to make the natives understand that leprosy was a contagious disease. Certain tribes realised that very readily, while others did not understand the risk of contagion .

The CHAIRMAN pointed out that no special service existed to arrest the spread of leprosy. The disease appeared, on the contrary, to be gaining ground, and segregation seemed to be the only method followed in order to cope with the scourge.

M. BESSON said that the report for 1931 contained considerable information on the subject of leprosy. The medical service was watching the situation very carefully , but it had to admit that the therapeutic treatment of the disease seemed to be unavailing.

Mlle. DANNEVIG stated that in Norway, where there had been over 2,000 lepers, the disease had been completely wiped out in the space of about fifty years.

M. BESSON replied that in Norway means were available which did not exist in Togoland.

Mlle. DANNEVIG asked for explanations concerning the decree authorising midwives to attend maternity cases in the patient's own home (page 178) and fixing the fee for the accouchement and subsequent attendance at 100 francs.

M. BESSON replied that the figure of 100 francs was a maximum. It had been fixed in order to avoid the exploitation ot rich natives. Obviously, in the case of poor persons, there would be no question of their paying a fee to the midwife.

LAND TENURE.

l\1. VA~ REES observed that, according to the information given on page 54 of the report, the decree of August 24th, 1926, had not produced the expected result ; moreover, it was no longer in force. He enquired whether it would b.e replaced by provisions such as had been promulga ted for the Cameroons under French mandate.

M. BESSON replied in the affirmative. A vast enquiry was being carried out simul· taneously for all the French colonies and French mandated territories.

CINEMATOGRAPH.

M. BESSON said, with regard to the cinematograph, t hat the same enquiries had b~~n carried out in Togoland as in the Cameroons, and with the same results. A censors 'P existed for films.

DEMOGRAPHIC STATISTICS.

M. RAPPARD thanked the mandatory Power for the very full information gh·en °~ de~ogr~phic s tatistics in the report. That informatio~ was of very g~e.at ~alu~ ~rofthe sociOlogical standpoint. He wondered , however, whether It was really requ1s1te, m vie\\ 0 t n· expendi ture invol\'ed, to supply in an administrative report certain necessarily fragmen a· data which were of speculative rather than of practical interest .

-59-

~f. BESSON admitted the justice of M. Rappard's observation , which would be borne in mind when the next report was prepared.

PETITION EMANATING FROM THE CHIEF AND INHABITANTS OF WOAME.

~I. PALACIOS sa.i~ that a petition from certain ~atives of Woame •. concerning land in Togoland under Bnhs~ manda~e. had been subnntted for observations to the British Go\·ernment and for mformat10n to t he French Government. Could the accredited representat ive give t he Commission any information on the subject?

M. BESSON replied that the question had formed the subject of an arrangement between the two territories. In form at ion would be given in the next report.

CLOSE OF THE HEARING.

The CHAIRMAN, on behalf of the Commission, thanked the accredited representative for his yaluable assistance .

EIGHTH MEETING

Held on Friday, October 27th, 1933, at 10.15 a.m.

Syria and the Lebanon: Procedure to be followed in examining the Annual Report for 1932 : Petitions.

The CHAIRMAN read a communication to his colleagues regarding the note he proposed to read to the accred ited representative.

M. R..u>PA RD raised the question of the petitions, which were of a special character. They expressed cont radictory desires regarding the future policy of the mandatory Power. The Alaouites, for instance, demanded that t heir autonomy be re~pected, whereas the Syrians urged the principle of unity. Moreover, the letter from the F rench Government, dated June 16th, 1933 {document C.P .M.1401), stated that the observations of the mandatory Power ··would be forthcoming in the form of t he general explanations which the High Commissioner of the mandatory Power in Syria and the Lebanon would, when the proper time came, supply to the Permanent Mandates Commission ".

As the mandatory Power, in its letter of September 25th, 1932 (document C.P.M.1442), announced that " M. de Caix, who represented France, would hold himself at the disposal of the Commission to give any further information it might desire on the subject, in particula~ regarding pet itions of a politica l nature", it would seem that the prope1 time had come . . The Commission, however, had never, up to the present, received petitions dealing, not

11'11h pa~t facts, but with future policy. That was a new factor which rendered the situation delicate.

The CHAIRMAN observed that M. Rappard was entitled to ask any questions he liked in connection with the petitions.

M. 0RTs pointed out that, up to the present, the object of every petition had been to ask for the redress of a wrong. The Commission had now before it an expression of the feelings ~~a sect_ion of the public regarding the present organisation of the territory . As the petitions 10 quest ton were contradict ory, some being in favour of unity and others in favour of autonomy, the_~ommission, if it examined t hese petitions as such, might be led to judge as between the pet~honer:. and therefore to express an opinion either in favour of unity or autonomy, a cou.rse ~rhlch WOl~ld _take it beyond the limits of its competence. Was the mandatory Power askmg the Comm1ss1on to ta ke a decision in the matter?

~l. RAPPARD thought that, by rea ding together the two letters from the French Government which he had quoted, it might be possible to conclude that the. mandatory Po~~~r expected that the Commission would interrogate its accredited representative on these pehttons.

~1. PALACIOS thought that general questions should be asked and that the accredited representat ive should be requested to make a statement on the policy followed in the territory under. mandate, on the treat ies the question of unity, the question of independence, the ~:~uauon of. the _par ties, evolut i~n towards emancipation, etc . . The p~titi?ns migh~ hel~ to

·h_and clanfy, tn connection with a particular case or a coUecttve asptratlon, certam pomts w tch t'J ~ I I ~eemed rather indeterminate.

~1. ~fERLIN wondered whether the time had really come to ask the accredited r~~resentative to make a general statement . He would be unable to make such a statement. ~o~~ga~d:.t ~e past , M. Ponsot had made a statement last. year. The _negot iations he had been prov~~ttng Ill the hope of reaching an agree~en_t With all part~es ~oncerned ha? been P • uo~~lly suspended. The new High Commtsswner, a fter gethng mto touch Wlth the er~onahtte and events of the mandated territory, would certainly continue t hose negotia tions.

- 6o-

But in what direction? Nobody could say. and M. de Caix least of all, because any referen on hie; part to the future might compromise t he course of events, and possibly in a way that the present High Commissioner might not de5ire. The Commission itself would find some difficulty in discussing a future that was not yet sufficiently clear. If it did so, it mightcau e confusi?n .and ra_ise a number of debata~le points, which were bound t? ~nder the mandato ~ Power m 1ts delicate task of endeavourmg to prepare a future orgamsahon. Petitions we'f} requests for the reparation of errors and the righting of wrongs. They could not be allow:~ to furnish ammunition for local discussions, for the claims of certain sections of the population and for the ambitions of certain persons. In its own interest, the Commission should avoid all semblance of embarking upon such a course, for t he effect of unguarded expressions of opinion might be to substitute the responsibility of t he Mandates Commission for that of the mandatory Power in the adminis tration of the territory.

M. PALACIOS shared M. Merlin's views on this point- that was to say, the need for discretion. The Commission was, however, entitled to be informed of the de facto situation It might therefore ask the accredited representative questions regarding that situation and its development and postpone questions of principle until the Commission came to examine its observations to the Council.

Lord LuGARD thought that t he members of the Commission were free to ask the accredited representative any questions they thought they were entitled to ask. The accredited representative, for his part, was free to object to any question to which he felt he was not entitled to reply. This had been the procedure adopted with regard to Iraq.

The CHAIRMAN felt bound to remind the Commission of the Council's decision concerning the interpretation of the word "petition" (document C.s4s.M.194·I927.VI , extract No. r}:

" The Permanent Mandates Commission has, with the approval of the Council, gi,·en a n interpretation of the word 'petition ' which makes it possible to include memorials and similar memoranda of every kind concerning the administration of the mandated terri tories."

Count DE PENRA GARCIA wished in the first place to emphasise the fact that the texts quoted showed that t he mandatory P ower had sent the accredited representative to reply to all questions, even political questions, which the members of the Commission might ask him. Moreover, the method the Chairman had outlined in his note concerning the r ight of members to ask quest ions seemed to him reasonable.

M. PALACIOS thought that the best starting point would be the last statements made by l\1. Ponsot , who had explained the degree of maturity reached by the territory and had added that different solutions were contemplated for the different parts of the country, with a view to their possible emancipation.

The CHAIRMAN thought the procedure to be followed might be summarised as follows. He would ask the accredited representative whether he had any statement to make ; then all the members would be entitled to ask him questions.

The Commission agreed to this procedure.

Syria and the Lebanon : Examination of the Annual Report for 1932.

M. de Caix, accredited representative of the mandatory Power, came to the table of the Commission.

WELCOME TO THE ACCREDITED REPRESENTATIVE.-PROCEDURE TO BE FOLLOWED I~ EXAMDHNG THE ANN UAL R EPORT (continuation) .

The CHAIRMAN was happy, on behalf of the Commission, to welcome M. de Caix, who had collaborated with it for so many years. .

Before asking him to address the Commis~ion, the Chairman thought it might be desuable to resume briefly the circumstances which had occasioned M. de Caix's presence at the Commission for a second t ime in one year.

Last year, at the end of its twenty-second session,1 the Commission had inserted in its report to Council the following general observation regarding Syria and the Lebanon :

" The Commission thanks the mandatory Power for having, in accord.ance with th~ desire expressed by the Commission last year, kept it informed of the van?us phase~; the contemplated evolution of Syria and the Lebanon and the stages lea~mg up t~ th: point at which those territories will no longer need the advice and ass1stance 0

mandatory Power. f the " I t trusts that the mandatory Power will continue to keep it inf?rmed 0 . ·ell·

development of the situation in the territories under mandate, which it ~1ll attent!\00 follow; but it considers that it would be premature at the present timet<? g~ve a~y op~e•; on that situation, until the policy of the mandatory Power and the negotlatwns Ill prob · have provided more detailed material on which to form a judgment."

• See :\!mutes of the Twenty-second Session , page 364.

-61-

When the Commission had met again in J une last , the French Government had informed it that M. Ponsot, at that ti.me High Commissioner in Syria and. the Lebanon , would be unable, owing ~o t~e stat e ? f h1s ~ealth, .to come to Geneva and explam the development of the political situahon m the sa1d t~rnt.ory smce Nove:ffiber 1932. The mandat?ry P ower had then roposed , either that the .exammaho'? of the exercise of ~he mandate for Syna and the Lebanon ~a whole should be adJourned unhl the autumn session of the Commission, or that, at any rate, the pol.itical asp~c.ts of .the ~xamination should be. so deferred . It .added that M. Ponsot would expla1.n the _Pohhcal s1tuat1?n .at the !?resent sessiOn ?f the Commission.

After d1scusston, the CommiSSion dec1ded 1 to examme, as from June 29th, with the assistance of M. de Caix, the annual . report on the situatio~ in Syria an~ the Lebanon for the year I9.32 and to ask . M. de Can~, as U:s~al, eve~y vanety of q';leshon C?ncerning the administratiOn of the terntory, and 1ts political, soc1al and econom1c evolution under the mandatory regime, but reserv.ing unt.il the present. session the ~xa~inat~on, ~ith the assist­ance of M. Ponsot, of all queshons wh1ch may remam open after 1ts mterv1ew w1th M. de Caix. This decision was immediately communicated to the French Government by the Secretary­General.

In its report to the Council on the work of its last session, the Committee included the following passage : 2

" During the present session, the Commission has examined the annual report on the administration of Syria and the Lebanon for 1932. It reserves the right to make its observations at its next session, after hearing the statements of the High Commissioner, as proposed by the mandatory P ower."

As the Chairman had had the honour to point out at the present meeting, the French Go\'ernment in its letter to the Secretary-General, dated September 14th, 1933, concerning the designation of its accredited representatives, had made the following declaration with regard to Syria and the Lebanon :

" With regard to Syria and the Lebanon, the Mandates Commission will certainly realise that the new High Commissioner of the Republic, who will only just have assumed his official duties, will doubtless not yet be in a position to make the statements which were promised at a time when M. Ponsot's other nomination had not been foreseen. M. de Caix, however, who will represent France, wm be at the Commission's disposal to give all explanations it may desire concerning the petitions of a political character, the examination of which was, at the request of the French Government, adjourned until the present session. "

The Chairman felt sure he was interpreting the unanimous sentiments of his colleagues in congratulating M. Ponsot on his restoration to health and his appointment to the important post of Resident-General in Morocco. He felt at the same time bound to express the Commission's regret at being thus deprived of an opportunity of again exchanging views with M. Ponsot before he left his post as High Commissioner in Syria and the Lebanon. Quite naturally, the mandatory Power could not send M. Ponsot's successor, l\1. de Martel, away from the mandated territory at the very moment when he was assuming office. As M. de Caix had been appointed to undertake the task which would originally have been reserved for the High Commissioner, the Chairman ventured, in the light of the texts he had just quoted, to explain how, in t he view of the Commission, the hearing should be conducted.

There could be no question of entering again into the details of the examination of the annual report for 1932 with a view to bringing that examination up to date. On the other hand, it was obvious that the Commission, by consenting to a division of labour, had not renounced its right to question M. de Caix at the present time on certain points with a view to ~upplementing the data gathered at its previous session, even if the questions were not purely political in form.

As Chairman, therefore, he would merely see that there was no repetition of the questions to which full replies had already been gi ve'l in June last.

STATEMENT BY THE ACCREDITED REPRESENTATIVE.

M. DE CAIX.-1 regret that it is not possible for you to hear from the lips of the High Com~issi?ner the promised statement which you are awaiting in o rder to conclude the exammat10n begun by the Commission in June last; M. Ponsot has been promoted to a new post, which he has already been obliged to take up, and it is impossible for M: de ~artel to Interrupt, after less than three weeks the contact which he has begun to estabhsh w1th those countries where he is responsible for the execution of the mandate, in order to come here. i However, I hope to be able, on the basis of the statements cont~ined for s?m.e years past n the. reports and those which have been made to you by the H1gh Commtsstoner or the

accredited representative, to give you the explanations you desire. . . . . . I have nothing to add to the information given in the report on t he political s1tuahon 1n.1932 • On certain points, this has been supplemented by the replies given to the questions

ratsed by the Commission in connection with the petitions. I will therefore merely reply to any new questions you may wish to put to me: . . . G . The report states that tranquillity contmues to retgn~ particularly m the autonomous O\ernments and in the Sanjak of Alexandretta, and mentions as the only new facts of any --;-----

2 ~ :ll!nutes of the Twenty-third Session, pages 17·18 and :ll. :llinutes of the Twenty-third Session, page 191.

-62-

importance : (r) the suspension of the Lebanese Constitution and (2) the split between th Nationalist extremists and the moderate members of their party, who were anxious te collaborate with the mandatory Power. 0

The reasons for the suspension of the Lebanese Constitution-an organisation which 11

.

too cumbersome for a small State and the operation of which led only too easily to politici intrigue-were given in the penultimate report and in the statement made before th Commission by M. Ponsot a year ago. e

The disagreement which has arisen between the two wings of the Nationalist Pany is du partly to the rigid doctrinairism of some and partly to the ambitions of others who have bee e disappointed or who are eager to make a name for themselves. The failure at Aleppo of thn unsuccessful candidates has, in all probability, made intransigence easier for them than fo~ the successful candidates at Damascus. Like some young men, they have tended, being no doubt anxious to enter upon a political career, to complicate the mandatory's task and thu· force it to hold new elections. This tendency appears to a large extent to explain th: disturbances which have occurred on several occasions at Aleppo and of which you have been informed. Added to the intransigence of doctrinaires, it has led the Nationalists to refuse co-operation with the mandatory Power.

Thus, under the pressure of their party, the Nationalist Ministers who, on the morrow of the elections and notwithstanding the smallness of their Parliamentary group, were called upon to participate in the Government in order that the treaty negotiations might be conducted with a Coalition Cabinet, resigned at the end of April.

At that moment, the discu<;sions which had been begun did not reveal any cause for rupture. Moreover, the resigning Ministers took care to inform the Press that their attitude was the result, not of a disagreement with the F rench negotiator, but of party discipline.

Following on their resignation, the Cabinet was reconstituted, with the collaboration of moderate elements belonging to the majority of the Assembly. The new Government subsequently obtained a vote of conlidence from the Chamber, and was thus empowered to continue the work begun.

The policy which is being followed for this purpose is not a new one ; it bas been more and more clearly defined since M. de J ouvenel traced its general outline in rgz6. It consists in settling by agreement the relations of the mandatory Power with t he national Government oi the country, primarily for the period which still separates us from the terminat ion of the mandate and which must be utilised to secure the purpose of the mandate by preparing the country for the complete exercise of its independence. That is the scope of the agreement contemplated in the provisional clauses of Article rr6 of the Syrian Constitution. The treaty foreshadowed by the Mandatory's policy must also define the regime which is to follow the mandate, in pursuance as far as possible of the recommendations made by the Commission after examining the conditions for the termination of a mandate.

It was in application of the provisions of the mandate relating to the development of local autonomy that the mandatory Power set up, alongside the two States mentioned by name in that instrument, the autonomous Governments of Latakia and the J ebel Druse. The object of the constitution of those Governments was to encourage the evolution of the minorities inhabiting their territory, whose political education was insufficient to enable them to defend their rights in a larger community.

The results obtained during the last twelve years from the application of this measure have fully justified the mandatory Power's expectations. The latter could not relinquish the task it has undertaken without jeopardising those results. It cannot therefore contemplate the association of those Governments with a State with an international "vocation", unless that State has given adequate proof of its capacity for self-government and the proper treatment of the minorities established within its territory. .

In accordance with the doctrine formulated by M. de J ouvenel in rgz6, when once this condition has been fulfilled, the as<;ociation can be effected by agreement between the partie>, subject to the full consent of aJl concerned.

This, then, is the policy of the mandatory Government, the development of which !nay ~e hampered or retarded by eventc;, but the essent ial purpose of which has not varied s1~ce us inception, as is shown by the organisation, as long ago as rgzr-22, of the Levant countnes fo~ which it was responsible. I t considers that its own duties and the welfare of those countr!f~ require that their final organisation should be the result of joint study and agreements fr~e} entered into and ensuring respect for the rights, wishes and interests of the whole population, as is expressly stipulated in the mandate. .

The mandatory Government's programme has been fully justified by long ex~er~ence. The fulfilment of this steadfast policy has been the task of each successive High Comm1s~IO~er, who has pursued it while adapting it to circumstances. The time and manner of its apphca~:o~ depend not so much upon the will of the Mandatory as upon the intentions of the mteres ed parties. It can be retarded, but not altered, by the obstacles which may be encountered, an its progress will be in ratio to the degree of co-operation accorded to it in the country. . . n

I will now reply, so far as lies in my power, having regard to the stage which the actiO of the mandatory Government has reached, to any questions which may be asked.

. ~

POLITICAL SITUATION, AND ATTITUDE OF THE POLITICAL PARTIES TOWARDS THE · POLlTiox~ D EVELOPMENT OF THE T ERRITORY : DEVELOPMENT OF THE ADMINISTRATIVE SUB-DIVIS! ,.

OF THE TERRITORY.

The CHAIRMAN thanked M. de Caix for explaining, with his usual clearness and acc~r~c~~ the policy followed in Syria by the mandatory Power since M. de J ouvenel's term of offlc

High Commissioner-a policy which! the accredited representative said, had never varied. It seemed, however, .th at , f.or s?me tlme past, . the man?atory Power had made a distinction between the countnes whtch tts representative descnbed as those with an internat ional " vocation " ~nd the others} 1';1 other words, there ~ere ind~cat ions of a division of Syria and the Lebanon 1~ a manner very dtfferent from that latd down m the mandate, which mentioned local autonomtes and not several States.

Count DE PENHA ~ARCIA had n~ted in certain par.ts of t~e reports and in certain pet itions the fact that the question of what rntght be called Synan umty was one cause of disagreement between the mandatory Powe~ and cert~in Syria n parties.

The mandatory Power, m assummg the mandate, had noted t hat an administrative separation of the territory was justified. by the diversity of.the s.t at?es of ~voluti~n of the various regions. It had therefore cre~ted certam auto.nomous bodt~ wtthm Sy.n an tern tory. It migh t be asked whether these creattons were really m harmony W1th t he ophon accorded in Article 1 of the mandate. In point of fact, they had been in exis tence for a number of years, and there could be no doubt that the J ebel Druse and the Government of Latakia, for instance were quite noticeably in a stage of development different from the rest of Syria. '

He wondered w~ether it would ~e possi~le to disc?ver the feelings of the peoples of these two Go.v~rnments w~t~ reg~rd to this question of umty. Was t~ere any reliable means of ascertawmg the optmon, tf not of the whole of the population, at least of it s most representative elements ? That would, he t hought, be an impor tant piece of evidence in judging the policy o~ the mandatory Power. • . .

He would also hke to know the mandatory Power s vtews wtth regard to the situation in the Lebanon concerning a preparatory period, pending the possible termination of the mandate.

:\1. RAPPARD observed that, under the terms of the mandate, France was mandatory for Syria and t he Lebanon. It was quite easy to conceive a policy of union or federation or of centralisat ion ; but whenever reference was made to "countries with an international 'vocation • ", there could be no question of anything but Syria and the Lebanon, apart from which there was no territory in the Levant under French mandate.

:\1. DE CAlX did not see how the use of t he words " countr ies with an internatior.al ' vocation "' could give rise to doubts in the minds of certain members of the Commission and what new element could be found in t he policy of the mandatory Power. When M. Ponsot had referred to " countries with an international 'vocation ' ", be had given a legal defin ition and had not announced a new policy differing from that which t he Mandatory had followed in conformity with the mandate, which ment ioned two States by name and recommended the creation of local autonomy. He would, moreover, observe that to speak of countries with an international " vocation " was to indicate a qualification that could not become effect ive, as regarded the status of the various parts of the territory, until after the t ermination of t he mandate. Did the Commission propose to open a discussion on t hat future, which did not call for any immediate decision and regarding which no details could be asked for or given? If so, he could only refer to his statement. The latter mentioned a preparatory period and described the principles which the Mandatory Government intended to apply in the process of evolution it had been called upon to direct. He must point out t hat it would be highly undesirable to enter into a premature discussion of certain questions, particularly in regard to a policy which had to be pursued in a Levantine atmosphere; if it did so, the Commission would become responsible and would substitute its own responsibility for that of the mandatory Power.

Count de Penha Garcia has asked whether the opinion of the population of the autonomous regions could be ascertained. This had already been manifested in the forms which were possible in such a milieu. It had been expressed by the votes of representative councils, petitions and, in some cases, by meetings. The Syrian opponents of autonomy had disputed the. spontaneity and sincerity of those manifestations. The material and moral changes by wbtcb these people were benefiting provided, however, a number of perfectly co~ent reasons wh¥ they should be t ruly attached to the regime that had conferred these beneftts, and why thetr most representative elements should say so.

A .q~est ion had been asked concerning the s ituation in the Lc::banon . . He could assure the CommtsstOn that, in its policy, the principles of which he had JUSt defmed, t he mandatory Power made no dis tinction between the Lebar10n a nd Syria.

. Count DE PENHA GARCIA wished to make it quite clear t hat, in asking cer.tain question.s, ~ts colle~gues and he d id not in any way seek to indicate a policy; they ? nly wtsbe? to ob tam tnformatton regarding the policy of the mandatory Power. In hts. previous question , he had merely asked whether any indications were available o~ the feeltngs ~f the J?eoples of. t he autonomous territories with regard to the question of umty. M. de Catx had JUSt explamed that certain notables had already expressed their views spontaneously. He would be glad to have furt her information on the subject in the next repor t. C M: J?E CAIX pointed out, with regard to quest i~ns whic~ mig:ht be asked, that t he ommtsston was in much the same position as a family counct1 whtch was called upon to

~nte~ upon a discussion, in the presence of an already adolescent minor, with a representative f hts guardian.

. .~he CHAIRMAN assured M. de Caix that the Commission was not indifferen~ to his pe~ectly )ustthed observation. Naturally, the Mandates Commission had no intention of takmg a ---1 s '1 ee ·'mutes of the T wenty-second Session , page 263.

deci?ior:. It was, however, in duty bound to aid in preparing the evolution of the mandat d terntones. e

It was true that Article r of the mandate provided for local autonomy; but, if the count were divided into four states, as seemed to be indicated, the Chairman considered that th ry was a fundamental difference. ere

M. DE CAIX did not think that the autonomous regions created, any more than tl1e wav in which their relations with the other parts of the territory was envisaged in the statement li had just made, could be regarded as inconsonant with the obligations of the mandate. e

M. RAPPARD insisted on the fact that the Commission had no charter on which to rei • except the mandate. It would be very ill-advised to base its opinions on considerations devoi~ of a legal ~ou ndat ion . Under the law, t he only territ ories in the Levant ~nder French mandate were Syna and the Lebano n. Moreover, the mandate expressly provided for the principle of local autonomy and did not even exclude a policy of gradual emancipation of variou· autonomous regions at different times. If it were desired to tranquillise these territories, would it not be better to say that the law could not be discussed, that it provided for the integrity of Syria and the Lebanon, but that it did not in any way exclude local autonomy nor progressive emancipation by zones? But by allowing uncertainty to persist, would there not be a risk that the populations would be more irritated than tranquillised?

M. DE CAlX had no reason to contest M. R appard's remarks regarding the law, and, in any event, he would not be inclined to prolong legal discussions which, interpreted as they might be in the country with which the Commission was dealing, would undoubtedly not tend to facilitate the task-in regard to which M. Rappard seemed to agree with him-of ensuring that the de facto situation-that was to say, the existing organisation-was only appraised in accordance with the principles set forth in the statement to which the Commission had listened.

M. PALACIOS wished to stress, not so much the question of local autonomy, which was related to that of unity, as that of independence, which arose in connection with Article n 6 of the Syrian Constitution. At the present time, was the situation better or worse in Syria than previously ? What was the present position in the Lebanon?

M. DE CAIX replied that it could not be said that there was as yet any appreciable change in t he situation. The same tendencies as before were apparent. With regard to Syria, the same question always arose- namely, whether a manor group of men could be found courageous enough to conclude an agreement which, though marking the first realisation of their hopes, would not immediately satisfy all those claims which they declared they represented.

The CHAIRMAN pointed out that the Lebanese Constitution had been suspended since 1932. That being so, he wondered how the mandatory Power could carry out its task, which was primarily to prepare the country for independence.

The policy to be adopted in Syria was certainly not an easy one; but, to revert to the simile used by M. de Caix, a guardian was not free to treat his ward as he liked. The Mandates Commission had to see that the policy of the mandatory Powers was in conformity with the texts for which it was the duty of the Mandates Commission to ensure respect.

M. DE CAIX replied that the suspension of the Lebanese Constitution did not in any way mean that the mandatory Power was unwilling to apply, in the Lebanon, the same policy as in Syria, as soon as public life in the Lebanon had managed to revert to the normal, and a Government existed capable of concluding a treaty.

He did not see how the way in which the guardian was fulfilling his duties was more o~en to criticism at the present time than formerly, or why a policy was now being conteste~ wh1ch had never been criticised previously. The territorial status of the mandated countnes was not an unknown quantity or a novelty. Established as far back as rgzo, it had not been modified since r924, the year when explanations regarding it had first been given to the Mandates Commission through the reports of the mandatory Power and the oral statements ?1

its accredited representative. The status of the territories bad been confirmed in the Orgam~ Statute of May r930, which had been communicated to the League of Nations, a~d whlc remained valid for the whole duration of the mandate. Was the Commission lookmg much farther ahead? Was it anxious as to t he changes which might result from the termi~ation °~ the mandate? That, as had been pointed out, was a question which had not yet ansen, an could not be discussed at present. But no one was entitled to suppose that the. mandatory Power would be lese; likely to fulfil its obligations at some future date or in some g1ven part of the territory than it had been careful to do up to the present.

M. RAPPARD observed that the only period that could be discussed was the m~ndatory period. Article r of the mandate was quite clear, and he could not see what objectwn there could be to referring to a principle of law. It was within those limits, which, moreover, were considerable, that solutions must be found.

M. DE CAIX was rather doubtful whether t he definition of the law and its limits had .roue~ tranquillising effect on those who were little disposed to recognise the mandate that institute that law.

M. RAPPARD pointed out that the mandatory Power was entitled to make independe;~~ conditional on the recognition, on a contractual basis, of local autonomy. In short, the phrobt~1,0 was to discover means of concluding agreements between the different parts of t e territories under mandate.

-65-

M. DE CAlX replied that that was, indeed, one of the essential tasks which had to be accomplished before the termination of the mandate could be proposed ; but it was a task easier to define than to accomplish.

Count DE PENH~ GARCIA laid stress on the fact that; in asking his questions, he wac; tully alive to the dehcat.e natu~e of the mandata~ Powers task .. At pr~sent, negotiations were being conducted wtth a vtew to the conclusiOn of a treaty wtth Syrta, apart from the existing autonomous regions. As yet, the question of the Lebanon did not arise. For the ~oment , therefore, the discussion turned on Syria alone. The problem, however, was very complex. The mandatory Power had only just sent a new High Commissioner to the country. It would t herefore obviously be inopportune for the Commiss ion to attempt any detailed examination of. his P<?licy. The CoiD:missio~ would be grateful if M. de Caix would merely explain the mam outlines, and state, m particular, how thernandatory Power envisaged the p.roblem of the protection of th~ rights of minorities. . It was likely ~hat. the fu ture treaty would follow more <;>r less the lmes of the Anglo-lraqt treaty •. but, m vtew of the special circumstances •. the hrst task ~ust be to ~repare the co:operahon of the populations living under the Synan mandate while encouragmg the evolutlon of the autonomous regions and the protection of the very considerable minorities scattered throughout Syria.

Was this the direction that French policy in Syria was taking; and was the present situation, from the point of view of the High Commissioner's mission , more favourable than previously? He unders.t?od t~e de~icacy of the proble~ and how .neces~ary it was to take into account the present pohhcal stt uatlon and the mentahty of the mhabttants of the territory.

M. DE CAIX hoped that he had already given a sufficiently clear reply concerning the direction of French policy. Whether the High Commissioner's task would be complicated or lightened probably depended less on a change in the general elements of the problems to be solved than on the effects of certain circumstances or personal influences which it was difficult to judge from afar.

Count de Penha Garcia had recalled that there were scattered minorities in t he territory. They were fairly numerous in Syria, particularly in the north. Owing to t he fact that they were scattered, they could not be afforded territorial safeguards such as were enjoyed by the minorities living in compact groups in certain regions of the territory under French mandate, or such as the Commission would have desired for a minority which was not very happy in a neighbouring country. The problem must be solved otherwise. But the Commission could be sure that the mandatory Power, so long as it shouldered or had any share in the responsibility for the country, would never cease to watch over the rights of scattered minorities as vigorously as those of the other minorities.

M. RAPPARD t hought that the peoples under mandate must understand that, so long as the Mandates Commission was not fully reassured as to the effective protection of the rights of the scattered minorities, and that respect was guaranteed for local autonomy whereby the compact minorities must be able to benefit, it would always oppose the termination of the mandate. The condition of emancipation must be respect for the rights of minorities and autonomy.

M. DE CAIX reminded the Commission that the whole policy of the mandatory Government aimed at the fulfilment of this just condition.

NINTH MEETING

Held on Friday , October z,th, 1933. at 4·45 p.m.

Syria and the Lebanon : Examination of the Annual Report for 1932 (cont inuation) Petitions.

M. de Caix came to t h e table of the Commission.

PETITIONS IN FIVE SERIES, (TWENTY-TWO IN ALL) RELATING TO THE POLITICAL ORGANISATION OF SYRIA AND THE LEBANON.

M. RAPPARD said t hat he would deal in turn with the various petitions contained in do~ument C.P .M.1401 and would ask the accredited representative for information on certain pomts. ' F In petition No. 4, in the first ser_ies, from electo~s of t he second degree at Hama, dated ebruary 8th, 1933, he directed attention to the followtng two sentences :

" If the conclusion of the treaty is designed to guarantee the rights of both contracting parties in an atmosphere of good faith, we find no justifiable reason for su.~rising the co.untry by declarations which threaten the dearest of our hopes. Tranquilhty cannot retgn in our hearts if these declarations are rejected."

5

-66 -

The last sentence seemed incomprehensible. Should it not read : " Tranquillity can 01ll)• reign in our hearts if these declarations are rejected " ?

M. DE CAlX replied that there was probably some material error, but thought that the general sense of the petition was clear.

M. RAPPARD, referring to petition No. 7 in the first series, which was headed" Summarised Translation ", enquired by whom the summary had been made.

M. DE CAlX said that he had himself been struck by the heading. It was certainly a bad plan to summari se a petition. He thought, however, that that summary must have been made by an official of the High Commissariat, probably with the object of eliminating verbiage .

. M. RAPPARD, referring to petition No. I of the second series (" ~equest CO:fltaining the Destderata formulated by the Leaders of the Tribe and by the Pnnctpal Alaomte Religious Leaders on the Conclusion of the Congress held by t hem at Latakia from February 13th to 19th "), asked for explanations concerning point No. 5 : " Complete Suppression of Relie-ious Propaganda Missions among the Alaouit es ". Such suppression appeared to him quite contrary to the provisions of the mandate regarding freedom of conscience.

M. DE CAlX replied that it was explained by the fears resulting from t he conversion of Alaouites to which reference had been made at the last session of the Mandates Commission.' Those fears seemed, in point of fact, ill founded, as there had only been 2II conversions and several of the converts had subsequen tly reverted to their former faith.

M. R APPARD pointed out that, in asking for t he complete suppression of religious propaganda missions, the petitioners were acting in defiance of t he terms of the mandate.

M. DE CAlX explained that , though religious propaganda was not restricted provided public order were not disturbed, the Alaouites had the less cause for complaint in that the mandatory Authority had moderated, far more than stimulated, the zeal of the proselytisers of which they complained.

M. RAPPARD next referred to petition No. 2 of the second series, in which the petitioners expressed themselves as follows :

'' We have read, in the Minutes of the meeting of the Permanent Mandates Commission of the League of Nat ions, of the honourable attitude which you have adopted in favour of our autonomy, and of your defence of our independence, a defence which you have successfully conducted in the interests of the Alaouite people as a whole and of its attachment to a state of independence which it enjoyed throughout the Turkish regime. "

The petitioners appeared to have somewhat relat ive ideas on the subject of independence.

M. DE CAIX pointed out that the pet it ioners did not possess very clearly defined ideas about the meaning of that word.

M. RAPPARD observed that, in the second text of t he same petition, the petit ioners claimed, under No. 3, a "distribut ion of public offices in proportion to the number of the Alaouites ". He commented on the wisdom and moderation of that request. The inhabitants of these territories had so seldom shown proof of these virtues in stating their desires to the Commission, that he could not help wondering whether, in this case, the petition was entirely spontaneous.

M. DE CAIX replied that this attitude of docility had perhaps simply been suggested by the many refusals with which far less moderate demands had been met. It had been n~·cessary to make many applicants realise that they were not capable of fill ing the offices to which they aspi~ed. At the same time, many y~mng Alaouites were at present attending Governmen~ or foretgn schools and would soon provtde the human material necessary to enable the AlaoUites to take a larger share in the administration of their country.

M. R APPARD, referring to petition No. I of the third series (" Pet it ion of February zznd opposing Union, from the Notables of the Latakia Ort hodox Community"), noted the petitioners' statement " t hat the present regime is an assured safeguard for the maintenance of order , security and justice in the interests of the count ry's progress". He enquired whether the community was a large one.

M. DE CAIX replied that this communi ty consisted of t he most numerous and by far .the wealthiest body of Christians in Latakia, who realised the advantages of the existing regtme from their own standpoint.

PETITION, DATED} UNE28TH, 1933, FROM THE " ASSOCIATION DESETUDIANTSARABESDEGENEVE".

M. RAPPARD said that he would conclude his examination of the petitions for which he was Rapporteur by referring to the petition from the Arab students in Geneva (document C.P.M.1458). .

The petitioners complai!led that the mandatory Power had followed a policy of repaytn,g the Ottoman debt too raptdly. He was bound to admit that the French Govemment 5

1 See Minutes of the Twenty-third Session, page IJI.

-67-

observations on the_s ubject seemed to him t_o beenti~ely convincing. Moreover, he had made enquiries on the subJect and had noted that, m Palestine, repayment was being made even more quickly.

PETITION (UNDATED) FROM MME. AMINE EL HALABI.

~1. PALACIOS asked M .. d~ Caix for information concerning t he arrest o f F arez el Malek . The members of the Commtsston were always very much alive to such incidents. H e should add that the obser vations o f the mandatory P ower appeared to him quite adequate.

~1. DE CAIX replied that he had been at Damascus at the time. Demonstrations frequently took pla~e against P_arliament and ~ttempts were made to cause them to degenerate into riot:; . The poltce were obhged to take actiOn and t he arrest of the agitators was inevitable .

PETITION, DATED SEPTEMBER 1ST, 1933, FROM MME. H ASIBA MAHOMET EL MOUSRI.

M. PALACIOS ~oted that t~e explanations given by the mandatory Power were very satisfactory . The_ tmportant pomt was t~at t~e person w~?.for~ed the subject of the petition was properly m arn ed and that the house m whtch she was tmpnso ned "was the one in which the marriage had been contracted. Moreover, it seemed that the person in question and her relatives could have appealed to the judicial instances of the State, which t hey had not done.

l\L DE CAIX said that he had before him the marriage act in question . It was obviously \·ery di fficult in a Moslem country to distinguish between seclusion and the customary confinement of a woman in the harem. Perhaps, in that particular case, the husband allowed his wife to go out even less t~an was ";'Sua! in the country, but, in such cases. it was impossible 10 intervene unless a complamt was ftled m Court.

Mlle. DANNEVIG asked whether the girl might have been forced into marriage or migh t have been married without realising it.

)[. DE CAIX replied that, in Moslem life, the position as regards the girl 's consent to the marriage was not the same as in Western countries at the present time. The husband and wife, it must be remembered, were not themselves present at the marriage ceremony, and the document was d r awn up by witnesses representing them .

.Mlle. DANNEVIG asked whether it was normal for such practices to continue under the mandatory regime.

l\L DE CAlX replied that it was impossible for the authorities to ensure otherwise thau by gradual stages a degree of emancipation for Moslem women which would plac(. them on the same foot ing as European women. The social evolution wa~ proceeding gradually.

PETITIONS : (a) DATED MAY 20TH AND j ULY J I ST, 1933, FROM THE " ASSOCIATION SYRIENNE DE TOULOUSE "; ( b) DATED F EBRUARY liTH, 1933, FROM M. SAMI SLEEM; (c) DATED ~lAY I4T11, 1933, FROMM. MAHMOUDWEHBE, EDITOR OF THE NEWSPAPER "EL l iTIHAD " .

Count DE P ENHA GARCIA stated that the quest ions dealt with in the var ious petitions for which he was Rapporteur could be divided into three classes.

There were first general criticisms against the Administration. The mandatory Power's replies had been sufficient to enlighten the R apporteur. Such complaints were on the whole not justified .

There were, secondly, individual questions and personal complaints against certain alleged abuse" of the Administration . F or instance, one petitioner, M. Sami Sleem, had been sentenced tn fifteen days' imprisonment, but his complaint appeared to be ill founded, as the sentence was one which had been quite regularly imposed by the court.

~f. DE CAlX added th at the treatment of the petitioner in prison could not have been very se\·ere, ::.eeing that he had been a Uowed to send a telegram to the League of Nations.

Count DE PENHA GARCIA then asked for explanations concerning the cas~ of M. H~made {docu~en t C. P. M. 1399), who, according to t he petition, had been threat ened w1th expulswn. by the Dt_rector_of the French Sareti ginirale after delivering a speech at D amascus on t he subJect of Synan umon and independence. He asked whether M. Hamade had actually been deported and whether he ha d been expelled from the country.

~I : DE CAlX replied that M. Ha made h ad been summoned to. t he. office of the Pol_ice Commts!>ioner and had been g iven a warning such as was frequently gtven m. Western c~:mntnes. He had been t hreatened, not with expulsio n from the country, but , wtth expulsiOn from Damascus. This had probably been done.

Count DE PENHA GARCIA then asked for explanations concerning the ~ase. of Dr. Rasc~id Jl a_atouk, medical officer o f the t own of Duma (Lebanon) , who had been d tsmtssed for havmg afftxed his signature to a petition demanding union .

. ~1. DE CAIX replied that this was the case of an official who ha~ been d~ly dismiss~d. for havmg ~ngaged in constant political agitation co~trary to the ref?ulahons appbcable t~ offtci_als. The o~dtnary administrative provisions thus applied. Furt her, m the case under constderatlon, the dtsmissal h ad been pronounced, not by th~ ~gh . Commissariat , but by t he Lebanese Government, which was responsible for the administration of the country.

-68 -

Count DE PENHA GARCIA then went on to the third category of complaints appearing in the petitions for which he was Rapporteur-namely, the suspension of [newspapers. He enquired whether the law concerning the liberty of the Press was still the same as two years before, or whether it had been amended.

M. DE CAIX replied that, so far as he was aware, no change had been made in the law The suspension of newspapers might, generally speaking, be ordered in one of two ways. 1~ the case of acts directed against public security, it was the High Commissioner who ordered the suspension ; in the case of statements defamatory to the authorities, suspension was ordered by the local Governments, who, moreover, possessed a similar right in the first case also .

Count DE PENHA GARCIA enquired whether there was any limit under the law as regards the period of suspension.

M. DE CAIX replied in the negative; it was, he said, possible to order a suspension sine die. As a general rule, however, such suspension was inflicted only after a number of temporary suspensions. There was obviously a somewhat arbitrary element in decisions of that nature. At the same time, security lay in the fact that measures of suspension were only ordered after the parties concerned had been heard.

Count DE PENHA GARCIA asked whether the parties possessed any right of appeal. Such measures, it must be realised, also involved certain economic consequences, in view of the damage suffered by the newspaper proprietors.

M. DE CAIX replied that, so far as he was aware, no right of appeal existed. He would however, send Count de Penha Garcia the legal texts governing the matter. As regards th~ economic aspect of the matter, the papers in question had a very small circulation and were not very prosperous undertakings.

SIX PETITIONS, DATED j ANUARY 30TH AND 3IST AND FEBRUARY 3RD AND 5TH, 1933, FROM INHABITANTS OF LATAlUA, HOMS, HAMA AND ALEPPO.

M. 0RTS reminded the Commission of the petition relating to the incidents which bad occurred at Latakia as the result of an insignificant occurrence, when an indiarubber ball thrown by a child had hit an Alaouite soldier. The mandatory Power, in its observations, had given a very vivid description of the occurrence and an explanation which seemed satisfactory. He wished to know, however, whether or not an enquiry had been held and whether punishment had been meted out; had there been any judicial action in t he matter? It was clear that to leave the authors of such incidents unpunished would produce a bad effect.

M. DE CAIX said that he could not give the information requested by M. Orts. Probably a number of persons had been arrested and come up for judgment. He would make enquiries and inform the Rapporteur.

M. ORTS enquired whether nothing further had occurred at Latakia since then. The juxtaposition of Sunnis and Alaouites in the town appeared to create a somewhat dangerous situation.

M. DE CAIX replied that, so far as he knew, there had been no further incidents. The number of Alaouites living actually in the town-where they had not been allowed to reside previous to the mandate-was quite small-a few hundreds. The troops were mostly recruited among the Alaouites, who were the mountain people. But these troops were well discipline.d, as was proved by the fact that the incident which formed the subject of the petition had 1n

the end been of little consequence.

CLOSE OF THE H EARING.

The CHAIRMAN thanked M. de Caix for his courteous and valuable co-operation.

TENTH MEETING

Held on Saturday, October 28th, 1933. at II a.m.

Iraq : Observations of the Commission.

The Commission examined the following d raft :

" The Commission took note of the report submitted by the Government of the United Kingdom on t he administration of Iraq during the period J anuary rst to October 3rd, 1932

•

on which date t he mandatory regime in that territory came to an end and the country ~aJ admitted as a Member of the League. The representative whom the ex-mandatory Power. a

5 placed at t he Commission's disposal gave further information verbally in reply to the questton put to him.

- 6g-

"As las~ year, an~ for the same r~a~ons, .the Commissi~n has refrained from submitting to the Councll observatton.s, on the a.dmirustratw~ of Iraq dunng the first nine months of 1932. It merely calls the Council s attention to the Mmutes of the meetings at which this territory was dealt with. . . .

