ANNEX V TEXT OF A "C" MANDATE: JAPANESE MANDATED ISLANDS MANDATE FOR THE GERMAN POSSESSIONS IN THE PACIFIC OCEAN The Council of the League of Nations: Whereas, by Article 119 of the Treaty of Peace with Germany signed at Versailles on June 28th, 1919, Germany renounced in favour of the Principal Allied and Associated Powers all her rights over her oversea possessions, including therein the groups of islands in the Pacific Ocean lying north of the Equator; and Whereas the Principal Allied and Associated Powers agreed that in accordance with Article 22, Part I (Covenant of the League of Nations) of the said Treaty a Mandate should be conferred upon His Majesty the Emperor of Japan to administer the said islands and have proposed that the Mandate should be formulated in the following terms; and Whereas His Majesty the Emperor of Japan has agreed to accept the Mandate in respect of the said islands and has undertaken to exercise it on behalf of the League of Nations in accordance with the following provisions; and Whereas, by the afore-mentioned Article 22, paragraph 8, it is provided that the degree of authority, control or administration to be exercised by the Mandatory, not having been previously agreed upon by the Members of the League, shall be explicitly defined by the Council of the League of Nations: Confirming the said Mandate, defines its terms as follows: ARTICLE I. The islands over which a Mandate is conferred upon His Majesty the Emperor of Japan (hereinafter called the Mandatory) comprise all the former German islands situated in the Pacific Ocean and lying north of the Equator. ARTICLE 2. The Mandatory shall have full power of administration and legislation over the territory subject to the present Mandate as an integral portion of the Empire of Japan, and may apply the laws of the Empire of Japan to the territory, subject to such local modifications as circumstances may require. 1L.N. Document 21/31/14E; Terms of League of Nations Mandates, Republished by the United Nations, October, 1946, No. 11. The Mandatory shall promote to the utmost the material and moral wellbeing and the social progress of the inhabitants of the territory subject to the present mandate. ARTICLE 3. The Mandatory shall see that the slave trade is prohibited and that no forced labour is permitted, except for essential public works and services, and then only for adequate remuneration. The Mandatory shall also see that the traffic in arms and ammunition is controlled in accordance with principles analogous to those laid down in the Convention relating to the control of the arms traffic, signed on September 10th, 1919, or in any convention amending same. The supply of intoxicating spirits and beverages to the natives shall be prohibited. ARTICLE 4. The military training of the natives, otherwise than for purposes of internal police and the local defence of the territory, shall be prohibited. Furthermore, no military or naval bases shall be established or fortifications erected in the territory. ARTICLE 5. Subject to the provisions of any local law for the maintenance of public order and public morals, the Mandatory shall ensure in the territory freedom of conscience and the free exercise of all forms of worship, and shall allow all missionaries, nationals of any State Member of the League of Nations, to enter into, travel and reside in the territory for the purpose of prosecuting their calling. ARTICLE 6. The Mandatory shall make to the Council of the League of Nations an annual report to the satisfaction of the Council, containing full information with regard to the territory, and indicating the measures taken to carry out the obligations assumed under Articles 2, 3, 4, and 5. ARTICLE 7. The consent of the Council of the League of Nations is required for any modification of the terms of the present mandate. The Mandatory agrees that, if any dispute whatever should arise between the Mandatory and another Member of the League of Nations relating to the interpretation or the application of the provisions of the Mandate, such dispute, if it cannot be settled by negotiation, shall be submitted to the Permanent Court of International Justice provided for by Article 14 of the Covenant of the League of Nations. The present Declaration shall be deposited in the archives of the League of Nations. Certified copies shall be forwarded by the Secretary-General of the League of Nations to all Powers Signatories of the Treaty of Peace with Germany. MADE at Geneva the 17th day of December, 1920. ANNEX VI CONSTITUTION OF THE PERMANENT Approved by the Council on November 29th, 1920 The Council of the League of Nations, in accordance with paragraphs 7 and 9 of Article 22 of the Covenant, namely: In every case of Mandate, the Mandatory shall render to the Council an Annual Report in reference to the Territory committed to its charge. A permanent Commission shall be constituted to receive and examine the Annual Reports of the Mandatories, and to advise the Council on all matters relating to the observance of the Mandates. has decided as follows: (a) The Permanent Mandates Commission provided for in Paragraph 9 of Article 22 of the Covenant, shall consist of nine Members.2 The majority of the Commission shall be nationals of non-Mandatory Powers. All the Members of the Commission shall be appointed by the Council and selected for their personal merits and competence. They shall not hold any office which puts them in a position of direct dependence on their Governments while members of the Commission. The International Labour Organisation shall have the privilege of appointing to the Permanent Commission an expert chosen by itself. This expert shall have the right of attending in an advisory capacity all meetings of the Permanent Commission at which questions relating to labour are discussed. (b) The Mandatory Powers should send their annual report provided for in Paragraph 7 of Article 22 of the Covenant to the Commission through duly authorised representatives who would be prepared to offer any supplementary explanations or supplementary information which the Commission may request. 