THE PASSFIELD WHITE PAPER PALESTINE ISRAEL
Statement of Policy by His Majesty's
Government in the United
Kingdom
I. The Report of
the Special Commission, under the Chairmanship of Sir Walter Shaw, which was
published in April, gave rise to acute controversy, in the course of which it
became evident that there is considerable misunderstanding about the past
actions and future intentions of His Majesty's Government in the United Kingdom
in regard to the administration of Palestine. It was realized that the
publication of a clear and full statement of policy, designed to remove such
misunderstanding and the resultant
uncertainty and
apprehension, was a matter of urgent importance . The preparation of such a statement,
however, necessitated certain essential preliminary steps which have inevitably
delayed its completion.
The Report of the
Shaw Commission drew attention to certain features of the problem, which, in
the opinion of His Majesty's Government, called for prompt and full
investigation, in view of their important bearing upon future policy. It was
therefore decided to send to Palestine
exposition of the
situation in Palestine
Considerable
pressure has been brought to bear upon His Majesty's Government to anticipate the
receipt of Sir John Hope Simpson's Report by a declaration of policy, but,
while appreciating the urgent need for as early a declaration as possible, His
Majesty's Government felt bound to adhere to their decision to await
the receipt of Sir
John Hope Simpson's Report, especially having regard to the evidence which was
accumulating as to the extreme difficulty and complexity of the problem and the
need for the
fullest
investigation of the facts before arriving at any definite conclusions.
Sir John Hope
Simpson's Report has now been received, and the present statement of policy has
been framed after very careful consideration of its contents and of other
information bearing
upon the Palestine
2. In a country
such as Palestine, where the interests and aims of two sections of the
community are at present diverse and in some respects conflicting, it is too
much to expect that any declaration of policy will fully satisfy the aspirations
of either party. His Majesty's Government have, however, permitted themselves
to
hope that the
removal of existing misunderstandings and the more precise definition of their intentions
may go far to allay uneasiness and to restore confidence on both sides. It will
be the Endeavour of His Majesty's Government, not only by the present statement
of policy but by the administrative actions which will result from
it, to convince
both Arabs and Jews of their firm intention to promote the essential interests
of both races to the utmost of their power, and to work consistently for the
development, in Palestine
of a prosperous
community, living in peace under an impartial and progressive Administration.
It is necessary,
however, to emphasize one important point, viz., that in the peculiar
circumstances of Palestine
designed.
It is unnecessary
here to dwell upon the unhappy events of the past year and the deplorable conditions
which have resulted from them. His Majesty's Government feel bound, however, to
remark that they have received little assistance from either side in healing
the breach between them during the months of tension and unrest which have
followed on the disturbances of August 1929, and that to the difficulties
created by the mutual suspicions and hostilities of the two races has been
added a further grave obstacle, namely, an attitude of mistrust towards His
Majesty's Government fostered by a press campaign in which the true facts of
the situation have become obscured and distorted. It cannot be too strongly emphasized that on the establishment of better
relations between Arabs and Jews depend the future peace and prosperity of the
country which is
dear to both races. This is the object which His Majesty's Government have constantly
in view, and they feel that it is more likely to be attained if both sides will
willingly cooperate with the Government and with the Palestine Administration,
and Endeavour to realize that, in the discharge of their mandatory obligations and
indeed in all their relations with Palestine, His Majesty's Government may be trusted
to safeguard and promote the interests of both races.
3. Many of the
misunderstandings which have unhappily arisen on both sides appear to be the result
of a failure to appreciate the nature of the duty imposed upon His Majesty's
Government
by the terms of
the Mandate. The next point, therefore, which His Majesty's Government feel it
necessary to emphasize, in the strongest manner possible, is that in the words
of the Prime Minister's statement in the House of Commons on the 3rd April
last, "a double undertaking is involved, to the Jewish people on the one
hand and to the non-Jewish population of Palestine on the other."
Much of the
agitation which has taken place during the past year seems to have arisen from
a failure to realize the full import of this fundamental fact . Both Arabs and
Jews have assailed the Government with demands and reproaches based upon the
false assumption that it was the duty of His Majesty's Government to execute policies
from which they are, in fact, debarred by the explicit terms of the Mandate.