"Nevert.heless, t he. Co!flmiSSIOn feels bound to pom~ out to the Council a toutes fit~S utiles that, at the t ime of.expiratton of t ~e ~andatoi"¥ regu:ne 1~ I raq, t~e q_uestion of the reparation due to the commumty of t he Baha1 for, t he dental. of Justice of which 1t was the victim had not yet been actually settled , although the commuruty concerned had reason to believe that an arrangement to wh ich it had subscribed would be brought into application."

Count DE PENHA GARCIA observed t hat , from the draft text of the observations it appeared that the Co~mission had d.iscussed only the Bahai question, which, in his view, 'did not merit more attention t ha n certam other matters which arose in connection with t he last report of the ex-mandatory Power just examined by the Commission. Consequently, it would be preferable merely to mention the Bahai problem in the body of t he statement. The fact that the Council's att.ention was drawn to the Minutes of the meetings at which Iraq had been discussed should suffice.

M. RAPPARD, supported by Lord Lugard , thought that the observations should state t hat various points had arisen, including that of the Bahai.

Mlle. DANNEVIG asked why, if t he Commission referred to t he Bahai problem, no mention was made of the Assyrian problem.

The CHAIRMAN replied that the situation with regard to the latter was different. The Commission had discussed the question of the Assyrians last November-that was to say, after the expiration of the mandatory regime in Iraq-in accordance with a request made by the Council in September 1932. Consequently, the Commission's recommendations with regard to tht- As<;yrians were subsequent to the termination of the mandatory regime.

M. ORTS admitted the soundness of this argument, but pointed out that the curious part of the case lay precisely in the fact that, in the previous year, the Commission had had to consider the Assyrian question after the proclamat ion of the independence of Iraq, because certain petitions, submitted previous to t he terminat ion of the mandat e, though they had been received in time to be examined, bad not been so examined. There had, t herefore, been a sort of compromise between a moral obligation and strict law.

~f. RAPPARD drew attention to the difference between the t wo cases : no international tribunal was any longer cogn isant of the Bahai question , whereas the Council had the question of the Assyrians before it .

M. DE H ALLER (Mandates Section) explained t hat the Commission had examined t he petitions of t he Assyrians after the termination of the mandate only because it had definitely been requested to do so by the Council. Had it not been so requested, it might be doubted whether the Commission would have had any power to examine them.

Mlle. DANNEVIG reminded t he Commission of what had been said previously-namely, that the Commission ought to make a sort of testament from a humanitarian point of view, expressing its views on the Assyrian question . There was no need to push prudence so far as to remain entirely silent on t he point.

Lord LUGARD thought that it was not snfficient merely to draw attention to .the Mint~:tes . The :\finutes would be read , it was hoped, in any case ; but, in view of the still unfulfilled promise regarding the Bahai, he thought that mention should be made of that case. If t he Commission said nothing about the Assyrians, that was because the problem was before t he Council.

After an exchange of views, the Commission adopted, with certain amendments, the final text to s"bmitted to the Council (Annex 17).

Procedure to be followed in respect of Peddons (continuation}: Formula proposed by the Sub-Committee.

The following text proposed by the Sub-Committee was read :

" When a member appointed to report on a petition finds th~t t?e sa~d ~tition is obviously inadmissible or trivial , he shall confine himself to proposmg tts reJectton to the Commission in writing. ,

" The cases in which t he Commission has endorsed the Rapporteur s pro_Posal of rejection shall be enumerated under a special heading in t he report to the Counctl."

. M. VAN REES explained that the Sub-Committee had been in agreement upon two points : ~n the first place, that there was no need at present to amend the exis~ing rules, and •. secondly. hat there was. no need to modify the present p<;>wer~ of the Chairman. The atm o! the

proposal submttted to the Commission was to stmphfy the work of members appomted Rapporteurs for peti tions which were accompanied by the observations of the mandatory Power.

of M. 0Rrs. recalled that, in raising the question, ~i~ anxiety b~d not. ~een to ligh~en the w<?rk wathe C:Omm1ssion, but to avoid giving undue publiCity to cer~am petitiOns the object of which

5 futile , or which were clearly intended for personal advertisement.

-70-

The CHAIRMAN observed that, in the present case, the pr ocedure in question was one which the Commission alone was competent to settle.

The formt,la proposed by the Sub-Committee was adopted.

Petitions rejected in accordance with Article 3 of the Rules of Procedure concernio~ P etitions : Report by the Chairman.

The Commission noted the Chairman's report (Annex 3).

Cameroons under French Mandate: Petition, dated Au~ust 11th, 1929, fr om Ngaka Akwa, Theodore Lobe Bell , and Other Chiefs of Duala, and Petition, dated September 5th, 1930, signed by M. Manga Bell.

The Commission adopted the conclusions of M. Rappard's report (Annex 12).

ELEVENTH MEETING

Held on Sunday, October 29th, 1933. at 10.30 a.m.

Islands under Japanese Mandate : Petitions, dated September 3rd, 1931 , and April 28th, 1932, from M. Kashishiro Masakiyo, acting on behalf of M. Wan Cablera.

The Commission adopted the conclusions of M. Van Rees's report (Annex 14).

South West Africa: P etitions, dated March 5th a nd June 8th, 1933, from M. W. Eichhoff, Oka rna tang a ra.

The Commission adopted the conclusions of Lord Lugard's report, subject to a slight drafting amendment (Annex rs).

South West Africa : Petition, dated April 24th, 1933, from M. A. Bergmann.

The Commission adopted the conclusions of Lord Lt,gard's report (Annex r6) .

South West Africa : Petitions, dated March 29th and April 5th, 1933, from Certain Members of the Rehoboth Community.

On the proposal of Mlle. DANNEVIG, Rappor teur, seconded by Lord LuGARD, the Com mission decided to adjourn the examination of these pstitions to its next session.

Togoland under British Mandate : Observations of the Commission.

After an exc hange of views, the Commission adopted its observations on Togoland under British mandate (Annex 17).

Cameroons under British Mandate : Observations of the Commission.

N: After an exchange of views, the Commission adopted its observations on the Cameroons wnder British ma"date (Annex 17}.

TWELFTH MEETING

Held on Monday, October 30th, 1933, at 10.30 a.m.

Ruanda - Urundi : Examination of the Annual Report for 1932.

M: H a lewyck de. Heusch, Director-General in the Belgian Ministry for th~ ~olonies . accredtted representative of the mandatory P ower, came t o the table of the Comm1sswn.

WELCOME TO THE A CCREDITED REPRESENTATIVE .

· ted The C HAIR:\IAN (l\1. Va n R ees) welcomed M. Halewyck de Heusch, who had beenappoln .

accredi ted representat ive of the mandatory Power for the examination of the annual repor\ T he Chairman asked whether the accredited representative wished to make a general statemen on the situat ion in the mandated territory.

-71 -

M. HALEWYCK DE REUSCH replied .th~t a very full statement of the policy of the Belgian Govern~ent had a.ppeared at .the begmmng of the report. for 19.30. Furthermore, he had himself m the previous year given a general survey of native policy. He did not therefore think it woul~ be ~sef~l to make a new general statement, as no considerable changes had taken place in the s1tuat10n 10 1932.

DELDJITATION AND R E-GROUPING OF TERRITORIAL DISTRICTS : DEPOSITION OF CHIEFS AND SuB-CHIEFS AND POLICY ADOPTED BY THE MANDATORY POWER IN REPLACING THEM.

~I. PALACIOS asked if the accredited representative would explain the following passage in the report (page 18) : ·

" A.n <?rdinanc~ of. the Governor-Gener~l, dated ~a~ch 17th, ~932, has modified the ternton al organ1sat10n o f Ruanda-Urundi by determmmg the vanous administrative districts and defining the frontier separating the two Residencies."

M. ~ALEWYCK DE ~EUSCH .rep~ied ~ha~, since the organisation of the mandatory regime, the frontiers of the vanous terntonal dt.stncts had never been clearly defined by the Belgian Administration. Posts had been estabbshed without any exact delimitation of the territory under their authority. The experience now acquired had made it possible to carry out a very detailed del imitation in 1932. At the same time, the Administration had endeavoured to effect a more satisfactory division and grouping of the administrative dis tricts. It had thereby been found possible to r~duce ~heir number from 20 to 17 by the fusion of certain territories, as s tated in the report tmmedtately after the passage quoted by M. Palacios.

Lord LuGARD observed that the report sometimes referred to " provinces " and sometimes to "native provinces ". Moreove1, certain provinces were divided into chiefdoms ( chelferies), while others were composed only o f sub-chiefdoms (sous-chelferies).

~1. HALEWYCK DE REUSCH replied that, whenever provinces were mentioned in the report, the term always referred to native provinces, although the adjective had, in certain cases, been omitted . There existed no province, in the European sense of the word, within the mandated territory.

Tn certain provinces, there were not two or more chiefdoms, because native districts of the second category were not sufficien tly important to be so characterised. It was for that reason that they were merely sub-chiefdoms, t he whole native province forming one single chiefdom.

In reply to a fur t her question by Lord Lugard, the accredited representative explained that the sub-chiefdoms were, in every case, under the direction of native notables.

Count DE PENHA GARCIA desired to obtain further information regarding the native policy of the mandatory Power. I n the present report, it was said that the re-organisation had achieved the expected results. H ad this re-organisation been carried out on the lines of the previously existing structure, or had important changes been made in the boundaries of the native territories?

M. HALEWYCK DE R EUSCH replied that an effort had been made to ensure that the new ad~inistrative districts of a Europea n character coincided with the native provinces. and chtefdoms. In the first place, however, the Administration had re-grouped these provmces and areas. It should be remembered that former Mwamis had endeavoured to divide up and ap~onion their fief lands in such a way that the vassals would find it difficult to concentrate then resources and gather together their men to attack their liege-lord. Frequently, a great feudal owPer admini-;tered lands in three different extremities of the Sultanate. The mandatory Power had endeavoured to combat this splitting up of land. It had effected a ~oncentration of estates and communities, in particular by the exchange o~ lands. ~he chtefs had willingly concurred in this operat ion, and it had been found poss.tble to bnng together persons belonging to the same tribe. After this preliminary ope~at t?n ha.d been accomplished, the European administrative districts bad been made to comctde wtth the re-organised native districts.

M: <?RTS reminded the accredited representative t hat at its. twe~ty-first session 1 .the Commtsston had dealt with t he quec;tion o f the deposition of certam .c~tefs and petty ch~efs. It had been struck by the considerable number of these deposttton~. The ~c.credt~ed repre~ent~t ive had explained t hat the depositions were the corollary of a work of admu11strat tve orgamsa~ton during which there had been a weeding-out process am.oPg the personnel ~nd a re·gr?upt~g of dis.tricts. The annual report for 1932 showed. that, tn m?st of the provmces. the St~u.atton was m general satisfactory, but th~t there had sttll been a fatrly large number of denostttons, in spite o f the fact that the re-organisation appeared to hav~ ~een C?mpl~ted~

Were the new chiefs and sub-chiefs appointed to replace those deposed glVtng sah sfact10n ·

f ~1. HALEWYCK DE REUSCH reminded t he Commission that, at the time o.f .the examination a~ the 193~ report, he had said that the situation would not be reallx st~bth~ed before 1~33.

d .had htnted that, as the territorial re-organisation would be c0ntmumg tn 1932, a fatrly ~nstd~r~ble number o f changes might be a nticipated in that year. The report which the

mmlsston was examining was precisely the report for 1932. ----1 See ·'hnute~ •> f the Twenty.first Session, page 17.

-72 -

. As regarded the new elements, the authorities were, generally speaking, satisfied with th choice made. Removals of t hese elements were a very rare occurrence. It was obvio 1 e impossible to decide that, under the new regime, no chief would ever be deposed. It us Y impossible to lay down a r ule of irremovability, which would lead to abuses. The f~vas exp~r~ment.s had, however, been very encouraging, a~d ~e thought that henceforth consider:~~~ stability might be hoped for as soon as the re-orgamsahon was terminated. e

M. 0RTS asked whether the numerous removals in 1931-and even in 1932-had n t embittered the persons thus affected, with the result that they had endeavoured to stir ~ part of the population? P

M. HALEWYCK DE H EUSCH said it must be remembered that the non-permanency of th po?ition of chiefs had been a feature ?,f th~ previ~us regime. Acco!ding to ancestral custom~ chi~fs c~uld be depos~d at the Mwamt s will, and I n fact the Mwam1 .o~ten exercised his power arbitrarily. The natives had therefore been accustomed to depositions, even without just cause. At the present time, a chief was only deposed after his case had been carefully considered; and on adequate grounds, so that public feeling was much less aroused. The deposed chiefs accepted their fate with resignation, now as in the past.

Lord LuGARD asked whether the new chiefs were imposed by the Administration or chosen by the natives in accordance with the usual procedure under the system of indirect government . Did the chiefs receive any salary?

M. H ALEWYCK DE REUSCH replied that the chiefs and sub-chiefs were appointed and deposed by the Mwami on the advice of the Government, which acted much in the same way as it would under a protectorate.

The native chiefs received an emolument in the form of 2t per cent of the amount of the annual yield of the poll tax and cattle tax.

Count DE P ENHA GARCIA asked whether the chiefs retained the sums due to them as emoluments out of the taxes they collected or whether they were paid by the Administration.

M. H ALEWYCK DE R EUSCH replied that all the taxes were levied by the Administration, which then handed back certain sums to the chiefs, according to a pre-determined scale.

Count DE PENHA GARCIA asked what principles were applied in selecting new chiefs. Were they appointed according to tradition or were the individuals best fitted for the post selected irrespective of native custom?

M. R ALEWYCK DE R EUSCH replied that every effort was made to conform to tradition. Tradition, however, was not very clear, owing to the arbitrariness with which former Mwamis had been able to select chiefs. In practice, when a chief had to be replaced, the authorities chose his successor, as often as possible, from among t he members of the former chief's family ; but it selected therefrom the person best fitted for the post.

Count DE PENHA GARCIA observed that t he Administration regarded the ch iefs essentially as its agents and that, in consequence, it judged them from that point of v iew. It thus held that the educated chiefs were the best. That was only natural, so far as the Administration was concerned, but were t he natives satisfied that the best educated persons should be placed at t heir head, rather than the persons designated for such office by tradition?

M. R ALEWYCK DE R EUSCH replied that the bulk of the population cared very little whether their chief was educated or not. What they wanted was that he should be of noble blood and should be selected from among those designated by tradition. The mandatory Power had organised at Nyanza a school for the sons of chiefs, so t hat it was possible-thr:o~gh this institution-to reconcile the interests of education and progress and those of tradition. The new chiefs were educated men. They thus satisfied the Administration's wishes, and, as they were also members of good families, the feelings of the population were respected.

I n reply to a further question by Count de Penha Garcia, he stated that, as soo~ as the school was opened, the chiefs' sons had come forward of their own accord in constderable numbers. A point to be remembered was that the noble race of t he Watutsi was, by nature, very intdligent. The young men of this race were fully aware of the object which t he ma!ldatory Power had in view and many of them realised the importance of education. No difficulty had been encountered in persuading them to attend t he school.

Count DE PENHA GARCIA enquired whether the ch iefs, and in particular the sub-chiefs. had really understood the importance of compulsory crops, and whether they were ready to serve the policy of the mandatory Government in t he matter.

M. RALEWYCK DE REUSCH replied that in this domain a certain amount of resistance ha~ been encountered on the part of the older chiefs ; this attitude, if persisted in without ~n} hope of change, had led to their. dismissal. T~e reason. for this was th~t the Administratif:. regarded action to prevent famme as a question affectmg the very existence o! the peop d When, therefore, in t his matter, it had encountered ill-will on the part of a chief, 1t was boun n to act relentlessly. Young chiefs now realised the need to co-operate with the Europea authorities and assisted them unreservedly in carrying out their economic policy.

- 73-

Count DE PENHA GARCIA enquired whether any collection of native customs existed and

1rhether the chiefs intervened in minor disputes between natives.

M. HALEWYCK DE REUSCH replied that there was no collection of native customs. With regard to the second point, chiefs intervened unofficially in such disputes between

natives as were not brought before the courts and gave advice; but it was known that for many, advice from a chief was tantamount to a command. '

Lord LUGARD observed that the course for chiefs' sons at the Nyanza school lasted six rears and that they went o_n to a supplementary course, lasting two yea~s, at Astrida. Was ihere not the danger that tf ~hese young men wer~ kept ?-way from thetr homes for so long they might become Europeantsed and lose touch wtth thetr people and with native customs?

M. HALEWYCK DE REUSCH pointed out that thisquestion-thesafeguardingandobservance of native customs-had already been raised in the Commission.1 The latter had asked whether it might not be well, in the sc~ools for chief~' sons, to p~ovide for the teaching of custom. Such a course was at present bemg prepared ; 1t would be gtven at the Astrida school. The fact that chiefs' sons remained away from their tribes would thus no longer be open to the same objections.

M. RAPPARD was struck by the lack of permanence of the chiefs. Many depositions were reported. In addition, several chiefs had asked to be relieved of their duties and one sub-chief had even given up his post to enter a seminary (page 62). He wondered whether this instability was explained by the intellectual development of the chiefs or whether the difficult ies were due to the fact that they were not generally of the same race as those over whom they ruled.

~1. HALEWYCK DE R EUSCH replied that, generally speaking, there was no question of race hostility. The population showed real veneration for the Watutsi nobles. The lower race recognised a ll the qualities of the higher race, which had-so hist orical research seemed to prove-entered and been received in the country peacefully.

The instability to which M. Rappard had referred was the outcome of mistakes committed by the former Mwamis. The territory had been dismembered arbitrarily and quite illogically by the Sultans, who, by the dispersion of the human and material resources of their vassals, hoped to protect themselves against the hostile action of potential rivals. The Administration had been obliged to effect territorial readjustments and regroupings, in the course of whicn ill-disposed or inefficient chiefs had been removed from office. Many of the former chiefs had been imbued with the idea of absolute power exercised exclusively for their own benefit, ~egardless of the r ights and interests of their people. Consequently, they found the new regime Irksome, based as it was on the principle of improving the condition of the natives. It had therefore been found necessary to dispense with their services. Many of those chiefs were mere parasites and rendered no service to the population.

M. RAPPARD pointed out that, none the less, in the Ruhengeri territory, the chiefs see~ed to have encountered serious difficulties in the exercise of their office, nine of them havmg asked to be relieved of their duties.

Lastlv, reference was made to difficulties between the chiefs of clans and the chiefs of sub-chiefdoms. Th is seemed difficult to reconcile with the feeling of veneration of which the accredited representative had spoken.

~1. HALEWYCK DE REUSCH pointed out that the Ruhengeri territory, t? whi~h M .. Rappar_d ha~ JUst referred , was a frontier area. It was one of the very few admimstr<i;tlve _dtstncts m whtch there were races other than the Watutsi and the Bahutu, some parts or tt bemg peopled by tribe,, the Bahima, akin to those of Uganda. There were thus in this regi~n _seve.ral different ethnic g roups, and that was largely the cause of t he oppositi<Hl and d tfftcultles. h accounted also for the lassitude of certain chiefs.

. ~I: RAPPARD then drew a parallel between the situation in Tanganyika and that in R~an?a­Urundl. . B?th territories were under a regime of indirect gover.nment, bu.t the apphcat~on of. the prmctples seemed to him somewhat divergent. In Tanganytka, the chtefs became chtefs Wtth the assent of those whom they governed, and were then recognis~d by t~e mandatory Pow~r.. In Ruanda-Urundi, on the contrary, they seemed to be appomted duectly by _the Adnumstration and appeared to be simply the latter's agents. Could the accredtted representative give some explanations on the subject ?

. M. HALEWYCK DE R EUSCH replied that, in Ruanda-Urundi, in th~ appointmen~ _of chiefs ;which. was a prerogative of the Sultans), the wishes of the population and tra?thon were

1:ken mto account as far as possible . The new chief was, in so far as that were feastble! chosen caom !he sam~ ~amily as the deceased or deposed chief. It .s~ould be added that 10 some

se~ It ~vas dtff1cult to d iscover and determine what the trad1tton was, because the absolu!e and arbttrary power wielded by the former Mwamis had considerably overclouded certam rustomary rules. w The chiefs were only the agents of the Administrat ion in a certain sense. Ever_y endeavo~r re~s made to. ensure that they should conserve their customary powers and duties. In thts otpect , nothing had been changed, but it should always be remembered th~t, under the t~r_ms co~h·e.mandate itself, it was the Administration's duty_ to endeavour t? _1mpr?ve the hv~ng ~the population. There could be no questiOn of the AdmtmstrattOn neglecting

'Sec~· .. . ·•mutes of the I wenty-sccond Sesstoo, page 135.

-74 -

this duty. It had therefore been obliged to issue instructions to the chiefs, both in political and in economic matter!', in order that the latter might co-operate with it in fulfilling its impor tant civilising mission.

M. 0RTS did not view the situation in quite the same way as M. Rappard. The latt had contrasted t he st at e of affairs in Tanganyika with that which existed in Ruanda-Urundi~ but in t he territory under Belgian mandate, it mu5t be remembered, the only real chiefs wer~ t he t wo Mwamis, who were appointed by native custom, as was the case for the Tanganyika chiefs. The rest of the chiefs and sub-chiefs in Ruanda-Urundi were merely subordinate· over whom the Mwamis exercised authority, subject to the supervision of the mandator~ Power. I n his view, there were t hus in Ruanda-Urundi only two major chiefs, whose powe?~ corresponded to t hose of t he more numerous Tanganyika chiefs who generally ruled over ; smaller number of subjects.

M. RAPPARD said that he was struck none the less by the lack of permanence which obtained in Ruanda-Urundi and of which no corresponding example could be found in Tanganyika. Moreover, it seemed to him that there was a considerable difference between t he powers of the big chiefs in Ruanda-Urundi and those of the Tanganyika chiefs who had been likened to them. I n Tanganyika, the powers of the chiefs were generally wielded over a far less extensive area.

Lord L UGARD said that, in the greater part of Tanganyika, there were no chiefs who exercised powers comparable to those of the Mwami, though the sultans of Nyamwezi and Usukuma, and the chiefs of Bukoba were important rulers. When a people had reached the " kingdom" stage, as in Uganda or Ruanda, it was an advantage to utilise the influence and prestige of the chiefs, and to allow them large discretion in the appointment of subordinate chiefs and headmen of districts. He thought Uganda offered a closer parallel than Tanganyika.

1\l. HALEWYCK DE REuscH thought that t he opinion expressed by M. Orts was justified in t heory, but t hat Lord Lugard's observations came much nearer to realities. There were in each of the sultanates of Ruanda-Urundi numerous chiefdoms and sub-chiefdoms which together formed one single, vast edifice, at the head of which was the .Mwami. This organisation could be better compared with that in Uganda, where t he same feudal system was in operation, rat her than with that in Tanganyika Territory, where a number of chiefdoms existed side by side without any ties of allegiance towards a common overlord .

ACTIVITIES OF THE FORMER MWAMI MUSINGA AND DEVELOPMENT OF THE SULTANATE UNDER HIS SuccEssoR.

M. ORTS observed that, on pages 6o and 6r of the report, where reference was made to the doings of the former Mwami, the possibility was mentioned of penalties if these acts were repeated. Could the accredited representative state whether the former Mwami had persisted in his attitude in 1933?

M. HALEWYCK DE R EUSCH replied that, since the receipt of the information given in.the repon, the Central Administration had received no further complaint concerning the do~ngs of Musinga. He therefore concluded that all was well, but had no definite and ofhc1al information on t he subject.

M. 0RTS noted t hat t he report was very eulogistic regarding Musinga's successo~. Could t he accredit ed representat ive give any details concerning the new Mwami's personality?

M. HALEWYCK DE REUSCH replied that the difference between the new and the former Mwami had been quite as marked in the political as in t he economic sphere. .

~1usinga had taken absolutely no in terest in his political duties and had adopt~d an.e~urel~ passive att it ude. He had refused to fulfil his du ties and had even neglected h1~ IIllSS!On a~ judge. After numerous efforts, Musinga had finally been persuaded to tour h1s. sultanate in order t o familiarise himself with the needs of the population . On his return, mstead ?J proposing improvements or any measures on behalf of legitimate native interests •. he had ~at . t hat his tour had proved to him that his subjects were not rendering him sufficient service~ or paying him all t he tribute t o which he thought he was ent itled. t

The new Mwami , on the contrary, immediately on his accession to power, had begun ~ take a very active part in the administration. He had toured t he whole of his sultanate.and had given judicious instructions to the chiefs. He summoned the chiefs to his cou.rt , ~xphu~e~ to t hem the art of administration and indicated the principles they should follow ~n d~spens!ll~ true justice, t he rules to be followed in collecting taxes, etc. I n the matter of Justtce, ~0\ par ticularly, there had been formed a group of four counsellors, chiefs well known for 1, ~i in tegri ty, who assisted him in the exercise of his jurisdiction, and heard with the ~1\la i the cases which came up on appeal. Generally speaking, under the rule of the new ~. wa~,i~ just ice had been dispensed in accordance with the principles of equity. In short, unhke · predecessor, t he new Mwami was discharging his duties in a remarkable manner. d (l{f

From an economic point of view, the mandatory Power's chief aim had been to war 1." h. ect a ,l. t he famines which in t he past had so frequently devas ta ted the country. In t IS resp der: the former Mwa mi had shown a very passive disposition. He did not carry out th.: or)jcr. received from the Administration, and had even secretly opposed t he mandatory Power :.:Ot-i' The new :\Iwami had, on t he contrary, since his accession, issued instructions to aU the c 1~\:U,c see t hat the compulsory food crops were grown regularly. He had developed the gro ·•

-75 -

of rnanioc, aver):' hardy ~lant. He had encouraged new c<?ffee plantations.' a form of agriculture ·bich might bnng considerable revenue to the population, and had stimulated the work of ~~-afforestation and. drainage.. . . .

In short. both m t he pohtlcal and m the econom1c sphere, the new l\1wami had shown rery c?mmendable energy, and the mandatory Power could not but crmgratulate itself on his attitude.

M. ORTS thanked M. Halewyck de Heusch for the very full and complete information he had supplied on this subject. ·

Lord LUGARD _noted ~ statemen~ on pa~e. 6o of the repor~ to the effect that the deposed \!wami had not res1gned h1mself to his deposition and was seekmg to create trouble. Would it ~ot be advisable to deport him to a more distant region?

M. HALEWYCK DE R EUSCH replied that the former Mwami had received several serious warnings. He had ~een told that, if _his behayiour did not change, the aut horities would be obliged to transfer h1m to another terntory. Smce then, he would seem to have been behaving himself better, s ince no new report concerning his doings had reached the Central Administration. If the former Mwami had not already been deported outside Ruanda, that was due to the pleadings in h~s favou.r ~f th~ new Mwami-his son. But, naturally, if, in spite. of t he warnings, )fusinga conhnued h1s mtngues, he would have to be made to leave the terntory over which he had exercised authority.

POWERS AND DUTIES OF THE COMMISSIONER-GENERAL.

The CHAIRMAN noted on page 17 of the report a reference to the Commissioner-General. What exactly were the powers and duties of this high official? Had he some special duties of inspection in the territory ?

~I. HALEWYCK DE H E USCH replied that the Commissioner-General was the personal assistant of the Governor. He deputised for the Governor in the latter's unavoidable absence and assisted him in his ordinary duties. He dealt with current administrative questions. so that the Governor might be free to examine and settle major issues.

The ordinary duties of the Commissioner-General were not, therefore, those of inspection . Xemtheless, the recommendations of the Central Government, enjoining a ll officials, including 1he GoYernor, to make tours of inspection as frequently as possible, a lso applied to the Commissio ner·General.

~I. 0RTS was glad to note that a definite appointment had now been made to t he post of Commissioner-General. A few years ago the post was vacant. The Commissioner-General bad an important part to fulfil, in that he ensured the continuity of Government action when the Governor himself was absent or prevented from attending to some matt er.

TERMINOLOGY EMPLOYED TO DESIGNATE LAWS AND ADMINISTRATIVE ACTS.

The CHAIRMAN, referring to pages 22 and 23 of the report, noted the complexity of the ~erminology employed to designate the various laws and administrative acts. There were, tn particular, "arrttes ministeriels ", "arretes du secretaire d'Etat ", "ordomtances simples ". and "ord01mances-lois ". Could the accredited representative give some further explanation regardinR the exact signification of these different terms-for instance, were the "arretis mi11istiriels " the same as the " arretes du secretaire d'Etat " ?

~1. HALEWYCK DE R EUSCH replied that these two categories of arrtte were not the same. The" arretes ministe-riels " were promulgated by the present Government , whereas the arretes kn~wn a " arretis du secretaire d'Etat " dated from the period of the Congo Free State, of whtch the highest officia l- who might be described as the Minister-at Bruss_el.s was t?e ecretary of State. As was known, Ruanda-Urundi was able, through the decJsJOns of 1ts ~overnor, to derive its laws from the laws of the Congo. It thus happened that there were mtroduced into t he official Acts of the mandated territory certain arr_et_is of the _form~r Secretary of State which were still valid in the Belgian Congo and the prov1stons of wb1ch still met cu:rent requirements.

W1th regard to the "ordonnances ", two different kinds of enactmen~s c?uld be promulgated by the Governor-General under Congolese law : the first were leg1slattve Acts known by usage as " ordonnances-lo1s "; the second were administrative Acts and were termed '' ordonnances " pure and simple. For the purposes of his jurisdiction and for th ese purposes alone, the Governor of Ruanda-Urundi might sign either kind of" or4onnance " . " Wherever in the report the word used was simply "or~onnance "~ this destgn":t~d the Act 1 the Governor of Ruanda-Urundi · the Act of the supenor authonty W\\S speclfted by the

~v<'rd~ "ordonnance du gouverneur general ". This distinction was very carefully observed In t~e various t~xto; of the laws and regulat ions annexed .tot he repcr~ . He cou ld not, however, ~uatantee that 111 the text o f the report itself the terminology had 111 every case been equally accurate.

(ON\'ENTION RELATING TO THE EASTERN FRONTIER OF THE TERRITORY.

~1. 0RTS pointed out thal at the Commission's twenty-second session,1 the accredited representative had announced ' that a Convention concerning the frontier between Ruanda· ----

1 "ee \r ~ •nute> n f the T wenty-second Session , page 241 .

Urundi and Tanganyika had been submitted to the Belgian and United Kingdom Governm for approval. He had added t hat, when t his text had been definitely established e~s Convent ion would be submitted to t he League Council for approval, "as it would invoiv e slight change of the frontier". e a

On page rs of the annual report for 1932 it was said that this draft Convention "wo ld not modify the frontier line, but would regulate the use of the waterways forming the territo ~ 1 boundary, the use of their tributaries and of the rivers rising in one country and flowin;'r to the other country ". n

Could the accredited representative state whether this Convention had been approved bv the two Governments? Could he say whet~er it involved any modification of the frontiei, as he had stated at the twenty-second session, and could he supply the Commission \\itb a copy of the Convention?

M. HALEWYCK DE REuscH replied that. the .Convention. to ~hich. he had previously referred had not yet been approved, as certam pomts were shU bemg discussed by the two States concerned. In reality, there were two Conventions submitted for the approval of Belgium and the United Kingdom, one, which might be called the main Convention, determined the frontier in the Kagera region, while the other, an ancillary Convention, was intended to settle riparian righ ts along the watercourses which would be affected by the main Convention. When the definite texts of both these Conventions were ready, the Council of the League of Nations, to which the texts would be submitted for approval, would be required to take action.

M. RAPPARD asked whether t he accredited representative could explain the sentence on page IS of t he report : " The draft Convention has been submitted to the Governments of Ruanda-Urundi and the Tanganyika Territory for examination ". What exactly were t hese Governments, and by whom had t he draft Convention been submitted to them?

M. H ALEWYCK DE REUSCH replied that the draft had been studied by the local authoritiei and submitted, with t heir observations, to the home Governments--i.e., the Government: in London and Brussels. The local authorities examined questions of fact on the spot, bm t he conclusion of Conventions of t h is kind involved the solut ion of a certain number of quest ions of law which the home Governments had to settle.

FRONTIER TRIBUNALS.

M. RAPPARD observed that, on page r6 of the report, reference was made to frontier tribunals, some of which operated in respect of Ruanda-Urundi and the neighbouring manda:ed territory, while others operated between the two Residencies. What law was applied by such of these frontier tribunals as were international in character?

M. HALEWYCK DE R EUSCH replied that t he disputes with which t hese tribunals dealt mainly concerned the ownership of live-stock and questions connected with family life (marriages, handing over of dowries, restitution of dowries, etc.). When a dispute aro~e, it was brought before a tribunal consist ing of chiefs chosen in each of the two countnes concerned. These tribunals gave decisions which were final and b inding. The Jaw they applied was native customary law, which was identical on both sides of the frontier, since the frontier separated peoples of the same race. These observations applied both to the tribunals which met along the frontier of the two Residencies and to those set up near the frontier of t he two neighbouring countries.

Lord LuGARD asked whether these tribunals included European members.

M. H ALEWYCK DE HEUSCH replied that they were composed exclusively of n~til'ei: but were supervised by officials of the European Administrations, who intervened If 3:"~ decisions were reached contrary to justice and equity. In order to exercise more eff~c~n~ supervision, they often presided over the meetings. I n most cases, moreover, the dectsi.on~ were just. As far as he was aware, only one session of a frontier tribunal had been sub]~· to serious criticism : he referred to a session held in 1931 by t he Luvungi Trib';lnal operat~E on the frontier between the territory under mandate and the Belgian Congo, which .h~d sh~11 n some partiality. A number of its decisions had had to be modified by the AdmnllStratlon.

M. RAPPARD t hought it was fortunate that t he case mentioned by the . a~red~ted representative had occurred as between t wo territories both under Belgian admmJstratt~n There might have been difficulties if a similar case had arisen as between territory un er Belgian mandate and t he territory administered by another State.

M. HALEWYCK DE R EUSCH replied tb at , to his knowledge, no such case had occurred~ If a case of that kind did arise, he did not think that there would be any difficulties, beca~s~ the relations between the authorities of Ruanda-Urundi and those of the neighbourtn, foreign countries were excellent.

ECONOMIC E QUALITY. . il

::\1 . ORTS reminded t he accredited representative that, some time ago, the League ;o~;.~d had invited the Pow~rs entrusted with A and B mandates. to stat.e the rules the):' ~ :~ice! in the matter of public works and for t he purchase of supphes required by t he publtc -~ tior. All these mandatory Powers had replied, and the Belgian Government, in its communJ)a had dated J une 8th, 1929 (League of Nations Official J ournal, September 1929, page I344 '

-77-

1 ted that tenders were invited in the case of all purchases on the spot or works to be ~~ied out whenever the esti_mated cost o_f such exceeded 3,000 francs. On page 226 of the

2 report, however, was prmted an Ordmance of September 7th, 1932, establishing certain :2/es for orders _and the adjudication of wo;ks and supplies for the territory under mandate. (.;nder this Ordmance, contracts for supphes, transport and works, t he total cost of which did not exceed ~o,ooo francs, ~o.uld be concluded_ b~ private contract. I t wo'!ld therefore :eem that the figure of t~e mmu~um cos_t necessi_tatmg te_nders. had been modified. Could ;he accredited representative furmsh any information on this subJect?

~f. HALEWYCK DE HEUSCH replied that the sum of 3 ,000 Belgian francs originally stipulated -which hardly amounted to 420 gold francs-had been found to be insufficient to allow the rarious departments to meet their current expenses. The figure had therefore been raised to ro,ooo Belgian francs, or 1 .400 gold francs. That was surely not an unreasonably high figure.

REGULATION OF FISHERY CONCESSIONS.

Lord LuGARD referred to the Ordinance of October IIth, 1932, by which the Decree promulgated on J uly r zth, 1932, and regulating fishery concessions (page 231), was rendered applicable to the territories of Ruanda-Urundi . Had this regulation formed the subject of an arrangement with Tanganyika Territory under British mandate? Moreover, did these concessions constitute a monopoly, and, if so, were the native rights duly safeguarded?

M. HALEWYCK DE HEUSCH said that the Ordinance of October IIth , 1932, only extended to Ruanda-Urundi a Decree promulgated for the Belgian Congo regulating the granting of fishery concessions to European enterprises. The application of this Decree prevented rivalry and disputes in connection with the choice of fishing-grounds. The Decree merely gave to the Governor of Ruanda-Urundi the power to grant concessions. As far as he knew, it had ne\·er yet been applied in practice. In any case, the rights of the natives were entirely safeguarded, as was shown by Chapter III of the Decree ent itled " Respect of Native Rights".

M. Halewyck de Heusch added that this regulation had not necessitated any negotiations with the authorities of Tanganyika Territory, because it referred solely to fishery concessions in territorial waters, where, as was known, the riparian authority possessed unilateral and sovereign rights.

AGRICULTURAL DEVELOPMENT.

Mlle. DANNEVIG noted that the mandatory Power encouraged the development of peasant crops and that it encouraged also the growth of certain products, such as coffee, of which there was already over-production in the world. Was there not the danger that disappointment might await t he producers?

M. HALEWYCK DE HEUSCH replied that Mlle. Dannevig was touching here upon a very complex question of general economy, which he felt the Mandates Commission was not called upon to decide. The question involved the whole economic position throughout the world, and it was not possible to assess one of the mandatory Power's undertakings in the light of temporary and exceptional circumstances obtaining in a time of crisis.

MEASURES TAKEN BY THE AD1>11NISTRATION TO PREVENT FAMINE.

The CHAIRMAN directed attention to t he part of the report relating to measures for the prevention of famine in which the mandatory Power explained what had been done in that sphere. The report read as follows (page 102) :

"During the past three years, considerable efforts have been expended, and the results are such that it is possible to state that, except in the event of an abnormally ~ong. g~neral drought or some unforeseen cataclysm, aJl danger of famine or shortage ts ebmmated."

ef He desired, on behalf of the Commission, to congratulate the mandatory Power on its forts and on the results achieved.

PUBLIC FINANCE.

had M. RAPPARD pointed out that t he financial situation of th.e territory WC~:S very bad .. It so never been satisfactory, but now, as a result of the economic depressiOn, tt was beconung th~ewha.t alarming. If he rightly understood the data given on p~ges ~50-252 of the rep~rt, fr floatmg debt, which had been 6 500 ooo francs in 1930, had nsen 10 1931 to 35 million fa~~~s and, in 1932, to ro3 million f;anc~. Those were large amounts, even allowing fm the

That they were expressed in Belgian francs. . . a ~e mandated territory owed large sums to Belgmm and to the Belgian Congo. It had r~:rdmgly been decided to conclude between the three parties a Convention, which, he of thked incidentally had actually been concluded by two Belgian statesmen-the Minister Und e Colonies, for th~ oversea territories and the Minister of Finance, for the home country. refu:~t~e.Convention, the creditors of the'mandated territory had agreed to the sums due being

e 10 Treasury bonds in lieu of cash. There had thus simply been a process of debt

- 7f. -

conversion. The Treasury bonds would bear interest. During a period of eighteen y however, Belgium and the Belgian Congo would be substituted for the mand:~r', territory as regards the payment of part of t he interest; the fraction paid by Ruanda•l.iru ~~ would gradually be increased until, in 1951, it reached the full amount of the interest. Fr~ 1

1951 onwards, Ruanda-Urundi would be responsible for t he amortisation of the ca it 7 the payment of the total interest and the refunding of t he part of the interest advincad by Belgium and the Belgian Congo. The two creditors had renounced the right to dema~d from the mandated territory t he payment of interest on the sums they had already pa·d in the form of interest. The burden, however, which would thus devolve upon the teuito;y under mandate in 1951 seemed quite overwhelming.

M. HALEWYCK DE HEUSCH wished first to re7tify M. Rappard's premises. I t was quite correct to say that, at the end of 1931, t he floatmg debt had amounted to 35 millions and that, at the end of 1932, the Treasury bonds subscribed by the Belgian Congo had repres~nte:i 96,soo,ooo franc.s ; it must be rem~mbered, howev~r •. t hat several of these .bonds were in plac~ of a former Belgian Congo loan which totalled 50 milhons. Tha t fact considerably diminished the abruptness of the rise. The debt of the territory must be regarded as a whole; only in the light of the total- floating debt and non-floating debt together-could it be said whether the Governmen t of Ruanda-Urundi had or had not laid upon itself an excessive burden. . With regar~ to the Convent.ion, he must remind the Commission t hat two years agGI It had been decided that the terntory under mandate should contract a loan of 200 million> to be used both for the conversion of all t he old debts of the territory and to provide fre~h money for new equipment works. The figure of 200 millions had been arrived at after a very detailed study of the resources and economic possibilities of the country. It was thouaht that, with temporary aid from Belgium and the Belgian Congo, the territory could discha~ue the service of the loan, which would enable it to develop its latent resources. Consequent!~·. the representatives of Ruanda-Urundi, Belgium and theCongobaddecided to sign the Convention of October 15th, 1932.

The loan should have been issued at the end of 1932 or the beginning of 1933. But the conditions of t he money market were not favourable to an operation of this kind on behalf of the mandated territory. The Belgian Government had, therefore, against the deposit of Treasury bonds, made Ruanda-Urundi some provisional advances to be recuperated from the loan. The loan of 200 millions would cover the amount-approximately 125 milli011s-of the earlier debt, the remainder being used to continue the equipment o( the country with adequate installations.

M. RAPPARD said that the situation was worse than if t he total loan were fresh capital for the territory.

M. HALEWYCK DE HEUSCH did not share this view. In the hypothesis contemplated by M. Rappard, the old debts would remain. In reality, the Government of Ruanda-Urundi had carried out an operation of general consolidation and had, in addition, procured fresh money for new improvement works.

M. RAPPARD then asked for information concerning the rate of interest. Belgium, he observed, applied a rate of 6 per cent, while the Congo rate was only 2 per cent. Coul? ~ he accredited representative say what interest would be charged on the Treasury bond of 26 million francs subscribed by Ruanda-Urundi?

M. HALEWYCK DE REUSCH replied that the former loans made by Belgium and the Congo had been contracted at two. different periods, which explained the difference in the rates cf interest. Moreover, when the second of the two lenders in point of time-the Belgian ~ongo­had agreed to make its advances, it had only demanded the very low rate of 2 pet cent mtere~t .. as an act of generosity to help Ruanda-Urundi. The rate of in terest on the new T~ea5ur~ bonds would vary according to market conditions. The bonds were renewable and the mterest would be fixed period by period. . .

He stressed the fact that the Convention would considerably ease the financial situati.o~ of the mandated territory during a difficult period. The territory possessed great capacn} for development; it contained numerous mining resources, and tin and even gold had been discovered. Further, great hopes were placed in the development of export crops. It was~~~ exaggeration to say that, after a number of years, the territory would be able to meet 11~ financial obligat ions.

M. RAPPARD persisted in his view that the situation was somewhat serious. Fo! th~ time being, i t was felt, the territory could not repay it s debt or even ensur~ the.service 0

,

interest. He was afraid that, when the time came for it to take over the total fmanctal cha:g;­devolving upon it under t he terms of the Convention, it might find itself, vis-a-vis BelgiU ' in a state of financial dependence such that it would entirely have lost its autonomy.

M. HALEWYCK DE H EUSCH pointed out that the periods accorded to the territory fo~r~~ payment of a large part of the charges of the loan would allow time to develop the reso and of the count ry . The. Belgia~ Governm~nt was advancing capital on favourable ter~sfroro was, moreover, foregomg the mterest which would normally be due on the annua~ gra~ · ·era! the Belgian and Congolese Treasuries respectively. That was equivalent to a gift 0 bse\bat millions. Moreover, those who were frightened by the size of t he loan should remem er these 200 millions only amounted to 28 million<; gold .

• Sec :\l inules of the :\ineteenth Session, p;,ges ll7 a nd 128.

- 79 -

M. RAPPARD observed that the mandatory Powers frequently granted the territories under mandate advances without ma~ng any provision for repayment or even, sometimes, for interest. No other mandated tern tory, except perhaps South West Africa, appeared to be so heavily indebted as Ruanda-Urundi.

M. HALEWYCK DE HE USCH was not of this opinion. He observed that the debt of the Tanganyika Territ~ry converted into Be~gi.an money ~as about 360 million francs, and that of South West Afnca more t han 200 m1lhons. The mdebtedness of Ruanda-Urundi at the end of 1933 only amounted to 129,907,000 francs.