1 Text from League of Nations, Procès-verbal of the Eleventh Session of the Council Held at Geneva, Fourteenth November to Eighteenth December, 1920, pp. 90-91. It is practically identical with the text in the Official Journal, I (1920), pp. 87-88, with the exception of paragraph (d), which contains an amendment added by the Council on December 1, 1920. See Procès-verbal of the Eleventh Session, pp. 15, 19. 2 Increased to ten members with the entry of Germany in 1927 (Official Journal, VIII [1927], p. 1120). Professor W. E. Rappard was appointed by the Council in 1924 as "extraordinary member" and continued to sit until the last meeting of the Commission in December, 1939.-AUTHOR'S NOTE. (c) The Commission shall examine each individual report in the presence of the duly authorised representative of the Mandatory Power from which it comes. This representative shall participate with absolute freedom in the discussion of this report. (d) At the end of this discussion, and after the representative of the Mandatory Power has withdrawn, the Commission shall decide on the wording of the observations which are to be submitted to the Council of the League. (e) The observations made by the Commission upon each report shall be communicated to the duly authorised representative of the Mandatory Power from which the report comes. This representative shall be entitled to accompany it with any comments which he desires to make. (ƒ) The Commission shall forward the reports of Mandatory Powers to the Council. It shall annex to each report its own observations as well as the observations of the duly authorised representative of the Power which issued the report, if the representative so desires. (g) When the Council publishes the reports of the Mandatory Powers and the observations of the Permanent Commission, it shall also publish the observations of the duly authorised representatives of those Mandatory Powers which have expressed such a desire. (4) The Commission, acting in concert with all the duly authorised representatives of the Mandatory Powers, shall hold a Plenary Meeting to consider all the reports as a whole and any general conclusions to be drawn from them. The Commission may also utilise such a Meeting of the representatives of the Mandatory Powers to lay before them any other matters connected with Mandates which in their opinion should be submitted by the Council to the Mandatory Powers and to the other States Members of the League. This Plenary Meeting shall take place either before or after the presentation of the annual reports, as the Commission may think fit. () The Commission shall regulate its own procedure subject to the approval of the Coerci The Commission shall sit at Geneva. It may same technical expers to act in an advisory capacity for all questions relating to the applicaPow of the sistem of Manars (4) The Members of the Corm so su reive 17 Lovince of 100 gold Francs per day Janng ther Meetings! Their mavelling expenses shall *** Speses of the Commission stat de borne by the Lengte of Na ANNEX VII RULES OF PROCEDURE OF THE PERMANENT MANDATES COMMISSION 1 Whereas, in conformity with Article 22 of the Covenant, the Permanent Mandates Commission is entrusted with the duty of receiving and examining the annual reports which the Mandatory Powers shall render to the Council in reference to the territories committed to their charge, and of advising the Council on all matters relating to the observance of the mandates; And whereas, by the provisions of the Constitution of the Permanent Mandates Commission, which was approved by the Council on December 1st, 1920, the Commission is instructed to draw up its own Rules of Procedure, subject to the approval of the Council; Now therefore the Commission adopts the following provisions for its Rules of Procedure, subject to the above-mentioned reservation: RULE 1. The Permanent Mandates Commission will assemble in ordinary session at least once a year, at the seat of the League of Nations, as a rule in the second half of June. It will meet for extraordinary sessions at the request of one of its members, on condition that this request, which should be addressed to the Secretary-General and submitted by him to the other members of the Commission, be approved by the majority of these members and by the President of the Council of the League. The Mandatory Powers and the President of the Council shall be informed, at least one month in advance, of the dates of sessions. RULE 2. The Permanent Mandates Commission shall consist of nine members, as laid down by paragraph (a) of its Constitution.2 The International Labour Organisation may detail an expert, selected by itself, to sit on the Permanent Commission. This expert shall be entitled to attend, in an advisory capacity, all the meetings of the Permanent Commission at which questions connected with the labour system are discussed. RULE 3. At any meeting, six members shall constitute a quorum. All decisions of the Commission shall be adopted by a majority of the votes of the members present at the meeting. In case of equality of votes, 1 The text is that approved by the Council on January 10, 1922, with amendments approved December 12, 1923, and March 5, 1928. L.N. Document C.404(1).M.295 (1). 1921.VI., and Official Journal, IX (1928), pp. 497-98. 2 By a Council resolution of 1927 the membership of the Commission was increased See above, Annex VI, n. 2.-AUTHOR'S NOTE. to ten. |