The Prime Minister,
in the statement above referred to, announced, in words which could not have
been made more plain, that it is the intention of His Majesty's Government to
continue to administer Palestine League
of Nations .
"That" said Mr. Ramsay MacDonald, "is an international obligation
from which there can be no question of receding." In spite of so
unequivocal a statement,
the hope seems to
have been entertained that, by some means or other, an escape could be found
from the limitations plainly imposed by the terms of the Mandate . It must be realized,
once and for all, that it is useless for Jewish leaders on the one hand to
press His Majesty's Government to conform their policy in regard,
for example, to
immigration and land, to the aspirations of the more uncompromising sections of
Zionist opinion . That would. be to ignore the equally important duty of the
Mandatory Power
towards the
non-Jewish inhabitants of Palestine
On the other hand,
it is equally useless for Arab leaders to maintain their demands for a form of Constitution,
which would render it impossible for His Majesty's Government to carry out, in the
fullest sense, the double undertaking already referred to. His Majesty's Government
have reason to think that one of the reasons for the sustained tension and
agitation on both sides has been the creation by misguided advisers of the false
hope that efforts to intimidate and to bring pressure to bear upon His
Majesty's Government would eventually result in forcing them into a
policy which
weighted the balances in favor of the one or the other party.
It becomes,
therefore, essential that at the outset His Majesty's Government should make it
clear that they will not be moved, by any pressure or threats, from the path
laid down in the Mandate, and from the pursuit of a policy which aims at
promoting the interests of the inhabitants of Palestine, both Arabs and Jews,
in a manner which shall be consistent with the obligations which the Mandate
imposes.
4. This is not the
first time that His Majesty's Government have endeavored to make clear the nature
of their policy in Palestine London
of the Organization
would be conducted in. conformity with the policy therein set forth. Moreover, in
the letter conveying the text of this Resolution to His Majesty's Government,
Dr. Weitzman wrote:
"The Zionist Organization
has, at all times, been sincerely desirous of proceeding in harmonious co-operation
with all sections of the
people of Palestine
The experience of
the intervening years has inevitably brought to light certain administrative defects
and special economic problems, which have to be taken into account in
considering the welfare of all sections of the community. Nevertheless, the
statement of policy, issued after prolonged and careful consideration in 1922,
provides the foundations upon which future British policy in Palestine
5. Apart from
proposals for the establishment of a Constitution in Palestine
(a) The meaning
attached by His Majesty's Government to the expression "the Jewish National
Home," which is contained in the
Mandate.
On this point, the
following passage may be quoted from the 1922 Statement:
"During the
last two or three generations the Jews have recreated in Palestine a community,
now numbering 8o,ooo, of whom
about one-fourth
are farmers or workers upon the land. This community has its own political organs
; an elected assembly for the direction of its domestic concerns ; elected
councils in the towns; and an organization for the control of its schools . It
has its elected Chief Rabbinate and Rabbinical Council for the direction
of its religious
affairs . Its business is conducted in Hebrew as a vernacular language and a
Hebrew press serves its needs . It has its distinctive intellectual life and
displays considerable economic activity. This community, then, with its town
and country population, its political, religious and social organization, its
own language, its
own customs, its own life, has in fact "national" characteristics.
When it is asked what is meant by the development of the Jewish National Home
in Palestine, it may be answered that it is not the imposition of a Jewish
nationality upon the inhabitants of Palestine as a whole, but the further
development of the existing Jewish community, with the assistance of Jews in
other parts of the
world, in order
that it may become a centre in which the Jewish people as a whole may take, on
grounds of religion and race, an interest and a pride. But in order that this
community should have the best prospect of free development and provide a full opportunity
for the Jewish people to display its capacities, it is
essential that it
should know that it is in Palestine Palestine
"This, then,
is the interpretation which His Majesty's Government place upon the Declaration
of 1917, and, so understood, the Secretary of State is of opinion that it does
not contain or imply anything which need cause either alarm to the Arab
population of Palestine
(b) The principles
which should govern immigration.