M. MERLIN shared M. Rappard's fears. He wondered whether the greater part of the loan of 200 millions to be contracted by Ruanda-Urundi would not be used to pay off the earlier debts. The proceeds of .the loan would, in that case, not help towards the development of the resources of the tern tory. On the contrary, so heavy a financial burden, which might perhaps absorb all the country's fiscal resources, would probably be prejudicial to further development.

M. RAPPARD thought that M. Merlin erred on the side of optimism in supposing that during the period of eighteen years referred t o in the Convention the territory would not contract any further loan. I n any case, he was very much concerned, first, at the future position of the taxpayer in the territory, and, secondly-in the political sphere-at the damage from the point of view of autonomy.

THIRTEENTH MEETING

H eld on Monday, October 30th, 1933, at 4 p.m.

Ruanda- Urundi : Examination of the Annual Report for 1932 (continuation).

M. Halewyck de Heusch came to the table of the Commission.

PUBLIC FINANCE (continuation).

M. HALEWYCK DE HEUSCH desired, following on the discussion at the previous meeting, to give some further details in connection with his remarks concerning the debts of other African mandated territories. He had found the document containing the results of his enquiries regarding the public debt of Tanganyika and of South West Africa. He had not been able to extend his investigations to the Togoland and Cameroons territories, for which his ~overnment had not yet received the 1932 reports. For the two first territories, he noted m the reports for 1932 the following figures :

I. Tanganyika Territory : Debt to the Imperial Treasury as at March 31st, 1932 I.e. , at the rate of exchange on October 26th, 1933 (n5.50)

£3,123.350 Belgian francs 360,746,925

This sum did not include t he indirect debt- namely, loans made by third parties which were specially earmarked for public works (roads, ports, railways, etc.) and which were guarante~d by the Imperial Treasury. This indirect debt amounted to £5,82o,ooo.

Addmg this indirect debt to the direct debt the total in Belgian francs was 1,032,956,604.

z. South West Africa : Debt to the Government of the Union of South Africa £1,824,715 I.e., at the rate of exchange 011 October z6th, 1933 . . Belgian franc 210,754.582.50

. It was therefore not accurate to state that the other mandated territories were less heavily

Bmde?ted than Ruanda-Urundi, whose debt, at December 31st, 1932, stood at 129.907,000 elg1an francs.

s .d M. RAPPARD, whilst thanking the accredited representative fox: t~e forego i.ng informat~on, a•. he would not pursue t he comparison. The Mandates Commtss1on certamly felt senous ~~Xle~y about South West Africa. I n regard to Tanganyika, it should be recognised that the (1 Uahon was less serious, because the basis of taxation was much wider and the debt represented ~r ~?reproductive assets. I n t he case of Ruanda-Urundi, the disturbing feature was the rate ; llw •ch the debt was increasing. That was a very grave problem and the responsibility for it t~ermore on the mandatory Power than on_ the Mandates Commission. M. Rappard would ho efore not dwell further on that aspect of the question . He would merely express the fo P:hthat t~e search for minerals would be successful, for that alone would make it possible r e terntory to overcome its difficulties.

had ~I. ORTs pointed out that, though the greater part of the loan contracted by the territory ll'a ee~ expended, that was counterbalanced by the economic equipment, so t hat the country

snot m the same situation as a few years previously. As M. Rappard bad just pointed out,

- 8o-

the future of the country was bound up with its mining industry. Unless new mines we discovered, the financial situation of Ruanda-Urundi would be alarming. re

In any case, it might be anticipated that expenditure on equipment would henceforth be less heavy. Moreover, the country now had a road system which was sufficient( · developed to m.ake. the cr~ation of a. railway sy~tem almost unnec~ssary. If private effrrt~ were successfulm discovenng large mmeral deposits, Ruanda-Urundi would be saved from th~ financial point of view. If not, the situation might be considered as particularly seriou -~

Lord LUGARD pointed out that Tanganyika, a much larger country with a larger population had incurred its debt largely for remunerative works-railways, which were not needed i~ Ruanda. There was all the difference between loans for remunerative works and loans for purposes which brought in no returns.

M. RAPPARD congratulated the authors of the financial part of the report on their very clear and complete statement (Chapter VI, pages 29 et seq.). He had to ask only a few question­on points of detail : ~

(I) Page 3I .- Why was the estimated amount of receipts given in the aggregate, whereas receipts actually collected were shown in separate items?

(2) Page 33.- To what did item 35 refer (recoverable subsidies, not yielding interest from Belgium and the Belgian Congo)? '

(3) Pages 40 et seq.-On examining t~e very. interesting table of ~e~ei~ts for the year:. 1930, I93I and I932-that was to say, receipts durmg the years of the cnsiS-It was surprisino to note that the greatest sources of revenue (taxes falling on the non-native population) had declined very heavily, whereas the chief tax on the natives had not only maintained its yield but had even yielded more. What was the explanation?

(4) Page 47.-Had the credit granted to overcome the famine (item 5) been entirely used up? The expenditure column showed exactly the same figure as that for credits granted.

(5) Page 47 .-How did it come about that there had been extraordinary receipts but no extraordinary expenditure ?

(6) Page so. - It was surprising to note that, in two of the chiefdoms, the number of taxpayers who had paid taxes exceeded that of the taxpayers recorded in the census. That difference was indeed explained at the bottom of page 50, but M. Rappard would like to ha,·e further information.

M. HALEWYCK DE HEUSCH answered t he questions in the order in which they had been put.

(I) He would ask the competent department of the Ministry of the Colonies to give in future the details of the estimated receipts as well.

(2) This referred to the shares of Belgium and the Congo in the annual charges on the 200 million francs loan.

(3) He did not agree with M. Rappard ; the decline in revenue had also occurred from 1931 to 1932 in the case of taxes levied on the natives. .

(4) It was to be presumed that, in point of fact, the expenditure had exceeded the cred1t and that the balance had been met out of another heading.

(5) The report for the previous year had contained a passage concerning the absence of a budget for extraordinary expenditure in 1931. As all the extraordinary budgets had been drawn up for five-year periods, the budgets of previous years had proved to be adequate to meet the extraordinary expenditure due for I93I. .

(6) I t had happened that, owing to their occupations or for some other reason, nahW5 had emigrated to another territory, where they had paid the tax instead of paying it in the territory in which they had been counted in the census. Moreover, the table in the repon showed t hat such cases were not very frequent , and no large surpluses were to be noted.

M. RAPPARD asked, in this connection, from what resources the natives were able to find the means of paying the tax.

M. HALEWYCK DE HEuSCH replied that the sources of their income were food crops, sales of skins and hides, labour contracts, etc. Finally, a very fair number of natives left. the territory to work abroad, and these subsequently returned to the country with some sav10gs.

M. VAN REES asked for explanations as to the extraordinary subsidy of I2 million francs mentioned on page 29, column 2.

M. HALE~YCK DE HEUSCH replied that the subsi~y i~ question represen.ted fresh as.sistan~e from the Belgian Government. It was a free subsidy m the sense that tt bore n.o.mtere~ · As to its repayment, the Belgian Government had reserved the right to take a deciswn later.

Lord LuGARD asked what was the total amount of direct taxes paid by a native, including any labour services that might take the place of t axation.

M. HALEWYCK DE HEUSCH replied that the amount of the taxes varied with the distri:~ and with the prosperity of the various populations. The list of rates was given .on pa~e ?~· of the report. As to customary labour service, the natives were required to do thuteen a) -

0 work per year, three of t hese being for the chief and ten for t he sub-chief. There was n customary labour service for t he benefit of the European Administration.

-8 r -

Up ~o the end of 1931, ?ompulsory labour service had formerly been due to the Sultan, 10 the ch1ef and to the sub-ch1ef. In the current year, compulsory labour service for the Sultan bad been replaced by a uniform tax of one franc per taxpayer.

Jn the fourth paragraph on page 88, reference was made to the wish of certain natives 10 substitute a m?~ey t<~;x for the three days' compulsory labour service due to the provincial chief. The Admm1strat10n had not acceded to that request , on the ground that it would be a mistake to push forwar~ too fast. If that service were abolished, there would, in present circumstances, be ~ se~10us danger of relaxing the tie of subordination existing between the natives and the1r ch1ef.

Mlle. DANNEVIG asked for details with regard to the polygamy tax (page 40), item 28 !page 36) and expenditure for the support of abandoned children (page 41).

M. HALEWYCK DE HEUSCH explained that, for the polygamy tax, 6 and rs francs had been maintained as the minimum and maximum respectively ; but that, between those limits, the taxes had been reduced according to the regions. Moreover, the tax of so francs levied on polygamists had been abolished in districts where polygamy was not the custom. There was no reason to believe that these reductions and annulments would in any way lead to an extension of polygamy, which was rather rare in the territory and showed no tendency to increase.

Referring to the "dowries for militiamen's wives ", mentioned in item 28 of the budget for ordinary expenditure, M. Halewyck de R eusch explained that, when a soldier wished to marry, the Administration of the territory facilitated the marriage by helping him to get together the dowry due, according to custom, to the wife's family.

Finally, the credit for the relief of abandoned children was provided in the budget to meet any necessity that might arise, but be did not think that it had ever been utilised up to the present in Ruanda-Urundi.

Lord LUGARD noticed, with reference to page 130, that exports from the territory to the Belgian Congo amounted to approximately s.zso.ooo francs, whereas imports from the Belgian Congo amounted only to half a million. In what form was the balance paid?

~I. RALEWYCK DE RE USCH replied that this payment was made as in all other countries -that is to say, in coin or by cheques, bills of exchange, etc.

CUSTOMS UNION.

M. RAPPARD thanked the mandatory Power for the interesting statement on the advantages of the Customs Union (page 249 of the report). As, however, that was a recent experiment, no final opinion could yet be formed and it would be well to add to future reports further analyses concerning the Customs Union and its effects on the financial and economic situation of the territory.

M. HALEWYCK DE HEUSCH said that he would ask that this should be done.

M. 0RTS asked whether the public works programme was based on the need for facilitating trade between Ruanda-Urundi and the Belgian Congo. The map of the road system (page IOS) showed that communications between the mandated territory and the colony were practically confined to the Usumbura road towards Uvira. Did not the mandatory Power think that trade would expand between those two countries if an effort were made on both sides to push on the road system up to the common frontier?

Jl. HALEWYCK DE REU SCH replied that he would draw the special attention ot the Administration concerned to this point. The Administration would certainly consider the possible importance, from the standpoint of the Customs Union, of open ing up new means of communication between the Belgian Congo and Ruanda-Urundi.

AGRICULTURE (conlitneation): PASTURAGE.

M. ~lERLIN referred, in connection with the chapte. on the food crops (page 112), to a study on rat ions, which seemed to him to be ingenious, though perhaps somewhat artificial. In par~i~ular, he did not grasp the relation between. the figure for daily rations, estimated at 720 mtlhon~. and that of the totaJ population, which was .not mor~ t~an 3.450,000. How could the discrepancy between those two figures be explamed ? SunJlarly, m the c~1apter on the cu~tivation of industr ial crops, it was stat.ed that ther~ had been an average y1eld of 9° or -l6 ~dogrammes of cotton per planter, accordmg to the reg1on. Was not that a somewhat speculatiVe estimate ?

M. HALEWYCK DE REUSCH said he would reque·st thr service concerned to indicate in the next report the bases on which those figures had been established.

w M. MER~IN was glad to note that the growth of ind~strial crops, and in parti~ular .cott~n. or developmg .satisfactorily . In his opinion, it was n ght to encourage production, m sp1te the fall 10 pnces, as the present period must be regarded as ~bn?rmal. d He also mentioned some interesting statements on the cultivation of coffee on pages II3

an 121, and asked what were the characteristics of native coffee.

~1. HALEWYCK DE HEUSCH replied that this was a coffee with very small beans and an excellent aroma, of the genus arabica, which had been discovered in the forest.

6

-82-

M. MERLIN drew attention to the fact that, before distributing the seed to the native f sowing, it was well to explain to the men entrusted with the work what was expected of th or and carefully to select the land, so as to avoid all error. em,

He asked for information on " kikuyu grass ".

M. HALEWYCK DE R EUSCH explained that this was a graminaceous plant with whi h the Administration had sought to establish artificial pasturage. The hope expressed on t~·. subject in previous reports had unfortunately proved to be deceptive. Experiments had showts that kikuyu grass grew only at high altitudes and needed rich and prope~l:y: prepared land~ For the moment, the soya bean was the only pasturage plant that was gtvmg satisfaction.

M. MERLIN asked why, instead of arranging for the accumulation of reserves of dried fodder, which was very dear, and was of only mediocre value for feeding cattle, the system was not adop~ed of transfering cat~le fror;n one pasture to ano.ther. Th~ differences in altitude woul_d. make 1t easy to grow vanous kmds of forage at d1fferent hetghts and in different locahttes.

FORESTRY.

M. MERLIN asked how re-afforestation wa<; effected.

M. HALEWYCK DE HEUSCH replied that the natives were obliged to carry out re­affnrestation. The communities had to re-establish one hectare of forest per 300 taxpayers. They mainly planted eucalyptus.

M. MERLIN desired that the next report should contain further details on this question. In particular, he would like to know the species of trees used. It would be desirable to ascertain the views of the forestry services on that subject, because, in reconstituting the primeval forest, it was important that sound methods should be followed, not only in the matter of sylviculture, but from a commercial and economic standpoint.

Count DE PENHA GARCIP said that there had been a question of cultivating the cork-oak. He would like the next report to contain information on the results obtained, as it wa~ the first time he had heard of any scheme for acclimatising the cork-oak in that part of the world.

MEASURES TAKEN BY THE ADMINISTRATION TO PREVENT fAMINE (cotrtimtatiot~} .

Count DE PENHA GARCIA asked that the next report should contain exact information on the reserves constituted as a safeguard against famine.

M. HALEWYCK DE R EUSCH said he could reply now that t here were barns in all the chiefs' areas, where natives were obliged by law to lay up reserves of foodstuffs and seed. The next report would contain further details.

M. SAKENOBE asked, in connection with the measures against famine, if t he road-map on page ros corresponded to the complete road-building programme contemplated after the famine in 1930. He noticed that the proportion of roads which remained to be constructed was extremely small .

M. HALEWYCK DE HEUSCH said that the map represented the programme which it was proposed to carry out.

M. SAKENOBE congratulated the mandatory Power on the work it had done in this matter.

CATTLE.

M. SAKENOBE asked for details on the position with regard to live-stock.

M. HALEWYCK DE HEUSCH said that , thanks to the sanitary cordon drawn between Ruanda-Urundi and Uganda and between Ruanda-Urundi and Tanganyika, the cattle had not, in 1932, contracted cattle plague. On the other hand, they had suffered heavily from the prolonged drought and the damage done to pasturages by locusts.

MINES.

M. MERLI N asked whether the tin-mines were now in a position to export.

M. HALEWYCK DE R EUSCH replied that these mines, which had suspended export in I931•

had begun to export again since the price of tin had risen in 1932.

I MPORTS.

M. SAKENOBE referred to the s tatistics, on page 103, of goods imported via. La.k~ Tanganyika, and estimated at approximately 4 million kilogrammes. On page r_zs. tt wa~ stated that the total quantity imported was 3,700,000 kilogrammes. How w_as 1t tba\:e Lake Tanganyika was a part of the territory, the imports by that route were htgher than total imports?

M. HALEWYCK DE HEUSCH said that there must be a mistake on page 103. He would report the discrepancy and ask for an explanation.

jUDICIAL ORGANISATION : PRISONS.

Count DE PENHA GARCIA asked for information on the prisons now exist ing in the Territory.

M. HALEWY_CK DE HEu_SCH said there w~re four main gaols,_situated at l!sumbura, Kitega , 1\igali a~d Astnda ~espectlve~y. and a senes of sec~)lldary pnsons. Convtcts were made to work instde and out_st~e the pnsons. !hose un?ergomg ~ente!lce for less serious offences were "i\·en light work wtthm the gaol precmcts, while those tmpnsoned for more serious offences ~-ere given heavier work outside. All work was done for the account of the Administration, and was not allowed to benefit chiefs or private persons.

Count DE PENHA GARCIA asked for information on the two following items of the list of special nat ive offences (page 27) : campaign against epidemic diseases, and extension of crops.

M. HALEWYCK DE HEUSCH said that the first offence consisted in the omission on the part of a native to visit a doctor and submit to treatment when there was proof that he had received a summons to do so and had not put in an appearance.

The second offence, which was punishable with a fine or imprisonment according to the seriousness of the case, consisted in having failed to fulfil the obligation to cultivate 35 ares with food crops and IS ares with manioc.

Count DE PENHA GARCIA asked if the infliction of the lash provided for in the new Ordinance relating to disciplinary punishments in prisons (page 192) was really necessary.

M. HALEWYCK DE REUSCH said it was considered necessary to retain this punishment in gaols. It was only administered in extreme cases and when every other punishment bad failed to have an effect on a recalcitrant prisoner. It had been found useful in maintaining discipline among the convicts.

:\1lle. DANNEVIG referred to the mention on page 190 of the chaining of certain criminals. A document drafted by a Danish mission, a passage from which she quoted, supplied startling details of sick chained prisoners coming to be treated at their hospital. She asked if it were really necessary to chain prisoners, and if they were chained inside the gaol. f t seemed to her that the space allowed between two prisoners-1.25 metre-was djstressing.

M. HALEWYCK DE HEUSCH said that men were not chajned in the prisons but only outside, in order to prevent any danger of escape. The present Minister for the Colonies during his recent visit to the Congo had been struck by this practice and had given instructions to abolish chains, as an experiment, in four orfiveperutentiaryinstitutions. Ifthe results were satisfactory , chains would be abolished everywhere.

Mlle. DANNEVIG was very glad to hear it. She was struck by t he somewhat high statistics of sickness and mortality in prisons

(page 74).

M. HALEWYCK DE HEUSCH was surprised at this remark because, in 1932, the mortality rate was only o.s per cent of the prisoners-a ver y small proportion. F ormerly, it had been much higher, and the previous year's report had given it as o.8 per cent, which in itself was very satisfactory.

Mlle. DANNEVIG pointed out that each convict spent a comparatively short time in gaol. It would appear from the figures t hat two-thirds of them had suffered from disease.

. ~1. HALEWYCK DE HEUSCH replied that that entirely depended on what was meant by d!sease-there were such things as abscesses, colic, etc. From a strictly medical point of ~·tew,. most of the natives were diseased from childhood, as they nearly all suffered from tntestmal worms. But they seldom dreamed of undergoing treatment. ft was only \~hen they were under administrative control that doctors discovered the disease, which explamed the h_igh figure of the sickness statistics in the prisons. Those were not the figures to be examtned when considering medical efficiency in gaols. The death-rate was t he real test, and that was extremely low .

. Mlle. DANNEVIG said that Article 17 of the Ordinance of Oc~ober 15th, 1931,_ relati~g to t~e pnson system (page 190) mentioned children. Were those children sent to pnson With the1r parents ?

w M. ~ALEWYCK DE HEUSCH said they were children. w~o, having con:tmitted ?ffenc~s, b ere servm.g sentences. It was not possible to decide a prto~t the age a t wh1c_h a nahve chtld eca~e doh capax, since there was no civil register to prove thetr age. The magtstra te therefore

~~9utred, in_ each case, whether the child could discriminate between righ_t and wrong. In ·u~ connectwn, the decisions of the native magistra tes need not ~a.use anx1ety, as they gave 1 gment under the constant supervision of the European authonhes.

ORDINANCE REGULATING THE UsE OF EXPLOSIVES IN FISHING.

i Co~nt DE PENHA GARCIA said tha t the new Ordinance on Fisheries (page 213) authorised n certatn cases the use of explosives by whites. Was it wise in a new country which had a large

majority of natives to allow non-natives to employ such methods ? Would not the nativ b ~e~pted to follow their example ? Moreover, was not fishing with explosives undesi~!ble m Itself ? r:

M. HALEWYCK_ DE REUSCH said that t~e terms o! the Ordinance were st:ictl:y limitative The use of explosives was only allowed m exceptwnal cases under special permit mo · particularly in order to procure food for the troops when the provision depots could ~ot be supplied by means of purchases on the market. e

Count DE PENHA GARCIA still thought it a dangerous practice, and desired to draw th mandatory Power's attention to the point. He would be glad if the next report could contai~ information as to the manner in which the Ordinance had been applied.

POLICE.

M. SAKENOBE said that the police force of the territory, which had been found inefficient was ~o. be ~eplaced by. soldiers. . It was s~a~ed in ~he report that, out of 272 men, th~ Admtmstrahon had retamed 194 m the mumcipal pohce (page rg). Had the Administration reversed its decision ?

M. HALEWYCK DE REUSCH replied that there had been no change of policy, but that the force had been gradually reduced. It was less politic to diminish the local police in the four bia centres, where the men could be kept well in hand and where they were well officered, than i~ the outlying localities, where the authorities were unable to keep so close an eye on them, as in the larger centres.

DEFENCE OF THE TERRITORY.

M. SAKENOBE asked if the addition of for ty men to the militia was due to the fact that it was intended to substitute it for the police .

M. HALEWYCK DE HEUSCH replied in the affirmative.

The CHAIRMAN mentioned a decision of December 19th, 1932 (page 242), giving force of law in the territory of Ruanda-Urundi to the Ordinance of June 29th, 1932, relat ing to the creation of European volunteer corps. What was the object of that Ordinance ? Had it been made applicable to Ruanda-Urundi owing to the inadequate strength of the military or police forces ?

M. HALEWYCK DE HEUSCH said that it was a measure of public sa fety . It was desirable that the Europeans should be organised on a military basis in order to be prepared for any surprise. The v olunteer corps would only be used in case of disturbances or other unusual occurrence that troubled the peace of the territory.

M. SAKENOBE said that, although the number of soldiers had increased, the cost of their upkeep had fallen. Had there been a reduction in pay?

M. HALEWYCK DE H EUSCH said that the pay had not been reduced, but the provisions necessary for the feeding of the troops had fallen considerably in price, a fact which explained the said decrease in expenditure.

LABOUR.

Lord LUGARD said that, on page 96 of the report, i t was stated t hat 3,650 men had left the Kamembe district in order to volunteer for piece-work in the Kivu district (the Congo). He understood that this system had also been introduced in the Kamembe district of R?and.a and an additional 3,000 men were employed in piece-work. On page 61, t he conditions m t~15

district were described as " excellent " . Could t he accredited representative give any details of t his system, which appeared to be very popular with the natives?

M. HALEWYCK DE HEUSCH said that , for some months past, this system of labour had been gaining favour in the coffee plantations in the Belgian Congo, Kivu district. In thiS district, certain companies, instead of concluding hire-of-labour contracts for a given numbeJ of days or months, had preferred to divide up t he ground into parcels. They then propose to the natives that they should plough and look after these parcels a t a fixed am~unt for e~ch parcel they worked. The ground was divided into squares of equal size. The native, kno,nn~ t hat each square would bring him in a known, fixed amount, endeavoured to plough as .man{. squares as possible, displaying great activity and winning more money t han under the lurehl labour system. The natives were very pleased with this method, by which they were ~. ~ not only to increase their earnings, but could themselves choose the times and days on '~h~ .. they would work, thus suiting their own convenience. The companies believed that, by t b

method, they obtained a better yield without increased cost. The disadvantage of the sys~eJ1l was t hat it could not be applied to cer tain skilled work requiring great care, such as pr?~1~:

The new method had caught on even in t he Ruanda territory, where it was a_pplie rk t wo firms in t he Kamembe district, who seemed to be satisfied with the results .. Ptece-W~s so suited the natives of Ruanda, who liked to devote part of their activities to their own ~n

115'

that some of them travelled even 100 km. to undertake this work in the Dendezi plantat!O ·

-85 -

Doubtless t?is experience would encou~a~e other. cc;>mpani~s to adopt the same method. There had, 1t was true, been some opposttlon to thts mnovatton at the outset, but it seemed 10 be dying down now.

Lord LuGARD said that there was reference on the same page to the fact that more than 12,00o men, or doubl~ the number given for last year, had gone to the neighbouring territories under British authonty. What was the reason ?

)f. HALEWYCK DE HEUSCH replied that it was the result of the depression, which had had the effect of disp~rsing the men previously e~gaged in road-making. Those who did not seek work in the Belgtan Congo were those who lived far away from that colony, and so found it easier to pass over the frontier into territories placed under British authority.

Lord LuGARD asked, with reference to the new rules regarding prestations, whether the peasants now cultivated the land for their own profit and owned the live-stock and ploughing implements.

M. HALEWYCK DE HEUSCH replied that there was no notion in native law of landed property in the strict sense of the t erm. The peasants, however, owned their cattle and ploughing instruments. The chief often handed over part of his live-stock to a native on deposit or on hire. The latter looked after the animals and received part of the natural increase in remuneration for his services.

Lord LuGARD said he was glad to see a great decrease in the number of porters employed, and asked if porterage was forbidden on roads where wheeled transport was possible, as had been done in the Congo?

;\I. HALEWYCK DE HEusen said that this was so in the Belgian Congo, but he did not know whether the prohibition had been extended to Ruanda-Urundi. He would seek information on this point for the next report.

Mr. WEAVER asked what were the object and effects of the exceptions to the regulations regarding advances of money or goods made by the Ordinance of March 3rd, 1932.

)1. HALEWYCK DE RE USCH said that, in principle and in order to avoid abuses, the laws in question forbade the making to natives of advances which they would later have to repay in cash or in produce. Naturally, however, exceptions had to be allowed in cases, for instance, where industrialists gave their native buyers, employees and capitas the sums necessary for effecting purchases for t he account of the firm employing them.

:Mr. WEAVER asked if these exceptions applied also to workers engaged by contract. ~lention of the work-book provided for by the Decree of March 16th, 1922, led him to suppose that to be the case.

M. HALEWYCK DE HEUSCH said that a worker engaged by contract often needed an advance. When a worker was in the permanent service of an employer, it was desirable that the latter should be in a position to meet that need . These advances were verified by entries in the booklet.

Mr. WEAVER would be glad to have more information on the subject in the next report. He asked what was the purpose of the Ordinance of May 19th, 1932, which permitted

territorial administrators to visa labour contracts, except where such contracts were concluded under their direct supervision .

)[. HALEWYCK DE HEUSCH first pointed out that the only object of this Ordinance was to make a former regulation concord with the new decision, reached in 1932 by the Gov~m<?r­General, to hand over part of t he Distr ict Commissioner's or Resident's powers to the ternton al Administrator. Apart from this sub t itution of officials, the Ordinance did not in any way alter the former regulation. . .

In reply to Mr. Weaver, he said that the exception mentioned referred to cases tn whtch territorial Administrators hired labourers on behalf of the Administration and were themselves parties to the contract.

.~Ir. WEAVER was glad to note on page 88 that the system of comn~uting custo~ary !abour servtces (prestations) by a money payment was being favourably recetved by the mhabttants . . . He noted that ~ages had fallen greatly. _I~ follow~d that nati~e~ must b~ f_inding it very

<hfhcult to pay their taxes. Had the authontles constdered the f1xtng of mmtmum wages?

M. HALEWYCK DE HEU SCH replied in t he negative. The Administrat ion had not ha<;i to ~ake any action, because the fall in wages had coincided wi th a fall in the cost of raw matenals, \~odstuffs, etc. Taxes had also been reduced, ~xcept ~n a few places where the people were ell-to-do and where the taxes had even been slightly mcreased (see page so).

b ~Ir. WEAVER would like the next report to ~ive par_ticul.~s ?f t he ~verage wage rece~ved {the worker~ under the new system , operating m the Ktvu 01stnct, wh~ch had been d~~cnbed

1 ~b the ~ccredtted representat ive. He would also be glad to have detatls of the condtttons of a our tn the tin-mines.

~1. HALEWYCK DE HEUSCH said t hat he would ask t hat this request should be complied with.

- 86-

UNEMPLOYMENT.

Mr. WEAVER asked if there was an unemployment problem, especially in the extra lrib 1 settlement s, and whether any action had been necessary. a

M. HALEWYCK DE REUSCH replied that all t he natives were agriculturists aud so could keep themselves busy; that nevertheless some native labourers had moved into the neighbouring territory under Brit ish authority; in particular, Tanganyika, where they could still find employment .

M. ORTS noted that, on page 20, a third of the white population was shown as being " without occupation or work ", and asked if there were really unemployment, or if these people were women and children.

M. HALEWYCK DE REUSCH said that that item included women and children. There was no unemployment among the Europeans residing in Ruanda-Urundi, seeing that, when the whites could find no work, they returned to their country. This was confirmed by the fact t hat, in the reports covering periods of prosperity, t he number of persons shown as "without occupation or work" was also very high.

Mlle. DANNEVIG pointed out that, in the table on the Asiatic and coloured population {page 2r), two-thirds of that population were shown as being without occupation or work.

M. H ALEWYCK DE REuscH replied that this too referred t o women and children ; mainly children, because all children born of relations between native women and Asiatics or coloured persons were included in the figure.

NATIVE I ND USTRIES.

M. MERLIN observed that t he resuscitation of native indust ries seemed t o him to be a retrograde step, as it was effected at the expense, not of European industry, but of progress, European manufactured products being of superior make and quality to those produced by native handicrafts.

M. RALEWYCK DE REUSCH replied that the only advantage of this return t o native industries was that it provided those engaged therein with a means of livelihood.

CINEMA TO GRAPH.

Lord LUGARD asked whether the accredited representative could give any information about the following questions: (r ) Are any films being ;exhibited in the territory? (2) Have any special measures been taken to regulate the use of the cinematograph among the population of the territory? (3) Are any films of educative value being shown to the natives ?

M. H ALEWYCK DE R EUSCH replied t hat , so far as he knew, there were no cinemas in Ruanda-U rundi.

EDUCATION.

Mlle. DANNEVIG noted t hat the normal schools were not yet organised and would only be organised when it "was practically possible" {page 8r). Also that rural elementary schools were being re-organised so that no comparative statistics could be given as to the number of pupils. Could the accredited representative give some further explanations on these points?

M. HALEWYCK DE HEUSCH enlarged upon the reasons already given in the report. It had been necessary to differentiate between the schools, as, after the introduction of the system of grants-in-aid for education, a ll of them, even the least satisfactory, had claimed to be subsidised. It would not be right to conclude, from the fact that the number of scho.ols recognised by the Government had thus decreased, that there had been any retrogr~ss1on in education-there had simply been a readjustment. From the total number of children attending all schools without distinction, it would be seen that education had greatly developed, and that, in I932, the number of pupils had exceeded Ioo ,ooo.

Mlle. DANNEVIG wished to have in the next report an explanation of the meaning of the word " sections " (second table on page 82). d

She asked why the training of midwives had been stopped in t he territory. She ~op~ it would be possible to have some midwives; so far as sh e could see there were none 10 t e country.

M. RALEWYCK DE HEuscH replied to Mlle. D annevig's latter point that the reason '~as that no candidates h ad come forward. T he Administration had made an effort, but the nfa.uy~ women had not responded. Perhaps the missions would be more successful than the 0 !lela school.

Lord L UGARD would like to see in the next report a general description of the ~indt~! teaching given in rural elementary schools, particularly on the following points : "'.~5 ry curriculum confined to simple agricult ure and village crafts or did it include any 11 era

subjects ? Were these village schools entirely in the hands of the Missions, and were they inspected by Government? Were the teachers natives and was there an adequate number of qualified men ?

M. HALEWYCK DE H EUSCH duly noted the request.

ALCOHOL AND SPIRITS. DRUGS.

Count DE PENHA GARCIA thanked the mandatory Power for the particulars given in the report on native beverages. He was, however, somewhat concerned to find that, in certain cases, the beverage could become as alcoholic as the strongest wine. Further, ninety-eight sentences bad been passed for drunkenness (page 27) and the same page mentioned thirteen ~!fences committed by natives for smoking hemp. Something should, it followed, be done to prevent a gro~th of these offe!lces,yarticularly as the amounts of alcoholic liqu~rs, wines and beers imported m r932 and retamed m the country were lower than the amounts Imported and retained in r93r (page 99)-a fact which produced a good impression.

Page 234 mentioned a Decree of July 25th, r932, regulating alcoholic beverages. Why had these regulations been amended ? Did the authorities think that the old system was not giving entirely satisfactory results? The next report might usefully give explanations on this point.

PUBLIC HEALTH.

The CHAIRMAN recalled the interest displayed by the Commission, in previous years, in the question of the number of European doctors and assistants in the territory. It had expressed a hope that the mandatory Power would t ry to give the territory a bigger medical force.

It appeared from page 67 of t he report that, on December 3rst, r 932, the European medical staff comprised seventeen doctors, ten sanitary inspectors, four civilian nursing sisters and two Sisters of Mercy ; the native personnel amounted to twenty-two in all. Could the accredited representative say whether in the view of the authorities these numbers were ~ufficient for a population of about three and a-half millions and whether it proposed to increase them?

Were the holders of a foreign diploma allowed to exercise their profession in the teritory ? On page 223, t here was a Decree of May roth, r932, on the art of healing. Could the accredited representative say whether t his decree amended that of J une 21st , 1930, on the admission of foreign doctors into the territory?

The Chairman was glad to see that the mandatory Power was still giving detailed particulars of the campaign against sleeping-sickness with which the Commission had also concerned itself in the past. It appeared from page 253 that the direct and permanent supervision exercised by the white personnel afforded every guarantee both as regards the detection of diseases and their diagnosis, as w~ll as the application of treatment, and that the results sought for would certainly be obtained in t he very near future. On the other hand, it appears from page 254 that the number of deaths in r931 was 195 and, in 1932, 283, a rather marked increase. True, it was stated on the same page that most of the deaths were those of persons who had been suffering from disease for some time past but had previously eluded the investigations of the medical department. There was, nevertheless, a rise in the number of deaths.

M. HALEWYCK DE HEUSCH replied, as regarded the number of doctors, that the colonial authorities considered the present figure to be adequate. A great effort had been made ; there had been four doctors in r924, there were seventeen in r932.

The new Decree of May roth, 1932, enacted that all doctors must possess a diploma of doc_tor of medicine, a special diploma of tropical medicine and a certificate attesting to a trial­penod, approved by the Belgian authorities, but foreigners who complied with these conditions were permitted, as before, to practise as doctors in the territory.

The CHAIRMAN thought that one doctor for 200,000 inhabitants was insufficient , and that the mandatory Power should try to increase the propor tion.

l\L HALEWYCK DE H EUSCH said it was the view of the African authorities that the present num~er of doctors was sufficient to meet t he needs of the native population in so far as it was possible to meet those needs in a tropical land only recently opened up to civilisation. He was, however, quite ready to note t he recommendation made by the Chairman , t hough he was not at all sure that effect could be given thereto.

In reply to t he Chairman's observations concerning sleeping-sickness, the accredited rep~esentative observed that the first consideration in estimating the results of the campaign agamst this scourge was the number of new cases discovered in the course of periodical Inspections. The table at the bottom of page 254 of the report showed that, apar t from _the new zone placed under observat ion in r932 , new cases did not exceed I .6 per cent of the natives examined.

E Lord LuGARD observed (page 68) that there had been a steady increase in the deaths of ~~opeans-nine in 1932 against only two in 1928. He asked if this was due to too prolonged

r~~~dence in the count ry, and whether t he deaths were more frequent in the higher or lower ~::~~d::.. There was, on the other hand, a decrease _of about 10 per cent in the deaths of · I\ e::., though the numbers treated appeared to ha ve mcreased by some soo per cent.

in th ~l. HALEWYCK DE REUSCH said he would ask that a reply should be given to t his question e next report.

88-

LA ND TENURE.

M .. VAN REES ,~oted on pa~e 39 an ite~1 (74(b)). in the ~xpend~tur.e table allocating 13,000 francs m 1932 for compensatiOn to be paid to natives cedmg theu- nghts to land transferred

free of charge to missions or ex-officials". Did t his refer to land formerly the property of th nativ~s.and ceded by them against compensat ion and then transferred free of charge to mission~ or officials? -

M. HALEWYCK DE REUSCH explained, in the first place, that the present general framework of the Ruanda-Urundi budget was the same as that of the Belgian Congo budget, so that sorne of its items were primarily and mainly applicable to the colony.

~aving stated this, he c~uld say that.when a mis~ion desired. to t~ke up its abode in a gi\·en locahty and :when the land m that locality was subJect to natlve n ghts, the Administration negotiated w1th the possessor of these rights for their cession against compensation.

His preliminary remark applied with particular force to the second part of the item referred to by M. Van R ees concerning compensation to be paid in the case of the cession of land to former officials . No such case had as yet arisen in Ruanda-Urundi ; such cessions had only taken place in the Belgian Congo.

CLOSE OF THE HEARING

The CHAIRMAN thanked the accredited representative for the readiness with which he had replied to the questions put to him.

FOURTEENTH MEETING

Held on Tttesday, October 31st, 1933, at 10.30 a.m.

Is la nds under J a pa nes e Mandate : Exa mina tion of the Annual Report for 1932.

M. Ito, Assistant Director of the Japanese Office accredited to the League of Nation5, accredited representative of the mandatory Power, came to the table of the Commission.

WELCOME TO THE ACCREDITED REPRESENTATIVE.

The CHAIRMAN welcomed M. Ito, who had been appointed accredited representative of the J apanese Government for the examination of the annual report on t he islands under J apanese mandate.

M. Ito was an old friend of the Commission, and its members would certainly be glad of the opportunity to collaborate again wit h him as accredited representative of the mandatory Power.

Nu:MBER oF INHABITED AND UNINHABITED ISLANDS.

M. RAPPARD asked how many islands were covered by the mandate entrusted t o Japan and h ow many of them were inhabited.

M. ITo replied t hat there were 623 islands altogether (page 2 of the report) . He did not know how many were inhabited and how many uninhabited , but would find out.

POWERS AND I NFLUENCE OF THE CHIEFS.

M. SAKENOBE remarked that in the remote parts of the islands, where the roan.da.t~ry Power had no representative, the big native chiefs were entrusted with certain pnmitlV~ powers and there seemed to be no appeal against their decisions. He would like to knoll what supervision the Administration exercised over the acts of these chiefs.

M. IT~ replied tha~, generally speaking, the islands wher~ there were .no Go_ve_rnn~e~~ representat ives were ummportant and rather remote, so that It was mat~nal~y d1~hcul th send officials there. For the same material reason, the central Administration, 111 sp1te of ~ efforts it was making in this direction, found it rather difficult to supervise the conduct 0

the chiefs .

.M. SAKENOBE asked whether it was correct that, in the island of Saipan, the great chief~ had no repressive power.

~I. ITo said that was true: I t should be borne in mind th~t the isla~d of Saipan bad a~~~~ large number of Japanese residents, so that the powers of dnefs had disappeared much •e quickly than in the other isl ands. Also, in consequence of the presence of. the Japane. authorities, t here had been no need to m aintain the t raditional powers of the chiefs.

PUBLIC FINANCE .

~[. RAPPA~D no~ed. that, ~r?m the financial st~ndp_oint, the islands under Japanese mandate were m a s1mllar position to Nauru. The1r chtef resources were the working of phosphates and also the growing of sugar. The principal sources of revenue were port clearance dues and the sales of phosphates (page 51 of the report) .

On page 50 of the report, l\1. Rappard noticed the use, on the second line, of the word ··should ". That was an unfortunate expression, as it seemed to mean that the budget estimates should be approved annually by the Imperial Diet. Was it a slip in drafting or had the word been used intentionally?

Lastly, M. Rappard was st ruck by the exactitude of the figures in the budget estimates. He took the opportunity of asking M. Ito for details of the method of framing the draft budget.

:M. ITo replied in the affirmative as regards the use of the word " should ". The budget had to be submitted annually for the Diet's approval.

As to the framing of the budget, when a budget estimate was supplied by one department only, it would be a round figure, as, for instance, in the case of sales of phosphates, the figure for which was supplied by the Angaur mine. When, on the other hand, heads of departments were asked to give their estimates, they would each ask their own subordinates for those estimates and the latter frequently gave exact figures. The head of department merely added up the figures supplied to him and this explained why some estimates were so exact.

M. RAPPARD asked for explanations of the credit given under the heading " Sinking Fund" on page 52 of the report. As it was little more than 4,000 yen, it was hard to imagine that this was really a sinking fund. Moreover, there was no indication elsewhere of a credit for any interest service.

~I. ITo had also been struck by this item. He imagined that it was not a sinking fund, but an amount set aside to meet certain deficits in revenue. He would, however, ask for particulars on the subject.

M. RAPPARD asked for explanations of the communication works referred to on page 53. In the case of islands, he wondered what could be the purpose of such large credits.

M. ITo pointed out that some information on this subject was given on page 136 of the report. He thought they were public works for the improvement of communication", but would enquire as to the exact purpose of the credits in question.

~I. RAPPARD remarked that, on page 56 of the report, the proceeds of the sales of phosphates and port clearance dues were treated as subsidies from the J apanese Government. That seeme? to him rather strange, since this was a case of exploiting the natural wealth of islands on which the natives had lived since t ime immemorial. ·

~~- ho replied that, before the arrival of the mandatory Power, the natives derived no benef1t from the working of the phosphates by a foreign company. The Japanese Government had bought the mines and the natives were now benefiting from their working in consequence of the taxes paid for the utilisation of this natural wealth.

)[. RAPPARD thought that, if a native of the islands under mandate were speaking instead of ~L Ito, he would not endorse the explanation given by the accredited representative.

EXPORTS AND IMPORTS.

_M. MERLIN said that the figures given on page 147 regarding the territory's trade disclosed a. fa1r~y good commercial s ituation . In spite of the world crisis, the territory's expo~ts had r~sen ~~value from 10,f591,ooo yen in 1930 to 12,8oo,ooo in 1931 and 9,024,387 yen dunng the ftrst SlX months of 1932 (page 149) . .

Whereas exports of phosphates and copra had fallen heavily in val':le-doubtless, mamly, because of the fall in prices-exports of sugar, on the other hand, which, m 1930, were 6,784,000 ~ad_ reacl~ed the figure of 9,237,000 yen in 1931 (page ISO). One noteworthy fact was the large Inctease m the exports of dried bonito-from 198,ooo t? 70r,ooo yen_. .

Imports '~ere estimated at 5,958,ooo yen in 1931, wh1ch mea_nt a sl~ght mcrease (page ~49) . . Copra bemg one of the chief items of export from the te~ntory, 1_t wa~ rather surpnsmg

l(o hnd that a small amount was also imported (30,931 yen dunng the hrst six months of 1932) page I57).

Could the accredited representative supply particulars on this subject ?

~~- ITo replied that bonito was a favourite article of ~onsumption. in Japan. The ~uantit~ of this fish caught off the J apanese coast was decreasmg. Smce h shenes had been ~larted In the islands, exports were increasing very rapidly. .

As regards copra, M. Ito mentioned the case of the Marshall I slands. The nat1ves there produced copra of a certain quality, which they exported, but, for them~elves, they needed ~~praof ~nother kind, which they imported. Furthermore, they could obtam copra very cheap

the netgh bouring islands.

-go-

INTRODUCTION oF THE SuGAR CANE IN RoTA IsLAND.

M. SAKENOBE recalled that the island of Rota had been found suitable for growing su a cane. Preliminary work had been done with a view to introducing this crop. He wo~1J like to know the present position.

M. ITo had no other information than that given on page 95 of the report. He would ask his Government for particulars.

J UDICIAL ORGANISATION.

Count DE PENHA GARCIA asked for_ particulars of the use ~ade of pen~ labo~r (page 4s of the report). He asked whether conv1cts were placed at the d1sposal of pnvate mdividuals.

M. ITO did not think so. Penal labour was used mainly by the authorities.

Mlle. DANNEviG said that page 24 of the report mentioned a tendency towards increa~ed crime on the part both of the J apanese residents and the natives. This remark had struck her as in previous reports the natives had always been described as very law-abiding. She would like to know whether the mandatory Power could not take steps to combat the tendency mentioned.

M. ITo pointed out that not all natives were law-abiding. The Kanakas of Yap, for instance, were savages whom it was rather difficult to keep in order.

Naturally, the Japanese authorities were combating the increase in criminality, but their efforts did not seem to have been successful.

The CHAIRMAN, referring to page 48 of the repor t, asked the accredited representath·e for information regarding sanitary conditions in the prisons.

