P F Tinmore
Diamond Member
- Dec 6, 2009
- 78,868
- 4,376
P F Tinmore, et al,
Wrong. The document called the "Mandate for Palestine" is an official commission to perform. It is a legal instrument.
(COMMENT)The bottom line, Rocco, is that the Mandate was to assist Palestine to independence and "there should be applied the principle that the well-being and development of such peoples form a sacred trust of civilisation."
It draws a very distinct difference between the issue of "Jewish National Home" --- and --- "civil and religious rights" (alla 1922) of existing non-Jewish communities. It should be interesting to note that the Mandate for Palestine, as the principle legal directive for that formerly belonged to the Turkish Empire, --- within such boundaries as may be fixed the Allied Powers, --- does not use the word "independence" even once in the entire 28 Articles Mandate and the Preamble; let alone stipulate that it requires the Mandatory to "assist Palestine to independence."
The intent of Article 22 of the Covenant, is to render administrative advice and assistance to "certain communities" (NOTE: not all communities --- nor is it singling out the existing non-Jewish communities) to the extent and until such time as --- they are able to stand alone. It is clear that Trans-Jordan, a portion of the territory to which the Mandate is applied, was provisionally recognized in the Mandate as a
Certain communities formerly belonging to the Turkish Empire have reached a stage of development where their existence as independent nations can be provisionally recognized subject to the rendering of administrative advice and assistance by a Mandatory until such time as they are able to stand alone.
(COMMENT)BTW, the Jewish Agency was an adviser to the mandate and served at its pleasure subject always to the control of the Administration. It had no legitimate function after the termination of the Mandate.
You, of all people, do not have the right to determine the scope and nature of the mission, function and duties of the Jewish Agency. The Jewish Agency, as a "public body" (an organization whose work is part of the process of government, but is not a government agency) is beyond the reach of the Arab Palestinian in either criticism or critique. The Administration of Palestine by the Mandatory had within its authority the ability to contract with the Article 4 Jewish Agency arrangements to construct or operate, any public works, services and utilities, and to develop any of the natural resources of the country. On termination of the Mandate, pursuant to Part I -- Section B Steps Preparatory to Independence --- Paragraph 4, General Assembly Resolution 181(II), --- the UN Palestine Commission shall
4. The Commission, after consultation with the democratic parties and other public organizations of The Arab and Jewish States, shall select and establish in each State as rapidly as possible a Provisional Council of Government. The activities of both the Arab and Jewish Provisional Councils of Government shall be carried out under the general direction of the Commission.
An appropriate Jewish agency shall be recognised as a public body for the purpose of advising and co-operating with the Administration of Palestine in such economic, social and other matters as may affect the establishment of the Jewish national home and the interests of the Jewish population in Palestine, and, subject always to the control of the Administration, to assist and take part in the development of the country. (Article 4 - Mandate for Palestine)
While it is true that the Jewish Agency would no longer have a responsibility to the Mandatory once the Mandate terminated, it is the case that the scope and nature of the mission, function and duties of the Jewish Agency would be an assumed responsibility of the Provisional Government of the State of Israel. It is the for the Israeli Government to determine the future of the agency; not an external influences associated with the Hostile Arab Palestinians and Powerful Arab interests, both inside and outside Palestine, which are defying the resolution of the General Assembly and are engaged in a deliberate effort to alter by force the settlement envisaged therein.
Most Respectfully,
R
Wrong. The document called the "Mandate for Palestine" is an official commission to perform. It is a legal instrument.
Not wrong. The Mandate flopped so Britain kicked the can down the road to the UN.
"We have tried for years to solve the problem of Palestine. Having failed so far, we now bring it to the United Nations, in the hope that it can succeed where we have not. If the United Nations can find a just solution which will be accepted by both parties, it could hardly be expected that we should not welcome such a solution. All we say—and I made this reservation the other day—is that we should not have the sole responsibility for enforcing a solution which is not accepted by both parties and which we cannot reconcile with our conscience."11/
Of course Britain could not solve the problem. Britain was the problem.
The UN had two proposals:
1) The termination of the Mandate over Palestine and the declaration of its independence.
2) The partition of Palestine.
One would conform to international law, the LoN Covenant, and the rights of the people.
Two had no legal basis and partition was suggested 10 years earlier and was rejected.
Hmmm, what to do - what to do???