On this point the
statement of policy continues as follows:
"For the fulfillment
of this policy it is necessary that the Jewish community in Palestine
This immigration
cannot be so great in volume as to exceed whatever may be the economic capacity
of the country at the time
to absorb new
arrivals. It is essential to ensure that the immigrants should not be a burden upon
the people of Palestine
Hitherto the
immigration has fulfilled these conditions. The number of immigrants since the
British occupation has been about 25,000.
"It is
necessary also to ensure that persons who are politically undesirable are
excluded from Palestine
It will be
observed that the principles enunciated above render it essential that in
estimating the absorptive capacity of Palestine
(c) The Position
of the Jewish Agency.
In the passage
quoted below, an attempt was made to indicate the limitations, implicit in the Mandate,
necessarily imposed upon the scope of the Jewish Agency provided for in Article
4 of the Mandate :
"It is also
necessary to point out that the Zionist Commission in Palestine, now termed the
Palestine Zionist Executive, has not desired to possess, and does not possess,
any share in the general administration of the country. Nor does the special
position assigned to the Zionist Organization in Article IV of the draft
Mandate for Palestine
That special
position relates to the measures affecting the Jewish population, and
contemplates that the Organization may assist in the general development of the
country, but does not entitle it to share in any degree in its
Government."
6. His Majesty's
Government desires to reaffirm generally the policy outlined in the 1922 Statement,
and, in particular, the three passages quoted above . On these three important
points it is not thought that anything but barren controversy would result from
an attempt further to elaborate their conceptions. It is recognized,
however, in the
light of past experience that much remains to be done to improve the practical application
of the principles enunciated in the foregoing passages, and it is the intention
of the
Government, in
consultation with the Palestine Administration, to take active steps to provide
improved machinery for meeting the requirements of both Arabs and Jews, under
these three heads. In particular, it is recognized as of the greatest
importance that the efforts of the High Commissioner towards some closer and
more harmonious form of co-operation and means of consultation
between the
Palestine Administration and the Jewish Agency should be further developed, always
consistently, however, with the principle which must be regarded as basic, that
the special position of the Agency, in affording advice and co-operation, does
not entitle the Agency, as such, to share in the government of the country .
Similarly, machinery must be provided to ensure that the essential interests of
the non-Jewish sections of the Community should at the same time be fully
safeguarded, and that adequate
opportunity should
be afforded for consultation with the Palestine Administration on matters
affecting those interests.
7. At this point
it becomes desirable to remove any ground of misunderstanding that may exist as
to the passages in the Mandate bearing upon the safeguarding of the rights of
the non-Jewish
community in Palestine
Article 2.
"The Mandatory shall be responsible for placing the country under such
political administrative and economic conditions as will secure the
establishment of the Jewish National
Home, as laid down
in the preamble, and the development
of self-governing
institutions, and also for safeguarding the civil and religious rights of all
the inhabitants of Palestine
Article 6.
"The Administration of Palestine, while ensuring that the rights and
position of other sections of the population are not prejudiced, shall
facilitate Jewish immigration under suitable conditions, and shall encourage,
in cooperation with the Jewish Agency referred to in Article 4, close
settlement by Jews on the land, including State lands and waste lands not
required for public purposes."
Article 9 .
"The Mandatory shall be responsible for seeing that the judicial system
established in Palestine
"Respect for
personal status of the various peoples and communities and for their religious interests
shall be fully guaranteed . In particular, the control and administration of
Wakf's shall be exercised in accordance with religious law and the disposition
of the founders."
Article 13-
"All responsibility in connection with the Holy Places and religious
buildings or sites in Palestine, including that of preserving existing rights
and of securing free access to the
Holy Places,
religious buildings and sites, and the free exercise of worship, while ensuring
the requirements of public order and decorum, is assumed by the Mandatory, who
shall be responsible
solely to the
League of Nations in all matters connected herewith, provided that nothing in
this article shall prevent the Mandatory from entering into such arrangements
as he may deem reasonable with the Administration for the purpose of carrying
the provisions of this article into effect, and provided also that nothing in
this
Mandate shall be
construed as conferring upon the Mandatory authority to interfere with the fabric
or the management of purely Muslim sacred shrines, the immunities of which are
guaranteed."
Article 15.