M. ITO said that i t should not be imagined that the prisons in these islands were modelled on Western lines. They were mere huts in which prisoners were confined so that they might not be able to move about as freely as persons not in gaol. I n other respects, they !ived like the rest of the p opulation and no special sanitary regulations had been drawn up for prisons.

CINEMATOGRAPH.

Lord LUGARD put the following three questions to the accredited representative : (r) Were films exhibited in the territory? (2) Had any special measures been taken to regulate the use of the cinematograph among the population of the territory? (3) Were films of educat ive value being shown to the natives other than those mentioned on page zo6 of the report as being designed to explain to the natives the dangers of tuberculosis?

M. ITo replied, as regards film exhibitions, that, so far as he knew, there were only two cinemas, one at Palau and the other at Saipan, both very small. .

Cinema exhibitions, for which the natives showed great curiosity, were kept for hohday5 and formed a kind of general public reward. .

At Angaur, the natives were sometimes shown educational films on health quest10ns or working conditions in the mines.

Lord L uGARD asked whether, when the natives were shown medical films and magic lantern magnifications of microbes or insects were thrown on the screen, the audience realise1 t hat they were enlargements or whether they did not regard them as pictures of new beasts 0

prey which the Mandatory might int roduce into the islands.

M. ITO undertook to obtain particulars of the impressions which educational films made on the natives.

PUBLIC HEALTH.

·1 d Mlle. DANNEVIG observed that the report (page 79) again contrasted J apanese pupl ~and native pupils, and that the statement was repeated that the native pupils were badly nounshe and t hat disease was more frequent among them. .

The report also enumerated on pages 203 and 204 the steps taken to counter depopulah~t' but page 52 mentioned only one sum of s.ooo yen for improving native cust?n:ts and h~ .1 5~ This seemed a small amount if it was to pay for the effort s to improve the hvmg condtuon~ of the population.

1\l . ITo agreed that the comparison drawn between J apanese pupils and native P;~~~ was a mistake in view of the ethnographical differences between them. He would as this passage to be recast in the next report. ·tlr

The measures specified on pages 203 and 204 referred to the population of Yap. ;a~ -ed the a mount of 5,000 yen referred to by Mlle. Dannevig was a minimum amount to e u~

- 91 --

for the natives' public feasts and ceremonies. He did not think it was the only amount de\'oted to improving the living cond it ions of t he population.

Mlle. DANNEVIG stressed t he fact that each year there was a reference to the malnutrition of the nat ives. Could nothing be done to remedy this si tuation?

~I. ITO replied that underfeeding was a feature common to all the P acific islands. He wondered a!so what e:<actly was meant b~ ma~utrition . He ha~ ~t udied the question himself and found _tt a puzzling pr?~lem. T<;> _h1s mmd, s uch_ malnutntwn could only be remedied by improvmg the general hvtng co ndttlons of the natives.

)Ille. DA_NNEVIG was very gla~ to hear that M. Ito was taking a personal interest in this question, whtch she t hough t very 1mportant.

I NVESTIGATION INTO NATIVE MANNERS AND CUSTOMS.

Lord ~UGARD noticed on page 201 of the ~eport. a st?-tement to the effect t hat investigation of the native manners and customs and the1r soctal circumstances had been going on since the Sou! h Seas B_ureau was established. The repor t then gave some particulars of the manners and custo~s w~1ch _seemed to have .a greater or lesser effect on the depopulation of Yap.

Had mvesttgatwns been made m other parts oft he territory and, if so, would the results of those be publish ed ?

M. !To replied in the affirmative.

DECREASE IN THE NATIVE P OPULATION: JAPANESE IMMIGRATION AND I NFLUENCE.

Count DE P EN HA GARCIA said that a close examination of the demogra phic changes in the islands led to the inevitable conclusion t hat the aborigines were gradually dying out. He would like to know wheth er the experience acquired by the mandatory Power justified the belief t hat the social condit ions of the natives could be modified quickly enough to prevent their complete disappearance.

)1. ITO t hought it would be very hard to reply in the affirmative. It was very difficult for the mandatory Power t o interfere in the soci:J llife of the natives. All t he investigations of depopulation made, either by Americans or Europeans, regarding the P acific islands generally pointed to the conclusion that, if foreign interference were too abrupt, the results would be fatal. The same opinion had been expressed by the League of Nations Commission of Enquiry into Health Conditions in t he Pacific I slands. The mandatory Power had therefore to proceed very cautiously. It only interfered when it was cert ain of obtaining good results; otherwise it was better t o abstain .

Count DE P ENHA GARCIA congratulated the mandatory Power on the careful study it had made of this question. H e had, however , been struck by the results of the last census showing tha~ the J apanese population of the islands had increased by 8,400 in one year, whereas t he nattve population had increased by only 374 d uring the same period (page 169 of the report). The number of births was a lmost the same for J apanese as for natives, but t he death rate of the !alter was much higher.

The J apanese residents of the islands were thus increasing naturally and t here was, b~sides, :a- strong influx of J apanese immigration . Many J apanese now came to t h_e is_lands Wtth thetr families, thus showing t hat t hey meant to make their homes there. The hkelihood was therefore that, in t he not far distant fu ture, the natives would be entirely replaced by a Japane~e population .

. :\I. _ITo replied that this question of the decrease of the native pop~lation _was a very distre_ssmg problem . He himself had made a general study of the quest_1~n _wh1ch was not peculiar to the islands under J apanese mandate, but common to all the Pactf~c islands. Th~se ~lands CIJttld be d ivided into four groups : Polynesia, Melanesia, Micronesia and Indones1a. ~umberlc~s s~rveys had been made for each group. As long ago as 1~50, Americ3:ns had stud!ecl the question m t he Ha wa iia n I slands. They had found the native population decreasmg and had tried to ascertain the causes. L ater, Australia and New Zeala nd had been forced to study the_ same problem, as the aborigines of Tasmania had completely disappeared. M. Ito also menttoned the case of the Maoris and t he Tahitians. The problem was therefore a gener~l ~~le. t\ll investigators agreed on t he universal character of the phenor.nenon , although thetr 11ews,ctlffered as to the met hods used for taking a census of the pop~atlon s. . . T <\ ery many (a~out seventeen) reas~ns had been given ~or the ?echne of nat1ve populaho!ls. E he~e reasons fellmto h':'o classes : (r ) fhose con~ected w1th the mfluence of and_contact with f uropea11s; (2) causes tnherent m the populatwns themselves. Students bemg ~herefore ar from unanimous on t he causes of the phenomenon, they disagreed on the remedtes to be proposed. In 1927, a Commission of Enquiry of the League of Nations had studied the problem In ~lelanesia, but had not a rrived at categorical conclusions. . i. T~e Japanese Govern men t was continuing its investigations, the results of which were th!n In the annual reports. It had to be admitted that thos_e results \~e~e rather !fleagre.

cau<.es of depopu lation were very diverse and the remed1es very d ifhcult to fmd and

-92-

usually ineffective. The mandatory P ower was of course taking all the steps it thought suitable, but no guarantee could be given that it would achieve good results.

Count DE PENHA GARCIA wished nevertheless to stress the special character of the proble in the case of the islands under J apanese mandate. Japanese immigration into the islan; was on an excessive scale and this influx of J apanese aggravated the trouble. If the rate 0~ Japanese immigration were slowed down, that might perhaps be a partial remedy for th situation. He was not making a suggestion but merely emphasising one factor in the problem~

Mlle. DANNEVIG, referring to the number of J apanese that had settled in the islands observed that there seemed to be no restrictions on immigration. She would like to kn0,,:

whether the islands could go on absorbing an unlimited number of immigrants.

:M. ITO replied that the islands were not very large and therefore immigration would soon reach the limit imposed by geography itself.. The pre~ent immi~ration movement was due to the fact that use had begun to be made of Islands wh1ch had hitherto been unexploited. In Tinian, for instance, during the last four or five years, sugar-cane growing had been introduced and this made it possible to increase the number of immigrants, but the limit would probably soon be attained.

M. RAPPARD asked whether this progressive extinction of the race affected the morale of the natives or whether they were unconscious of it.

M. ITo, replying first to Count de Penha Ga,:cia, said that Japanese immigration was confined mostly to the islands of Tinian and Saipan.

Depopulation was particularly marked in Yap. The problem was less acute in the other islands. During his visit to the islands, ~1. Ito had made a· personal study of the social organisation of the natives. In Yap, where the population was very small, there were no less than ten classes of society, with very rigid customs, forming castes which were as exclusi,·e as those in India. Such an organisation of society could not be touched, since the higher castes refused to give up the privileges, frequently unhygienic, which they possessed, and it was very difficult for the mandatory Power to interfere.

Psychologically, the natives were absolutely indifferent to the idea of their extinction as a race. They felt the death of an individual, but the disappearance of their racial group left them unmoved.

M. RAPPARD, referring to the particulars just given by M. Ito on the social organisation of the inhabitants of Yap Island, asked whether it was to be inferred that this situation led to numerous marriages between persons related by blood-ties.

M. ITo replied in the affirmative.

Mlle. DANNEVIG noticed that the report gave tuberculosis as the main reason for the decrease in the native population. This disease had been imported into the islands. She wondered whether the nat ives' liability to contract tuberculosis was not connected with the question of underfeeding referred to in all the mandatory Power's reports. Had any effort been made to change the native diet ?

M. ITo replied that the food of the natives was very simple. They ate mostly bananas. taro, coco-nut milk, fish and fruit. There were pigs on the island, but no one knew whether they had always inhabited these territories or whether they had been imported. There wa~ in any case no grazing, so that it was difficult to introduce cattle or sheep. It would seem to be difficult, therefore, to change the diet of the inhabitants.

Mlle. DA~NEVIG urged that the mandatory Power should help the natives t? c<:>mbat tuberculosis. Even if their customary diet was sufficient in earlier years, perhaps tt dtd nodt suffice after the tuberculosis bacillus had been introduced among them and they neede more strength to resist the contagion. Perhaps they could be provided with more fat, particularly cod-liver oil, which she supposed was made in J apan.

M. ITo replied that it was a very difficult problem, and he would be glad to note any suggestions which could be made on this point.

Mr. WEAVER asked whether the fact that Yap natives were recruited for work in the Island of Angaur had any effect on the decrease of the population.

M. ITo replied that the problem was one which had engaged the attention of theJapanes~ Government because the transfer of workers to other islands was one of the causes a~~uc~n for the decline in population. But this cause was not operative in the case ~f the dec we 01 the I sland of Yap. He referred in this connection to the information appeanng on page ~ed of the report. There were certain periods where the men, according to custom. were requ In to abstain from approaching their wives. These customs were very strictly observet ted these circumstances, the men themselves ask to be expatriated. As these perio?s often a~·ap for seYeral months, and the journey to Angaur was not long, the transfer of nattves from ·ere to Angaur was not likely to stimulate the decrease of the population. Such, at any rate,\\ the conclusions at which the J apanese Government had at present arrived.

- 93 -

Lord LUGARD mention~~ that the Berliner Lokal Anzeiger, of November uth, 1932, had contained a report on the v1s1t of a German lady to the South Sea islands. The article stated that the chief. town of th.e I sland of Ponape had several J apanese shops which displayed cheap aoods of all kmds. Natives were thus encouraged to buy. Everythmg was supplied to them ~n cred_it, a temptation which they could not res!st. I n most c~ses, they could not pay the bill whtch was later sent them, and when t_hey d1d not pay, thetr land was taken, or if they bad no property, they were red~ced to a kmd of sla~ery. He did n?t attach great credence to these allegations, but would hke to hear the accredited representative's view.

~I. I~o rep_li~d that too much importan:e. should n.ot be attached to the hasty conclusions of a passmg vistt. Personally, when he VISited the Islands, he had not noticed that there were many shops. He would, in any case, enquire about the three questions raised by Lord Lugard's remarks-viz., (I) Did such shops exist ? (2) Did natives contract debts and 13) Were defaulting debtors expropriated ?

LABOUR.

Mr. WEAVER asked whether, in recruiting labour for Anga ur, the state of health of the workers was ascertained beforehand and whether any preventive measures were taken.

~I. Iro said he would draw his Government's attention to the point, and information would be given in the next report.

~Ir . WEAVER drew attention to the prosecution of two J apanese for" desertion" in the table on page 25. Were these cases of J apanese, recruited under the conditions indicated on page IIg, abandoning their work?

~I. Iro said he was not in a position to reply offhand, but would obtain information.

l\1. VAN REES pointed out that, on page 120 of the report, it was stated that the Government did not resort to forced labour for the execution of public works, though it had the right to do so. This statement was confirmed by the table on page 146, which gave the amounts spent on the improvement or construction of roads. In the article in the Berlit,er Lokal A t'zeiger, which Lord Lugard had quoted, it was said that, at Ponape, natives were compelled to work one week a month for the J apanese Government, and that they received no pay. He did not attach much importance to the statement ; he merely wished to give the accredited representative an opportunity to deny it.

M. ITo replied that, as the article contained definite details of the locality, it would be easy to enquire, and the results would be brought to the knowledge of the Commission.

MISSIONS.

~1. PALACIOS said that, if the table on page 89 of t he 1932 report were compared with the table on page 79 of the 1931 report, it would be seen that the number of Catholics in the district of Saipan {Mariana Islands) had fallen from 3,602 in 1931 to 2,989 in 1932. During the same period, the number of Buddhists had increased from 1,560 to 2,730. In other districts of the territory, such as Yap and Palau, the number of Catholics had also largely decrease.d. .

Could the accredited representative give information as to the reasons for thts fallmg-off of Catholicism in the mandated territory?

~1. ITo said he would ask his Government for information ; but he was anxious to state that, ~ince the J apanese restoration in 1868, religious questions had been excluded from p~litics ~n Jap~n by the Constitution itself. The Japanese Government maintained the same attitude In the tsl~nds under mandate. It was strictly neutral. . . T~e mcrease of Buddhists was explained by the fact that many J apanese commg !O settle 10 the tslands were classed as Buddhists. That did not mean, however, that Buddhtsm was making headway in the mandated territory.

~L. PALACIOS asked if the missions gave purely religious instruction or if they gave general education as well. He referred to the particulars on page 84 of the report.

~I. ITo replied that the essence of the instruction given by the .missions was religious, ~ut, m o.rder to prevent their pupils being compelled to attend the pubhc schools, they were led

so to gtve lay education.

M. PALACIOS asked if the missionaries engaged in medical work also.

M. ITo replied that they did .

EDUCATION.

Mlle. DANNEVIG noted that the tables on page 74 showed a c~n~inuous increase i.n the ~u~ber of classes and pupils in the public schools irt recent _Years ; thts !~crease -:vas confirmed Y he table on page 75, which showed the percentage of children attendmg pubhc schools.

- - 94 -

It was only the children educated in boarding schools whose number was diminishin as would be seen from a comparison of the tables on page 76 with the table on paae 67 ~i the report for 1931 (369 in 1931 as compared with 312 in 1932) . Had the ac~redited representative any explanation of these figures?

M. I:ro could only note the fact . He had no explanation to offer.

Mlle. DANNEVIG drew his attention to the paragraph at the top of page 75 of the report which did not seem very clear. '

M. ITo replied that the different percentages shown in the table on page 75 had been worked out at the request of the Commission, and arbitrary definitions had accordin 1, been made for the purpose of the statistics. He agreed that the text quoted by Mlle. Danne~i~ was not very clear. More exact information would be given next year. :,

Mlle. DANNEVIG wondered how the children could usefully be taught to speak and write Japanese, a highly difficult ideographic language, in the course of a period of instruction lasting three years.

M. ITo replied that the children learned the spoken language very rapidly. As regards written Japanese, it was true that the Japanese language was very difficult.

Even in J apan itself, attempts had been made to simplify the characters. An alphabet of forty-eight ideograms had been evolved, and it was this alphabet which was taught in the islands. The children appeared to learn it fairly easily. It gave the natives a common language. Their own dialects differed greatly from one another; that made it very difficult for them to communicate with one another. The common language was most useful for natives who had to perform public functions-for example, policemen.

ALCOHOL AND SPIRITS.

Count DE PENHA GARCIA said that, the report contained very clear information on the production of alcohol. There was only one distillery of any size in the islands, and most of the alcohol was not produced for local consumption but for export. In view of the increase in its production, the mandatory Power must of course be strictly on the watch against an increase in local consumption ; but he understood that the native population mainly consumed native liquor.

He had been struck, however, by the fact that, before 1931, the only alcohol produced was potable. Since 1931, on the other hand, denaturalised alcohol had been p roduced. In the first year of production, 174,000 litres of denaturalised alcohol were consumed in the islands. Could the accredited representative give any information as to the use of this spirit?

M. ITo said he had no details on the point, but would produce them.

Count DE P ENHA GARCIA said that according to the information on page 95, the only manufactures of sugar were at Tinian and Saipan. The sugar cane was cultivated in the other islands as well; but the cane was consumed locally. How could it be consumed if there was no manufacture of sugar? He feared that, as in other countries, the sugar cane was being used for distillation.

M. ITo replied that this was not the case. The production was extremely small, and, in all these countries, the natives consumed the sugar cane directly by sucking it. He did not believe that any alcohol was distilled from it.

Count DE PENHA GARCIA added that, according to the information on page 34 of the repon, the number of persons engaged in the sale of spirituous liquors at the end of December 1931 was r86, as against 168 at the end of December 1930. In the district of Saipan, the nun.1ber had increased from 87 to 103. He thought this somewhat excessive number might be explall1ed by the fact that the liquor vendors sold also other goods, and that there was not the same specialisation in the sale of liquor as in other countries.

M. ITo confirmed Count de Penha Garcia's explanation .

PUBLIC HEALTH (continuation).

Mlle. DANNEVIG remarked that, on pages So and 8r, the report gave partic~Iars with regard to schoolchildren suffering from intestinal parasites and the treatment applied. T~ table on page 81 showed the results of the examination of cases of round-worm. It appea~ that, of the children examined at the beginning of the school year, 50.80 per cent w~re suffe!Jn~ from this parasite, whereas the proportion was 52.34 per cent in the case of the pupil~ examme at the end of the year. It would seem then that the number of children infected was mcreas!l1g. What was the explanation ?

. Jl" M. ITo replied that the statistics were not properly presented. The necessary correctJO ~

would be made.

Mlle . DANNEVIG added that intestinal parasites were very widespread amongst t~e nat\~~ inasmuch as go per cent of the children attending school suffered from this affectiOn. ·ous not this a part explanation of the underfeeding to which the report referred? It was obvt that the presence of these intestinal parasites interfered with normal digestion.

-95 -

ORGANISATION OF THE PORT OF SAIPAN AND 0rHER P ORTS.

The CHAIRMAN thought t hat, in the light of the considerable efforts made by t he J apanese Gorernment to improve t he port of Saipan and other ports, future repor ts would show a de,·elopment of trade movements.

~1. ITO was anxious in this connection to draw attention to the fact that an English journalist, an ex-offic~r, Major R. V. C. !3? dley, J;lad recently made a. v isit of enquiry to J apan and to the mandated 1slands, and had v1s1ted Sa1pan. He had published a number of articles in the ]apa?~ Advertiser, a paper published by the Americans residing in J apan and not suspect of parti_alit_y in favour of J 3:panese policy. I n his articl~s_. M_ajor Bodley protested against the ~reJudl~es of stra ngers m regard to the a lleged forttf1cat1ons organised by the Government m t he 1sla nds under mandate . H e proposed to hand over these various ar ticles from the pen of an impartial observer to the Secretariat .

CLOSE OF THE HEARING.

The CHAIRMAN thanked M. Ito for the information supplied t o t he Commission.

FIFTEENTH MEETING

Held on November rst, 1933, at 10.30 a.m.

Western Samoa : Examination of the Annual Report for 1932-33.

Sir Thomas Wilford, High Commissioner for New Zealand in London, accredited representative of the mandatory Power, came to t he tabl~ of the Commission .

W ELCOME TO THE ACCREDITED REPRESENTATIVE.

The CHAIRMAN welcomed Sir Thomas Wilford o n behalf of the Commission a nd asked whether he wished to m ake a statement.

STATEMENT BY THE ACCREDITED REPRESENTATIVE.

Sir Thomas WILFORD.-I thank you, Mr. Chairman, for your welcome. Largely owing to the suggest ions made by the members of the Manda tes Commission, the

form of the report whic h is presented to you on this occasion has been remodelled, and it is hoped by my Government t hat it now meets the views of the members of the Commission, and may be found more helpful than in the past.

I wish to draw at tention firs t o f all to the introductory and other information given on page 2 of t he report. While aJI this information is known to the members o f the Commission , who haye had an oppor t unity of reading the report, I feel that i ts value will thereby be enhanced to those members of the general public who are interested in the principle of mandates, though to some of the members of t he Commission it may seem a work of supererogation. I suppose t~e only way in which I could get this par t of t he report embodied in the report of the Commis­~ton would be by reading the whole of it . As that is hardly possible, I should like to say that, tn my opinion, it would be of advantage to t he Commission, to the Government of ~ew Zealand, and to the p~blic generally if the largest possible proportion of the report could, m some way or other, be Incorporat ed in my opening remarks. . . E Y_ou ~vill notice first of all under the heading of " International R elahons ( b) E conom1c

quahty at the bottom of page 2 the following passage :

. " Save as to the protection afforded to native Samoans in the ina.lienability of na~l\'~ land, and their exemptio n from personal tax, there are no derog~t10ns f~om. the pnnc1_ple of economic equa lity as regards concessions, land te~ure, or d trect _or mdtrect ~axatton ; the question o f mining rights does not apply. There 1s a pref~re.ncc m Customs Import duties of 7! per cent in favour of British goods, but no restnchons as regards countries of origin o f goods imported , export trade or shipping. "

e Th~ point I wish to emphasise is that there are no derogations from the principle of

0~~~omtc eguality as regards concessions, land tenure or d irect o.r indirect taxation; as. a ma!ter t ct, I mtght add that under the law a s administered to-day m Samoa, no Samoan 1s subJect p: a~~ direct taxation u~less he has a salary of £200 or over . T~s m.ay be seen by referring to

g of the report under the beading o f " Direct Taxes", where 1t will be found t hat the t hree

- g6 -

items of direct taxation are set out in the schedule for 1931-32 and 1932-33, the three line- of which I propose to quote : ::.

(a) Personal t ax of £I ss. per annum payable by male adult Europeans

(b) Graduated salary-tax, from £r on £200-£300, to £30 over£r,soo

(c) Building-tax, r per cent per annum of capita l value of European buildings ..

1932·33 £

736

444

2,250

Received 19.1 1·3!

£

838

518

2,425

I will now pass to the general position of Western Samoa to-day. My Government claims that this report proves to the Commission that Western Samoa has weathered the financial and economic blizzard particularly well. D uring the year under review ending March 31st rg33 (that is our financial year), the trade turnover, notwithstanding the tremendous world tr~uble< and difficulties, showed a decrease of only 7 per cent as compared with a decrease of 35 per cent during the preceding year. Taking world conditions into consideration, my Government contends that the figures relating to_ imports and exports, as given on page 9 of the report, must be deemed to be more than satisfactory. The revenue collected exceeded the estimates by about £8,ooo and the expenditure was a little short of the amount estimated. There is a surplus of £7,754, and this in spite of the fact that no subsidy has been given by the New Zealand Government this year. We claim with pride that this is to the credit of our country and that in comparison with any other country in the world it may be regarded as an unexpectedly happy result.

One of the indexes of success, so far as my country is concerned, has always been deemed to be the volume of deposits in the Post Office Savings Bank, not necessarily the floating or the fixed deposits in the big banks of the country, but t he amounts deposited by artisans and working men in the Post Office Savings Bank. We find in New Zealand that a wonderful amount of cash is deposited by the ordinary working people of t he country. In Samoa, the fact that the savings in the Post Office Savings Bank have exceeded the withdrawals for the first t ime in five years is proof of peace and stability.

I now wish to draw attention to a change which had been made at the suggestion of M. Rappard. He suggested that it would be well, both in the in terests of my Government and this Commission, that all matters relating to finance should be included under one heading in the preparation of the report. The Commission will be p leased to see t hat this suggestion has been adopted, and now all questions regarding Samoan finances are grouped between pages 5 and 8 of the report.

I don't think that the individual items of revenue and expenditure call for comment, but, if information is desired, I will try to give it in response to any questions t hat may be asked.

I should like to draw the attention of the Commission to page 5 of the report, where it will be seen that under the heading " Expenditure (V) " the expenditure on health has gone up to £2r,8r9, roughly an increase of £4,000 over last year's figures, which were £r7,824.

Further , I wish to draw attention to the public debt of Samoa, which, at March 31st, 1932, stood at £r7r,200. This has been reduced by more t han £32,ooo during the year. I believe I am entitled to suggest that very few countries can point to such a proportion of public debt reduction in the last twelve months.

Before leaving the subject of finance, I would ask you to look at the second paragraph of t he second heading, " I ndirect Taxes ", on page 8 of the report. This replies to a question by M. Merlin, who last year pointed out that in t ime of economic depression t he import duties had been increased by a 2t per cent ad valorem tax on all goods subject to t hat class of duty. I will read the paragraph to which I have referred :

" T he increase of 5 per cent in import duties on J anuary rst, 1932, does not appear to have had an unduly restrictive effect on trade. Imports in 1932 were 82-4 per cent of the value of exports, as compared with 84.8 per cent in 1931. At the present time, w_hen economic necessity for increased taxation is world-wide, it is an interesting companson that a 5 per cent import duty and slightly increased shipping dues have been ~he_only additional charges on t he public to which the territory has had recourse in ach1evmg a balanced budget."

Last year, Lord Lugard referred to the abandonment of the control of the copra_ marke: by the Government-a subject which was dealt with in the report under consider3:t10n tha year. My Government thinks that there is lit tle it can add to the information furmshed la~t' year on this subject, and wishes the Commission to know that the Administ ration const~t .>. watches the margin between local and overseas prices, and is satisfied that, at present, tt 1~ reasonable.

I am selecting these particular points in order to show the members of the Cotnmissill~ that my Government wishes to reply when information is requested. To show how carefu ·

- 97 --

fllY Government goes into the slightest enquiry m~de by the ~ommissio~, I have only t o refer ·ou to page 9 of the report, where M. Rappard w1ll have noticed that mformation requested ~itb regard to the export duty on bananas is given.

~y Gover~me~t is. pleased to report that there has b~en a furth~r d~crease in crime, and, in this connectiOn, 1t wt.ll be noted that there has been. a slight red.uc~ ton m the police !'t rengt h. :\ glance at. t~e ~able m the report (page ro) . refernng t o ~onvtchons aric;ing from political agitation w~ll mdtcate th~ extent of the operation of ~h~ Mamtenance of Authority in Native ,\{fairs Ordmance. It wtll be observed that the convtctlonc; for such offences show a decrease ;his year a<> co~par~d wit h l~st _Year, as from sixty.-two to eight, and t he eight convictions were all in co~~ectton '~tth one mctdent. I am readmg from a document signed by the Acting Prime iVhntster, wh1ch states :

" The latter figure relates to one incident in the territory, in May 1932 ; all the parties pleaded guilty, and during the remaining ten months there were no incidents at all. "

There is one point in connection with convictions that I should like to make clear. There has been an increase in the number of convictions for failure to pay perso nal taxes . This represents. the collection of arrears of which £r,ooo worth came to hand in t he last t welve months under revtew.

I desire to point out , with regard to the consumption of alcoholic beverages in the territory, that ale, which forms the largest item, contains less than the percentage of alcohol accepted by the League of Nations for the definition of " alcoholic liquor ". It will be seen that t he ales imported into '_Ve~tern Sam? a_. .althou~~ subj.ect .to regulations under the Samoan Act of 1921, do not come w1thm the dehmtlon of mtoxtcatmg beverages" as accepted by the Mandates Commission.

:\Iy Government hopes that Mr. Weaver has obtained from the report the information he de;ired last year with regard to the conditions under which Samoans are working on the estates. )fy Government trusts t hat the information given will be found satisfactory. If not, and if any further information is desired, it will be happy to furnish it in the next report.

Last year, Mlle. Dannevig asked to be informed of the numbers of Europeans and natives employed in the schools, d istinguishing Mission schools from others. My Government has carried out her suggestion of preparing separate tables, and if she will look at the second table on page 13 she will see that we have endeavoured to meet her wishes. The attendance figures for the Administration schools for the quarter ending March 31st show a considerable increase over the preceding quarters.

A great deal has been said in the t hree years I have been here with regard t o the campaign against yaws. It is continuing, and with good results.

It will be observed that a note on mental defectives is now included in the Healt h Section (page rs). Any fears formerly entertained will be dissipated, as it will be seen that mental defectives are under the supervision of the local medical officer and not the priso n authorities.

Last year , the question of infant mortality was raised. On page r6 of t he repor t, I think, all the information required will be found ; there is also a paragraph dealing with the qualifi­cations of native medical practitioners and the participation of the Missions in medical work .

The CHAIRMAN thanked Sir Thomas Wilford for his detailed replies to the various quest ions raised .

STATUS OF THE TERRITORY.

~i. PALACIOS not ed the expression on page 3 of t he repor t :

'· The Executive Government of Western Samoa is vested in His Majesty the King in the :;arne manner as if the territory were part of His Majesty's Dominion ·."

Did not the accredited representative think that there should be ~om~ refer~n~e to the mandate? Was not t he Administrat ion of Western Samoa bound bv obhgat10ns an smg under the mandate? ·

b Sir T~omas :WILFORD replied that obviously the administratio.n o.f Western s.am?a was ound by tts obhgations under the mandate. He could see no obJectiOn to menhonmg the

mandate in subsequent reports but it was obviously impossible to make any change in the present printed document. '

STATUS OF THE INHABITANTS .

. · t M. VAN REES noted that British " certificates of naturalisation " had been grant ed t o ~~~ ee~ native Samoans and to fourteen others (page 2). This doubtless had been done in nx~~Utlo~ of t he British Nationality and Status of Aliens Act of 1923. He enquired what ~ tonality could be acquired in virtue of that legislation and added that he asked t his question whause: on May 3rd, 1933, in reply to Sir Cooper Rawson in the British House of Commons ~~/~ d!scu~sing " mandated territories (British natur~sation certificates) ": t he s~~se of of hom~s s reply had been t hat the quest ion of extendmg the power of grantmg certificates

naturahsation, so as to cover persons resident in mandated territories, was still under 7

- gb-

consideration. On J uly 19th, 1933, again, the reply of the Secretary of State for the Coloni . to Sir Cooper ~awson seemed to imply that no further pr~gress had been made in this matte~~

The question therefore arose whether these naturalised persons were regarded only a: citizens of New Zealand or whether this naturalisation conferred on them also the quality { British subjects in the United Kingdom.

0

Sir Thoma.s "':ILFORD replied that it was for the Uni.t~d Kinf?dom. Governn:tent, not ~ew Zealand, to dectde 1£ these persons would be regarded as Bntlsh subJe~ts m the U.n~ted Kingdom, but as far as New Zealand was concerned they possessed all thE' n ghts of Bnttsh citizenship that New Zealand could confer.

M. VAN REES assumed therefore that the " certificates of naturalisation " referred to in the report were something different from the "certificates of naturalisation" at present under consideration by the United Kingdom Government.

Sir Thomas WILFORD agreed and further explained that Western Samoa was an integral part of New Zealand from an administrative point of view, in virtue of Article 2 of the mandate.

Lord LuGARD assumed that the state.men.t.that "Western S~moa form~d an integral pan of New Zealand "only referred to the apphcabth ty of laws. Any mterpretahon OP a wider basi' would be tantamount to annexation. It was obvious, however, that New Zealand was not bound to apply all its laws to Samoa, but was entitled to apply to the territory such laws as it thought desirable.

M. 0RTS asked whether, in New Zealand law, the naturalisation of foreigners was subject to the condition that they had resided for a specified number of years in New Zealand.

Sir Thomas WILFORD replied that anyone who had been resident in New Zealand for five years could apply for naturalisation. That did not mean that naturalisation would nec<ssarily be granted.

M. 0RTS asked whether residence in the territory under mandate was equivalent, for this purpose, to residence in New Zealand.

M. RAPPARD asked whether the fact of having resided for five years in Samoa would entit le a foreigner to apply for naturalisation in New Zealand.

Sir Thomas WILFORD replied in the affirmative. On the other hand, he believed Samoans could apply at a t•y moment for British (New Zealand) nationality.

M. RAPPARD did not think that this was a very logical provision. It looked as if it might be possible gradually to convert all Samoans into New Zealanders by this process, and so virtually terminate the mandate.

Sir Thomas WILFORD reminded M. R appard that the process he had indicated would depend on the will of the Samoans themselves and on no one else.

RELATIONS BETWEEN THE NATIVES AND THE ADMINISTRATION : ACTIVITIES OF THE MAr.

The CHAIRMAN asked whether the accredited representative could state whether there wa.:; st ill any restlessness among the population and whether the Mau movement was weaker. At the Commission's twenty-second session,1 the accredited representative had stated that Mr. Nelson's period of banishment would terminate at the end of 1932. Had Mr. ~elson returned? Had the population continued to collaborate with the Administration and to what extent ?

Sir Thomas WILFORD said be had received a cablegram on this subject from hi: Government on October 18th. It would be recollected that Messrs. Nelson and Gurr had been deported . Mr. Nelson had returned to the territory early in the year, and Mr. Gurr had died ett route.

The Administration announced that lengthy negotiations had taken place with natire groups in the hope that some good results might be obtained. Unfortunately, these nego­tiations had proved abortive.

M. PALACIOS enquired whether any of the Europeans iu the territory still continu~d to be members of the Citizens' League and whether they were working with the Mau agamst the Administration.

Sir Thomas WILFORD replied that, so far as he knew, with one exception-Mr. Nelson­all the Europeans were helping the Administration.

M. PALACIOS, referring to P ress propaganda, pointed out that the natives could read Mr. Nelson's newspaper, which was largely written in Samoan-perhaps even by Samoans­and must know at what he was aiming.

d br Sir Thomas WILFORD thought that much of the contents was probably prepare ·

Mr. Nelson himself and that the Samoans signed ac; his blind followers. . . . tbe He added, in reply to a further question by M. Palacios, that the present pos1tton Jn!on"

territory was not one of active trouble ; everything was quiescent for the moment! but .s~ 0

as Mr. Nelson was there he was not prepared to guarantee that things would remam quJe ·

• Sec )lmutes of the Twenty-second Session. page 75·

- 99-

Replying to the Chairman, he stated that the Mau was not carrying on any political actirity or levying taxes independently of t he Administration.

M. PALACIOS observed, as regards Sir Thomas Wilford's second remark, that the same thing had been said when Mr. Nelson was not in the island.

M. VAN R EES observed that .in many publicatio~s by San:oans reference was continually being made to the Treaty of Berhn of 1889. A question on th1s matter had been asked in the House of Lords, and the Government's reply stated that that treaty had been cancelled by another treaty dated 1.899. It ?-ppeared that the Samoans did not in any way take that fa<'t into account and contmued to mvoke only the Treaty of 1889. Had the Administration of Samoa done nothing up to the present to persuade the Samoans of their error?

Sir Thomas WILFORD said that he was aware of t he t erms of the United Kingdom Govern­ment's reply. The position had already been explained to the Samoans, but he doubted whether the mentality of most of t hem was equal to an understanding of the position. He explaine~ t.hat t~ey were simple people, and that some of them were easily influenced against the Adm1mstrat10n.

Mlle. DANN.EVI<;; asked whether t he yo~nger ge~erati~n. t hat was now growing up, and had received education m the schools, took an mterest m pohtlcal matters. The answer being in the negative, she asked at what age did the Samoans exhibit their evident political interest.

Sir Thomas WILFORD replied that life in Samoa was very simple. Sometimes the natives worked, and sometimes they did not. They took little interest in world affairs, and if ~lie. Dannevig were to visit Samoa she might remain for a month without hearing of the Mau.

ACTIVITIES OF THE LEGISLATIVE COUNCIL AND OF THE FONO OF FAIPULES AND RELATIONS BETWEEN THEM.

Lord LUGARD noted that there were two native members of the Legislative Council of Samoa, and enquired whether t hey were also members of the Fono. What were the relations between the Legislative Council and the Fono?

Sir Thomas WILFORD replied that the natives in question might be members of both bod ies, though he did not know if t hat was actually the case. The position was perfectly plain : the Legislative Council dealt with legislation for the territory, whereas the Fono dealt with native matters and acted in an advisory capacity, talking over native questions with those in authority.

RECRUITMENT OF ADMINISTRATIVE STAFF.

Lord LUGARD enquired what method was employed for recrui ting the white staff in Samoa, and, in particular, the administrative staff. He asked fur ther who were included under the heading" Other Services", for which the figure of twenty-six Europeans was given (page 4 of the report).

He observed that, with only some 240 white Europeans in Samoa, including officials, there could be no nucleus from which to recruit .

Owing to t he short terms of service, there appeared to be some lack of continuity of policy, and officials had little time to learn the language and the nature of t he people .

. Sir Thomas WILFORD replied that it was difficult to tell at a glance exactly how .m~ny wh1te Europeans were employed in the Administration . He explained t hat , when .spectahsts were required in Samoa, members of t he New Zealand Civil Service were sent over etther .to do the work themselves or to train Samoan officials. No New Zealander could stand the chmate of Sa.m.oa for a long period of years. Generally speaking, the number of half-castes in the Adm1mstration was increasing, while t here was a reduction in the European staff.

SAMOA IMPORTATION AND ExPORTATION OF Coi NAGE ORDER, 1932 .

. Lord LUGARD enquired what was the object of the Samoa Importation and Exportation of Comage Order, 1932.

Sir Thomas WILFORD said that the main purpose of the Order might be seen by reference to Clause 4, which read :

" No person shall impor t or attempt to import into Samoa, or e:"port or att~r:npt to export from Samoa any coined silver otherwise t han in accordance With the provtstons of this Order."

th T~ere was, he explained, an exchange difference for silver coins betwee~ New Zealand and e Untted Kingdom and anyone smuggling half-crowns from New Zealand mto E ngland would

hvoid the exchange. Such a case had recently occurred, when £so,ooo worth of halt-crowns ad arrived in England from Tonga, dodging the exchange. The object of the Coinage Order

was to prevent the export of silver to England with a view to dodging t he exchange.

-- roo -

PUBLIC FINANCE.

l\1. RAPPARD expressed his appreciation of the way in which the information relating t

public finance had been concentrated in convenient form in a single chapter of the repono Referring to the statement that budgetary equilibrium had been established and that ther. was actually a surplus of revenue over expenditure {excluding the repayment of a tempora; loan of £6,ooo) {page 5), be observed that never bad the surplus of revenue over expenditur· been so great and never bad the revenue been so small. The position was explained by th: fact that expenditure bad been very surprisingly reduced. The three main items of savin~ appeared to have been " Customs, taxes and marine " ; the drop from £18,987 in 1931-32 1~ £4,008 in 1932-33 was, he suppos~d. du~ to some ext~nt t? the recasting of the items under other heads. He would be glad If detatls could be g1ven m the next report concerning tbi' reduction of some £14,000 of expenditure. -

Referring to the revenue table (page 5), he enquired whether direct taxes were included under the heading " Treasury " or " Other Receipts ".

Sir Thomas WILFORD replied that they probably came under both beads.

M. RAPPARD, referring to the debt repaid in the year under review, said that he could not reconcile th~ figures given on page 6 of the report (" repayment of principal {£z6,rss) "plus "repayment of advance {£6,ooo) ") with the item under heading I of expenditure: "Permanent charges on public debt, including sinking fund payments, and repayment of £6,ooo temporary advance from New Zealand Government (£17,II3) ".

Sir Thomas WILFORD did not think that there was any need to compare the two sets of figures. The £z6,ooo was, he thought, paid out of the Sinking Fund, an accumulated fund which represented savings extending over a period of years.

Lord LuGARD asked that particulars might be given in the next report of the accounts of the Sinking Fund.

He observed that the sum of £804 was charged under Item XII in the expenditure table {page 5), but t hat there was no corresponding entry in the revenue table, as far as he could see, of the sum of £I,216 representing the income of the Public Trust Office for 1932-33.

Sir Thomas WILFORD replied that the item in question might be included under the head of" Other Receipts", of which the Commission did not yet know the details.

He staterl, i '' reply to a further question of Lord Lugard, that t he Public Trust Office in New Zeala! \ ... died a large percer.tage of t he wills made in New Zealand, the Public Trustee being name-: cx~..:utor. The department had many and varied functions and responsibilities.

DIRECT TAXATION.

Lord LUGARD asked whether only Europeans paid direct taxes.

Sir Thomas WILFORD said that no taxes were levied now on natives except for salariei over £zoo; there was no head tax.

Lord LuGARD asked whether the Government had abolished the tax owing to the opposition of the Mau.

Sir Thomas WILFORD replied in the negative. The Government was still trying to collect arrears, and judicial convictions for non-payment came under that head .

EXPORTS.

M. RAPPARD noted that t he banana export trade was a monopoly run by the Admh;istra· tion and marketed in New Zealand. It seemed to him strange to speak of imposing an export duty of 2s. 6d. " to protect the trade " {page 9). Perhaps the explanation was that, since the inauguration of t hat venture, private trade had also sprung up and something had had to be done to protect the Government enterprise.

Sir Thomas WILFORD replied that the entire credit for working up the banana trade ~ra; due to the Administration; the Government was perhaps entitled to some acknowledgment of that fact. Fuller particulars of the export duty would be given in the next report.

Lord LUGARD had heard that a system was in force in American Samoa under w~ch 1.h~ Government bought the copra and sold it by auct ion. He enquired whether anythJUg 11 3

'

feasible on those lines in Western Samoa, where the price given for copra had caused so much trouble.

Sir Thomas WILFORD replied that there was no such system in Western Samoa, and said t hat the only trouble was the low price fetched by copra.

j UDICIAL ORGANISATION.

M. SAKENOBE said t hat the Commission would be glad if the figures for offence; committed by Europeans and natives could be shown separately in the next report.

Sir Thomas WILFORD replied that that would be done.

- IOJ -

ARMS AND AMMUNITION.

~[. SAKENOBE enquired whether, under the Arms Ordinance of 1921, Europeans and natives were equal.before the law .. He asked that statistics.might be given in t he next report of the re!!istered firearms already m the country. He enqwred whether the statistics of ammunition i;pOrts included the amount held by the police.

Sir Thomas WILFORD replied in the affirmative to the question concernincr the Arms Ordinance. He .state~ t hat in New Zealand no one might be in possession even of a reYolver without having tt registered. He thought that in all probability the figures for ammunition were inclusive of ~e amount held by the police, but said that he was unable to give a definite answer on that pomt.

SIXTEENTH MEETING

Held on Wednesday, November ISt, 1933, at 3·45 p.m.

Western Samoa : Examination of the Annual Report for 1932-33 (continuation).

Sir Thomas Wilford came to the table of the Commission.

FORM OF THE ANNUAL REPORT.

Lord LuGARD thanked the accredited representative for having complied with his suggestion that the report should follow the same headings in the same sequence as that adopted by the Commission.

CINEMATOGRAPH.

Lord L uGARD asked whether any films were produced in the t erritory. H . :my special measures been t aken to regulate the use of the cinematograph among the po1 d .tion? Were any films of educational value being shown?

Sir Thomas WILFORD replied tha t films were controlled in the territory as in New Zealand. Tbe control amounted to a very strict censorship- far stricter than in most countries he had visited.

VAGRANCY.

Lord LUGARD referred to an Order-in-Council promulgated by the Governor-General of ~ew Zealand giving effect to the Samoa Vagrancy Ordinance of 1931, applicable only to persons other th~n Samoans born in Samoa. He asked whether there were many such vagrants. Did the Ordinance apply to half-castes?

Sir Thomas WILFORD replied t hat there were a few vagrants. The Ordinance would apply to half-castes, who were regarded in this respect as whites.

LABOUR.

~lr. WEAVER thanked the accredit ed representative for the replies given in the report under discussion to questions he had asked last year. As regarded Samoan workers, he noted that no :egulations had been made. He would not ask any question on that point be~ause the ~con.on11c pressure on Samoans to take wage-ea rning employment appeared to be shght, and tt nug~~ be assumed that they would not work unless conditions were satisfacto~y. .

\Vtth regard to Chinese labourers, he thought that the average term ?f serv1ce ?f ftve.~nd a-half years was rather long (page 12), especially as the labourers came ~thout ~hetr famJbes. A recent article in the Pacific I slands Monthly seemed to suggest that hme-exptred lab~urers fad to remain in the island for a considerable period after .their c?ntract ~vas ended, owmg to ~c~ or repatriation facilities. Was difficulty really expenenced m securmg vessels to call at

pta to take off Chinese labourers?

f .. S.ir Thomas WILFORD replied that the transport difficulty was ~ very real o!le. Shipping acihttes were irreg ular and sometimes entirely Iackina for a cons1derable penod. Tn some ~~ses, of co~rse, the Chinese preferred to remain in Sa;oa, owing to ties .they had contracted

?ecause, m some instances they were too old to wish to return to thetr country. But the matn bl ' pro em was one of transport.

( a Mr. WEAVER was glad to note the explanation of the use of the Chinese Benevole~~ Fund thege 12). He would ask a question concerning the Overhee~:d Fund an.d other pr.ovtst? ns of n . new Labour Ordinance in the following year. Meanwhile, would 1t be posstble m the ~t~tdreport to have the accounts of the two funds? This should not be difficult, as he under-

that these accounts were published.

- 102 -

EDUCATIOI\.

~lle . pANNEVIG tha.nked t?e accredited. represent.ati.ve for the detailed information con tamed m the report, m particular concerrung the mtssion schools, a bout which she had made various enquiries in the previous year. She understood that at present practicalh· every Samoan was receiving education in the schools, some apparently in the \·ernacula· only and S<?me in English. ~n spite, however , of this wide;;pread education, the accredited representative h ad seemed to 1mply that the Samoans, when It came to facts, were without the most elementary knowledge and were easily misled in political ma tters. Why was it that Samoans did not seem to trust and understand New Zealanders ? Would it not be possible to ameliorate this situation by the education given in the schools? It was stated {page 13) that there were colleges frequented by persons up to the age of thirty.

From uttera nces by Samoans when discussing na tive politics with the Administration. from photographs, etc., she had gained a very strong impression that Samoans were rather more intelligent than other coloured people under mandate. Would it not be possible to counteract the a lleged misleading influence, for instance, by a judicious instruction in elementa ry civics in the higher classes ?

Sir !homas :.VILF?RD replied that ~~en highly educated and inteLligent persons were apt to be misled a t hmes m matters of pohhcs. Perhaps one of the best proofs of the natives· intelligence was tha t, when left alone, they took practically no interest in politics. They were much more interested in the discussion of domestic affairs.

Mlle. DA NNEVIG asked what were the economies which had been effected in the matter of education.

Sir Thomas WILFORD said he could not give an authoritative statement regarding th·. separate items, but it should be remembered that , on page 8 of the report for the predous year. it h ad been said that three European teachers had returned t o New Zealand. The saYing on their salaries a lone might be equal to £1,ooo.

ECONOMIC SITUATION.

Count DE PENHA GARCIA noted a passage in the report (page II) reading :

" The socia l system of the Samoan people is s uch that poverty cann_?t exi.st.. All f amities a re well endowed with land and, as the soil is very fertile, they have httle difhculty in growing all food supplies required. Their wants in the way of clothing are few. They a re well a.nd suitably housed."

In addition, the economic depression had not greatly affected them.

" The villages are clean and well cared for. . . . The people generally show n<l particular keenness in seeking employment outside their own style of living."

Under these circumstances, Samoa would seem to be such a happy paradise that it was difficult to imagine what more the mandatory Power could do to improve the lot of the inhabitants.

Sir Thomas WILFORD said the statements referred to by Count de Penha Garcia were correct. On the other hand, the New Zealand Government felt it had not done all that yet could be done for the inhabitants of the territory when opportunity offered. In view of ~~~ very favourable conditions truly set out in the report, he had almost hoped that, on . th~ occasion, the Mandates Commission would not have found it necessary to ask many questton>.

ALCOHOL AND SPIRITS.

Count DE PENHA GARCIA thanked the mandatory Power for the information contained in the tables on liquor (page 14).

PUBLIC HEALTH.

The CHAIRMAN noted the statement on page 16 of the report that infantile mortalit~ was serious, but showed no evidence of increase, an? that the matt~r was engaging the ear~esd attention of t he Administration. Could the accredited r epresentative say what measures a been taken in this connection? . . . . lth had

It would be seen from page 5 (Public Fmance) that the expenditure on p:1blic hea b\. increased during the year under consideration from £17,824 to £z1,81g-that was t o sa~ d.) about £4,000. In what sphere of public health had these additional sums been expen ~ ·

. . mpaign Sir Thomas WILFORD said that, in the first place, there had been ar~ mten~tve ca re rt.

against y aws. During the troubles of 1931 and 1932, .a n~mber of natives failed to .. po t(l It bad been difficult to identify suffe~ers, a nd the nah~es m general had been. un\\~;;1_ submit to treatment. It was now possible to reach practically the whole population, so very for tuna tely- more money had h ad to be spent on this campaign.

- I03-

In reply to the question of infant mortality, he woul d draw the Commission's attention to the ~revious _sentence on page I 6 of the report t hat. "d~ring t_he years rgzo. to 1930, notificatiOnS of btrt~s and dea~hs we~e neglected by th~ ~ahve~ . T hts fact of previOus non­:egistration made 1t a lmost tmposstble for the Admtntstrahon t o draw comparisons with pred ous years.

M. SAKENOBE asked to what ext e nt the missions were co-operating.

Sir Thomas WILFORD drew M. Sakenobe's attention to the passage on page r6 of the report : . . . . .

'" All the mtsstons of dtfferent denommations purchase stocks of drugs a nd dressings at the Apia hospital dispensary from t ime to t ime and use them in their schools."

To this, he could only add that a ll were co-operating in a most satisfactory and friendly manner.

In answer to a further question by M. Sakenobe, the accredited representative said that there had been a distinct improvement in the sanitary arrangements of schools a nd the health condition of children . A considerable amount of money had been spent on this task. The uatives as a rule did not underst a nd hygiene. Even in N ew Zealand, Maoris had first ha d to be trained in hygiene and then sent among their fellow people in order to initiate a health campaign. The school hygiene in Western Samoa was really up to date.

LAND T ENURE.

M. \AN R EES observed tha t the report contained no reference to the former German plantations which had been reta ined by the mandatory Power under Article 297 (paragraphs b and c) of the Treaty of Versailles, the estimated value of which ha d been placed to the reparation account. Thus, these pla nta tions were " Crown land~ " belonging, with full ownership rights, to New Zeala nd. T hey had been let and the rents paid to the Treasury of tbe mandated territo1 y. B ut there was no mention of this payment in the budget.

Lord LuGARD underst ood that the Administration in Sa moa had nothing whatever to do 11ith the reparat ion est at es.

Sir Thomas \\"ILFORD explained that the exploitation of the fo rmer Germ'ln esta tes was a question ent irely separate from the administration of W estern Samoa . S•·• , '· ceived fro m those esta tes went straight into the New Zealand Treasury.

M. VAN R EES said that he had rai£ed the point because, in the past, it ha d several times been stated to the Commission that the yield of the rents was paid, not to the New Zealand Government, but to the T reasury of t he m a ndated territory. It appeared that this practice had been discontinued, but the Commission h ad never been informed of the fact.

Sir Thomas WILFORD replied that, in the early years, when the Administration had derived c_onsiderable profits from the rents, etc., of these estates, it had, of its own volition, helped the hnances of the ma ndated territory. Since the H lgue Agreement with rela tion to Samoa, and as the finances of Western Samoa now required no help from outside, he was sure that the_ ~Iandates Commission would see that the present position was not in the least the same as tt had been in the early years after the war. If the Commission desired him t o ask his G_overnment t o furnish it with an account of the reparation estates, he would do so, but he did ~ot think that his Government should fu rnish such a report, for the m a tter lay entirely outstde the jurisdiction of the Ma ndates Commission.

D EMOGRAPHIC STATISTICS.

~1. RAPPARD said that the increase in population was most g ratifying! because it constituted a final test of the welfare of the population. There was just one pomt that was not clear. T he table on page r8 seemed to imply that about 700 natives had left the territory.

Sir Thomas WILFORD could assure M. R appard that that was not correct. To his knowledge only a few persons had proceeded to New Zealand from Samoa in the course of the year. An expla nation would be given in the next report.

CLOSE OF THE H EARING.

s· The CHAI~MAN thanked Si~ Th<?m~ W_ilford ~or his co-~peration. He under~tood that t Thomas Wilford would be relmqutshmg hts post m London m order to return to _hts coun try.

1he members of the Mandates Commission regretted that they would not agam have the

P easure of seeing Sir Thomas Wilford at their table.

Sir Thomas "WILFORD t ha nked the Chairman. He was sure that the Ma nda tes Commission ~·ot_d sh~w to his s uccessor the same unfailing consideration and courtesy which he himself a Invanably experienced.

Sir Thomas Wilford withdrew.

104 -

Togola n d and Cam eroons under French Ma ndate : Observations of the Commission.

After an exchange of views, the Commissiot' adopted its observations on Togoland a~td Cameroons ttnder French mandate {Annex 17).

SEVENTEENTH MEETING

Held on Thursday , Nove·mber 2nd, 1933, at 10.30 cu1z.

Syria a nd the Leba non : Specia l o bservations of the Commission.

After an exchange of views, the Commission adopted its special observations concemino Syria and the Lebanon (Annex 17). '

Ruanda -Urundi : Observations of the Commission.

After an exchange of views, the Commission adopted its observations concernittg Rttanda­Un-t1tdi (Anuex 17).

Syria a nd the Lebanon : Petition, dated Februa ry 11th, 1933, from M. Sami Sleem (continuation).

After an exchange of views, the Commissiott adopted the conclt,st:ons of Count de Pen/1<1 Garcia's report (Annex 9), with certain drafting amendments.

EIGHTEENTH MEETING

Held on Th1,rsday, November 2t,d, 1933, at 4 p.m.

Togola nd under British M andate : Petition, dated April 4th, 1933, ema na ting from the Chief a nd Inhabitants of Woame (continuation).

M. PALACIOS explained that the inhabitants of Woame (Klouto district, Togolatl(l under French mandate), who had, on J uly 3rd, 1928, SCilt a previous peti tion 1 for which he had hcen Rapporteur and regarding which a favourable decision had been reached by the Commission and approved by t he Council on September 28th, 1929, had submitted a further petition dated April 4th, 1933, requesting t he League of Nations to defend the rights which they claimed. They asserted that these rights were not merely being disregarded, bu t were being violated by force and intimidation. They stated that a frontier line drawn between the cantons of Honuta and Woame had deprived them of the possession of their lands. The inhabitants of the Honuta canton, strongly armed, were preventing them from enjoying these lands so that, robbed and humiliated, they were unable, not merely to utilise land wh ich t hey alleged r_o belong to themselves, but even to keep it. They recapitulated the events to which then petition referred, and also submitted a general plan of the locality.

The mandatory Power had not offered any observations to the Commission, nor had anything been said by the accredited representative. The accredited representative of the French Government, however, when interrogated on this subject at the meeting on Octob~r z?rh_ 1933, had replied that an agreement had already been reached between the two tern tones · he had added that information would be given in the next report. . _

For these reasons, M. Palacios proposed that the Commission should adjourn its dectston until it was in possession of all the data.

M .Palacios's proposal was adopted.

Syria and the Lebanon : Petitions, dated May 20th and July 31st, 1933, from the " Associa tion syrienne de Toulouse" (con tinuation). After au exchange of views, the Commission adopted the conclusions of Count de Pmha

Garc-ia's report (Annex S)-

Syria a nd the Lebanon : Petition, dated M ay 14th, 1933, from M. Mahmoud wehbe. Editor of the Newspaper " El Ittihad " (con tinuation).

Count DE PENHA GARCIA, Rapporteur, pointed out that the object of this peti~ion b~d been brought to the Commission's notice by a petition from the "Association s~nenne 1~ Toulou,c" on which he had already repor ted (Annex s). He proposed that the petitiOn shou be rejected, in accordance with the procedure adopted by the Commission.

The proposal was adopted.

• Sec )liou es ,.,f the fifteenth session of the Commission. pages ~05, zs7·262 and 297.

-105 -

Syria and the Lebanon : Petition, dated September 1st, 1933, from Mme. Hasiba Mahomet el Mousri (con t inuat ion).

After an exchange of views, the Comtn-ission adopted the cotJclusions of M . Palacios' s rtporf {Annex II) .

Togoland under French Mandate : Petitions concerning the Incidents which o ccurred at Lom e, January 1933 : (1) Petitions : from M. Sosuvi, Gold Coast (a) dated February 5th, 1933 ; (b) d a ted February 13th, 1933, (Annex 13{a) ) ; (2 ) P etition , dated August 15th, 1933, from the " Bund der Deutsch TogoHinder" (Annex 13(c)).

After an exchange of views, the Commission adopted the conclusiotlS of M . Oris's report (Annex 13(e)).

Svria and the Lebanon : Petition, dated June 28th, 1933, from the President of the · "Associa tion des etudiants arabes de Geneve ".

After an exchange of views, the Commission adopted the conclusion,s of /vf. Rappard's report {An nex 8).

Palestine and Trans-Jordan : Petition, dated May 25th, 1933, from M . Auni Abdul Hadi, Secretary-General of the Arab Independence Party.

;\!.PALACIOS explained t hat t his petition, for whichM. Ruppel was to have been Rapporteur, but for which he himself had been appointed Rapporteur in M. Ruppel's absence, was a leiter from the Secretary-General o f the Arab I ndependence Party, dated May 25th, 1933 . .-\ ttached to it were also a memorandum, dated J anuary 8th, 1933, and a covering letter by the mandatory Power, wi th certain pert inent observations, dated July 14t h last .

As the memorandum, apart from the questions regarding which the Mandates Commission bad already declared that it had no competence, constitu ted a commentary and criticism of the whole policy of the mandatory Power in Palest i~e wi th regard to Arab aspirations, and as t he mandatory Power gave an account each year of its mandate at t he summer session of the Commission during t he hearing of t he accredited representat ives, M. Palacios proposed that consideration of the petition should be deferred until the next session.

M. Palacios' proposal was adopted.

Palestine and Trans-Jordan : Petition, dated May 18th, 1933, from M. D. Wa rwar, President of the" Sociedad palestino-arabe d e Cuba " .

Jl. PALACIOS explained that t his was a letter dated Havana, May 18th, 1933, protesting atainst the excessive immigration of J ews into Palestine. For the reasons stated in connection with the previous pet it ion , and more especially because the present pet it ion had not yet been ~ommented upon by t he mandatory Power, he proposed t hat the Commission should remove It from the agenda of the present session.

M. CATASTINI added t hat it was natural that t he examination of t his petition should be deferred, as t he time-limit within which t he mandatcry Power could submit its observations hart not yet expired.

M. P alacios's proposal was adopted.

Islands under J a panese Mandate : Observations of the Commission. After an exchange of v iews, the Cotmltission, adopted its observations concem itt.g the i slands

tmder ] apanese mandate (Annex 17) .

N INET E E NTH MEETI NG

H eld on F riday, November 3rd, 1933, at 10.30 a.m .

Syria and the Lebanon : Petitions, in Five Series (Twenty- two in all), relatin~ to the Political Organisation of Syria and the Lebanon (continuation).

The CHAIRMAN opened the discussion on the following draft conclusion of M. Rappard's report (Annex 6) :

" The Commission, " Having taken no te of the petitions in five series relating to t he general organisation

of the territories of the Levant under French mandate t ransmi tted by the French Go\'ernment in its Jet ter of J une r 6th , 1933 ;

" Having heard t he accredited representative of the mandatory Power wit h regard ~) t hese pet itions during the present session , and bearing in mind the sta tements made Y the High Commissioner for Syria and the Lebanon at its t wenty-second session :

- ro6 -

" Considers that the petitioners' wishes for t he creation in Syria of a unitary Stat as well as their wish t hat France should ~rant independence to any part of the tenito e: under mandate which is not Syria or the Lebanon, a re contrary to t he fundament?! charter of the mandate ;

" Wishes the mandatory P ower all success in the difficult task in which it is engat!ed ?f reconciling ~he aspirations to~vards full i~dependen~e of the populatio~s placed under Its tutelage with the guaranteemg of the nghts and mterests of the mmorities among these populations." Lord L uGARD approved the principles enunciated by M. Rappard.

M. VAN R EES asked what was the relationship between the sentence in the last paragraph but two of the report beginning wit h the words, " The mandate, indeed, did not seem 10 exclude ." and the third paragraph of the draft conclusions.

M. R APPARD replied that t he sentence of the report to which M. Van Rees referred should be read in conjunction with the subsequent one. These t wo sentences taken together showed that the process of emancipation might be gradual. Nevertheless, if Syria reached the thresh old of final emancipation before the rest of th e territory, sh e-would have to wait .

M. VAN R EES asked what, in those circumstances, became of paragraph 4 of Article 22 of the Covenant. Under this paragraph, if one of the "communities" was declared capable of self-government, it had the right to claim its immediate independence-that was to say without waiting for the other communities which formed part of the same terri tory unde~ mandate to have attained the degree of political development necessary for them to obtain their independence.

M. RAPPARD thought that the various relig ious communities in Syria could not be regarded as " communities " in the sense of Article 22. It was simply a question in this case of the inhabitants of a territory under mandate.

M. VAN REES admitted that, in the case of Syria, it would be almost inconceivable that, the rest of the territory being emancipated, t he mandatory P ower would be able to maintain its mandate over s uch insignificant portions as t he J ebel Druse and the Alaouite country. He therefore agreed with M. Rappard's conclusions.

M. MERLIN agreed with M. Rappard's conclusions.

M. RAPPARD, revert ing to the question raised by M. Van Rees, thought that the whole difficulty arose from the employment, in paragraph 4 of Article 22 of the Covenant, of the word " communaute ". If this expression were given its usual meaning in the East- namely, a relig ious community-absurd conclusions would be reached. This word had probably been used failing a better one. It must be remembered that t he French text of Article 22 of the Covenant had been translated from the English. In English the word "community " meant a group of persons living in a given locality. The term was rather v ague, but that was the interpretation which should be given to it. Consequently, it must be admitted that it applied to th e inhabitants of the three territories of Palestine, Syria and the Leb anon, for each of which a mandate had been granted. It could not be said of t hese inhabitants, in 1919, that they were distinct peoples or nations, from whence probably arose t he term " communities" translated " communautes ".

Lord LUGARD was of opinion that the word should not b e interpreted in its ordinary sense of a "community " within a State; it was simply a synonym for t he term "people ", which had been used in paragraph I of Article 22.

M. PALACIOS shared this opinion. If, in drafting the Covenant, different words­.. territories ", " peoples ", " communities "-had been used which meant roughly the sa roe thing, that had been merely in order to avoid repetition . The proof lay in t he fact that, at the beginning of the mandate for Syria, t he word " territory " was also used in t he same sense.

The CHAIRMAN thought that, in any case, it was well that the Commission had noted this point, which merited attention. .

He agreed with l\1. Rappard's conclusions, but asked for explanat ions regarding the thtrd paragraph.

M. RAPPARD explained t hat this paragraph meant that those of the petitioners who wi_shed that. any given part of the territories in the Levant under French mandate, which was_nett~er Syria nor the Lebanon, should become an independent State, expressed a desire wh1ch ''as contrary to the mandate.

M. P AI.ACIOS agreed. M. SAI<ENOBE shared the Chair man's anxiety. Could it be said that the ~stabljshmen~

of a unitary State in Syria was contrary to the instructions of the mandate, which stip~latJ ~ that the Mandatory should encourage local autonomy, as far as circumstances permt tte · The obligation was not absolute.

M. RAPPARD replied that circumstances not only allowed, but even imposed, the exi~tencf of autonomous regions which should be respected, if it were desired that the protection ° minorities should be assured.

M. MERLIN confirmed this explanation by observing that, under the very terms _of~~~ mandate, the creation of autonomous regions was essential, because the mandate said! 11 al that the mandatory P ower could or should set up, but that it should "er:couragc oc autonomy, etc." For that reason, he fully agreed with M. Rappard's conclusions.

- 107-

The CHAIRMAN thought that, nevertheless, the point should be made clear by adding, for instance, after the words " unitary State " the words " apart from autonomous regions " .

M. RAPPARD thought that such an addition would be tautologous. Juridically speaking, a unitary State was the exact opposite of a federat ive St ate.

The CHAIRMAN insisted tha~ this passa~~ sh<?uld be r:tade somewhat clearer , and proposed one or the other of the followmg texts : Stnctly umtary State, a par t from autonomous regions . ." or, "Strictly unitary State, excluding the autonomous regions".

~J. PALACIOS also thought that this passage should be made clearer.

~f. RAPPARD accepted a modificat ion taking into account the Chairman's suggestions, but proposed to introduce it in the form of an explanation : " Unitary State-that is to say, exclusiYe of autonomous regions ".

He also proposed that the words, " France should grant independence " , should be replaced by the w0rcls " full independence should be grant ed ".

The Commission adopted the conclusions of M. Rappard's report as amended (Annex 17).

Syria and the Lebanon : Observations of the Commission (continuation).

The Commission examined the following draft observation on Syria and the L ebanon:

" The Commission has been informed, by the accredited representative of the mandatory P ower, of the development of the polit ica l situation in Syria and the Lebanon during the last eleven months. It calls the Council's attention to the account , embodied in the Minutes, of the meetings devoted to this ques tion. Without wishing to anticipate the opinion it will have to give when it has collected all the requisite data for that purpose, the Commission, anxious that the spirit of the provisions of the mandate s hall be safeguarded , feels bound to emphasise now that the provisions t o be adopted on behalf of those groups of the population which in Syria and the Lebanon differ from t he majorit y in race, religion , language or cus toms must be compatible with that spirit. "

~1. PALACIOS would prefer another text ; he proposed that the words " during the last eleven months" should be omitted . As M. Ponsot bad in the past made a statement to the Commission, th ere was no need to limit t he period in question . There still remained t he declarations of the High Commissioner, in regard to which the Commission had not yet expressed that reasoned opinion which those declarat ions, in view of their impnrtance, deserved. He referred to those dealing wit h union a nd the gradual emancipat ion of Syria and the Lebanon .

M. MERLIN pointed out that t he accredited representative had explained the policy followed during these last eleven months, without, however, giving any account of the general policy; that was the task of the High Commissioner himself.

The CHAIRMAN thought that, in these circumstances, the logical consequence would be that the Commission should not express any opinion for the moment.

Count DE PENHA GARCIA reminded the Commission that the accredited representative had stated tha t it was not the High Commissioner who wa s responsible for the policy of the mandatory Power. He directed t hat policy in accordance with t he instructions of the Government.

M. 0 RTS felt that the whole form of the general observation should be modified, so as to con:-ect it wit h the previous discussions on the subject , while avoiding any appearance of takmg up a posit ion in the matter at the present stage. He therefore proposed that the present text of the general observation should be replaced by the following text :

" In a letter dated June rsth, 1933, the French Government informed the ~ecretary­General of the League of Nations that M. Ponsot, High Commissioner for Sy.na and the Lebanon, would make a statement to the Commission in October on the evolutiOn brought about in the situation of the States under mandat e. In the meant ime, however, M. Ponsot was t ransferred t o another post and t he intention could not be carried out.

" M. Ponsot's successor, on the other hand, could not be expected to make such a statc,~nent at the very moment he had assumed the office of Hi~h Commissioner .

In these circumstances the French Government stated, m a letter dated September 14th, tha t it would be M. de,Caix who would be called upon to give explanations to the Commission on the points held over at the t ime of his hearing in June last. . " The accred ited representative has given certain indications as to the P?litical

s 1t~ati~n in Syria and the Lebanon during the past months, althoug~ .he f~lt oblige~ to mamtam a greater reserve than would a High Commissioner when expl.ammg h1sown pohcy. The Commission would refer the Council to the account of the meetmgs devoted to t hese questions t o be found in the Minutes."

h The CHAIRMAN agreed in principle with this text. ~t was esse~tial that the Commission 5 f oulu re~erve its opinion and maintain its freedom, particularly as 1t was a t present unaware 0 the poltcy which the new High Commissioner would follow.

(An The Commissio?£ adopted the text proposed b-y M. Oris with certain drafting modijicat1.{Jns nex 17).

·-- r oX -

Syria a nd the Lebanon: Petition (undated) from Mme. Amine el Hala bi (continuation).

After an exchange of views, the Commission adopted the conclttsions of JV!. Palacios's rep 1 (Annex ro). or

Syria a nd the Lebanon : Six Petitions , d a ted J anu ary 30th a nd 3 1st, February 3rd and 5th, 1933, from Inhabita nts of Latakia, Horns, Hama and Aieppo (continuation).

After an exchange of views, the Commission adopted the conclu-sio·ns of Jlf. Oris's report (Annex 7).

Western Samoa : Observations of the Commission.

After an exchange of views, the Commission adopted its observations concerni1~g Western Sa·moa (Annex 17).

TWENTIETH MEETING

H eld on Saturday , Novem ber 4th, 1933, at II a.m.

Examination of the Draft Report to the Council.

The Commission adopted its draft report to the Co1mcil on the work of its twenty-fourth sessio11, su.bject to a few drafti?tg ammdments (Annex 17).

Adoption of the List of Annexes to the Minutes of the Session.

The list of am£exes was adopted.

Representation of the Mandates Commission at the Council.

The CHAIRMAN said he hoped to be able to represent t he Commission at the session of t he Council to be held in J anuary 1934, but if not, the Vice-Chairman, M. Van Rees, would replace him.

Da te of the Publication of the Report and of the M inutes of the Twenty-fourth Session of the Commission.

M. CATASTINI reminded the Commission that, under the regulations laid down by the Assembly for the Advisory Commissions of the League, the reports and Minutes of these Commissions were distributed simultaneously to the Members of the League and were published when forwarded to the Council in their printed form, unless the Commission concerned decided oth erwise.

The Commission had therefore to decide whether it wished, with regard to the report and Minutes of the present session, to make any exception to this rule.

The Commission decided that it was not ?lecessary to make any exceptio?~ to the rule.

Petitions r ejected under Article 3 of the Rules of Procedu re in regard to Petitions: Supplementary Report by the Chairman.

The Commission adopted the Chairman's report (An nex 3).

Date of the Next Session.

It was decided that the Chairman should convene the Commission towards the et~d of Jla}' or the beginning of June 1934.

Close of the Session.

The CHAIRMAN thanked his colleagues and the members of t he Secretariat for their collaboration.

M. VAN REES concurred with the tribute paid by t h e Chairman. His colleague~ and he had appreciated t he courteous and tactful way in which the Chairman had supervt?ed the discussions of t he session at which the Commission had had to examine certain particularly delicate questions.

The CHAIRMAN thanked M. Van Rees and declared the session closed.

--. I •;9 --

ANNEX 1. C.P. M.I45I(I ).

LIST OF DOCUMENTS • 2 FOR\IVARDED TO THE SECRETARIAT RY THE )JA~DATORY POWERS SINCE THE LAST EXAMINATION OF THE REPORTS

RELATING TO THE FOLLOWING TERRITORIES :

. -\. Iraq. B. Svria and the Lebanon. c. C~meroons under British Mandate. D. Cameroons under French lvlandate. E. Ruanda-Urundi.

F. Togoland ttnder British Mandate . G. Togoland under French Mandate. H . I sta-nds under Japanese l\1[ andate. I. Samoa (Western).

A. IRAQ.

Amtual. Report.

Report by His Majesty's Government in the United Kingdom of Great Britain and Northern Ireland to the Council of the League of Nations on the Administration of Iraq for the Period J anuary to October 1932.

B. SYRI A AND THE L EBANON. Legislati01~.

Series of the Administrative Acts of the H igh Commission of the French Republic in Syria (Volumes V to XIII).s

Various Official Pt~blications.

I. Budget of the Government of the J ebel-Druse, Financial Year 1933. 2. Budget of the Government of Latakia, Financial Year I933· 3· Budget of the Autonomous Sanjak of Alexandretta, Financial Year 1933. 4· Budget of the Syrian Republic, Financial Year 1933. 5· Budget of the Lebanese Republic, Financial Year 1933. 6. Extract from t he Minutes of t he Four th Sitting of the Syrian Chamber of Deputies,

June 14th, 1932, communicated by the Accredited Representative to the Per­manent Mandates Commission at its Twenty-third Session (June 29th, 1933).8

C. CAMEROONS UNDER BRITISH MANDATE.

Amt11al Report attd Legislation.

r. Report by His Majesty's Government in the United Kingdom of Great Britain and Northern Ireland to the Council of the League of Nations on the Administration of the Cameroons under British Mandate for the Year 1932.

2. Supplement to the Laws of Nigeria 1932. 3· Orders and Orders in Council 17, 18,3 19-23 of 1932, 1-21, 29-33 of I933· 4· Ordinances 1-34 of 1933. 5· Rules of Court (the Supreme Court Ordinances) of 1932, 1-3 of I933· 6. Regulations 13 and 14,3 15-31 of 1932, 1-21, 24-37 of 1933. 7· Rules 5,3 6-r o of 1932, r-ro of 1933. 8. Bye-laws No.4 of 1932, I and 2 of 1933. . 9· Table of Amendments which should be made in the 1932 Supplement m consequence

of Legislation published between J anuary 1932 and March 1933 (included). ro. Resolution and Order, I of I933·

Various 0/ficial Publications.

Nigeria Official Gazette. 3

' Documents received by the Secretariat primarily for any of the technical organ!sations (e.g •. Adviso~y Cor~mittee 00 ~ra ffic in Opium and Other Dangerous Drugs) or other sections of the Secretanat (e.g .• Treaty. R~g1strat1on) arc not ~ncludcd in this list. Unless otherwise indicated, the members of the Permanent ~Iandates CommiSSIOn shonld have rece•ved copies of all the documents mentioned in this list. . . , b The annual reports and copies of laws, etc., arc available only in the language 10 wh1ch they have been published Y the mandatory Powers. . . .

ct Tbc communications forwarded in reply to the observations of the. Perm~nent Man~a.tes CommiSSIOn and ~erlam her documents have been t rans lated by the Secretariat and are ava1lable m bo.th off1C1allanguages. The htlcs of

these documents are followed by the off icia l number under which they have been Circula ted . . ~ The petit ions forwa rded by the mandatory Powers. together with their observation~ o_n tl~ose petitions a nd. on the

~hho~ communicated to them by the Chairman of the Permanent Mandates CommiSSIOn 1n acco~dance w1th the ules OJ Procedure in force are not mentioned in the present list. These documents are enumerated 10 the agenda of

the ComDllssion's session. ' ' Kept in the archives of the Secretariat.

- IIO -

D. CAMEROONS UNDER FRENCH MANDATE.

Annual Report and Legislation.

Annual Report addressed by the French Government to the Council of the League of Nations on the Administration under Mandate of the Cameroons Territory for the Year I932 (Legislation annexed hereto).

Various Olficial Publications.

I. 2.

3·

4·

5· 6. 7·

Special Budget and Annexed Budgets of the Cameroons (Financial Year I933) . Budget of Large-scale Works and Sanitary Expenditure from Loan Funds in the

Cameroons (Financial Year I933). Closed Account of the Special Budget and Annexed Budgets of the Cameroons

(Financial Year I 933). Rectifications to the Closed Account of the Special Budget and Annexed Budgets

of the Cameroons (Financial Year I930). Official Journal of the Cameroons Territory under French Mandate.1

Map of the Cameroons, Scale I : 2,ooo,ooo, I933· Map of the Cameroons Territory, Means of Communication, Scale r : I,5oo,ooo, 1933-

E. RUANDA-URUNDI.

Annual Report and L egislation.

Report submitted by the Belgian Government to the Council of the League of Nations on the Administration of Ruanda-Urundi during I932 (Legislation annexed hereto) .

F. TOGOLAND UNDER BRITISH MANDATE.

Annual Report and Legislation.

I. Report by His Majesty's Government in the United Kingdom of Great Britain and Northern Ireland to the Council of the League of Nations on the Administration of Togoland under British Mandate for the Year I932.

2. Ordinances of the Gold Coast, Ashanti, Northern Territories and Togoland under British Mandate, I932.

Various Olficial Publications.

Gold Coast Olficial Gazette.1

G. TOGOLAND UNDER FRENCH MANDATE.

Annual Report and Legislation.

Annual Report addressed by the French Government to the Council of the League of Nations on the Administration under Mandate of the Territory of Togoland for the Year I932 (Legislation annexed hereto).

Various Olficial Publications.

I . Local Budget and Annexed Budgets of Togolaud, Financial Year I93I. 2. Final Accounts of the Local Budget and Annexed Budgets, Financial Year 1931. 3· Olficial journal of the Territory of Togoland under French Mandate. 1

H. ISLANDS UNDER J APANESE MANDATE.

Annual Report and Legislation.

Annual Report to the League of Nations on the Administration of the South Sea Islands under Japanese Mandate for the Year I932 (Legislation annexed).

Various Documentation.

Numbers, dated May I7th, June 9th, I6th and 17th, I933, from the newspaper ]apa~ Advertiser, of Tokio, transmitted on November roth, I933, by the Accredlt~

1 Representative to the Twenty-fourth Session of the Commission of the Imper:~ Japanese Government and mentioned by him during the Meeting of October 3h' I933·12

' Kept in the archives of the Secretaria t. • See Minutes, page 75·

-III-

I. SAMOA ( WESTERN).

Anmtal Report and Legislation.

1. Thirteenth Report of the Government of New Zealand on the Administration of the Mandated Territory of Western Samoa for the Year ended March 31st 1933

2. The Stamp Duty Ordinance, 1932, No. r, 1932. ' · 3- The General Laws (No.2) Ordinance, 1932, No.2, 1932. 4· The Building Alignment Ordinance, 1932, No. 3, 1932. 5· The Port Control Ordinance, 1932, No. 4, 1932. 6. The Samoa Standard Time Ordinance, 1933, No. I, 1933. 7· The General Laws (No. 3) Ordinance, 1933, No.2, 1933. 8. The Labour Ordinance, 1933, No. 3, 1933. 9· Samoa Legislative Council (Elective Membership) Amendment Order, 1932.

ro. The New Zealand Reparation Estates Amendment Order, 1932. II. Samoa Importation and Exportation of Coinage Order, 1932. 12. The Samoa Treasury Regulations Amendment Order, 1933. 13. Samoa Post and Telegraph Amendment Order, 1933.

Various OlficiaJ Publications.

r. Minutes of the Legisl~tive Council Debates, Meetings of September 8th and 13th, 1932, March 23rd, Apnl nth, 1933.

2. Trade, Commerce and Shipping Report of Western Samoa for the Calendar Year 1932. 3· The Western Samoa Gazette.1

ANNEX2. C.P.M.I444(I).

AGE:\!DA OF THE TWENTY-FOURTH SESSION OF THE PERMANENT MANDATES COMMISSION.

1. Opening of the Session. II. Examination of the Annual Repor ts of the Mandatory Powers:

Iraq, J anuary-October 1932. Syria and the Lebanon, 1932.2

Cameroons under French Mandate, 1932. Cameroons under British Mandate, 1932. Togoland under French Mandate, 1932. Togoland under British Mandate, 1932. Ruanda-Urundi, 1932. Samoa (Western), 1932-33. Islands under J apanese Mandate, 1932.

III . Petitions.

A. Petitions rejected as not deserving the Commission's Attention. Reports by the Chairman {documents C.P.l\'1.1457 and 1457(a)).

B. Pet itions to be examined: r. Palestine.

Petition, dated May 25th, 1933, from M. Auni Abdul Hadi, Secretary-General of the Arab Independence Party, J erusalem, communicating a Memorandum dated J anuary 8th, 1933, forwarded on J uly 14th, 1933, by the United Kingdom Government with. its Observations (document C. P.:\I.r434).3

2.

(Rapporteur : M. Palacios.)

Syria and the Lebanon. (a) Petition, dated May 2oth, 1933. from the " Association syrienne de

Toulouse " (document C.P.M.r399). Observations of the French Government , dated October 26th,

1933 (document C.P.M.r462). (Rapporteur : Count de Penha Garcia.)

(b) Petition, dated J uly 31st, 1933. from the " Association syrienne de Toulouse" (document C.P.M.1440). Observations of the French Government , dated October 26th,

1933 (document C.P.M.q62). --- (Rapporteur : Count de Penha Garcia.)

: Kept in the archh ·es of the Secretariat . ; Continuation of the exa mina tion which took place at t he twenty-third sess~on . . . .

:\J.i The exa mination o f this petition has been postponed to the twenty-fifth sess1on of the CommiSSIOn . nutes, page Ios).

(see

{c)

(d)

(e)

- II2 -

Twenty-two Petitions (in Five Sets), forwarded on J une I 6th, 193 by the French Government (document C.P.M.1401). 3. (Rapporteur : M. Rappard.)

Six Petitions, dated Ja~uary 30th and. 31st and February 3rd aud 5th, 1933, from I nhabitants of Latakia, Horns, Hama and Alepp~, forwarded on J une 19th, 1933, by the French Gc.,·emmen.' with its Observations (document C.P.M.1406). · (Rappor teur: M. Orts .)

Petition, dated June 28th, 1933, from t he P residein of tlte " Association des etudiants arabes de Geneve " {document C.P .M.1441). Observations of the French Government, dated October 23rd,

1933 {document C.P.M.1458). (Rappor teur: M. Rappard.)

(f) Petition , comprising a Letter, dated February nth, 1933, and Six Annexes, from M. Sami Sleem, forwarded on October 17th, 1933 by the French Government, with its Observations {document C.P.M.1450) . (Rapporteur: Count de Penha Garcia.)

(g) Petition, undated, from Mme. Amine el Halabi, forwarded on October r8th, 1933, by the French Government , with its Ob<er· vations {dccument C.P.M.1452). (Rapporteur: M. Palacios.)

(h) Petition, dated May 14th, 1933, from M. Mahmoud Wehbe, Editor of the Newspaper " El Ittihad ", forwarded on October r 8th, 1933, by the French Government, wi th its Observations (document C.P.M.1453). (Rapporteur : Count de Penha Garcia.)

(i) Petition, dated September 1st, 1933, from Mme. Hasiba Mahomet el Mousri, forwarded on October 19th, 1933, by the French Govern· ment, with its Observations {document C.P.M.qss). (Rapporteur: M. Palacios.)

3· Cameroons under F rench Mandate. Petition, dated August IIth , 1929, from Ngaka Akwa, Theodore Lobe

Bell and other Duala Chiefs, and Petition, dated September 5th. 1930, signed by M. Manga Bell, both transmitted on J une sth, I9JI, by the F rench Government, with its Observations (document C.P.M. II86). (Rapporteur : M. Rappard.)

4· Togoland under French Mandate. (a) Petitions, dated February sth and 13th, 1933, from :M. Sosuvi,

Denu, Gold Coast (document C.P.M.r385). Observations of the French Government, dated J uly rot h, 1933

(document C.P.M.1433). (Rapporteur: M. Orts.)

( b) Petition, dated August 15th, 1933, from the " Bund der Deutsch Togolander ", transmitted on October nth, 1933, by the Fre:1ch Government , with its Observations (document C.P.i\1.1445)· (Rapporteur : M. Orts.)

5· Togoland under British Mandate. Petition, dated April 4th, 1933, from the Chief and l nhabitant" ot

Woame, Togoland under French Mandate (document C.P.M.r3SW (Rapporteur : M. Palacios.)

6. Islands under Japane!:e Mandate. (i) Petition, dated September 3rd, 1931, from M. Kashichiro Masakiyo.

acting for M. Wan Cablera, forwarded on November gth, I931• by the J apanese Government, with its Observations (document C.P.M.1271).

(ii) Supplementary Petition, dated April 28th, 1932, forwarcl_ed ?0

September sth, 1932, by the J apanese Government, With tb Observations (document C.P.M.1297). (Rapporteur: M. Van Rees.)

7· South West Africa. . (a) Petitions, dated March zgth and April sth, 1933. from (erta~

Members of the Rehoboth Community, forwarded on August I91 '

' The exa mination o f this petition has been post poned t o t he twenty-fi fth session o f the Commission ~ Minutes, page 104).

- 11 3 -

1933, by the Government of the Union of South Africa with its Observations (document C.P.M.1436).1 ' •

(Rapporteur: Mlle. Dannevig.)

( b} Peti.tions, dated March 5th and June 8th, 1933, from ~lr. \\" . Etchhoff, forwarded on May 19_th and J uly 15th,_ 1933, respect ively, by ~he Government of the Umon of South Afnca, wi th its Obser­vatiOns (documents C.P.M.1437 and 1438). (Rapporteur : Lord Lugard.)

(c) Petition, dated April 24th, 1933, from i\1. A. Bergmann, forwarded on July 18th , 1933, by the Government of the Union of South Africa, with its Observations (document C.P.M.1435). (R apporteur : Lord Lugard.)

ANNEX3. C.P.M.1457(1) and 1457 (a).

PETITIONS REJECTED UNDE R ARTICLE 3 OF THE RULES OF PROCEDURE IN REGARD TO PETITIONS.

REPORT BY THE CHAIRMAN .

In conformity with Article 3 of t he Rules of Procedure, I have the honour to submit the following report on the petitions which have been received since our last ordinarv session and which, in my opinion, cannot be considered by the Commission. ·

I. PALESTINE.

a) 1. Petition, dated fut~e 27th, 1933, from M. Sigmund Kalish. 2. Petition, dated October 3rd, 1933, from the Central Bureau of the Agudath I srael, Zurich. J. Petition, dated October 18th, 1933, from the President of the " Central Bttrea1t of the

Autonomous Orthodox Israelite Confession in Hungary".

Subfect.- Recognition of the Orthodox J ews in Palestine as a separate religious community, a question dealt with in several petitions which have been or will be examined by the Commission.

These petitions contain no new information of importance.

(b) Petitio" , dated August 17th, 1933, from M. Suleman Cassmn Hafi Mitha.

Sub,ject.-Transmission of the text of resolutions adopted at a meeting of Moslems held at Bombay on August 15th, 1933·

Some of the protests contained in this document are incompatible with the Palestine mandate. It also contains allegations which are lacking in precision. Lastly, one of the resolutions calls for the enactment of a" Land Alienat ion Act to prevent poor Palestinian Arab Muslims and Christians alienating a~cestral lands to the J ews "; this is a problem which t he mandat~ry_ P~we1: '.s a~ present studying and to which the Permanent Mandates CommissiO_D IS g1vmg 1ts at_ten­tion in connection with the examination of petitions concernmg the same subJect.

II . SYRI A AND THE L EBANON.

{a) Petition , dated September 9th, 1933, from the President of the Alaouite Society of Rio de Janeiro.

St~bfect.-Religious propaganda among the Alaouit~s . . . This petition only contains gener"!-1 protests and prov_1~es no new _mformatlon

on the quest ion, which was the subJect of several petitions exammed by the Commission a t its twenty-third session.

(b) Petition, dated August roth, 1933, from M. Tarraff K yock a11d M.F.A. Massoud.

--- This communication contains complain~s incompati?le wi~~ the mandate for Syria and the Lebanon and makes allegatiOns lackmg m prec1s1on.

~li 1 The examination of these petitions has been postponed to thet weotr·fihh session vf the Commission (see

nute.>, page 70). b

(c ) Petitions, dated July gth, A~tgust 21st, September gth and 20th and October 7th and 28th 1933, from M. Louis Ghaleb. ·

The author of these communications, who is of Lebanese origin, asks to be compensated for damage, as he alleges, he suffered in Serbia during the war. In substance he only repeats, without adducing any im:rortant ne~ facts, the claim~ which he has previously addressed to the League of Natwns and w1th regard to which the Mandates Commission declared at its thirteenth session that it had no competence.

ANNEX 4. C.P.M.1448.

PROCEDURE IN THE MATTER OF PETITIONS.

NOTE BY THE CHAIRMAN.

At our last meeting, two of my colleagues, rightly concerned at the increasing proport ion of trivial petitions upon which the Commission is called upon to pronounce, put forward certain proposals with a view to remedying this situation.

A consideration of their suggestions has led me to the conclusion that they come under two distinct heads.

A.