"The Mandatory shall see that complete freedom of conscience and the free exercise
of all forms of worship, subject only to the maintenance of public order and
morals, are ensured to all. No discrimination of any kind shall be made between
the inhabitants of Palestine Palestine
"The right of
each community to maintain its own schools for the education of its own members
in its own language, while conforming to such educational requirements of a
general nature
as the
Administration may impose, shall not be denied or impaired.
"On the other
hand, special reference to the Jewish National Home and to Jewish interests are
contained in Article 4:
Article 4.
"An appropriate Jewish Agency shall be recognized as a public body for the
purpose of advising and cooperating 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.
"The Zionist organization,
so long as its organization and constitution are in the opinion of the Mandatory
appropriate, shall be recognized as such agency. It shall take steps in
consultation
with His Britannic
Majesty's Government to secure the cooperation of all Jews who are willing to
assist in the establishment of the Jewish National Home."
Article 6.
(Already quoted above .)
Article 11.
"The Administration of Palestine shall take all necessary measures to
safeguard the interests of the community in connection with the development of
the country, and, subject to
any international
obligations accepted by the Mandatory, shall have full power to provide for public
ownership or control of any of the natural resources of the country or of the
public works, services and utilities established or to be established therein.
It shall introduce a land system appropriate to the needs of the country, having
regard, among other things, to the desirability
of promoting the
close settlement and intensive cultivation of the land.
"The
Administration may arrange with the Jewish Agency mentioned in Article 4 to
construct or operate, upon fair and equitable terms, any public works, services
and utilities, and to
develop any of the
natural resources of the country, in so far as these matters are not directly
undertaken by the Administration. Any such arrangements shall provide that no
profits distributed
by such agency
directly or indirectly, shall exceed a reasonable rate of interest on the capital,
and any further profits shall be utilized by it for the benefit of the country
in a manner approved by the Administration."
8. In the first
place, it will be observed that Article 2 makes the Mandatory responsible for safeguarding
the civil and religious rights of all the inhabitants of Palestine,
irrespective of race or religion ; and secondly, that the obligation contained in
Article 6 to facilitate Jewish immigration and to encourage close settlement by
Jews on the land, is qualified by the requirement to ensure that the rights and
position of other sections of the population are not prejudiced. Moreover, by
Article 11, "the Administration of
It is clear from
the wording of this Article that the population of Palestine as a whole, and not
any sectional interest, is to be the object of the Government's care, and it
may be noted that the provision for arranging with the Jewish Agency for the construction
or operation of public works, services and utilities, is only permissive and
not obligatory, and could not be allowed to
conflict with the
general interests of the community.
These points are emphasized
because claims have been made on behalf of the Jewish Agency to a position in
regard to the general administration of the country, which His Majesty's Government
cannot but regard as going far beyond the clear intention of the Mandate.
Moreover, attempts have been made to argue, in support
of Zionist claims,
that the principal feature of the Mandate is the passages regarding the Jewish
National Home, and that the passages designed to safeguard the rights of the
non-Jewish
community are
merely secondary considerations qualifying, to some extent, what is claimed to
be the primary object for which the Mandate has been framed.
This is a
conception which His Majesty's Government have always regarded as totally
erroneous. However difficult the task may be it would, in their view, be impossible,
consistently with the plain intention of the Mandate, to attempt to solve the
problem by subordinating one of these obligations to the other. The British
Accredited Representative, when appearing before the Permanent
Mandates
Commission on the 9th of June last, endeavored to make clear the attitude of His
Majesty's Government towards the difficulties inherent in the Mandate. In
commenting on his statements in their report to the Council, the Permanent
Mandates Commission made the following important pronouncement:
"From all
these statements two assertions emerge, which should be emphasized:
` (I) that the
obligations laid down by the Mandate in regard to the two sections of the population
are of equal weight;
' (2) that the two
obligations imposed on the Mandatory are in no sense irreconcilable.'
"The Mandates
Commission has no objection to raise to these two assertions, which, in its
view, accurately express what it conceives to be the essence of the Mandate for
Palestine
His Majesty's
Government are fully in accord with the sense of this pronouncement and it is a
source of satisfaction to them that it has been rendered authoritative by the
approval of the Council of the League of Nations .
It is the
difficult and delicate task of His Majesty's Government to devise means
whereby, in the execution of its policy in Palestine, equal weight shall at all
times be given to the obligations laid down with regard to the two sections of the
population and to reconcile these two obligations where, inevitably,
conflicting interests are
involved.
It is hoped that
the foregoing explanation of the nature of the task imposed by the Mandate upon
His Majesty's Government will make clear the necessity, already emphasized, for
willing cooperation with the Palestine Administration and with His Majesty's
Government on the part both of Arab and Jewish leaders.
9. The preceding
paragraphs contain an exposition of the general principles which have to be
taken into account as governing policy in Palestine Palestine
These may be
regarded as falling roughly under three heads:
(I) Security,
(2) Constitutional
development,
(3) Economic and
Social development .
They will be dealt
with in that order.
(I) Security
10. It is a
primary duty of the Administration to ensure peace, order and good government
in Palestine
Outbreaks of
disorder in the past have been promptly repressed and special measures have been
taken to deal with any future emergencies. It must be clearly understood that
incitements to disorder or disaffection, in whatever quarter they may
originate, will be severely punished and the powers of the Administration will,
so far as may be necessary, be enlarged to enable it to deal
the more effectively
with any such dangerous and unwarrantable attempts.
His Majesty's
Government have decided to retain in Palestine Palestine
It will be
recalled that Mr. Dowbiggin, Inspector-General of Police , Ceylon Palestine
Certain of his
recommendations have already been carried out, including those involving an
increase in the strength of the British and Palestinian sections of the Force
and those providing for a scheme of defense for Jewish Colonies, to which
reference was made in paragraph 9 of the statement with regard to British
Policy in Palestine
His Majesty's
Government avail themselves of this opportunity to reiterate' their
determination to take all possible steps to suppress crime and maintain order
in Palestine
in this
connection, that in determining the nature and composition of the security
forces necessary for this purpose they must be guided by their expert advisers,
and must aim at ensuring that the forces employed are suitable for the duties
which they have to carry out, without regard to any, political considerations.
(2) Constitutional
Development
11 . Reference has
already been made to the demands of Arab leaders for a form of constitution which
would be incompatible with the mandatory obligations of His Majesty's
Government .
It is, however,
the considered opinion of His Majesty's Government that the time has now come
when the important question of the establishment of a measure of
self-government in
It may be
convenient, in the first instance, to give a brief resume of the history of
this question since the establishment of the civil administration.
In October, 1920,
there was set up in Palestine
On the 1st
September, 1922 ,
the Palestine Order in Council was issued, setting up a Government in Palestine
establishment of a
Legislative Council to be composed of the High Commissioner as President, with
ten other official members, and 112 elected non-official members . The
procedure for the selection of the non-official members was laid down in the
Legislative Council, Order in Council, 1922, and in February and March, 1923,
an attempt was made to hold elections in accordance with that procedure.
The attempt failed
owing to the refusal of the Arab population as a whole to cooperate (a detailed
report of these elections is contained in the papers relating to the elections for
the Palestine Legislative Council, 1923, published as Command Paper 18 8 9).
The High
Commissioner thereupon suspended the establishment of the proposed Legislative Council,
and continued to act in consultation with an Advisory Council as before.
Two further
opportunities were given to representative Arab leaders in Palestine to
cooperate with the Administration in the government of the country, first, by
the reconstitution of a nominated Advisory Council, but with membership
conforming to that proposed for the Legislative Council, and, secondly, by a
proposal for the formation of an Arab agency. It was intended that this Agency
should have functions analogous to those entrusted to the Jewish Agency by
Article 4 of the Palestine Mandate.
Neither of these
opportunities was accepted and, accordingly, in December, 1 923 , an Advisory Council was set up consisting
only of official members. This position still continues; the only change being
that the Advisory Council has been enlarged by the addition of more official members
as the Administration developed.
It will be
recalled that, under the terms of Article 2 of the Mandate, His Majesty's
Government are responsible for placing the country under such political,
administrative and economic conditions as will secure the establishment of the Jewish
National Home and the development of self-governing institutions, and for
safeguarding
the civil and
religious rights of the inhabitants.
The action taken
with regard to constitutional development in the early years of the Civil
Administration is briefly described above.