If I have understood rightly, there is first a suggestion for the rejection without further consideration (in limine), by the Chairman of t he Commission, of petitions transmitted by the mandatory Powers which must be deemed non-receivable.1

Under the terms of the rules now in force, the Chairman is empowered to examine petitions received from a source other than that of the inhabitants of the mandated territories and to decide which , if any- " by reason of the nature of their contents or the authority or disinterestedness of their authors-should be regarded as claiming attention and which should be regarded as obviously trivial ". I n virtue of that provision of the procedure, the Secretariat submits to me regularly petitions which it receives from sources outside the mandated territories, and I decide, in each individual case, whether or not it is necessary to transmit the petition for observations to the mandatory Power concerned. At each of its sessions, the Commission takes note of the report that I present to it on the petitions with regard to which I have not thought it necessary to take such action.

The procedure does not provide for this preliminary examination by the Chairman for those petitions which are received from inhabitants of the mandated territories and which are in consequence transmitted by the mandatory Powers with their observations.

To extend to this category of petitions the sorting-out which devolves upon the Chairman for petitions received from sources outside the mandated territories would be equivalen t to amending the Rules of P rocedure sanctioned by t he Council on January 31st, 1923. If that were the intention of the Commission , it would be necessary for the latter to submit to the Council a formal draft amendment to the Council resolution.

I suggest that, before contemplating any amendment properly speaking of the Rules of Procedure of t he Commission, it might be preferable to seek, at all events by way of experiment, a solution which would fall within the framework of those rules.

It may not be superfluous to point out that a mandatory Power a lways possesses the rjght of contesting the receivability of a petition which it is transmitting to the Commission. " 'hen that is the case, it devolves upon the Commission to pronounce on such an excepti? aft:r considering the arguments submitted by the mandatory Power. Cases coming withm tbi5 category must then always be examined by the Commission itself and form the subject of formal conclusions.

As regards petitions of the same character transmitted by the mandatory Powers without objection as to their receivability, I t hink that the following procedure might be contemplated, at all events by way of experiment : any member of the Commission appointed as Rapporteur on a petition who might find that there was reason to decide on its non-receivability \"o~Ild simply propose that it be rejected without fur ther examination (in limine). If the Comnusswn accepted this negative point of view of the Rapporteur, the petition in question .would b~ mentioned in a list which would appear as an annex to the Minutes of the session, as IS ah·ead) the case for petitions received from sources outside the mandated territories which have be~~ rejected by the Chairman. The mandatory Powers and the petitioners concerned wou naturally be informed by the Secretariat.

B.

The second suggestion put forward during the last session refers to the interpretat i?~ of the rule embodied in paragraph 5 of the Rules of Procedure. 2 Under the terms of that provision. it is for the Commission to distinguish between those pet itions received with comments from

• See )'linutes of the t wenty-third session. page 76. • See Minutes of the twenty-thi rd session, page 131.

- II5-

the mandatory Powers which can be communicate~ to th~ Council and the ~Iembers of the Jtague, and t he others. It was propos~d _by, ou: Vtce-Chatrman, if I remember rightl \' , that f Uer use should be made of the Commission s n ght not to communicate certain petitions t 1~e Council and th~ Members of_ the League. - 0

This r_ule has h1t~erto ?een mteq~reted to mean tha~ ~he Commission shall, in ib report to the Counctl, commumcate Its conclusions ~m all the petitions that it has examined, specifyiH'' -0 each instance whether or not the case IS one on which action should be taken ° 1

A large propor tion of the petitions examined during the last few years hav~ formed the iubject of co~clusions to th~ e~fect t~at no action was called for .

In my view,_ t~e Commission mt!?h.t _con~emplate, as an experiment, without in any way amen~i~g the eXI~tmg proce~ure, a d tvtston mto two gro~ps of the part of its report devoted 10 petitiOns that It h~s ~xammed. One of ~hese groups _mtght be devoted to petitions concern­in" which the Commission adopts conclusions embodymg a recommendat ion to the Council 10°1he manda_tory P ower con~erned, or to th~ petition_ers themselves. The second group would ,imply contam an enumeration ?f the_ petitions which , after examination, the Commission considers do not c~ll for any spec tal action and which, in consequence, do not" form the subject of a recommendation to the Council.

• • * In sub~itting the foregoing statement,_ I do not claim to have exhausted the subject.

~y sole obJect ~as been to attempt to defme a problem t~e study of which might, if my colleagues so des1re, be entrusted to a Rapporteur or to a special sub-committee.

ANNEX 5. C. P. J\1 .1474·

SYRIA AND THE LEBANON.

PETITIONS, DATED RESP ECTIVELY MAY 20TH AND J ULY 31ST, 1933, FROM THE "ASSOCI ATION SYRIENNE DE TOULOUSE".

R EPORT BY COUNT DE P ENHA GARCIA.

The "Association syrienne de Toulouse " lodged with the Chairman of the .Mandates Commission two petitions, dated respectively May 2oth and July 31st, I933·

According to our rules, these petitions were transmitted to the mandatory Power, which sent its observations on them, by letter dated October 26th. I had occasion to ask the representative of the mandatory Power for certain information on t he facts in question at our meeting of October 27th.

The facts of which the petitioners complained were supposed to prove that the Syrians have no freedom to express their opinion when the latter is contrary to the High Commi~sioner's policy. The Press laws and the decrees regarding the right of assembly or of mamfestation are, according to the petit ioners, stifling all liberty. .

T~e _petitioners add that persons expressing views contrary to the policy of_ the Htgh CommtssiOner are subject to persecution and in that connection they cite two cases m support of their statement. '

In its reply, the Government of the mandatory Power observes that the Press laws _consist of .t~e decrees issued by the High Commissioner or by t he local governm~nts, wh1~h are legtt~mate authorit ies, and that the same may be said of the decrees regulatmg the ngh~ of mam~e~t~tion or of assembly. The object of these decrees is to l?revent abuses of the n ght of cnttctsm and acts or demonstrations liable t o disturb public order. Tb~ ~ewspapers >uspended were five in number-namely, El Kabaas, El A yam, El Ittihad, ~l D1es~rat an~ El Sayar . . The mandatory P ower affirms t hat it was within it_s _right in applymg the law,_ Slllce the articles published came within the scope of the provt_swns allow~ng_ the suspenston of newspapers which publish articles calculated to disturb pubhc order, to mctte t o non-payment ~taxes, or to give rise to serious incident s. The editors of t he papers in question had been E~rned before the penalty of suspension was applied. Two of the pape~s. ~~ Kabaas and ~yam, have a lready been authorised to reappear. As regards the two tndtvtdual cases of

~dtne Hamade and Dr. Rach id Maa.touk, the representative of the mandatory Po~er _served that there had been 110 abuse of a uthority , and that Dr. Maatouk could have avatled

htmself of the administrative remedies. . . . . .

0 T_o_sum up, the two petitions represent an existing.situation, the ongm of wh1ch l_tes 10 ~he

P~~thon to the actual princ iple of the mandate whtch has often been expressed 10 Synan ~httons and which the mandatory Power is endeavouring to allay. ~rom the legal pomt of \tew, there is no reason for taking action upon the petitions. I n these Circumstances. I propose to the Co · · mrntsston the following resolution : . . .

"The Commission , having examined the petitions of the ' Ass?c1ahon syn enne. de Toulouse' and the mandatory Power's observations, does not consider that any action should be taken on these petitions."

- rr6-

ANNEX 6. C.P.M.r476(r}.

SYRIA AND THE LEBANON.

TWENTY-TWO PETITIONS, IN FIVE SERIES, RELATING TO THE FUTt;RF.. DEVELOPMENT OF THE MANDATE FOR SYRI A.

REPORT BY M. RAPPARD.

I . Preliminary Considerations.

My _colleagues will r~~ember that_, at the t~enty-second se~sion of ~he l\Iandate~ CommlSSlOn, w~ ~ad th~ pnv1lege of heanng M. Henn Ponsot, th~n H~gh Comm1ssioner of the French Repubhc 1n Syna and the Lebanon, state t he bases on wh1ch his Government prcpo-ed to found it s future work in Syria. 1 ~

In his preliminary statement M. Ponsot defined as follows the twofold task which he proposed to take up on his forthcoming return to Damascus :

" To define immediately the situation as it will be when the mandate comes to ar. end and also to map out the programme and stages of the evolution of existing inslitutio1;

in the various spheres in which active and cordial collaboration between the Syrian Government and the mandatory Power is still necessary to fulfil both at home and abroad the requisite condition~ fo~ the admission_of Syria as a Member of the League, taking into account the general prmc1ples already la1d down by the League for the termination of a mandatory regime." 2

When M. P onsot's statement and the exchange of views to which it gave rise in the Mandates Commission were known in Syria, t hrough the publicat ion of our Minutes at the beginning of 1933, they appear to have aroused strong currents of opinion showing marked divergencies in the terri tories under French mandate in the Levant .

The petitions drawn up in the spring of 1933, on which I have been asked to submit a report, contain an echo of these anxieties.

They are of two characters, which clearly distinguish them from most of the petitions the Commission is usually called upon to consider. On the one hand, they do not voice the dissatisfaction aroused by a particular act of the mandatory Power or one of its agents, but they lay before us various desires and complaints in regard to its general policy. On the other hand, and in particular, they do not refer to past acts, but to the presumed intentions of the mandatory P ower as regards the future.

This second characteristic of the petitions in question at once raises the problem of their receivability. Are they really petitions which the Commission is empowered and bound to consider with a view to making a recommendation to the Council of the League?

In order that we may be clear as to the answer to be given to this preliminary question , I will first remind you of two texts.

Under Article 22, paragraph 9, of the Covenant, our Commission is constituted "to advise the Council on all matters relating to the observance of the mandates ".

Further, according to the "Summary of the procedure to be followed in the matter of peti tions concerning mandated territories ", " the Permanent Mandates Commission has. with the approval of the Council, given an interpretat ion of the word 'petition', which make; it possible to include memorials and similar memoranda of every kind concerning the administration of the mandated territories " .

These texts, it is true, do not seem to provide any decisive answer to the quest ion whether the petitions under consideratior• are receivable. Is this a matter of t he " observarce of the mandates " or of the " administration of the mandated territories " ? It certainly does not refer to observance or administration in t he past, since we are asked t o give an opinion oniy on hopes or fears regarding the future. Nevertheless, not only do the texts I have just quoted not expressly limit our competence to the examination of past facts, but it may, I think, bt maintained that a public statement by a representative of a mandatory P ower regarding 1he policy of that Power constitutes in itself a manifestat ion of administrative activity.

To begin with, therefore, I conclude on this point that there is no legal objection to the consideration of the petitions in question. . ,

Further, I think there is one important circumstance which calls for our consideratwn o~ the petitions. The mandatory Power, through its High Commissioner, was good e 1_10U~ last year to explain to us the problem of the future evolution of the French mandate Ill the Levant and to show us in what spirit it proposed to solve that problem. Moreover, when the petitions in question were lodged with it, the French Government was good enou~h 1

.:

communicate them to us on J une r6th, 1933, by a letter, the second paragraph of whJch 1' worded as follows:

" As the petitions in questio11 refer, not to past facts, but to the presumed_ int7mi~n; of the mandatory Power regarding the development of the policy of emancipatiOn or

' See il linutcs of the twcnty-scc0 nd sessi ) fl , pages !59 et seq. • See :'.finutes oi the twenty-second session. p:•ge 263.

- IIJ -

Syria, I did not .feel bound, in transmitting them to the Commission , to submit to it a special o~servatl?ns upon .them. T~es~ observations will be constituted by the gene~!J explanatw~s '~h1ch the H1gh Commissioner of the mandatory Power in Syria and the Lebanon w11l g1ve t he Permanent Mandates Commission in due course."

Lastly, on September I4~h, 1933, the French Government, when info rming the Secretary­General of the .League that, m the absence of M. Ponsot, who has been appoin ted to another post, ~f. ~e ,Cal~ would rep~ese~t France, expr~ssly .stat~d that ~I. de Ca.ix " would be at the Commtsston .s . d1sposal to g~ve 1t .any expl~mat10ns tt m1ght des1re, particularly in regard to political petlti?ns, .the c~ns1~erat10n of .wh1ch had, at ~he French Government's request, been adjourned u.ntll. this sessiOn . . Accordm~ly, M. d~ Ca1x, at the present session, has answered 11ithout hes1tat10n the questions put to h1m regarding these petitions.

I conclude from ~1.1 these facts t hat the Commission is not only empowered, but is bound to consider the~~ pet1t10ns. To refuse to do so woul~ be to disappoint the expectations, not only of the. p~tltloners, b_ut of the man~atory Power ttself. It would at the same time mean the renunciatiOn of t~e nght to ?Uake, .•f necessary at the proper moment, critica l recommen­dations ~o the Council on a pohcy wh1ch, when announced to us, had not g iven rise to any reservations on our part.

In vi~w, however, of ~he inten.tions .of the mandatory Power, which so far have only been. outl~ned, and as. the1r .exe~utwn will undoubtedly depend largely on the attitude of the mhab1tants of Syna, wh1ch 1t cannot exactly foresee, we must approach our task with much c~rcumspection. .T~at task is confined, I think, to the consideration of the petitions in the hght of the provisJons of the Covenant and of the manda te, which govern the whole matter.

11. Petitions and Observations of the Mandatory Power.

The petit ions in question are twenty-two in number, and some of them arc signed by sereral hundred petitioners. They have been submitted to us in five series. The first series, cvmprbing seven petitions, emanates from signatories living in the State 0f Syria properly ;o called . and are aU in favour or a policy of unity. The second series, comprising five petitions, emanate:; from Alaouites and Ismalies living in the territory of the Government of Lata kia. The authors of these petitions are hostile to unity and favour the autonomy or even the inde­pendence o f their territory. The third series, comprising four petitions, emanates from Christians in the Governme•lt of Latakia. Two are host;le and two favo urable to unity. Two of the three petitions of the fou~th series come from Sunni Moslems of Latakia and of Jeblt> and favour union with Syria. The third, signed by Ozman Zeidan in the name of Alaouite youth, is dated from Bagnas and expresses contrary ac;pirations. Lastly, the tifth series, comprising three prtitions, shows even lrss homogeneity in the character of its signatories. The fi rst, bearing more tha11 6oo signatures, is dated from Tripoli ; the second, coming from a ~!oslem of Bt>irut, is signed" For the youth of Beirut ",but bears only one signature, which the mandatory Power tells us is that of the owner of a racing stable who has hitherto taken no part in politics. The last, dated from Beirut, bear<; the signatures of some fifty Moslem small traders, a few Druses and a few orthodox Greeks. These three petitions are in favour of unity.

In short, and without analysing them now or adverting to the various demar~ds unconnected with the central problem of future policy, all these petitions co~tain the followmg ch.aracteristic : the petitioners from Syria, properly so called, the repre~entat 1ves of the l\!oslem nunority in t he Government o f Latakia and a few other Christian or ~Ioslem elements of Latakia and Beirut are in favour of unity with or without explicit men t ion of decentralisati?n. The Alaouites of the Government of Latakia and the Christians and Isrnalies o f the same reg1on are hostile to the policy of unity and in favour of autonomy or independence with or without the collaboration of France.

~he mandatory Power, through the statements made by ~. de Caix, whic~ ~ake the place of wntten observations, has not tried to define its attitude towards these petitiOns. On .the ~ontrary, it has been careful to reserve its fi nal decision and to allow the greatest posstble latitude to the High Commissioner who is carrying on in Syria t he negotiations with ~he representatives of the population. It has, however, shown itself mor.e favourable to<: pohcy ~f autonomy than to a policy of unity by emphasising the nec~s~1ty .of saf~guardwg the mt~re?ts ?f the minority in the Government of Latakia and .of avo1dmg, 10 the mterest of the ma)onty m Syria properly so called, too complete a fusion wtth the J ebel-Druse.

III. Conclusions.

i In ~rder to form an opinion on the petitions, the Commissi?n ought ?!early to consider them n the light of the mandate for Syria and the Lebanon, wh1ch constitutes the fundamental

charter of the French mandate in the Levant . · Must it also take into account the Organic Law of Syria and the Lebanon wh1ch was

~~municated to it in 1930? I do not think so. That ?~ganic law r~presents an act o f the .a.'ldatory Power carried out in execut ion of the provtswns of Arttcle r of the mandate.

;either the Commission nor the Council have ever felt authorised to analyse it.. They have ~~~ply taken note of it, expressing "the hope that, in the agreeme~ts prepanng the way

the new regime in Syria and t he Lebanon, the mandatory P ower will endeavour to ensure

- II8-

the maintenance of certain rights and interests, the safeguarding of which was speci U entrusted to the Mandatory un til t he termination of the mandate ".1 a Y

I t is true t hat a literal interpretation of Article I of the mandate might suggest a differ view. That article reads as follows : ent

" The Mandatory shall frame, within a period of three years from the coming int force of this mandate, an organic law for Syria and the Lebanon. . . . Pending tho coming into force of the organic law, the Government of Syria and the Lebanon shall be conducted in accordance with the spirit of this mandate. " e

The view might thus be taken that the authors of the mandate contemplated the substitution of the organic law for it three years after its application. If such were the anticipat ions of the authors of the m.andate, it must be r~alised that they have been belied by subsequent developments. In the first place, the orgamc statute was not brought into force three years after t he coming into force of the mandate . It was not until I930, eight year' after the coming into force of the mandate, that the Constitutions of the Lebanese and Syria~ Republics and the other four texts which together constitute the organic law were promulgated. And , secondly, in the view of the mandatory Power itself, these texts were in no way intended as substitutes for the mandate, nor had they that effect. As proof, we need only point to the following provision of Article 90 of the Constitution of the Lebanese Republic promulgated on May 23rd, rg26 :

" The powers established by the present Constitution shall be exercised subject to the rights and obligations of the mandatory Power as they result from Article 22 of the Covenant of the League of Nations and from the mandate."

The same provision is contained word for word in Article 3, paragraph I , of the Decree of the High Commissioner of the French Republic issued on May 14th, 1930, promulgating the Constitution of the State of Syria.

The Commission's task, as I conceive it in this matter, is simply to define the limits laid down in the mandate within which the mandatory Power has full freedom to organise the territories entrusted to its administration. All the wishes of the petitioners contrary to the provisions of the mandate must be set aside. The mandatory Power is free to satisfy any that are in accordance with the mandate.

The authority of the mandatory Power in the l evant extends to Syria and the Lebanon. The frontiers separating these two countries from their neighbours have been fixed by internat ional conventions. This is not the case with the frontiers separating these territorie; from each other. All that may be affirmed in accordance with the Covenant and the mandate is that, within the region entrusted to the mandate of France in the Levant, all that is not Syria is the Lebanon, and all that is not the Lebanon is Syria.

Consequently, to ask for independence for a territory which is neither Syria nor the Lebanon, as do certain petitioners in the Government of Latakia, is to express a wish contr~ry to the mandate, if by independence the petitioners mean the breaking of all connection mth Syria or the Lebanon.

Contrary to the mandate, too, would be the demand for the fusion of the Lebanon and Syria, since, according to Article I of the mandate, the mandat ory Power must " enact measur~.' to facilitate the progressive development of Syria and the Lebanon as independent St.ate~ ·

Moreover, the mandate does not exclude-indeed, it actually calls for-the con~utut10n of autonomous red"ns within the two mandated territories. The efforts of the mandatory Power to establish local autonomy therefore seem fully in accordance, not only with Article I o~ the mandate, in which the Mandatory is asked to "encourage local autonomy as far a, circumstances permit ", but also with the protection of minorities, which it has to ensure unMr Article 8 of the mandate. The wishes of the pet itioners, in so far as they relate to the e;ta· blishment in Syria of a unitary State, thus seem as much contrary to the mandate as those: t heir opponents who would like independence to be granted to a territory which would neither Syria nor t he Lebanon.

The mandate, indeed, does not seem to exclude the possibility of the various parts of th~ t wo mandated territories being gradually emancipated from the guardianship of the Mandato~ at different rates according to the varying degrees of their political maturity. All that t .e mandate seems to provide is that , as and when Syria and the Lebanon eventually ~tt~·~ complete political independence, both territories in doing so will enjoy complete terntona integrity.

The Commission has every reason to take the view that these wishes are in accorda~c~ wi th those of the mandatory P ower. Indeed, in the actual statement in which M. Pon~oe explained to the Commission last year the motives which had led him to grant a wide meas~r of autonomy to Latakia, to the J ebel-Druse and to the Sanjak of Alexandret~a, he ;.a•

1;

" Abroad, the Alaouites and Druses are described on their passports as ' Syna~ s~ ld\~ nationals of the Government of Latakia or the Government of the Jebel-Druse ' · ·· dn tta added , in reply to a question by the Chairman regarding the Sanjak of Alexa~ re, .. ; " Alexandretta is simply a Syrian province which enjoys a • special admin istrative regune ·

JO' I ' Sec .\Iioutes of t he sixty·fourth session of the Council (Sept ember 193 1). Oflicial journal, ;\ove!ll~~ssrc~

page H 79 (Repor t of the Permanent .\la ndates Commission t o t he Council on the Work of its Twentieth See <~ lso pa~:e 2047, fifth p:tragra ph.

• Sec .\l inutcs o f t he twenty-second session . page l 6 4.

- II9 -

If roy colleagues sha~e the views ~ have just had the h~nour to submit to them, they might ,ignify this fact by adoptmg a resolution such as the followmg: ..

"The Commission,

". Ha.ving taken co.gni~ance of the petitions in five series regarding t he general organisatiOn of the terntones of the levant under French mandate transmitted by t he French Government in its letter of J une r6th, 1933;

" Having heard, on the subject of these petitions, the accredited repre~entative of the mandatory Power at the present session, and bearing in mind the statements made bv the High Commissioner for Syria and the Lebanon at its twenty-second session : '

"Considers that the petitioners' wishes for the creation in Syria of a unitary State as well as their wish that full independence should be granted to any part of the territory under mandate other than Syria or the Lebanon are contrary to the fundamental charter of the mandate ;

" Wi.s~es the ma':da~ory Power all su~cess in the difficult task in which it is engaged of reconc1hng the asp1rat1ons towards full mdependence of the populations placed under its tutelage with the guaranteeing of the rights and interests of the minorities among these populations."

ANNEX 7. C.P.M.r48o(r).

SYRIA AND THE LEBANO~.

SIX PETITIONS, DATED J ANUARY 30TH AND 31ST AND FEBRUARY 3RD AND 5TH, 1933, FROM INHABITANTS OF LATAKIA, HOl\IS, HA)IA AXD ALEPPO.

REPORT BY M. 0RTS.

On January 29th, 1933. the last day of the Feast of Bairam, a serious disturbance occurred at Latakia, when the Sunnite majority of the population came to blows with the Alaouites, both civilians and soldiers.

This even t gave rise to six pet itions addressed to the League of Nations through the French High Commissioner in Syria and the Lebanon :

(r) From Alaouites of Latakia, dated J anuary 30th , 1933; (2) From Alaouite merchants of Latakia, dated J anuary 31st, 1933; (3) From religious leaders of Latakia, dated J anuary 31st, 1933 ; (4) From a group of inhabitants of H orns, dated February 3rd, 1933 ; (5) From a group of inhabitants of H ama, dated February 3rd, 1933 ; (6) From a group of inhabitants of Aleppo, dated February sth, 1933.

These petit ions were forwarded to t he Secretary-General of the League with a letter from the French Government, dated June 19th, 1933, containing its observations upon them.

* * * The first three petitions give the Alaouite version of the events-apparently somewhat

dramatised-and their authors seize the opportunity to express their attachmen~ to the auto­no~ous status now enjoyed by their country and to reject in advance any chang~ m that status which might bring the Alaouites again under the domination of the Sunnites, or, mother words, of Damascus .

. T~e remaining petitions are the Sunnite reply. I n veiled. terms they accuse t~e m~n~atory adm1mstration of plotting against the unity of Syria by takmg advantage of. mmor .1nc1dents to re-awaken antipathies between the different communities that form the Synan nation. .

The observations of t he mandatory Power, supplemented by the st atements of ~ts representative accredited to the Commission, reduce the event to w~at seem to have been 1ts trueyroportions. I n consequence of an unimportant incident at .a fa tr, some of the sp~ct~tors, soldiers of ~laouite race, sudde!llY came to blows w.ith t~e Sunmtes, who fon:n the maJonty of the P?Pylahon of the town of Lat akia. The affray, m wh1ch one person was kllled and twenty­fo~r In)ur~d. caused a panic, which rapidly spread through the whole tow.n and out to t?e neighbounng villages. The citizens gathered at the city gates to repel any ratd by the Alaotllte coun~ry-folk; while th e latter, fearing an attack, organised themselves for defence. Most happily, the opposing parties did not come into collision. . .

Here we have one more instance of the impressionable nature of th1~ population, among \~:hom age-long sectarian or racial antipathies are always smouldering and may break out into \Jolen_t demonstrations at the slightest provocation. . . . . ~~ doubt there is nothing illegitimate, so far as . the mandate. ts ~oncerned~ m t.hc a)p~?tlon of the Alaouite petitioners ; but it seems undesirable to exarmT'e m connection wtth jletlhons a question of general policy affecting the future deYelopment of t he mandate.

- J2() -

As for the suspicions cast on the mandatory administration in the petitions from the oth party, they are so absurd that we need not waste time upon them. er

If the Commission shares this view, I propose that the following conclusions be submitted to the Council :

" The Commission,

" Having examined the petitions relating to t he incident which occurred at Lataki on J anuary 29th, 1933, and having taken cognisance of the mandatory Power's obser~ vattons thereon ;

" Does not consider that these petitions call for any special action on the part ofthe Council."

ANNEX 8. C.P.M.1472.

SYRIA AND THE LEBANON.

PETITION, DATED J UNE 28TH, 1933. FROM THE " ASSOCIATION DES ETUDIANTS ARABES DE GENtVE ".

REPORT BY M. RAPPARD.

On June 28th, 1933. the " Association des etudiants arabes de Geneve " sent to the Mandates Commission a petition regarding certain aspects of the mandatory Power's admini;· tration of Syria.

The second of the three complaints made by the petitioners was submitted on the ingtructions of the Chairman of the Mandates Commission to the mandatory Power ; the latter communicated its observations to the Commission on October 25th, 1933·

The petitioners complain that " t he mandatory Power is using the Customs revenue for the amortisation of the Ottoman debt ". They state that " the Syrian people urges the mandatory State to restore its regal privileges and desires to settle these debts itself in the same manner as they have been settled by the Ottoman State (Turkish Republic) ·".

The mandatory Power had no difficulty in proving that the method it has adopted for the amortisation of the portion of the Ottoman debt assigned to the mandated territory is to the latter's best interest. So long as Syria and the Lebanon are placed under the mandate of France, it is obviously the latter's duty to see that the international obligations of thw territories are complied with. Moreover, in effecting the amortisation in advance and under particularly favourable conditions of the portion of the Ottoman public debt which t.he territory is called upon to cover, the mandatory Power has carried out an operation whtch cer tainly redounds to its credit.

If my colleagues share this view, they might signify their approval by adopting a resolution such as the following :

" The Commission , " Having taken cognisance of the complaints contained in the second point of the

petition, dated June 28th, 1933. from the 'Association des etudiants arabes de GeneYe · and in view of the observations which the mandatory Power has been good enough to communicate to it on the subject :

" Regards the petition of the ' Association des etudiants arabes de Genhe · a, unfounded.'.

C.P.M.I471(I). ANNEX 9.

SYRIA AND THE LEBANON.

PETITION, DATED FEBRUARY IITH, 1933. fROM M. SAMI SLEEM.

REPORT BY COUNT DE PENI-IA GARCIA.

The first document sent by the petitioner was a telegram addressed to the ~eague Secretariat on J anuary 5th last. The signatory, who was imprisoned in the Sables pnson at Beirut, begged for the League's intervention. .

Ou J anuary gth, he wrote a letter from prison to the Chairman of the .Mandate! Commis ion, in which, after making certain criticisms of the administrat ion of the Govern~en~ of the mandatory Power in Syria, he complained of having been imprisoned and sentence t a fine of five Syrian pounds.

- I2I-

Having .appealed t? .the ~ompetent coll!t, he. behaved in such a way as t o incur a fur ther penalty of f1fteen days 1mpnsonme~t for msultmg t~e magist rates. The mandatory Power notes that t he court was very lement and, t o av01d applying the full rigo ur of the law, mitigating circumsta~ces were allowed. . .

In accordance w1th our procedure, the pehtton should be decla red inadmissible, as the decision was ~orrectly rendered by a legally. c~nstituted court.

I accordmgly prop ose that the CommJsswn should adept the following resnlution :

" The Commission , having considered the petit ion from l\I. Sami Sleem contained in his telegram of Ja~ uary sth, ~933. and his letter of J anuary 9th, 1933. together wit h the mandatory Power s observatwns t hereon , dated October 17th, 1933, con~idcr" that the allegations contained in the petition do not warrant a ny recommendat ion to the Council."

ANNEX 10. C.P.M.J48I (I ).

SYRIA AND THE LEBANON.

PETITION FROM MME . AMINE EL HALABI.

REPORT BY M. PALACIOS.

This petition relates to the arrest of Fariz el Malek in a Damascus tramway-car during a public manifestation of traders on May 16th, 1933. The pet itioner, l\Ime. Amine el Halabi, mother of t he arrested man, sent a telegram to the High Commissioner and to the League of ~ations. She asserts that her son was severely beaten, that she herself was insulted when she asked to see her son , and tha t she was refused permission to do so.

The Government of the mandatory Power sta tes t hat Fariz ell\Ia lek had been apprehended among the agitators, that he succeeded in escaping and in hiding in the tram, where he was again arrested, and that he had already been sentenced for sedi t ious outcries. As regards his mother, it appears from t he enquiry made t hat she was in no way molested, but that it is true that she was not a llowed to see her son when she came for that purposP on the day following the arrest .

For these reasons and in view of the fact that Fariz el Malek has been handed over to justice on the accusation of a breach of the Decree on the Maintenance of Order, and of inflicting blows and wounds on agents of the public authority in the exercise of their duties, I propose, as Rapporteur, the adoption of the following conclusion :

" The Commission, having examined the petition from Mme. Amine el Halabi and the mandatory Power's observations thereon, considers t hat no action should be taken in regard to that pe tit ion ."

ANNEX 11 .

SYRIA AND THE LEBANON.

PETITION, DATED SEPTEMBER rsT, 1933, FRO)£ M~tE . HASIBA MAHOMET EL :\10USRI.

R E PORT BY :VI. PALACIOS.

On September r st, 1933, Mme. Hasiba Mahomet el Mousri, of Beiru t, adtlressed to the League of Nations a petition, which was transmitted on Oct ober 19th , 1933, by the mandatory Government, with its observations thereon. . . .

. ':fhe petition states that Mme. Fatima Chafica el Mousn , who. IS the orphan s1ster of th~ petitioner and who is of full age (16 years), was arrested by the pollee . By order of t~e Muft~, the ~elig ious head of the Moslems, she was handed over t o H age Youssef B.o~hesah, who .1s ke~pmg her prisoner and as a slave in his house. Up to the date of the pehhon, she had m va ' ' m endeavoured to escape and to regain her liber~y. . . .

T~e mandatory Power replies tha t the lady 1n ques.tJOn IS dul:¥ mar~1ed , and that the hous~ m which it is claimed she is being held prisoner 1s the one m wh1ch she contra~ted ma:nage . ~~oreover, up to the present, neit her :he person concerned nor anx of her relatJyes ha\e complamed to t he judicia l aut horities of the State on the grounds of 11legal det ention or bad treatment.

- 122-

This question evidently raises a delicate problem of Moslem law .in. a mandated territo As, however, in scope and importance, it certainly goes beyond the hm1ts of a petition of t~~ kind, and as, moreover, in the circumstances, the means of legal recourse before the judicial authorities appear to be open to the petitioner, the victim and her family, I propose to the Commission the adoption of the following conclusion :

"The Commission, having examined the petition from Mme. Hasiba Mahomet el Mousri, dated September rst, 1933, and the mandatory Power's observations thereon considers that no action should be taken in regard to it." '

ANNEX 12. C.P.M.r460.

CAMEROONS UNDER FRENCH MANDATE.

PETITION, DATED AUGUST IITH, 1929, SIGNED BY CERTAIN DUALA CHIEFS, INCLUDING NGAKA AKWA AND THEODORE LOBE BELL, AND PETITION,

DATED SEPTEMBER 5TH, 1930, SIGNED BY R. MANGA BELL.

REPORT BY M. RAPPARD.

For several years past, during its consideration of the Cameroons under French mandate, the Commission has had to devote its attention to the subdivision of the Bali plateau into Lots. The land of which the mandatory Power had, by Decree dated May roth, 1929, determi ned the allocation, had been expropriated under the pre-mandatory regime for reasons of public utili ty.

This expropriation and the subsequent subdivision into lots have on several occasions been the subject of protests by petitioners claiming to have been expropriated or to be the legal representatives of persons expropriated.

On June sth, I93I, the French Government transmitted its observations on two of these petitions to the Commission.

The French Government explained that it had merely approved the allocation of land which had been duly expropriated by the German Government and expressed the opinion that the petitions should be rejected. As these facts were not disputed and as, moreo,·er, the Commission has learned during the present session that the hostility formerly shown towards the operations connected with the aliocation had ceased, I consider that no action should be taken on the petitions relating thereto.

If my colleagues share this view, they might adopt the following resolution :

" The Commission, having examined the various petitions relating to the allotl!lent of land on the Bali plateau and the French Government's observations thereon, considers that, in view of these observations and of the fact that all opposition to the allotment of this land seems to have ceased, no action should be taken on these petitions."

C.P.M.1385. ANNEX 13.

TOGOLAND UNDER FRENCH MANDATE.

PETITIONS RELATING TO INCIDENTS AT LOME IN J ANUARY I933·

(a) PETITION, DATED FEBRUARY 13TH, 1933, FROl\l M. SOSUVI, DENU, GoLD COAST.

F br h L f Nations. Telegram from Denu, Gold Coast, dated e t~ary 13t , 1933. eague o ,-1b

Geneva.- Military operation continued. Murderous fire opened on fourth February. '' 1er result of fifteen death men women and children. Over four hundred men taken pnson two died in cell. Commission of enquiry necessary.-Sosuvi.

-123-

C.P .M.1433.

(b) LETTER, DATED j ULY IOTH, 1933, FROM THE FRENCH GOVERNMENT TO THE SECRETARY­GENERAL, FORWARDING ITS OBSERVATIONS ON THE P E TITIONS OF i\1. SOSU\'1,

OF DENU ( GOLD COAST} .1

TrattslatiotJ.] Paris, J uly roth, 1933.

By a letter of May 29th last, you were good enough, in conformity with a decision taken by the Chairman of .t~e Permar:tent Mandates Commissi~n in virtue of the Rules of Procedure in the matter of pet1t10ns relatmg to the mandated terntories, adopted by the Council of the Leagueof NationsonJan':lary 3rst, 1923, to send tome copies of two telegrams dated F ebruary 5th and 13th, 1933, respectively, from Denu (Gold Coast), concerning certain incidents which occurred at Lome. 1

Although the first petition, dated F ebruary 5th last, calls for the t ermination of the French mandate and, by reason of t hat fact, appears to be non-receivable I have the honour to transmit, with a request that you will be good enough to communicat~ it to the members of the Permanent Mandates Commission, a note, enclosed herewith, describing in detail the events of which the town of Lome was the scene on J anuary 24th and 25th, 1933.

:Translation. )

For the Minister for Foreign Affairs and by authorisation :

(Signed) R. MASSIGLI,

Minister Pleni potentiary, Head of the French L eague of Nations Service.

* * * (a) Incidents at Lome on January 24th and 25th, 1933.

FIRST SIGNS OF U:\REST.

At the end of 1932, a certain unrest appeared in t he Togoland centres (Anecho and Lome) in regard to the imposition of new taxes and adjustments of the exist ing fiscal arrangements (see annexed note). This unrest was reflected, in parricular, in the send ing of pet itions to ~1. de Guise, the Governor, by the people of Anecho. The Governor, in t he course of a palaver, easily refuted the complaints set forth in those petitions, demonst rat ing the differences between the Togoland fiscal regime and that of Dahomey, the latter being unquestionably more burdensome.

At Lome, the Council of Notables had, on December rst, submitted a request of the same nature to M. de Guise, who, quoting the same arguments as he had put before the Anecho population, declared that the request was non-receivable.

Shortly afterwards, the French Commissioner received a further request from a new body not recognised by the authorities of the territory, which had assumed the name of " Local Council of the Town of Lome ". This document was signed " Ghartey " and reprod uced the more or less subversive ideas of agitators affiliated to the " Young Togoland " party ..

On January 18th, the Council of Notables met to examine the new taxes. The Pres1dent , ~L de Souza, and M. Olympia, M. Acolaste and M. Baeta emphasised the feeling that t he unposition of those taxes would arouse in the population. The District Commanding Officer pointed out that the reform in question could not injure the prestige of the Council of ~otables, t~at it hardly affected the less well-to-do part of the population and that, in requiring ~he ncher nat ive members to pay the supplementary tax and the land tax, the burd~n of taxahon '~as being equitably distributed . As regards the market tax, that was .sull very low. ~e\·ertheless, the Council of Notables insisted on being received by 1\I. de Gu1se. .

. Did t hat assembly unders tand the real nature of the fisca l reorganisation ? It IS very Unlikely, a nd it seems that the Notables, like the natives in general, thought that t~e "Y~ole population would be hard hit. The following table will show that suc h a fear was not Justified.

Taxes payable by a Native liable to the Lowest Taxes.

In t 9Jl Fra ncs In 19_13 francs

Head tax . . . . . . . . . . 20 Jledical assistance tax . . . . 12 Compulsory servi<-<' : f0nr dayc;

redeemable at th e rate of 2 francs per day . . 8

Personal tax 20 Medical assistance tax. . 12 Compulsory service : six days

redeemable at the rate of 3 francs per day . . 18

40 so On the other hand as a result of a kind of income tax which would in fu t ure apply to the

wealthier members of the populat ion the Notables were affected by the reform, and there is r ' · l l eason to t hink that they may have favoured t he movement of protest,. more partlcu .ar y among the women, regarding the raising of the market dues from 40 cent1mes to 75 centlmes per day. ---1 S.:e do, ument C. P . .\Lt 38.;.

-124-

Further, during the month of J anuary, the Local Council of Lome, directed by the " Young Togoland " party, under the leadership of Ghartey, brought charges against the Notables and created a certain unrest in the district.

The enquiry carried out on this occasion concerning the Local Council of Lome led the Police Commissioner to send for the leaders of the group-namely, Michel J ohnson, a clerk in a commercial firm and a native of Dahomey, and Ghartey, a small planter at Lome and~ native of the Gold Coast.

As a result of the information obtained in the course of their examination, the District Commanding Officer inflicted penalties of fifteen days' imprisonment and a fine of 100 franc­for the offences committed by those agitators (illegal assembly, constitution of a non-authorised association, seditious speech). Johnson and Ghartey were arrested immediately, and imprisoned on J anuary 24th at two p.m.

DEMONSTRATION ON J ANUARY 24TH.

The two prisoners arrested at two o'clock by order of the Dis trict Commanding Officer had not been in the prison premises for half an hour when the offices of the Distr ict Commandin~ Officer were surrounded by a mob of about a thousand persons, consisting exclusively of women and children, demanding the release of Ghartey and J ohnson. The militiamen present tried to keep back the crowd; then, after telephoning in vain, M. Bouquet, the District Commanding Officer, sent a message to the Chief of Police.

The mob, changing its attitude, then gathered together and made off in the direction of the Government Buildings. M. Bouquet sent word of this to the militia camp. One part of the militia endeavoured to cut off the procession and the other part tried to reach the Government Buildings. But the size of the crowd, consisting of upwards of 3,000 persons, continued to increase, and the body of thirty or more militiamen was broken up. A barrier was hastily erected in front of the steps leading to the Government offices.

M. de Guise in person directed the work of erecting the barrier and attempted to calm the natives; he appealed to the Notables, and, addressing them openly before the demonstrators. asked them to use their influence to disperse the crowd. The latter appeared to respect the authorities and to be ready to obey the admonition to remain quiet ; but it was clear that troublesome elements were present, fomenters of disorder, natives suffering from the effects of drink and unruly boys.

The situation was very delicate, as M. de Guise had only fifty-five militiamen with him and was above all anxious to avoid bloodshed or any act that might prejudice the results achieved during a space of more than ten years by t he mandatory Power. Accordingly, after consulting the chiefs of service and the inspector in charge of the mission, the Gonrnor gave orders for Johnson and Ghartey to be released. It was close upon six o'clock. The crowd then dispersed.

IMMEDIATE RESULTS OF THE INCIDENTS ON THE AFTERNOON OF J ANUARY 24TH.

Once the precincts of the Government Buildings were cleared, M. de Guise took various measures of security : he asked the Lieutenant-Governor of Dahomey for a section of tirailleu.~s ; he ordered the chief of the Central Togoland building service to send down a number of tmlts of his platoon of militiamen to Lome and requisitioned the services of the Police Commandant and two sections of militiamen of Lome.

At 7.30 p.m., the notable Savi, of Tove, came to ask for help and protection; his ho~se had been sacked and his motor-car burnt. H is family was placed in safety, Savi, accompamed by the Police Commandant and the Police Commissioner, returned home, and the quarter was patrolled. But no fresh incident occurred.

The Mission of I nspection dined at the Government Buildings and made preparation~ for setting out on its tour to Anecho the following morning.

INCIDEKTS ON J Al\UARY 25TH.

A. U1vest in the Amoutive Native Quarter and ott the Market. The following day, January 25th, at 8 o'clock, the Amoutive quarter and the ma~ket

exhibited signs of unrest ; groups were assembled in front of the station armed with sttc.ks to pre,·ent sellers from alighting and going to the market on the arrival of the Anech? tram.

M. de Guise was obliged to take further measures ; he recalled the gangs of pnsoners, appealed to the Europeans to place themselves at the disposal of the authorities an.d ~av_e instructions that women and children were to be concentrated in the Government butldmg~.

B. Dem01~stration in the Vicinity of the Station. The Police Commandant endeavoured to clear the approaches to the station; the pers?11'

on guard were pushed back to the barriers, and attempts were made to induce the statiOn staff to desert.

C. Demonstration on the Wharf. In the meantime, a crowd was making its way along the rue du Commerce, throwing

stones at the windows, and zoo persons invaded the wharf, where the captain of tbe port did his best to keep them back. Though continually in danger of being thrown into the~;~ he stood out against the crowd and refused to· take refuge in a boat as was suggested. . r workshops of the Public Works Department were invaded and the workmen were won °' e by the crowd and deserted.

- 125-

D. Further Demonstrations.

Bands .of young men armed with sticks then marched through the town and spreact disorder. Patrol }ornes pursued them, but could not prevent them at one moment from threatening rhe hospital and throwing stones at European motor-cars and cyclists.

At noon, a number of. ~urop.ean patrols having made their appearance, the business part of the town, the admmtstrat~ve quarter and the s~aller market were cleared. There was still some unrest of the Amouttve quarter and. the native town.

At 5 o'clock, a detachment of guards. from the Centr~l Togoland building yards arrived. On rhe other hand, there was n~ws ?f .senous demonstratiOns to .be held late in the evening. The defences of the Governmenc bmldmgs, the wharf and the railway were reinforced. The Treasury was" organised "by the chief of the Finance Service. Calm was restored, .M. de Guise haYing informed the population that the question of taxes would be submitted to the Minister in Paris.

At 5.50 the first section of tirailleurs from Dahomey arrived in a lorry in charge of M. Cazaux, Inspector of the Colonies.

ACTION OF THE MISSION OF I NSPECTION.

The mission of inspection which had set off in the morning for Anecho, having found some evidence of unrest on i ts way, had communicated with Lome by telephone and had decided to get into touch with the Governor of Dahomey in order to hasten the sending of troops and the departure of a second sect ion of tirailleurs. The mission had waited at Anecho for the first detachment and had gone back with it to Lome.

END OF DEMONSTRATIONS.

The troops from Dahomey, who were shortly to be relieved by a company from the Ivory Coast, were placed at the danger points, and, as a result of the patrolling of the native town , the unrest rapidly died down. A service of surveillance was kept up all through the night. Xext day everything was calm.

On January 27th, the clearing of the native town began, and the mayor-administrator proceeded to arrest nat ives who had been particularly aggressive.

The result of these events amounted finally to material damage assessed at 88,ooo francs and, thanks to the coolness displayed by all, there was no bloodshed whatever.