With the object of
enabling the people of Palestine to obtain practical experience of
administrative methods and the business of government and to learn
discrimination in the selection of their representatives, Lord Plumer, who was High
Commissioner for Palestine from 1925 to 1928, introduced a wider measure of
local self-government than had previously obtained under the British regime.
Sir John
Chancellor considered the question of constitutional development on his
assumption of the office of High Commissioner in December, 1928. He consulted
representatives of various local interests and, after a careful examination of
the position, put forward certain proposals in June, 1929. Discussion of the
question was, however, suspended in consequence of the disturbances in August,
1929.
12. His Majesty's
Government have now carefully considered this question in the light of the present
stage of progress and development and with special regard to their obligation
to place
the country under
such political, administrative and economic conditions as will secure the
development of self-governing institutions. They have decided that the time has
arrived for a further step in the direction of the grant to the people of Palestine
His Majesty's
Government accordingly intend to set up a Legislative Council generally on the lines
indicated in the statement of British policy in Palestine Palestine
His Majesty's
Government trust that on this occasion they will secure the co-operation of all
sections of the population of Palestine
clear that while
they would deeply regret an attempt on the part of any section of the
population to prevent them from giving effect to their decision, all possible
steps will be taken to circumvent such an attempt, if made, since they consider
it in the interests of the population of the country as a whole that the
further step now proposed should no longer be deferred.
His Majesty's
Government would point out that had this Legislature been set up at the time when
it was first contemplated the people of Palestine
of the working of
constitutional machinery.
Such experience is
indispensable for any progress in constitutional development. The sooner all
sections of the population show a desire to co-operate with His Majesty's
Government in this respect, the sooner will it be possible for such constitutional
development to take place as His Majesty's Government hope to see in Palestine.
There are obvious
advantages to be gained by all sections of the population from the
establishment of such a Council. It should be of special benefit to the Arab
section of the population, who do not at present possess any constitutional means
for putting their views on social and economic matters before the Government.
Their
representatives on
the Council which is to be set up will, of course, be in the position, not only
to present the views of the Arab section of the population on these and other
matters, but also to participate in discussions thereon. A further advantage may
accrue to the country as a whole from the establishment of the Legislative
Council, viz., that the participation of representatives of both sections of
the community as members of the Legislative Council, will tend to improve the relations
between the Jews and the Arabs.
13 . As stated
above, the new Legislative Council will be on the lines indicated in the
statement of policy issued in 1922. It will consist of the High Commissioner
and 22 members, of whom
10 will be
official members and 12 unofficial members. Unofficial members of the Council will
normally be elected by primary and secondary elections. It is, however, in the
view of His Majesty's Government, so important to avoid the repetition of the
deadlock which occurred in 1923, that steps will be devised to ensure the
appointment of the
requisite number of unofficial members to the Council in the event of one or
more members failing to be elected on account of the non-co-operation of any section
of the population, or for any other reason. The High Commissioner will continue
to have the necessary power to ensure that the Mandatory shall be enabled to
carry out its obligations to the League of Nations , including any legislation urgently required, as well as the
maintenance of order.
When difference
arises as to the fulfillment by the Government of Palestine of the terms of the
Mandate, a petition to the League of Nations is admissible under Article 8 5 of
the Order in Council of 1922.
(3) Economic and
Social Development
14. Under this
head the practical problems to be considered are mainly concerned with
questions relating to land, immigration and unemployment.
These three
questions are intimately interrelated, with political as well as economic aspects,
and upon their solution must depend any
advance that can
be hoped for towards settled conditions of peace and prosperity in Palestine
Since attention
was drawn to these matters in the Report of the Shaw Commission, they have formed
the subject of detailed investigations on the spot by a Committee appointed by
the High
Commissioner in
April, to examine into the economic condition of agriculturists and the fiscal measures
of Government in relation thereto, and also by Sir John Hope Simpson who, on
instructions
from the Secretary
of State for the Colonies, proceeded to Palestine
settlement and
development.