A dramatic incident unfortunately occurred on the night of February 3rd-4th. A tiraille1tr of the Ivory Coast company suddenly went mad and, taking the rifle and cartridges of one of his comrades, went forth surreptitiously by night from his quarters and, ·wandering round the settlement, fired on those whom he encountered ; in addition to two who were wounded, eight natives met their death at his hands. I n order to prevent him from commiting further murders, the tirailleur was surrounded, and he was shot down by two militiamen.

To sum up, it appears from the informat ion received that the discontent which led to the events of J anuary 24th and 25th last, in the Lome centre alone, was not of spontaneous origin, but was provoked by the wealthier native element , which was affected by the increase in the proportional taxes, a measure justified by their undoubted resources. Further, the militants, who, as the " Young Togoland Party ", carry on opposition against the notables, took advantage of these incidents to stir up the population against the elected persons.

The situation is now calm again and the authorities have the population of Lome in hand. They are glad to report that no bloodshed has occurred.

(b) Perso"al Taxes paid by the Natives of Togoland in 1932 and 193.~ .

. In addition to the personal tax, the medical assistanc~ tax a.nd contributio':s. in kind, wh~ch were already in existence in 1932 and were merely adJusted m 1933. an addtt tOnal tax levted on taxpayers in receipt of an income of more than ro,ooo francs was created as from January r st, 1933.

First category :

Incomes up to 4.000 franc·>.

Se~ond category Tlnrd category F ?llrth category Ftfth category

I. PERSONAL TAX.

Fixed Tax.

( Lome district

) Anecho district Klouto district .. Atakpame district Sokode district .. Mango district ..

193! Francs

30 Natives in receipt of : 40 4,oor to 7,ooo 55 8o 7,oor to ro,ooo

193l 1933 F rancs Francs

20 20 20 20 20 20

20-15-10 20 I0-5 ro and 7 7-5 7

1933 Francs

70 IIO

- !26 -

In t he first category, the increase chiefly affects the Mango and Sokode districts {annual increase 2 francs) ; the increase in t he Atakpame district affects only the Adele (from 10 to 20 francs) and the Kpessis (from IS to 20 francs) out of the six tribes of the district.

. !he former c~assific~tion into the second, thir?, four.th and fifth categories made by the d1stnct commandmg officers as regards taxpayers m rece1pt of more than the average income appears to be arbitrary. These categories have been reduced to two : incomes from 4,0oo to 7,000 francs and from J,Ooo to IO,ooo francs.

II . ADDITIONAL TAX.

This is added to the personal tax in t he case of all natives whose annual income exceeds 10,000 francs.

Rate : 3 per cen t on incomes up to IO,ooo francs ; 4 per cent over 10,000 and up to soo,ooo francs.

This tax is levied only on the richer and more advanced portion of the population ; the new burden is not actually very heavy. In calculating t he t ax, the fraction of an income which does not exceed IO,ooo francs is ignored, and the fraction between Io,ooo and zo,ooo is reckoned at one-tenth ; the fraction between 2o,ooo and 30,000 is reckoned at two-tenths, and so on, with an increase of one-tenth for every Io,ooo francs up to IOO,ooo.

Exa mples : the tax on an income of 30,000 francs will be 90 francs (22S in Dahomey) ; t he tax on an income of IOO,ooo francs will be I ,oso francs (I,52S in Dahomey) .

III. NATIVE MEDICAL ASSISTANCE TAX .

Half the fixed rate of the personal tax . In the case of natives with an income under 4,000 francs, the amount of t he tax varied between 2 and I2 francs in I932.

For I933 the increases are as follows: the rate of the tax has been raised from S to I2 francs for the Cotolis and the Bassaris, and from 2, 3 and 4 francs to S francs for the Gabrais and Lossos. For the other tribes of t he territory it remains unchanged.

IV. CONTRIBUTIONS IN KIND.

The number of days for I932 is four and for I933 six (in the neighbouring colony of Dahomey, the number of days is fixed at ten).

Rate of redemption of a day's labour : 1932 1933

Francs Francs

Lome district 2 3 Anecho district 2 3 Atakpame district 2 3 Klouto district 2 2 Sokode district I. 50 I Mango district I. 50 I

Increase of I franc for three districts ; reduction of so centimes for two other districts. The contributions can always be furnished in kind .

RECAPITULATORY S TATEMENT OF TAXES PAID IN T OGOLAND BY THE NATIVES I N 1932 AND 1933·

I Taxpayer~ wit~ an ~nc?me of less than 4,000~ !n 1932 ..

francs (m a nch distnct : Lome) . . . . . .l m 1933 ..

Taxpayers with an income of less than 4,ooo! in 1932 .. francs (in a poor district : Mango) . . . . I in 1933 ..

T ·h · r · et I. axpayers Wit an mcome o approx~mat y{ m 1932 .. 10,000 francs (all districts) . . . . . . . . in 1933 ..

I.

1

10 1932 . · Taxpayers with an income of 30,000 francs in 1933 :

(all districts) . . . . . . . . . . . . . . Fixed tax + Addit. tax

I Taxpayers with an income of 6o,ooo \

in 1932 .. fra11t:> in 1933 :

I Fixed tax 1- Addit. tax

I

Persona l t ax

Francs 20 20

5 7

8o IIO

200

zoo~ 290 go\

200

200 I 450 65o

Assista nee tax

Fr,lncs

12 12

2

5

40 55

100

100

100

roo

Rroemption of contributions

Francs

4 X 2 6 X 3

- 8 = 18

4 x r .5o = 6 6 X I = 6

4 X 2 6 X 3

4 X 2

6 X 3

4 X 2

6 X 3

8 = r8

- 8

= r8

~ 8

= r8

Total

Francs

40 so 13 18

128 183

308

408

J08

768

Difference

I ro francs more

5 francs more

! 55 francs more

I

( roo francs more

460 francs more

.... t-.>

'-3

- rz8-

C.P.M.r445· (c) and (d) PETITION, DATEDAUGUST15TH, 1933, FROM THE " B UND DERDEUTSCHTOGOL.b;DER"

COMMUNICATING THE T EXT OF A T ELEGRAM DATED F EBRUARY 8TH, 1933, TRANS)IUTTED ' BY THE FRENCH GOVERNMENT ON OCTOBER liTH, r933, WITH ITS 0BSERVATIOXS.

I. L etter from the French Government to the Secretary- Ge1leral of the Leag1.'e of Nations.

[T ra?tslation. ] Geneva, October n th, 1933.

With further reference to a letter bearing the number 59 and the stamp of the French League o f Nations Department and dated July roth last,1 I have the honour to attach for transmission to the Permanent Mandates Commission, a petition, dated August rsth, {933 accompanied by three photograpbs, 2 from the " Bund der Deutsch TogoHi.nder" of Accr~ (Gold Coast).

The events referred to in this petition occurred at Lome on J anuary 24th and 251h Ia:,t and were dealt with in my previous communication. I assume that the photographs attached to the petition are those of the victims o f the rifleman who suddenly went mad on the night of February 3rd-4th-a dramatic incident which is described in the note attached to my letter of July roth last.

(Signed) R. MASSIGLI.

II . Petition (transmitted by the Fre?tch Government) to the L eague of Nations.

Accra, August 15th, 1933.

We have the honour respectfully to ac knowledge the receipt of your letter dated February 20th, 1933,3 referring us t o the Minutes and Rules of Procedure of the Council of the L eague of Nations at Geneva.

We recognise and regret this mistake a nd have noted your observations. In accordance with your instructions, we are sending a fur ther cable, drawn up in French.

to the League through the Commissioner of the French R epublic in Togoland. We have the honour, etc. F or and on beha lf of t he Chiefs and for the population of the territory of Togoland placed

under French mandate : (Signed) J ohann A. AGBOKA, President. (Signed) F . I. D'ALMEIDA, Vice-President. (Signed) Cl. AMARTEY, for the Secretary.

Nota bene.- Three photographs of persons killed. 2

III. Text of the Telegram attached to the P etition.

League of Nations, Geneva.- Increased taxation and bad treatment are causing revolut ion in Togoland <l.t Lome. Seventeen natives, men , women and children , were killed by rifle shots by occupying Government. Additional troops have come from Dakar to continue movement against personal reasons. Situation cr itical. We ask for your compa:::sion and for an improvement.-DEUTSCH ToGOBUND.

C. P.M.1477(r). (e) REPORT BY M. 0RTS.

The petitions concerning t he incidents which occurred at Lome (Togoland) in J anuary 1933 consist of (r ) a telegram (document C.P.M.r385) h::tnded in at D enu (Gold Coast) on February j th, 1933, bearing a signature and addressed direct to the League o f Nations; (2) a relegram (doc ument C. P .M.r385) from the same source, dated February 13th, 1933, and addr~5sed direct to the League of Natiol!s; (3) a telegram signed " Deutsch Togobund ", transml(led through the intermediary of the French Government, wi th a covering letter, dated Accra (Gold Coast), August r5th, r933, and bearing four signatures of persons composing the bureau of an association entitled " Bund der Deutsch TogoHi.nder" (document C.P.M.1445).

These documents were the s ubject of two letters, dated J uly roth a nd October n th, I93J. in which the French Government formulated its observations .

• * •

In accordance with the rules of procedure in respect of petitions, the first in date of th~sr communications (document C.P.M.1385, of F ebruary sth) is inadmissible because i t contains a request for the withdrawal of the French mandate over Togoland.

• See document C.P.)I-1 .1433· >~ ' These photographs are kept at the disposal of the members of the Commission in the archh·es of the Sccretan n• • With this letter the Secretariat returned to the signatories the petition which they had sent to it direct, dra", •

hc1r attention to the rules of procedure in force concerning petitions. t

- 129 -

The other documents in the file constitut ing the petition call for the following observat ions : Th~ ~.ommission has no information as to th.e petitioners and therefore as to the degree

f credibihty that should be accorded to assertiOns made by them. J!ore particularly it ~oes not know whether they are inhabitan ts of ~he territory or persons not belonging to the country under. mandate, whe~her they w~re '~Itnesses of the facts or whether they have reported them m ac~or~ance w1t.h th.e way m which they were relat~d .to t~em by third parties or in accor~~nce w.1th mformatlor; I~ the Press. . As to th~ asso~1ahon Bund der Deutsch TogoHinder , the lt~tle the ~ommission k nows of rt makes 1t advisable to accept information !rom that source with cauhon.

In laconic form the telegrams from the petitioners contain only asser tions which are not •upported by any evidence. It is strange that, on repeating them after several months' interval, the petitioners did not think it advisable to supplement them by a st atement of detail-. and the first elements of proof. -

* * * In contrast with the laconic form of the petitions, the observations of the mandaton·

Power go into the most circumstantial details as to the origin of the incidents in qucstiol1 and as to tl:e dev~lopment they followed from t.h~ outset u.ntil ~al~n was completely restored.

There IS no smgle fact a lleged by the petitioners which, m Its note of observations or through its representative accredited to the Commission, the mandatory Power has not explicitly denied. Thus although, according to the petitioners, the suppression of the troubles caused the loss of ~eventeen lives, the mandatory Administra~ion, ~vh~lst recognising the fact that after the disturbances had been put down there were eight v1chms due to a soldier who had gone mad, noted wit h satisfaction that it had been possible to restore order without any bloodshed. Everyone will share this satisfaction, although that result was achieved only at the cost of a momentary relaxat ion of authority in face of the disturbance.

The origin of the trouble is to be found in an increase of certain taxes and dues which the petitioners consider excessive. The Commission was careful to ascertain whether this complaint was well founded and was able to note that in that count ry t he total amount of taxation in various forms remains extremely moderate. Subsequently it was decided to abandon the increase of the tax on markets, which was, perhaps, inoppor tune and which seems to have aroused particular irritation amongst certain elements of the native population.

* * * I have the honour to propose that the Commission should adopt the following conclusions

" The Commission, " Having examined the petition signed 'Sosuvi ' and dated at Denu (Gold Coast},

February 13th, and the petition signed ' Agboka and others', dated at Accra {Gold Coast), August 15th, 1933, together with the observations relating thereto forwarded by the mandatory Power ;

" After hearing the detailed account by the mandatory Power, both in writing and verbally, of the incidents which occurred at Lome in J anuary 1933, their causes and the measures which were subsequently t aken :

"Notes that, in the circumstances, the local authorities of the mandatory Power took such measures as the maintenance of public order in the territory seemed to render necessary ; and . .

"Considers that the above-mentioned petit ions call for no special action on the par t of the Council."

C.P.M.r46r. ANNEX 14.

ISLANDS UNDER JAPANESE MANDATE.

PETITIONS, DATED SEPTEMBER 3RD, 1931, AND APRIL 28TH, 1932, FROM M. KASHICHIRO MASAKIYO, ON BEHALF OF l\1. WAN CABLERA,

AN I NHABITANT OF SAI PAN ISLAND.

REPORT BY M. VAN REES.

At its twenty-third session the Commission submitted to the Co uncil the following observation on the two petitions ~n which I am asked to report :

." The Commission, having examined.th~ petitions. dated September 3rd, 1931, and Apr1l 28th, 1932, submitted by l\1 . Kashtchuo Masaktyo on behalf of M: :van Cabl~ra together with the observations of the J apanese Government on .t~ose petltwns; havmg noted a contradiction between certain comments on the peuhons and a document submitted previously by the petitioner, would be g~ad if ~he mand<~.to:Y ~ower would be good enough to give it further information concermng this contradtchon .

9

- 130-

These observations having been communicated to the mandatory Power in accordaP with the Council's decision of September 28th, 1933, the accredited representative of t·~C mandatory Power sent a letter to the Secretary-General on October 21st, 1933, which bas bee~ circulated to the Commission (document C.P.l\'1.1456), and which contains t he followin~ statement : ·

" The J apanese Government regards the land in question as part of the State land, on the ground of the measures of disposal taken by the German authorities within th~ limits of their powers. The Imperial Government does not consider itself bound by the German Government's approval or disapproval of this measure of confiscation. :Moreo\'er some of the natives agree that the land in question was confiscated by the German authorities."

The point which was to be cleared up is stated in the report which I submitted to th~ Commission at its twenty-third session (Minutes, pages 183 and 184).

I n view of the reply given by the accredited representative of the mandatory Power, it does not seem to me desirable again to ask the mandatory Power for further part icular~ on that point. In my opinion, such being the position, the Commission can only arrive at the same conclusion as it did at its nineteenth session on the basis of the detailed report of our colleague M. Palacios (Minutes of the Nineteenth Session , page 213).

I accordingly propose that the following conclusions be adopted with regard to the~e petitions :

" The Commission, " Having examined the petitions of September 3rd, 1931, and April 28th, 1932.

submitted by M. Kashichiro Masakiyo act ing for M. Wan Cablera, together with the mandatory Power's observations thereon ;

" Having no effective means at its disposal which would enable it to form an opiJ,ion on this controversy :

" Considers that no action should be t aken on the petitions, since the petitioner has not yet exhausted the legal remedies which are open to him."

C.P.M.1467(I) . ANNEX 15.

SOUTH WEST AFRICA.

PETITIONS FROM M. W. EICHHOFF, DATED RESPECTIVELY MARCH STH AND JUNE 8TH, 1933.

REPORT BY L ORD LUGARD .

I reported on a petition from M. Eichhoff in June last,1 and the present petitions, dated March sth and June 8th, are mainly repetitions and expansions which he t hen intimated would follow.

Some of the incidents referred to date back to 1918 and 1920, and are concerned with l o~ of stock due to the depredations of Bushmen, and of" Royal Game" against which he was not afforded protection, or the means of protecting himself. He complains also of the expe~sc and trouble incurred by a summons which involved a journey of 300 miles, on a charge whtch was, he maintains, due to prejudice. Finally, he alleges that the Hereros were improperly called upon to subscribe to a testimonial to a retiring official. .

It would appear that t he grievance regarding the Bushmen was satisfactorily dealt wtth last January, and the mandatory admits that subscriptions were improperly called for by a~ official whose action was disapproved and the money returned to the donors. Th~ r~a gravamen of the petition is, however, that the incidents complained of were all due to pre]udic~ against him as a German, and the desire to expropriate him from his farm. If there is any trut, in the statements he makes-which the Administrator considers to be "of so trivial a natu~e as to be unworthy of comment-he would appear to have had some grounds for consi?enng that there was a bias against him-whether due to racial or other reasons there is not hing to show.

I n the circumstances, I can add nothing to the conclusions at which I arrived last June and I recommend the following reply to the petition :

" The Commission, having examined the petition of M. Eichhoff dated March sth, 19~3; together with his supplementary letter of June 8th and the comments of the mandato.ry Po~~ upon them, requests the Council to invite the at tention of the mandatory agalll to e

• See Annex 22 to the Minutes of the T wenty-thi rd Session, page 186 (document C. P .M. 1409).

- 131-

recom~e~dation made ~y .the C~~mission at its last s.e~sion, and accept ed by the Counc1l, m regard to a sn:rnl a~ pet1tlon f~om the same petltloner; and, in particular, to the hope expressed that, m view of the circumstances described, 'the mandatory Power may find it possible, in the inter~;~ alike of the petitioner and of the Hereros, to purcha~c the farm for the purpose stated .

ANNEX 16.

SOUTH \VEST AFRICA.

PETI T ION, DATED APRIL 24TH, 1933, FROM M. BERGMANN.

R EPORT BY LORD L UGARD.

In the report on its twenty-second session, the Commission, on my recommendation as Rapporteur, informed the Council that it was satisfied that no action was called for on a previous petition from M. Bergmann.1 In the discussion upon that petition,= the \'ice­Chairman raised the question whether petitions such as the one under reference, which had no connection with the mandate, were worthy of a recommendation to the Council-a question which is now under consideration. The present petition, with its voluminous enclosures, is of the same character, and the mandatory Power calls attention to the fact that , for the past few years, Bergmann has sent annual petitions to the League making complaint s against all and sundry.

The petitioner complains of discourtesy on the pan of a magistrate, and promises a further instalm~nt of instances of " favouritism " on his part when the ~landates Commission has finished investigating the present accusations, and intimates to his opponents that he intends to submit everything to t he League of Nations. The vague charges which he makes are unsupported by proper evidence and are of a trivial nature unworthy of detailed examination. I therefore recommend as follows :

" The Commission, having examined the petition of M. Bergmann dated April 24th, 1933, and the observations of the mandatory Power thereon, considers that the petition does not call for a ny recommendation to the Council. "

ANNEX 17.

I.

REPORT TO THE COCNCIL ON THE WORK OF THE SES IO~ ·

The Permanent Mandates Commission met at Geneva from October 23rd to .November 4~h. 1933. for its twenty-fourth session and held twenty ~eetings. In accord~nce w1t~ the practice of the Commission, the public was admitted to the fus~ part of the. openmg mectmg:

The annual reports were considered in the followmg order w1th the co-operatiOn of the representatives of the mandatory Powers :

Cameroons under British Mandate, 1932.

Accredited Representative :

Captain W. BUCHANAN-SMITH, C. M.G., M.C. , Lieutenant-Governor , Southern Provinces, Nigeria.

: S~e :ltinutes of the Twenty-second Session. page~ 355 and 373· See :IIinutes of the Twcnt y-second Session, pages 178 and I]Q.

-- 132 --

Iraq, J a nuary-October 1932.

Accredited Representative of the late Mandatory Power :

Capta in Vyvyan HOLT, Oriental Sec retary to the United Kingdom Embassy. Bagdad.

Cameroons u.nder French M.andate , 1932.

Accredited Representative · :

M. M. BESSON, Chief of the First Bureau of the Political Department at the Frtnd, Ministry of the Colonies.

Tngola11d under British M andale, 1932.

Accredited Representative :

Mr. A. W. CARDINALL, late Dis trict Co mmissioner , Gold C'oa~t.

Togoland 1mder French 1\1 andate, 1932.

Accredited Representative :

M. M. BESSON, Chief of the First Bureau of the Political Dt>partment at the Fr('nch Ministry of the Colonies.

yria a11d the Lebanon , 1932.1

Accredited Representative :

:VI. R. DE C..ux, former Secretary-Genera l of the High Commissariat of the French Republic in Syria and the Lebanon .

Ruanda-Umndi, 1932.

Accred ited Representative :

:\1. H ALEWYCK DE R EUSCH, Director-General at the Belgian :\linistry of the Colonie>.

Islands under japanese J1andate, 1932.

Accredited Representative :

M. N. ITo, Deputy Director of the J apanese Bureau accredited to the League of Nations.

Western . amoa, 1932-33

Accredited Representative

Sir Thomas Mason WILFORD, K.C.M.G., K.C., High Commissioner of New Zealand in London .

1 This report was considered at the twenty-third session (June 1933). The consideration of the report was completed at th!' prc~ent session by a further exchange of views with the accrrditcd representative of the mandatory Power.

- 133 -

oBSERVATIONS O N THE ADMINISTRATION OF CERTAIN TERRITORIES :\. UNDER MANDATE.

The following observations, which t he Commission has the honour to submit to the Council were adopted after co~sideration of t he situation in each territory in the presence of th~

resentatives accredtted for t he purpose by the Governments concerned. In order to ~~reciate the fu ll si~nificance of these .o~servation~, reference s~ould be mad.e as usual to the llinutes of the meetmgs of the Commtsston at which the questwns concernmg the different territories were discussed .1

TERRITORIES UNDER " A " MANDATE.

Iraq.

The Commission took note of the report submitted by the Government of the United Kingdom on the administratior; of ~raq during .the period J anuary rst-October 3rd, 1932, on which date the mandatory regtme m that terntory came to an end and Iraq was admitted as a l\'lember of the League. The representative whom the ex-mandatory Power had accredited to t he Commission gave further information verbally in reply to the questions put to him.

The Commission has refrained from submitting to t he Council detailed observations on the administration of I raq during the firs t nine months of 1932. It merely calls the Council's attention to the Minutes of the meetings at which t his ter ritory was dealt with for the last time, and, in particular , to the passages relating t o the community of the Bahais (pages 12, 27-33, 68-69).

Syria and the Lebanon.

In June last, the French Government informed the Secretary-General of the League that M. Ponsot, High Commissioner for Syria and the Lebanon, would make a statement to the Commission in October on the evolution brought about in the political situation in those territories. I n the meantime, however , M. Ponsot was transferred to another post and this intention could not be carried out.

M. Ponsot's successor, on the other hand, could not be expected to make such a statement at the very moment he had assumed the office of High Commissioner.

In these circumst ances, the French Government stated, in a letter dated September 14th, that it would be M. de Caix who would be called upon to give explanations to the Commission on the points held over at the time of his hearing in June last .

The accredited representative has given certain indications as to the political situation in Syria and the Lebanon during the p ast months, although, in the circumstances, he felt obliged to maintain a certain reserve. The Commission would refer the Council to the account of the meetings devoted to these questions to be found in the Minutes (pages 59-65, 107).

SPECI AL 0BSERVATIONS.2

r. Administration it~ General.

The Commission deplores the acts of corruption and of traffic in influence which have occurred in the Lebanon . It hopes that every effort will be made by the mandatory Power to put a stop to these acts (page 141).

2. Equality before the Law and Freedom of Conscimce.

~he Commission regretted to note that the application of Syrian legislat.i~n prescribing equality before the law is still sometimes impeded through the absence of a spmt of tolerance on the part of t he autoch thonous authorit ies (pages 135-I39).

3· Forestry.

The Commission hopes that the measures taken for the preservation of forest s and reafforestation will be intensified (page 149).

----$ ~the page numbers followi ng each observation are those of the Minutes of the present session, except for the Ptt1a) obse . . . , rvahons CQncemmg Syna and the Lebanon. . . . . . h . d - . these observations were su estcd to the Commission by its exammahon of the matt~r at 1t~ h\ent}-t 1r ~on. and the pages mentionel!fter each of them refer to the Minutes of the twenty-th1rd sess~on (document

·t06.~!.209.1933. VI). The Commission adopted them at the seventeenth meet in~: of the present sesston (page 104).

-134 -

TERRITORIES UNDER " B ,. MANDATE.

Cameroons a nd Togoland under British Mandate.

OBSERvATION Co:11Mo~ To BoTH T ERRITORIES.

Liquor Traffic.

The Commission noted with a nxiet y that the natives of the two territories were becomin· increasingly addicted to illicit distilling. It would be gl~d to .know i~ the next repon wh:,~ steps the mandatory Power contemplates taking to dea l wtth thts practtce (pages 25 , 51 , jO).

Cameroons under British Mandate.

r. Welfare of tlte Natives.

The Commission noted with satisfaction the accredited representative's st atement that it is the settled policy of the mandatory Power to improve the condition of women in tht territory (pages 17-18, 70) .

2 . Economic Equality.

The Commission observes that, under a regulation of August 22nd, 1932, tin ore which i: to be smelted in the United Kingdom or in a British possession will be exe mpted from the export duty otherwise levied on tin ore.

The question was raised whether this regulation could be considered compatible \\ith tlw p(inciple of economic equality, and the Commission hopes to be reassured on this point (pages 20 , 70).

3· Public Health.

The Commission expresses the hope that the Administration will take steps to ensurt adequate medical treatment for native labourers on European plantations. It also hopes that the northern area will be provided with a medical staff of its own (pages 22, 25-26, 70).

Togoland under British Mandate.

r. Status of the Territory.

The Com mission noted the measures taken in order to re-incorporate in the three ~ati.w .. States " of Mamprussi. Dagomba and Gonja (which form a part of the Northern Terntone> of the Gold Coast) certain regions which were separated from those political entities when the boundaries were delimited between the Gold Coast and German Togoland and which now forr.J a n integral part of the territory under mandate. The Commission would be glad to recei,:e ar. assurance that these measures will in no way jeopardise the territorial integrity of the terrttor~ under mandate (pages 47-48, 70).

2 . Legislatiot~.

The Commission would be glad to have a clear st a tement as to which ordinances of the Gold Coast apply to the northern and so uthern portions respectively of the territory under mandate (pages 48, 70).

3· Pttblic Finance.

The Commission noted with satisfaction the st atement conta ined in the annual report that the sums paid by the Gold Coast Colony to cover the deficits in the budget of the mandated territory were treated as grants-in-a id which it was not the intention of the mandatory P ower to recover (pages 49. 70).

4· Ed1tcation.

The Commission hopes that the mandatory Power will see its way to develop education in the Northern Section of the territory (pages 51, 70).

- 135 -

s. Public Health.

The Coffi:mission '~oul~ be glad to know in the next report whether the result of the inrestigation mto sleepmg-s1ckness has called for any special measures by the Administration u>ages sr. 70).

Cameroons and To~oland under French Mandate.

OBsERVATIONS CoM::\fON To BoTH TERRITORIES.

I. Economic Equality.

The Commission took note of a Law, dated August 6th, 1933, Article r of which provides that :

.. The right to the bounty instituted by the Law of March 31st, 1931, and the subsequent laws is conditional, in the case of traffic served directly or indirectly by a French line, upon transport under the F rench flag of the colonial products benefiting by the bounty."

It considers that this obligation amounts to differential treatment in favour of the French merchant marine and may on that account infringe the provisions of Article 6 of the mandate.

It hopes to receive full reassurances in the matter (pages 39-41, 104).

2. P·ublic Finances.

The Commission, while recognising the effort made by the mandatory Power to explain to it the financial administration of the two territories, expresses the hope that the chapter of the reports dealing with the public finances will in future be simplified and presented in such a way as to make it easier to understand (pages 41 , 51-56, 104).

3· Cinematograph.

The Commission, at its last session, interested itself in the question of the use of the cinematograph in view of the differences in mentalities and cultures. The Commission noted the statements made by the accred ited representative regarding the measures contemplated by the mandatory Power to organise the distribution of educational films, and would like to be kept informed of the results obtained both by t hat service and by the service for the censorship of undesirable films (pages 45, :=;8, 104).

Cameroons under French Mandate.

L and Tenure.

The Commission noted with satisfaction the measures taken by the mandatory Power to determine the rights of the natives in respect of land and its inten tion to supplement those measures by a system of registration of the said rights {pages 46, 104).

To~oland under French Manda te.

Liquor Traffic.

Th.e Commission hopes that a statement by the health authorities on the effects of alcohohsm in the territory will continue to be inserted in future. reports.. . . . Moreover, the Commission would like to have further mformatwn as to the illicit

distillation of alcohol by the na tives (pages s8, 104).

Ruanda· Urundi.

r. General Administration.

or ~he ~ommission noted the detailed statement given in the report. (pages 60-64) on _the regarusatto~ of the territory. It was gratified to note the decl_aratlon .of the ~c~red1~ed ·tpr~~entatlve to the effect that the re-organ isation undertaken IS ensunng adm1mstrat1ve ~ abilit . . d . h' r· ld ( y. The Commission will contin ue to follow w1th mterest the progress ma e m t ts 1e pages 71-74, 104).

2. Public Finance.

The Commission noted the detailed information (pages 250 - 252 of the repon communicated in reply to its request, concerning the financial relations between Ruand ): Urundi, Belgium and the Belgian Congo. It was concerned at the precarious financi~l situation o! t~e territory, and, in particular, at the _bu~den it ~11 have to bear i~ the future. The Commtsswn hopes that the mandatory Power wtll fmd effective means of dealmg with thi, situation. It would be glad to have detailed information as to the financial policy which th; mandatory Power proposes to follow (pages 77. 8r, 104).

3· Customs Union between Ruanda-Urundi and the Belgian Congo. ·

The Commission thanks the mandatory Power for the detailed information contained in the annual report (page 249) concerning the effects of the Customs union with the Belgian Congo on the economic and financial situation of Ruanda-Urundi. It would be glad to be kept informed of the development of Customs policy and its repercussions on the territory (pages 8r , 104).

4· Welfare of the N atives.

The Commission congratulates the mandatory Power on the measures taken to prevent famine and on the results obtained (pages 77. 82, 104).

5. Labour.

The Commission heard with interest the communication made by the accredited representative of the mandatory Power concerning the new system of labour- piece-work­which is being tried in the district of Kivu (Congo) and in the province of Kamemba, and which appears to have been favourably received by the natives of the territory. It will follow with interest the results of this new form of labour (pages 84-85, 104).

6. Public Health.

The Commission again expresses the hope that the mandatory Power will endeavour to increase the number of doctors in the territory.

With regard to the campaign against sleeping-sickness, the Commission was glad to note that measures have been taken which, in the opinion of the mandatory Power, will not fail to produce the desired results in the very near future (pages 87, 104).

TERRITORIES UNDER " C " MANDATE.

Islands under Japanese Mandate.

I . Public Health.

The Commission, noting the increasing frequency of tuberculosis, particularly. in t~e Island of Yap, hopes that the mandatory Power will consider the possibility of combating tb1~ endemic disease by all appropriate means (pages go-gr . 92, 94, r os).

2. Population.

The Commission's attention was directed to the extent of J apanese immigration, which has increased considerably.

Moreover, the Commission was again concerned to note tha t the native population bad remained stationary and had even declined in numbers in certain of the islands under mandat~: It hopes that appropriate measures will be taken by the mandatory Power to remedy tbto situation (pages gr-gz, ros).

Western Samoa.

I. Status of Inhabitants.

The Commission would be glad to find in the next report detailed information regardin~ the conditions under which the various categories of inhabitants (natives, half-castes an, foreigners) of the territory under mandate can acquire New Zealand nationality (page' 97-98, ro8).

-137-

2. General Administration.

The ~omm~sion hopes that the next re~orts will contain details as to the political situation, 10 which 1t contmues to devote close attention (pages 98-99, ro8).

3· P1~blic Health.

The Commission has learned with satisfaction that, in the course of the year, larger appropriations have been made for public health (pages 102-103, 108).

B. PETITIONS.•

I. PETITIONS ON WHI CH CONCLUSIONS WERE REACH ED.

At its twenty-fourth session, the Commission considered the petitions mentioned below together wit~ the. ~andatory Powers ' observation_s !hereon. Ea~h of. these petitions wa~ reported on 111 wnt~ng by a member of the Comm1ss10n. After d1scusswn, the Commission adopted the concluswns set forth below. The texts of the reports submitted to the Commission are attached to the Minutes. 2

Syria and the Lebanon.

(a) Petitio,ns, dated May 2oth and ]ttly 31st, 1933, from the·· Association syriemte de Toulouse" (documents C. P.M.1399 and 1440) {pages 67-68, 104, ns). Observations of the French Government, dated October 26th, 1933 {docu ment C.P. M.q62). Report (see Minutes, Annex 5).

CO~CLUSIO~S.

The Commission, having examined the petitions of the ··Association syrienne de Toulouse "and t he mandatory Power's observations, does not consider that any action should be taken on these petitions.

(b) Twenty-two Petitions (in Five Series) regarding the Political Organisation of Syria and the Lebanon {document C. P .M.r401) (pages 65-66, 105-107, n 6-n9).

Report (see Minutes, Annex 6).

CONCLUSIONS. The Co mmission ,

Having taken cognisance of the petitions in five series regarding the general organisation ?f ~he territories of the Levant under French mandate transmitted by the French Government tn 1ts letter of J une r6th , 1933;

Having heard the accredited representative of the mandatory Power with regard to these petitions during the presen t session, a nd bearing in mind the statements made by the High Commissioner for Syria a nd the Lebanon at its twenty-second session : , Considers that the petitioners' wishes for the creation in Syria of a unitary State- i.e., of a _tate in which no part enjoys local autonomy-as well as their wis~ th~t full independence -houid be granted to any part of the territory under mandate whtch IS not Syna or the lA!ban~n, are contra ry to the fundamental chart_er of th~ ~andate ;. . . .

\~~hes the mandatory Power every success m the dtff1cult t~sk 111 wh1ch 1t 1s ~ngaged of re_conc1hng the aspirations towards full independence of the P?Pul_a~wns placed under 1ts tut~lage '11th the guaranteeing of the righ ts and interests of the mmont1es among these populations.

c) Six Petitio1~S, dated January 30th attd 3ISt, February yd and sth, 1933· from Inhabitants of Latakia, Homs, Harna and Aleppo {document C.P.M.1406) (pages 68, 108, II9-120). Obsen·ations by the Frenc h Government, dated J une 19th, 1933 (document C. P .M.qo6). Report (see Minutes, Annex 7).

The Commission , CONCLUSIONS.

J Having examined the petitions relating to the incident which occ urred, at Lataki<l: on

hanuary 29th, 1933, a nd having taken cognisance of the mandatory Power s observations

t ereon · Doe~ not consider tha t these petitions call for any special action on the part of the Council. -'Th . ·

, T e page n~n~bers following each title are those of th~ ~linutes of the sess10n. • . . . .. b. b . he Commtsston recommends that copies of those petit tons and the mandatory Powers ob:scn auons thereon

It It ha · . d b Co "I ~hGtlld s not _thought necessary to annex to its ~linutcs. and which consequent~y a re not transmttte. t? t e unc1 • thelll. be depostted in the League of Nations Library and thus placed at the dtsposal o f persons wtshtng to consult

(d) Petition, dated june 28th, 1933, from the President of the " Association des Etudiants arab de Geneve " (document C.P.M.r441) (pages 66-67, 105, 120). es Observations ~y the French Government, October 23rd, 1933 {document C.P.M.14.8) Report (see Mmutes, Annex 8). ::> •

CONCLUSIONS. The Commission , Having taken cognisance of the complaints contained in the second part of the petition

da ted J une z8t~, 1933,_trom the " Association des Etudiants arabes de Geneve ",and in vie1;.

of the observatwns which the mandatory Power has been good enough to communicate to it on the subject :

Regards the petition of the " Association des Etudiants arabes de Geneve " as unfounded

(e) Petition, dated February nth, 1933, from M. Sami Sleem {document C.P.M.1450) (pages 67, 104, I20-I2 I ).

Observations by the French Government, dated October 17th, 1933 {document C.P.M.1450).

Report (see Minutes, Annex g).

CONCLUSI ONS.

The Commission, having considered the petition from M. Sami Sleem contained in his telegram of J anuary 5th, 1933, a nd his letter of January gth, 1933, together with the mandatory Power's observa tions thereon, dat ed October 17th, 1933, considers that the allegations containeil in the petition do not warrant any recommendation to the Council.

(f) Petiti on, tmdated, frorn Mme. Amine el Halabi (document C.P.M.1452) (pages 67, r o8-rzr).

Observa tions by the French Government, da t ed October r 8th, 1933 {document C.P.M.1452).

Report tsee Minutes, Annex ro).

CONCLUSIONS.

The Commission, having examined the petition from Mme. Amine el Halabi and the mandatory Power's observa tions thereon, considers that no action should be taken in regard to that petition.

(g) Petitio·n , dated September rst, 1933, front Mme. Hasiba Mahomet el Mousri (document C.P.M.1455) (pages 67, 105, I2I-I22).

Observations by the French Government, dated October 19th, 1933 (document C.P.M.1455).

Report (see Minutes, Annex n).

CONCLUSIONS.

The Commission, having examined the petition from Mme. Hasiba Mahomet el ~1ousri, dated September rst, 1933, and the mandatory Power's observations thereon, considers that no action should be taken in regard to it.

Cameroons under French Mandate.

Petition , dated August nth, 1929, from N gaka Akwa, Theodore Lobe Bell and Other Chiefs of Duala, a1td Petition, dated September 5th, 1930, signed by M. M anga Bell (document C.P.M.u86) (pages 38-39, 70, 122).

Observations by the French Government, dated June 5th, 1931 (document C.P. l\L n 86). Report (see Minutes , Annex 12).

CONCLUSIONS.

The Commission, having examined the various petitions relating to the allotment ?f l~n~ on the Bali plateau and the French Government's observations thereon , considers that, In v!e11

of these observations and of the fact that all opposition to the allotment of this land seems to have ceased, no action should be taken on these petitions.

Togoland under French Mandate.

(a) Petition, dated February 13th, 1933, from M. Sosuvi, of Denu (Annex r3a, document C.P.M.I385) (pages 52-SS , IOS, 122, IZJ, I28-I29).

Observations by the French Government, dated July roth, 1933 (Annex 13b, document C.P.M.1433).

- 139 -

'b) Petitiot~. dated A ugttst 15th, 1933. from the " Bund der Detttsch T ogolii1zder ,. comnumicati1tg l the Text of a Telegram dated February 8th, 1933 (Annex 13c, document C. P.M.1445)

(pages sz-ss. 105, 128-129).

Observations by the French Government, dated October IIth, 1933 (Annex 13d, document C. P.M.1445).

Report (see Minutes, Annex 13e).

CONCLUSIONS. The Commissio n,

Having examined the petition signed Sosuvi and dated at Denu (Gold Coast) Februa ry 13th, 1933. and the petition sig ned Ag boka and others a nd dated at Accra (Gold Coast) Aug ust rjth, 1933. together with t~e obser vations relating thereto forwarded by the ma nda tory Power;

After hearing the detailed account by the ma ndatory Power- both in writing a nd verbally -of the incidents which occurred at Lome in J anuary 1933. their causes a nd the measures which were subsequently taken :

Notes that, in the circumstances, the local authorities of the mandatory Power took such measures as the maintenance of public order in the territory seemed to render necessary;

Considers that the a bove-mentioned petitions call for no special action on the part of the Council.

Islands under Japanese Mandate.

Petitions, dated September 3rd, 1931, and April 28th, 1932, from M . Kashichiro Masakiyo, acft'ng for M . Wan Cablera (documents C.P .M.1271 and 1297) (pages 70, 129-130).

Observations by the J apanese Government, dated November 9th, 1931, and Sep tember 5th, 1932 (documents C.P .M.r271 a nd 1297).

Report (see Minu tes, Annex 14).

CONCLUSIONS. The Com missio n,

Having examined the petitions of September 3rd, 1931, and April 28th , 1932, submitted by M. Kashichiro Masakiyo, acting for M. Wan Cablera, together with the ma ndatory Power's observations thereon ;

Having no effective means at it s disposal which would enable it to form an opinion on this controversy :

Considers that no action sho uld be taken on the petitions, since the petitioner has not yet exhausted the legal remedies which a re open to him.

South West Africa.

(a) Petitions, dated March 5th and June 8th, 1933.from M. W. Eichhoff (docume nts C.P.~i.1437 and 1438) (pages 70, 130-131).

Observations by the Government of the Union of South Africa, dated ~lay 19th and j uly rsth, 1933 (documents C. P.M.1437 and 1438).

Report (see Minutes, Annex 15).

COKCLUSIONS. The Commission, Having examined the petition of l\I . Eichhoff, dated .March sth, 1933. together with his

supplementary letter o f J une 8th, 1933. and the comme nts of the ma ndatory Power upon them:

Requests t he Council to invite the attention of the Mandatory again to th~ re~ommendation ~a~e by the Co mmission a t its last session, and aceepted by the Counctl, 111 regard to. a ~~-mtlar petition from the sa me petitioner ; and, in particular, to the h_ope _expres~ed t~at, In

. tew of the circumstances described, " the mandatory Power may fmd tt posstble, 10 t~~ Interest alike of the petitioner and of the H ereros, to purchase the farm for the purpose stated ·

(b) Petition, dated April 24th, 1933 , from M.A . Bergmann (document C. P.M.1435) (pages 7°• I 3I).

(d Observations by the Government of the Union of South Africa, dated July r8th, 1933 ocument C. P .M.I43S).

Report (see Minutes, Annex 16).

CONCLUSIONS.

a The Commission, having examined the petition of M:. Bergmann , dated Ap~~ 24th, 1933. nd the observations of the mandatory Power thereon, considers that the petlhon does not

call fo . r any recommenda tion to the Council.

II. PETITIONS REJECTED BY THE COMMISSION AS OBVIOUSLY I NADMISSIBLE OR TRIVIAL.

Syria and the Lebanon.

Petition, dated May 14th, 1933, from M. Mahmoud Wehbe, Editor of the Newspaper EJ Ittihac (document C.P.M. 1453) (see Minutes, pages 68, 1 04).

Togoland under French Mandate.

Petition, dated February 5th, 1933, from M. Sosuvi, of Denu (Gold Coast) (document C. PJ! 1386) (see Minutes, pages 105, 128) .

II.

COMMENTS OF THE ACCREDITED REPRESENTATIVES SUBMITTED IN ACCORDANCE vVITH SECTION (e) OF THE CONSTITUTIOX

OF THE PERMANENT 7\fANDATES COMMISSIOK.

A. CAMEROONS UNDER BRITISH MANDATE.

LETTER FROM THE ACCREDITED REPRESENTATIVE, DATED NO\'EMBER 14TH, 1933.

I have the honour to acknowledge the receipt of your letter of November 8th, enclosin~ an advance copy of the observations of the Permanent Mandates Commission as a result of the report of the administration of the Cameroons under British mandate.

I have certain comments to make on those observations :

I. Economic Equality.

I think that I pointed out to the Commission that there a re no tin mines in the Cameroon~. I understand, h owever, that t he quest ion really refers to the policy of Government as regard' the Nigerian mines. The question is therefore being submitted to Government lor consideration.

2. Liquor Traffic.

I informed the Commission that the situation in regard to illicit distillation is regarded by Government with considerable anxiety, and that all steps at present possible are being take.r. to deal with the matter. I understood, however, that the view taken by the Commissi?n I' that the difficulty might be met by a reduction of the duties on imported spirits. As I pro~1sed this Yiew will be submitted to Government for consideration; but the suggested solution Js no< wit hout objections, and the duties would probably have to be very considerably reducerl before the effect, if any, would be perceptible.

( Sig"ed) W. BuCHANAN-SMITH.

B.

The accredited representatives for I raq, Syria and the Lebanon, Cameroons and Togola; d under French mandate, Togoland under British mandate, Ruanda-Urundi, the Islands un ~; J apanese mandate and \¥estern Samoa have stated that they have no comments to ma on the observations contained in the report of the Permanent Mandates Commission.

- 141 -

Index to the Minutes of the Twenty-fourth Session of the Mandates Commission

ABBREVIATIONS

Cttee. = Committee Kgd. = l{ingdom Govt. = Government Parag. = Paragraph P.M.C. = Permanent Mandates Commission

Administrations

Purchase of material by, see that title

Annual Reports of Mandatory Powers

See under Mandatory Powers

Assembly of League

Resol. Oct. 7, 1933 re work of P.M.C., reference to . . . . . . . . . . . . ..

.~ssyrians

See 1111der Iraq, Minorities

Cameroons under Britis h Mandate Adamawa districts . . . Administration

t l

16, If

Dir<:ct . . . . . 16, 17 ~abve . . . . . . . . .. 14-15, 15-16, 1c-1 7 Re-organisation :method and object 14-15,

Sta ff: activities, number and native 15-17

. staff . q, r 6, 23,24 Agnculture . . . . . . . . . . . . . . . . r9, 20, 23, 24, 25 .\lcohol and spmtl> . . . . . . . . . . .. . 25. r 34. 140 Annual report, 193 2

Date ofreceipt. . . .. . 12 Examina tion . . . . . . . . q -27 Observations of P.M.C. . . . . . . 70, 134

Comments of accredited representa-tive . . . . . . . . . . . . . . . . . . . . . 140

State ment by accredited representa ­tive, see below tmder Representa ­tive, etc.

Arms, etc. :importation . . . . . . . . 1.1

Bamenda Division and Bamendas r 7. 2 r Cinematograph : policv re . . . . . . 2 5 Customs duties .... . :. . . 19, 20, zs. 134. 140 Demographic statistics . ... . . . . . . . . 2f, 26-7 Documents forwarded by mandatory

Power . . . .. 109 . . .. 20, '34 · 140 Econom!cequality ..

Econom1c questions Timber concessions . 2 1. 2 3 Tracie de pression. consequences and

effect on native~ . q, 21 ~~ucarion . . ... .. .. . q. 18, 24-5 •nancc, public

~atiYe treasuries. .. . 15, 16, 19 ReYenue and expenditure . 19. z4, 25 Situation . .. .. 19,21

. !a~ation . . . . . . . : r 4. 19-20, z3 F•shmg tndustry, establishment of . . z 1 Forest reserves z 1

Frontier betwee~ -C~~e~~ns ·u~dc; French n:'andate and Cameroons under Bri -tlsh mandate 19 H I . . ...

1 ea th. public . . . . . . . 18, 22, 25, z5-6. 134

1mport~a nd exports . . . . 19, 20, 2r nd~s.tnaldeve lopment . . . . . . . . . 17

kudlcJalorganisation . . . r;. r6. 21-2,26 ~btu district. .. . .. . .. .. : .. 17 Lab our conventions applied to territory . . 17

our, porterage, forced Ia bou r. rates, unemployment .

Lal n_d tenure by natives eg•slation

~Ia · · · · · · · · · ~[- rnage, d ivorce, etc. · lnerals ~lissions ·

22-3 26

Xative . children ation ...

15 , 17, r8, 20, 25. 26, 109 . r6, r8, z6 . 20, 134. qo

15, 16, r8, 2-z, 23-4 . 'Z4 : custody and reform -

17

Cameroons under British Mandate (continued)

Native handicraft and industrieg a nd marketing of . . . . . . . . . . . . . . . . 23, 2-1

Pagans and Mohammedans : customs and . administrative functions .. . 16, r8, 21 , z-1

Rellg10n .. . . . . .. .. . . .. . . . r5, r8 Representative, accredited, of mandatory

Power . . . .. . .. . .. . . . . . . 131 Comments on observations of P . .M.C. qo General statement by Capt. Buchanan-

Smith . . . . . . . . . . . . q-15 Roads and communications zo. 21 , 23 Slavery . . . 22

Women, situation of . 15, r;-r8, 134

Cameroon s under French Mandate

Administration Expenditure 3-1· 35 Historical survey of ten years of

mandate inserted in 1932 report, allusion to . 35

of Kirdis . . . . . . . . 37 Native co-operation, rcorga nisa tion of

system . 35· 37. 38-9 Staff

Number and reduction of sala ries . . Tours in country and learning of

native languaf'rC Agriculture

Bananas Cattle .. Cocoa . . . Coffee . .... . .. . Credits and Agricultura l Mutu<1l

Credit Bank European Export bounties Native . Palm oil, etc. Syndicates

Annual report, 1932

-13

35. -1 1

35 39 34

34· 4' 35

Date of receipt. r 2 Examination r2, 33-46 Obsen·a tions of P.:II.C. 104, 135

Comments of accredited represcnta­tiv~> . l..fO

34 .p-3

42 22 , 35 • . p . 46

.. 45· 135

Printing expenses Arms and ammunition Army . .. Child welfare . Cinematograph Customs, see below Imports, etc Dem ogra phi c s ta tis tics . Documents forwarclcd by ma ndatory

Power . Duala, see below Petitions, from certain

Duala Chiefs Economic equality . Economic situation

in relation to Crisis . Prices of goods .

Education

TIO

of sons of Chiefs . . . . . . . Educational films . . . . . . . Elementarv .. Female . · . Subsidies for missions . . . . . . . ..

37.43· 44 45. 135

44 H-.'i

38 Equivalence of de_g~ees in ~elation to

practice of med1cme, question of -Finance, publi c

Bank of \'Vest Africa : Ap-eement between French Govt. and Bank •P

142 ·-

Cameroon s under French Mandate ( conti­mud)

Finance, public ( c011t inued) Budgetary system . . .. ... .... · · 41 , 135

~~:i~io·n·. si-~c·e . ; 9~ ~: . · ;e·t~~~~~ti~~ 35

table . . . . . ...... . ..... · ·. 41 Reserve fund . . ... . .... . ... · · · 41 Revenue a nd expenditure . . . . 34, 35· 38, 41 Subsidies ............... 35. 38, 39, 135 Taxation . . . .... ... · · · · · 34· 39

Fisheries . . .... .. . .. . .. .. · . 42 Food shortage in )landara, see below

Kirdis F ron tier between Cameroon u nder British

mandate and Cameroon under French mandate . . . . . . . . . . . . . . 19

Game shooting ....... · · · · · . .p, 43 Hea lth, public . . . . · . .. . ..... · 35. 43· 45-6 Import and export b ou nties and reve nue 34, 39,

41, 135 j udicia l organisation .. .. . · ... . . 35. 3;>· 7· 42, 43 [(ird is, adminis tratio n of t nbe a ncl asslst-

ancetochi ldrcn ......... . . 22, 37.41 Labour and unemployme nt . ..... ·. · . · · 34, 44 Lann tenure . . . . ....... 46, 135

See also belo;;..•, Petit ions Legis! a tion 3-1. 35 . 39, 40, 42, -13. H · 45· 46. I 1 o.

I22 , I35 >Iarriagc a nd polygam y . · 18, 43 ) fines 46 ~I is~ions . 38. 43. 44 Nali"r"

Ch1e fs, authority of . . 38, 43 Customs, n1ti\"<': codification . . 35, 35 ·7· 43 D:! \'elopmrnt of na ti\·c populations :

rf.)Je Of mi~~IOIH . 38, 43 Education. sa that title above Land tenure

Su also bl'low Pe titions "Kati \·e la w : book on, published by

a German . . 37 Women, situation. . . . . . . 15, 1 7-r S, 38, 43

Pagans ancl :Moha mmeda ns: customs and administrati\'<.' fun ctions ...... 36. 37. 38

Pe titions from cer ta in Duala Chief~. including

Kga ka Akwn. Aug. rr, 1929, and !\f. l\"langa Bell, Sept. 5 . 1930 D iscussion . . . . . . . . 37· 38-9 Observations of

Ma nda t ory P ower . P.>l.C .. •..

Report by :'>1. Rappard Adoption a nd tex t . ..

P risons and pe nalties P u blic works . Railways .

!22, 138 122, 138

. . ;o. r zz .p 35

Re ligion . . . . . ..... . Representati \·e, accredited, of ma ndatory

34 -14

Power . 33· 13 2 Statement bv )£.Besson . 34·5, 46

R u bbcr, compensat ion for .. 35, 39 Slaverrandslavetrade ..... - .. .. . 22, 4 1,.p Spiri tuons liquors . -1 5 Traffic in women . . . . . . -1 z Veterina r y measu res .... . . . . . . . . . . ..Jl

Catastin i, V. (Director of )la ndates Com­mission) Statement on work of Section 1 1-1 2

Cine matograph

Influence on peoples of non -Western men­tali ty a nd civilisation Ad op tion by C ou nci I of conclusions

of P. l\LC. . .. . . . . 11 Film s exhibi ted in various territories, mea~ures ta ke n re 25 , 45. so. 58, 86, go,

101 , 135

Commission , Perman ent Mandates

Chairman Report on pe tit ions rejected under

Ar ticle 3 of Rule-s of Procedure re peti tions . . . . . . ro 8, II 3 · q

. peech at opening of session (su r vey of decisions, etc .. re rna nda tes• ques-tions s ince 23rd sessio n . . . . . r r

Tribu te to . . . . . . . . . . . . . . 108

Commission, Permanent Mandates ( couft. meed)

Compe tence of, see tmder Iraq, Minorities. Assyrians

Members present and absent at 24th session 9, 1z

Observations on administration of terri. tories and petitions, see tmder the territories concerned

Publicity of meetings . . . ·. · · · · ·..... 131 Rapporteurs . . .

Discussion of questiOn, 10 relation to procedure re rejection of petitions .. 13, 14

Fresh distribution of work among, o wing t o a bsence of German mem-ber . . . . . · · · · · · · I 2, 46, IOj

Report t o Cou neil, see below m tder 24th ses-sion

Representa tion at Counci l . .. .. .. .. 11 , 108 Rule 5 of Rules of Procedure, see Petitions,

Procedure re, Discussion 23rd session

Rer.ords Index: publication .. . . ... . Minutes. date of publication

24th session Agenda

11

I I

Adoption . . . . . . . . . . . . . . . . . . . 1 z T ext ....................... . 111-13

Close of se!'sion . . . . . . . . . . . . . . . . 10 · )1em b<>rs

Absence of l.erman member and fresh distribution of work . . 12, 46, II•)

List . . . . . . . . . . . . . . . . . 9 11

Ope ning o f session : s peech by Charr· ma n .... II

Pro.,.ra mme of work . . . . . ..... . .'\1in~tes, see below 1111der Records

I~

Records Annexes >1inutes

••••••••. . IOIJ·~O

Date of publication . . . . . . . . . . 10 Inclusion of certain items con-

cerning Iraq . . . . . . . . . . . . . . 6Q Text . . . ........ ....... li · IOS

Re port to Council . 10~ Adopbon ... · · · · · · · ·

8 Publication . . . . . . . . . . . . . . . . . ro Text ................ . ..... . . . lJ!·-l~

.?5 th session : dat~ of . . . . . . . . . . . . . . . . . 1o

Conventions applied in Mandated Terri­tories

Application of Labour Conventions to Ca meroons under British Mandate · · ·

T a hies rei a ting to hila tera~ conventions Adoption of conclusrons of P.i\I.C.

by Council . ......... ... ..

Council of League

\Vork as rega rds rna nda tes ..... .

Documents a nd Publications concern­ing Mandates

II

II

II Diffusion :work of Ma nda tes Section · ·. · · r ist of docu ments forwa rd eel to Secreta nat

• 1 [ ! OO· il by rna ncla t ory Powers .. ·

Economic Equality

in Rcla t ion to purchase of ma teria l by ad minis trations of mandated tern· tories, see Purchase of material. etc.

See also tmder the territor ies concerned

Iraq

Annua l report by ex-mandatory Power, see below Report of United Kgcl ., etc.

. . . JO. ,11 Army: a chv1bes ........ . .. · : . · Assyria ns, see btlow 1mder Mmont1es Ba h.ai a ffa ir

3_,

Compete nce of P .M.C. r_e .. .. · · · y Council : _recommenclahons · · · · ·

69, 131

Obse rva tions of P .M.C ...... · · · · · Se ttlement : ne~otia tions between . g.o. ~"

Ba ha i and Govt . · · · · · ·. { Statement by representa tn·r 0 _,~.3

U nited Kgd. . Ba rza ni , see below under Kurcl!' !U

Bridge bu ild ing

I43 -

Iraq ( colllim1ed)

Documents forwarded by mandatory Power .... · · . · · · · · · ·

Education · · · · · · · · · : · · · · Expropriation~ see above ilahat , etc. Finance, pubhc

Customs duties re fund to Jm~rial Airways Ltd . . .

Frontiers

109 33

33

I I

33 Syrian. . . . . · · · · · : · · · · Trans- jordan boundary hne ... -.. .

Independence and ~ague ~em~_rship in relation to question of mmonttes, etc. 27, 28,

29, 30,33·69 Insurrection, see below Kurcls. Har7.a ni Judicial organisation ... · . · · · · · · · · · · · l(urds . .

Rarzani: intervention of Royal Atr Force in repression of movement . . 30-1

Surchi tribe of Agra : incidents in connection with . . . . . . . . . . .

)Jajnwirtribei~cident .: ... .. .... ..... . )faturity, pohtlcal, a llusiOns to ........ . 'linorities

J l 31

· Assyrian community in Iraq Competence of P.M.C. in matter . . 27, 28,

29. 31.32,69 Council activities and statement of

Chairman of P.:\1.C . .... 27, 28, 29, 32 Discussion .. . . . . . . . l7, 28, 29, 31-2 Eventsofjuly , 1933 . . . ~s );!egotiations of Committee of Coun -

cil and Iraqi Govt . . . . . . Settlement proposed by ? .M.C. and

attitudeofrepresentatl\·cof Iraq 27-8. J2 Statements by accreditcdrc present-

a tive ofex-mandatoryPower . 28,29. 30, 31-2

Sub-Cttec. of Council: s tatements made by representative of P.M.C. 27, 28

Petitions. see abot•e Assyrian comm u-nity . .

Petitions from Assynan commumty, see above Minorities, Assyrian community, etc.

Public works . . . . . . . . . . . . . 29, 32 -3 Report of United Kgd . on administration

for period j an . t -Oct . 3· 1932 Date of receipt . . . . . . . . . . . 12

Examination . 12. 30·3 Observations of P.~I.C. . . 68-9, 133

Comments of accredited representa-tive .. . . r4o

Procedure re examination . . 28-9 Representative, accrNiiterl, of U nited Kgd.

and statements 12, 28. 29, 30, 32-3, 33. 68, 132. 133

Restlessness among sections of popula tion 3 I Surchi t ribe, see abot•e u11der Ku rds Ya1.idis, sec abot•e Restlessnes!', e tc.

Islands und er J a p a n ese M anda t e

.\gricultu re . . . . . . Alcohol, production and trade Annual report, 1932

Date of receipt . 1 1

Examination 88-95 Observations of P.M.C. 105. 136

Comments of accredited representa -tive . . .

Cinematograph . Communication mea u::. of c ' opra ..... . . . . . . . Demographic s tati::.tic:;, see below under

Population

qo 90

89.93 8q

Documents forwarded by mandatory Power . . . . . . . . . . . . . . . . . . . rro

Economic situation: imports, exports ... 89,95 Education . . . . . . . . . . . . . . . . 93. 93·-1 Fin a nee, pu bite

Budget, framing of . . 89 Re\'enue ami expenditure S9, go, C)O·I Taxation . . . . . . 89

F~heries.. . 89 rea]~h. publtc go, 91, 92, 93. 9-t· 136 mo:u~ration, ja p&nc~.: .... 9 1, 92, 136 ~dtcla) organisation and penalties qo

anakas of Yap 90 labour . 92, IJ3

Islands unde r J a panese Mandate ( coll/i­nued)

Land tenure, see belo<•' Petitions, from l\I. Kashichiro .\la~akryo

Languages . Legislation 9-t

110 ) l ines . Missions . . ~atives

~\). 1)0,9!

93 Chiefs :powers and rnfluence of Ex propria lion for debt Habits, customs .. Labour ... Under-feeding ; dtct . Welfa re

8b 93

\)0, 9 1. 9!

92,93 1)0, yt, 92, 9-t

)\fumber of tnhabitcd and uninhabtted island;;

Petitions from M. I<ashichiro .\Iatiakiyo, Sept. 3.

1931, and April 28, 19 32, on behalf of M. W an Cablera, inhabita nt of Saipan Island 0 bserva tions of

90·1

88

Manda tory Power P.M.C . . ." .

Report by :\1. Van I<cel-> Adoption and text

Phosphates ..

· l 30, 139 . 130, 139

Population

;o. 129-30 89.9!

Decrease . Demogra phtc srau:.ttc~

90,91,91·3, 136

Ports of Saipan , etc.: organisatton and question of na,al ha,e

Prisons . . Public work:,

<)I

95 90

8<1.93 OJ Religions . .

Representatiw, Power

Sugar

accredttecl, ot nr.tnda ton· . R8. IJ!

~. ,. go, q .z. <>4

Ken ya

L'nion admint'itratr,·e. customs and fiscal. with Tanganyika. sre Tanganyika. l'nion. etc.

Leagu e of Nation s

Assembly, sec that I iiii

Lebanon

S ee Syria a nct the Leba non

Mandates Co mmission, Permanent

See Commission. Permanent ~Ia n,lat~~

Manda tory Powers

Annual reports Obsen ·a tions of P.).I.C. rc reports

examined at 23rd sc~sion: commu -nication to m .. IH.a tory Pow~ rs . r t

S ee also 1111d.r t, l.lr:: •. rr,' r ,zanud Purchase of materia l by. sa Purchase of

material by A :nun=,tr t ions, etc. Representath·v,, ac r~<! iud. St< /1111/ til/,•

Min u tes of Sessions of P ermanent :\1andates Commission

See under Commis:sio~. etc .~ .ZJrd session, Records. awl .:: ; t 1 o.;~s"on. Records

Musinga. Mwami

See Ruanda l'rundi, ~ntiv<>s . :'llwa mi, c>tc.

Natives

Hope expressed by Asse mbly tha t native populations migh~ be s par~d conse­quences of economic depresston .....

See also under the territorii's concerned

Palestine a nd T r a n s - .Torda n

Jew:; p · · f Immigration , see below etltlons, rom :\1. D. \Va rwar, e~c.

:s'ational home, Jewtsh · · · · · · · · · · ·

IT

I I

144 -

Pa lestine and Trans-Jordan ( co?ltimud)

Pe tit ions from General Secretary of Arab Inde­

pendence Party, :'11. Auni Abdul Hadi, jerusalem, l\Iay 25, 1933 Postponement of examination . . . 105 Rapporteur : appointment . . . . 46

from :'II. D. \Varwar, Presideuc of "Sociedad palestino-arabede Cuba" :\lay 18, 1933 Postponement of exami nation pend­

ing arrival of mandatory Power's observations . . . . .. .. .. .. . .. 105

Rejected . . . . . . . . . . . . . 1 13 Policy of rna nda tory Powers, see a buve

Petitions. from General Secretary, etc.

Tr:tns-jordan: frontier boundary line between Iraq and . . . . . . . . . . . . . . . 33

Pet i t ions

Article 5 of Rules of Procedure: interpre-tation .. .. .. .. .. .. .. . . . . .. 13. I 14-15

Communic:t tion of certain petitions to Council and Members of League, discretionary powers of P.M.C., see above Article 5 of Rules of Procedure, etc.

Conclusions of P .M.C. repetitions examin-ed at 23rd session, adopted by Council 1 1

Distribution of petition!' among members _ of P.:'II.C... . . . . . 12, 40, 105

from Inhabitant:. of territories under mandate or other persons, see below Procedure re

Observations on petitions to include indi-cation re personal status of petitioner 5-I

Proced u re re Discussion 12- • 4 Note by Chairman

Discussion, see above Discussion Text . . . . . . . . I 14-15

Sub-Cttee. re study of question Appointment . .............. 14, It5 Formula proposed by 69-70

Rapporteurs: discussion in relation to procedure re rejection of petitions . . . . 13. 14

Rejection List of petitions re jected in accordance

with Article 3 of Rules of P rocedu re R eport by Chairman . . . . . . . I oS, 113-14

Powers of Chairman and P .M.C. re, see above Procedure, etc.

See also Petitions under the countries cot~cerned

on Subject already dealt with containing no new argument. right of rejection , ;ee above Procedure Yi'

Purc hase of M a t erial by Administra­tion s of T e rritories under A and B M andates

Principle of economic equality applied to 1 T

Re port of P erma n ent M andates Com­mission

Set Commission, etc., 24th session, Report

Re presentatives , Accredite d , of Manda ­tory Powers

Comments on observations of P.M.C. . . . . qo Lists .. . ............... . ... ... 9. 131-2

Ru a nda Urundi

Administration Commissioner-general : powers and

duties . . . . . . . . . . . . . . . . . . . . . . 75 Districts: re -grouping . ...... 71-2, 73, 135 Native . ... . . ............. . 71, 72, 73, 74 Purchase of supplies . . . . . . . . . . . . . 76-7 Staff: land tenure . . . . . . . . . . . . . . . . 88 Terminologyreadministrativeacts. . 75

Affores tation . . . . . ......... . ....... 75. S2 Agriculture

Cattle . . . . . . . . . . . . . . . . . . . S2 Compulsory cultivation ...... 72, 74-5, 136

Ruanda Urundi ( conti11ued)

Agrit.ulture ( co11ti1med) Crops . . . . . . . .... 72,74-5. 77 8

1.,

Development in relation to crisis . 77, 7s. 8; Pasturages . . . . . . . . . . . . b! Training, agricultural . . . . . . . . ~·,

Alcohol, etc. . . . . . . . . . . . . . . . . . . . . . Annual report, 193l

Dateofreceipt .......... 11

Examination 70·~ Observations of P.l\l.C: . . . to~. 135 .• , Comme nts of accredited representa-

tive ............ . Children

Child welfare . . . . . . . . . . . . . . . . ~~ Imprisonment ..... ·...... ~3 Unemployment . . . . . . . . . oo

Cinematograph, absence oi . . . . . . . . . . . . . M, Customs union between Belgian Congo and 81, , 3,, Documents fo rwarded by mandatory

Power . . . . . . . . . . . . . . . . . . . . 110 Drainage . . . . . . . . . . . . . ·. · · · · . · · · . i5 Drought . . . . . . . . . . . . . . . . . . . . . . . . . . . . l>2 Drug consumption . . . . . . . . . . . . . . . 87 Economic equality . . . . . . . . . . . . . . . . . . . 76·7 Economic situation and development .. 78, 79, 81 Education . . . . . . . . . . . . . . . . . . . . . . 7 z, 86·; Famine : measures re ..... 72, 74. 77, So, 82, 136 Finance, public

Budget system Sb Debts and loans .. . . . . n-'6, ]8-9, 79·80, IJ6 Revenue and expenditure .... So, 8r, 84. b6 Situation . . ... 77, 78, 79, So, 81,136 Subsidies . . . . . . . . . . . . . . . . . . . . So. sc.. Taxation . . . . . . .... 72, 74, 79, So, 81, 85

Fisheries . . . . . . . . . . . . . . . . . . . . . . . n. 83·4 Frontiers

Eastern : Convention re . . . . . . . . . . . ;5·6 Frontier t r ibunal!. . . . . . . . . . . ;6

Health, public . . . . . . . . . . . . . . 83, 86, 87, 136 Imports and export:, . . . . . . . . . . . S1, 82 judicial organisation and penalties 73, 74· 76, 83,

8;

Labour, compulsory labour, porterage, · prestation. piece -work ... . So, 8r, 8~-5. 136 Land tenure . . . . . . . . ..... 85, 88 Legislation .. 7I,75.77.83,8.J, 85,8i Locusts. . . . . . . . . . . . . . . . . . . . . . . 82 Marriage and polygamy 81 Midwives, training of . . So Military defence force . . . . . . 84 Mines . . 78, 79, 79-So, 82, ~~ Missions .. .. .. .. . .. ... . 86, 87. Natives

Chiefs Chiefdoms and sub-chiefdoms :

organisation, etc .. . . .... 71, 72, So. St Deposition, question of . ]I, 72. n i5 Education of sons . . . . . . .. iZ, 73 Selection, powers, etc. . . . 72, i3· 73·4

' 3 Customs . . ~11 Emigration . . . . . . So, 8-t·s. ~ Mwami Musinga, activities of the former .

and of his successor ............ · i4? Resources and handicrafts . . . . . . So, 85. ~c Sultanates and sultans .. . 71, 73. 74• 74·5, - ~ Watutsi ... · · · · · · · · · ;z.SJ

Police . . b 4 Prisons · _ _ -{ Public works . . . . . . . 7°"1•

0 Railways . Represe ntative, accredited, of mandator~· ,

Power . . . . . . . . . . . . . . . . 13· Statement, reference to, by l\1. Hale- _

1 SS

wyck de Heusch . .... · · · · · · · · · ~ ' "_; Roads . . . . . . . . . . . . . . . . . . . . So, Sr, 2 •

Territorial districts : delimitation and re- . grouping ... .. .. . . 7r-2,7J. 1 ~~

Tours of inspection . . . . . . . ....... · · · 74· ~~ Unemployment . . . · · · · · · · ·. · · 6 -· VVaterways: r iparian rights, convent1on rr 7 · 1 '

Samoa, Weste rn

See Western Samoa

S ec reta ria t, M anda tes Section

Statement by Director on work .

145 -

.south west Africa

\griculture Farmer: complaint re loss of cattle,

see below Petitions, from 1\I. W . Eichhoff

Debt, puhlic . . . . Ptritions

from )1. A. Bergmann, April 24, 1933

79

Ob~erva tions of )1andatory Power . P. :vr.c. ... . ... .

131, 139 . .... .. 131 , 139

Heport by Lord Lugarcl .\doption and text . . . . . . 70, 131

from;\!. W. Eichhoff. Okamatangara , :\larch 5. June 8, 1933 Observations of

)fane! a tory Power . . . . 1 30, 139 P.M.C. . . . . . . . . . . . . . . . . 130-I, 139

Report by Lord Lugard .\doption and text . . . 70, 1 30-t

from Rehoboth Community, March 29. April 5 . 1933 Adjournment i>! examination

Rehoboth~, see abovl' Petitions. etc.

Statist1cal Informatjon concerning ~fandated Territories

Ta!Jles: publication ancl distrihution of rPVi~<'cl coition . . . . . . . . . . . . . . I I, 12

Srria and the Lebanon

.\ rlministrat ion Criticisms, sn below

Petitions, from "Association syrien­ne de Toulou!'e " nnd f . Sami Sleem

Lebanon : suppression of corrupt practices Obsen rations of P.M.C ........ · · · · I 33

Su bdiYisions, administrative .. 02-3.64,65 . \laouites a nd Sunnites at Latakia; dis­

turbances among, see below Petitions, from Inhabitants. etc.

Annual report, 1932 Exa mination and proced11rc l' e . . 59-60,

6o-S, 107 Observations o( P.l\l.C'. .. . . lO.j, 107, 133

Com ments of accredited reprcsenta-tiYe . .

Statemen ts by accredite1l representa­tive, see below 1111dtr Repre~entatin•, etc.

Const itution of Syria Art icle r 16, allusion to . Equality of rights for nil . vnans

under Observations of P .:\I.C . . .

Co\'enant, Article 22, parag. 4 . su below Independence. etc .

Documents forwarded h\' rna ndaton· Power . · .

Expulsion of i\1. Ha made from Da mascm . F1nance. public

Repayment of Ottoman Debt, see below Petitions, from " Association des ttudiants arabes de Geneve "

Forestry . . . . . Frontiers : Iraq frontier

qo

62,6-t

133

IOQ

67

133 1 I

Independence a nd capacity for self.go,·ern-ment . 62, 64, 106, 107. 116, II], II8, 137

Jebel Druse :autonomy 62. 63. 11 7, rtS Latakia ·

Autonomy . . . .. . .. .. .. 62. 63, II], 118 lncide ntsat . . . . . . . . . . 68

l.ebanon Constitution : suspe nsion 62, 64 Preparatory period pending termina-

l.e . hen of mandate, question of 63 ~1 g1slation . 11, 68, 109, 115, ll], 118, 121. 133 · andatc

Articles 1 and 8, allusions to . . 117, IIS Evolution . 116, II 7

See also above 1 ndependence, etc .. 1111d below Political questions, ~utonomy, e tc.

Termtna tion : minontics questions in relation to . . . . 62 , 65 . 106. I 18

Syria and the Lebanon ( co11 l iuucd )

~Iandatory Power (continurd)

)!andatory Power Policy followed by IH, 62-3, 116 Refusal of national ists to co-operate

with Success in task undertaken: w1sh of

P.)LC. )farriage . ~linorities .

S ee also abot•e )Ia ndat<: . Termtnauon :\lissions

Religious propaga n<la Observations of P.l\I.C. , specia I

101J, I 1 II

hj, 12 ' ro;

IH See also above 1111der Annual report

Organic Law of Syria and the Lebanon Provisions and entrv into force 11 ;- r l:)

Petition!'; • from "Association des etudia nt~

arabes de Gencve ", june 28, 1q33 (repayment of Ottoman Debt) Discussion Observations of

Mandatory Power P.M.C. .

Report by i\1. Ha ppard

llO, 138 llO, 138

Adoption and text . 105, 120 from " Association syrienne de Tou ·

louse •·. l\Iay 30, .July 3 1, ' <>33 Discussion Observations of

b;, ()8

;\>fandatorvPower 115,137 P.)l.C. •. 115, 137

Report by Count de Penha Garc1a Adoption and text . . 104, 1 15

from Alaouites rt autonomy and public functions, su belo« rr Poli · tical organisation, etc .. Dic;cw,sion , etc.

from ).1me. Amine e l Halab1 (rearrest of Farez el )la lek at Da mascus) Discussion . Obsen·ations of

Manda tory Powe r P.~I.C . .

121, 138 Ill , 138

108. 121

Heport by M . Palacios Adoption and text

Dealing with future policy Procedure re 59, 6o See also below re .l:'olitical orgamsa-

tion, etc. . from )lme. Hasiba l\ lahomet cl :\lou~n .

Sept. r, 1933 (rearrest of sister) Discussion Observations of

Mandatorv Power P.M.C. . .

1Zl,138 122, 138

Report by :\L Palacio~ Adoption and text . 105, tll-2

from I nhabitants of Latal·oa , Hom,, Hama. Aleppo. jan. 30 .a.nd 31 , Feb. 3 and 5. 1933 (six petitions) Discussion . Observations ot

)!andatory Power P .)l.C . . . .

119, '37 120, 137

Report by )1. Ore, Adoption and te~t . 1.o8, 11 9 -20

from Leaders of mbc and rcl~g~ous Leaders of Alaouites (re reh~t?liS propaganda), see bel~w re ~oht1ca l organisation, etc., D1scussto!l

from 1\f. Mahmoud \\'ehbe, echtor of " El Ittihad ", :\lay I 4. 1933 Discussion . · 67 · 68 Rejection . . . . r.o., . 140

from Notables of La takta Orthodox Community, Feb. 22, 19~3, . see below re Politic a I orga msa t10n . Discussion .

re Political organisatio~ .of Syna and the Lebanon (22 petitions) . Discussion and informatto.n g1ven

by accredited representa tive 59,65-6, I17

Ob>crvations of Manda tory Power P.)l.C . . .

Report by ~1. Rappard. Discussion and adoption Text . .

. 105, II6- r 7 I05-6, II9, 137

105-7 116-19

Syria and the Lebanon (continued)

Petitions ( cont·inued)

from M. Sami Sleem, Feb. rr , 1933 Discussion ....... . .. ... . ... . .. . Observations of

Mandatory Power . ..... .. .. 121, 138 P.M.C . .. . . ... . .... .... ... . 121, 138

Report by Count de P~:nha Garcia Adoption, amendments and text. 104,

1'20- J Rejected . . .... ...... ... . 104, 113-14, qo

Political questions Autonomy and unity, claims re.. 62, 63, 6-t.

65 , 66, 67, 106, 106-7, I 17, liS, 137 See also above Petitions re Political

organisation Futu re policy, petitions dealing with

Procedure re, see above Petitions, Dealing, etc.

Political organisation, see above Petitions, re Political organisa­tion

Parties, collaboration with mandatory Power, question of . . . . . . . . . ... .

Petitions re political organisation of Syria and the Lebanon, see above Petitions, re Political organisation, etc.

Situation in 1932 . 61-2, 64, 65, 67, 107, 133 Press, liberty of . . . . . . . . . . . . . 67, 68, ro-t. r r 5 Religion

Constitution of Syria , provisions re Observations of P.M.C. . . . . . . . ..

Conversion and reversion to former faith . ....... . .. ... . . .... .. . . . .

Propaganda mission among Alaoui tes : suppression demanded

133

66

Compatibility of request with provisions of mandat e . . .. . ...... 59. 66

Representative, accredited , of mandatory Power ...... . ........ . M. de Martel, absence of . . Statement , general, re petitions, poli-

tical questions. etc .

132 6r

Requestfor . .......... 59-60, 60-1, 133 Statement by .M. de Caix . ... ...... 6r-2,

62-8 (passi-m) Succession rights . . . . . . . . . . . . . . . . . . . . . r r Termination of mandate, see above 1'nder

Mandate Treaty negotiations between rna ndatory

Power and Syria . .. ... .. 62, 64, 65 , II7-18 Women, position of . . . . . . _. . . . . . . . . . . . 67 . 12 I

Tanganyika

Finance, public Debt, public .. . ...... .. .. . . .. .. .. .

F rontiers between Ruanda Urundi and Tan-

ganyika ..... .. ...... _ .. . .... . Native chiefs :system . .... . .......... . Union ; closer administrative customs and

fiscal union with Kenya and Uganda Council observations re and request

for information addressed to man-datory Power . . .. ........ . ... . . .

Discussion by Assembly .... .... .. . Waterways : riparian rights. convention

re .. ... . . .. . ... .... . .... . ... ... .

Togoland under British Mandate

Administration

79.80

75-6 73.74

II

I I

76,77

Application of Gold Coast and Ashanti laws to territory . . . . . . . . . . . . . . . 48, 134

of Krachi Division, native . . . . . . . . . . 48 Reorganisation and inauguration of

new regime . . . . ....... .. .. . 47, 47-8, 49 Compatibility of reorganisation with

mandates system . . . . . . . . . . . . . . . 47-8 Services, maintenance under new

regime ... . .. ... . ... ....... .. . . Staff

Taxation ... .... . .... . ...... . . . Adultery, see below Natives, moral condi­

tions Agriculture

Cattle . ... ... .. . ........ . . .. . .. . . Cacao . ...................... . . . . Co-operative system ...... . . .. . .. . Cotton ..... .. ... . .. . .. . .... . . . . .

49

49

so 49.51

51 51

Togoland under British Mandate (continued)

Annual report, 1932 Date of receipt . ... _ ........ . Errata . . . . . . . . . ... . Examination . . . . . ... . .. . . · · · · Observations of P.M.C. . . . . . :: · 7~ ii-5:

Com?lents of accredited represent-' 3-h ative ... ......... ..

Arms and a m munition .. . . ....... . Cinematograph . ....... .... . Customs duties on alcohol . . . . . . . . . . Documents forwarded by mandatory

Power . . . . . . . . . . . . . . . . ...... . Economic situation .... . . . .. . ..... . Education . ...... . ......... . Finance, p ublic

Deficit and subsidies . .. .. . T axation . . . . . . . ........... . .

Frontier, see below Petition. from Chief, etc.

HJ eda_lth,1public . .... .. .. .. .. .. ..... .. 51 . IJ.i

u rCia orga rusa t10n . . . . . . . . . . . . . . 4s ·o Labour system and emigration . . . . . . . . jr}.1 Land tenure . . . . . . . . . . . . . . . . . . . . . . . J•• Legislation . ..... . ..... 47. 48, 49, 50, tro,t j1 Liquor consumption a nd prod_u~t.ion . . .. 51, IJJ Mandates system, compahb1hty with

. administr8: t i ve re-organisation . . . . . . 4 ;-~ Mmmg concessrons ... ..... . . .. . . .. . l\<lissions . . ... Natives

Land tenure ... . . . .... . .. . 1Vloral conditions of .... .... ...... . Participation in administ ration .. Tribunals . ... ... ..... .... . .. .

Non-mandated areas, amalgamation with northern States, see above Administra­tion, Compatibility, etc.

Northern section of territory Application of Jaws to . ... . .. .. . . . 48, 131

Petitions from Anku Satchie, Sept. 25, 1932

Non -receipt of . . . ..... . ... .. . .. . from Chief and inhabitants of Woame

April 4, 1933 (Togoland under F rench mandate) Discussion . . . . . . . . . . . . . . . . . 52 , 39, IOJ Observations of mandatory P ower,

question of .. . .... ... : . . . . . . . 51 Postponement of decision . . . . . . . 101

Railways . . . . . . . . . . . . . . . . . . . . . . . . 49, 51 Representative, accredi ted, of mandatory

Power . . . . . . . . . . . . . . . . . . . . . . . . . . 132

General statement by Mr. Cardinali .. 4i· j! Roads

Construction .... .. . ..... ...... . Transport : development ...... .

)0

19

Southern section of territory ApplicationofGolct Coastlawsto .. 48,131 Postponement of putting into force

r of new regulations in ....... . Status of territory . . . . . ...... ... . Veterinary measures . ... . ....... . . .

Togoland under French Mandate

Administration Council of notables: activities ...... · 5)

1 23 , J2 ~l, J!5

Agriculture Crops . . . ..... . Promotion of native .. .

Annual report, 1932 Date of receipt ..... . Examination . . . . . . . . . r2 ,5!·' Observations of P.M. C. . . . . . . . . I O-f, I)j

Comments of accredited represent- , ative . ... . .. ............ . · · · 1:~

Armed forces . . . . . . . . . . . . . . . . . . . 52, 53· 1 :~ Arms and ammunition . . . . . . . . · · · · S ~-Cinematograph . . . . . . . . . . . . . .. . . ... 5 • 1 :~ Colonial exhibition :liquidation of expenses ) Customs relations between Togo and

Dahomey Statement of mandatory Power

contained in 1932 report, noted by j ) P.M. C . . ... ........ · · · · · · · ·. 5s.>j

Demographic statistics . . . . . . . . . . . · · Documents forwarded by mandator)' no

Po\ver .... . .. . . . .. . .. .... ... · · · ·

147 -

rogo!and under FrenC'h Mandate ( C011ti­

. n!llti}

. . . . . . . .. .. 55· 135 .. 5 z, 56

. . . . . . . . . . . . . 57-8, 135

Economic e~uali.ty Economic s1tuabon Education · · · · · · · · · Finance, public

Budget, form of .. 56, 135 Budgetary reduction . 52 Revenue and expenditur<' 55, 56, 57,58 Subsidies . . . . . . . . . . . . . . . . . . . . . . . . 56 Taxation 52, 53, 53·-t. 55. 56, 57. 123.

125-7 (tables) Ser also below Petitions, re Lome

incidents Frontier .. ...... · . . . . . . . . . . . . . . 5 z, 59, I 04 Health, public . . . . . . . . . . 55, 56, 58, I26, 135 Imports and exports .............. .52, 56, I35 Judicial organisation ; penalties . . . . . . . 53·5. 56 Labour, labour pres lations and wages . 56, 57, 58 Land tenure . . . . . 58 Legislation . . . . . . . . . . . . . . . .. .. 5R, I IO, 135 J.iquor production and effect in territory;

imports . . . . . . . . . . . . . . . . . . . 56. sS, I 35 Lome incidents, Jan. 24 a nd 25 and Feb.

J , 1933 Arrest of agitators and penalties

imposed . . . . . . . . .. 53, 54 , 12 .~ French troops, calling on .. . 52. 53. 124. 125 Happenings in Jan. and Feb. 1933.. . rz-t-5.

125 History of, as stated by mandatory

Power .. Individuals and groups responsible

for incidents .. . . . 53, 54. 123, 124, 125 Petitions

Question of origin of . . . . . . . . . 54, 55 See also below Petitions, rc Lome

incidents Statement by accredited rt>prescnta-

tative . . . . . . . . . . . . . . . . . . . . . . . . 52, 53 Mandate, petition re termination,

See below P etitions, re Lome incidents, from M. Sosuvi

)larriage, polygamy . . . . . . . . . . . . . . . . . . 57 ~lissions . . . . . . . . . . . . . . . . . . . . . . . . . . 57. s8 Xatives

Moral conditions of . . . . . . ..... .. . Reprisals ......... .. ......... . . . . Taxation, see above Finances, Taxation

Petitions from Chief and inhabitants of Woame,

see under To~oland under British mandate, Pehtions

re Lome incide n ts from " Bund der Deutch Togol:Ln­

der" Aug. 15, 1933 Observations of

57 55

Mandatory Power . 128, 139 P.M. C. . . . . . . . . . . . . . . . . 129, 139

Relevant documents.... ... 128 Report by M. Orts

Adoption and text . . . . . . 105, 128-9 from M. Sosuvi, Gold Coast, Feb.

5, and 13 1933 Observations of

Mandatory Power. . . . . . . 123-5, 138 P.M. C. . . . . . . . 129, 139

Rejection of petition of Feb. 5, 1933 ... . ... .. .

Relevant documents Report by M. Orts . Adoption and text . . . . 105, 128, 129

R (_)ngin of petitions, question of . . . . 54, 55 I' . CJCcted petition . . . . . . . . . . . . . . . qo ~~cs of goods, fall in . . . . . . . . . . . . . . 52, 54, 57 R 1 ways :construction and finances . . . . 55 eprescntativc, accredited, of mandatory

Power To Gene~a l.~t~t~~~;lt .by M.'B~~~~~ ; · 132

52, 59 124, 125 U ur of l\liss10n of I nspcction . . . . . ...

nrest, see above Lome incidents

U ganda

Native Chiefs : sy::.tem .. Union, administrati\'f', cu,.,tom-> and fisca·I

wit? Tanganyik:~, sr, Tangan\'ika. Umon, etc. ·

74

Western Samoa

Administration European<>. attitudt.• of certain, towa rd-: <18 Legislative Council

Activities and relations with nat h·e Advisory body.

Native member!> . . ... .. )rative advisers, activi ties and rela-

tions with Legislath·e Council .... Natives: relations with administra-

qq

tion . . . . . . . . . . . . 98, <to, 102 Sta.ff: recrui ting and term o f ~en· icc . 99

Alcohohc beverages and consumption of . 97 . r <>.! Annual report, l93.Z-I 93.~

Date of receipt . . . Examination Form of . . . . . . . Observations of P.l\J. C. . Comment~ of accrecliled

tativc .. .. Arms and ammunition B~.nanas

I r 9.)-IO\

fl.), Qo, 101 ro8, 136·7

repre!:>cn-140 IOI

Chinese labour immigr11tion . . . . . Coinage :import a nrl <'xport prohibition . Concession"

<}7, r oo IOI

99. 10 l 95

<)6, 100 Copra . . .. ...... . Crimes decrease in . Customs duties

Export . Import ........ .

Demographic statistics. .. . . . . . . . . ... . Documents forwarded by ma ndatory

97

97. 100 95. 96

103

Power . . . . . . I 11 Economic equality . 95 Economic situation . . 96, 102 Education . . . o7. qq, roz, 103 Emigration . . . . . . . . . . . . . . . . . . . . . . . . . 103 Estates, former German, exploitation of . . I03 Faipules, see above Administration, n<>th·e

advisers Finances, public

Chinese Benevolent Fund, Overhead Fund. . . . . . 101

Debt, public..... .. . . . . . . . . . 96, 100 Grouping of items in report . g6, roo P ost Office Savings bank 96 Revenue and expenditure .. g6, 100, 102, 137 Ta xation . . . 95, 95·6, 96, 97, 100

Health, public . . . . . . 96, 97, 102-3, 137 Imports and exports .... . . . ... . ... g6, 99. roo Infant mortality and child welfare .. 97. 102, 103 Judicial organisation ;~nd penalties .. . . . 97, 100 Labour . . Q/, 99, 101, 102 Land tenure· 95, roz, 103 Language . . 99 Legislation . . . 97. qtl, 99, 101. III Mau, activities of · 98, 99 Mines . . . 95 :.\lissions . . . . . . . . . ........ . 97, 102, 103 )lelson , :.\lr., return and activities . . . . . . . 98 Police ... . . . . . . · · · · · · · · · · · · 97 Political situation and distu rbances . 97, 98, 99,

Public Trust Office, New Zealand .. . .. . . 137 IOO

Representati,·e, accredited, of mandatory Power . . . . . . . . . . . . ...... · 13.l

95•7 103 101

. . . . 97·8, 136

Statement by Sir Thomas Wilford Tribute of P. 1\f. C.

Shipping. .. . .. Status of inhabitants Territory, status of . . . . . . . Treaty invoked by Samoa.ns . · ..... : .... · Unrest in, sec above Poht1ca l 51tua l1on, etc. Vagrancy ...... · .. \Velfa re of popula t1011

97 99

!0(

103