15 . As a result
of these extensive and elaborate investigations, certain conclusions have
emerged and certain facts have been established which will now be set out
briefly:
(I) Land
It can now be
definitely stated that at the present time and with the present methods of Arab
cultivation there remains no margin of land available for agricultural
settlement by new immigrants, with the exception of such undeveloped land as
the various Jewish Agencies hold in reserve.
There has been
much criticism in the past in regard to the relatively small extent of State
land which has been made available for Jewish settlement.
It is, however, an
error to imagine that the Palestine Government is in possession of large areas
of vacant land which could be made available for Jewish settlement.
The extent of
unoccupied areas of Government land is negligible .
The Government
claims considerable areas which are, in fact, occupied and cultivated by Arabs.
Even were the
title of the Government to these areas admitted, and it is in many cases
disputed, it would not be possible to make these areas available for Jewish
settlement, in view of their actual occupation by Arab cultivators and of the
importance of making available additional land on which to place the Arab
cultivators who are now landless.
The provision of a
margin available for settlement depends upon the progress made in increasing the
productivity of the land already occupied.
16. It now
appears, in the light of the best available estimates, that the area of
cultivable land in Palestine
region) is
6,S44,ooo dunams. This area is considerably less than had hitherto been
estimated, previous official estimates being in the neighborhood of 10 to 11 million dunams.
It also appears
that while an area of at least 13o dunams is required to maintain a fellah family
in a decent standard of life in the un-irrigated tracts, the whole of the
cultivable land in the country, excluding the area already in the hands of the
Jews, would, were it divided among the existing Arab cultivators, provide an
average
holding of not
more than 9o dunams. In order to provide an average holding of 130 dunams for
all Arab cultivators, about 8 million dunams of cultivable land would be
required.
It also appears
that of the 86,980 rural Arab families in the villages, 29.4 per cent. are
landless. It is not known how many of these are families who previously
cultivated and have since lost their land. This is one point, among others,
upon which, at present, it is not possible to speak with greater precision, but
which will,
it is hoped, be
ascertained in the course of the Census which is to be taken next year.
17. The condition
of the Arab fellah leaves much to be desired, and a policy of land development is
called for if an improvement in his conditions of life is to be effected.
The sole agencies
which have pursued a consistent policy of land development have been the Jewish
Colonization organizations, public and private.
The Jewish
settlers have had every advantage that capital, science and organization could
give them. To these and to the energy of the settlers themselves their
remarkable progress is due. On the other hand, the Arab population. while lacking
the advantages enjoyed by the Jewish settlers, has, by the excess of births
over deaths, increased with great rapidity, while the land available for
its sustenance has
decreased by about a million dunams. This area has passed into Jewish hands.
18 . Reference has
been made to the energy evinced and the remarkable progress made in Jewish land
settlement. It would be unjust to accept the contention, which has been
advanced in the course of the controversy regarding relations between Jews and
Arabs in Palestine
colonization by
such bodies as the Palestine Jewish Colonization Association (commonly known as
the P. L C. A.) and colonization under Zionist auspices.
In so far as the
past policy of the P . I. C. A. is concerned, there can be no doubt that the
Arab has profited largely by the installation of the Colonies, and relations
between the colonists and their Arab neighbors have in the past been excellent.
The cases which
are now quoted by the Jewish authorities in support of the contention that the
effect of Jewish colonization on the Arabs in the neighborhood has been
advantageous, are cases relating to Colonies established by the P. I. C. A.
before colonization financed from the Palestine Foundation Fund, which is the main
financial instrument of the Jewish Agency, came into existence.
Some of the
attempts which have been made to prove that Zionist colonization has not had
the effect of causing the previous tenants of land acquired to join the
landless class have on examination
proved to be
unconvincing, if not fallacious.
19. Moreover, the
effect of Jewish colonization on the existing population is very intimately affected
by the conditions on which the various Jewish bodies hold, utilize and lease
their land. It is provided by the Constitution of the Enlarged Jewish Agency,
signed at Zurich on the 14th August, 1929 (Article 3 (d) and (e), that the land
acquired shall be held as the "inalienable property of the Jewish
people," and that in "all the works or undertakings carried out or
furthered by the Agency, it shall be deemed to be a
matter of
principle that Jewish labor shall be employed"). Moreover, by Article 23
of the draft lease, which it is proposed to execute in respect of all holdings
granted by the Jewish National
Fund, the lessee
undertakes to execute all works connected with the cultivation of the holdings only
with Jewish labor. Stringent conditions are imposed to ensure the observance of
this undertaking.
An undertaking
binding settlers in the Colonies of the Maritime Plain to hire Jewish workmen only,
whenever they may be obliged to hire help, is inserted in the Agreement for the
repayment of advances made by the Palestine Foundation Fund. Similar provision
is contained in the Agreement for the Emek Colonies.
These stringent
provisions are difficult to reconcile with the declaration at the Zionist
Congress of 1921 of "the desire of the Jewish people to live with the Arab
people in relations of friendship and mutual respect, and, together, with the Arab
people, to develop the homeland common to both into a prosperous community
which would ensure the growth of the peoples."
20. The Jewish
leaders have been perfectly, frank in their justification of this policy. The Executive
of the General Federation of Jewish Labor, which exercises a very important
influence on the direction of Zionist policy, has contended that such
restrictions are necessary to secure the largest possible amount of Jewish immigration
and to safeguard the standard of
life of the Jewish
laborer from the danger of falling to the lower standard of the Arab.
However logical
such arguments may be from the point of view of a purely national movement, it
must, nevertheless, be pointed out that they take no account of the provisions
of Article 6 of the Mandate, which expressly requires that, in facilitating
Jewish immigration and close settlement by Jews on the land, the Administration
of Palestine must ensure that "the rights and position of other sections
of the population are not prejudiced ."
(2) Agricultural
Development
21. As indicated
in the immediately preceding paragraph, it is the duty of the Administration under
the Mandate to ensure that the position of the "other sections of the
population" is not prejudiced by Jewish immigration . Also, it is its duty
under the Mandate to encourage close settlement of the Jews on the land,
subject always
to the former
condition.
22. As a result of
recent investigations, His Majesty's Government are satisfied that, in order to
attain these objects, a more methodical agricultural development is called for
with the object
of ensuring a
better use of the land.
23. Only by the
adoption of such a policy will additional Jewish agricultural settlement be
possible consistently with the conditions laid down in Article 6 of the
Mandate. The result desired will not be obtained except by years of work. It is
for this reason fortunate that the Jewish organizations are in possession of a
large reserve of
land not yet
settled or developed . Their operations can continue without break, while more general
steps of development, in the benefits of which Jews and Arabs can both share,
are being
worked out. During
this period, however, the control of all disposition of land must of necessity rest
with the authority in charge of the development.
Transfers of land
will be permitted only in so far as they do not interfere with the plans of
that authority. Having regard to the
responsibilities
of the Mandatory Power, it is clear that this authority must be the Palestine Administration.
24. Among the
problems which will have to be considered are those of irrigation, the
coordination of development with the activities of the Department of
Agriculture and other Government
Departments, and
the determination of their respective spheres of action so as to avoid friction
and overlapping, and to obtain the
greatest
efficiency in coordinated effort.
Consideration must
also be given to the protection of tenants by some form of occupancy right, or
by other means, to secure them against eject-ment or the imposition of
excessive rental.
Closely associated
with any development must be the acceleration of the work of settlement by the
ascertainment of title and the registration of tenancies. In this connection an
important problem is presented by the large proportion of Arab village land
which: is held under the tenure in-common known as meshala. Nearly half of the Arab
villages are held on mashala tenure and there is a consensus of opinion that
this system is a great obstacle to the agricultural development of the Country.
The constitution
of co-operative societies among the fellahin appears to be an important preliminary
to their advancement. The whole question has recently been under examination on
behalf of the Palestine Government by an expert with great experience.
25. The finances
of Palestine
events of the
autumn of 1929, and it is not possible to forecast the time that must elapse
before it will be thought safe to reduce expenditure on this account . That
must largely depend on the
success of the
policy now envisaged, and on the extent of the improvement in mutual relations between
Arabs and Jews which His Majesty's Government hope will be one of its results.
It is part of the
general policy of His Majesty's Government that Palestine
The improvement of
agricultural conditions contemplated will not only take time, but will involve
considerable expenditure, though it
is to be hoped
that part of the outlay will prove to be recoverable. His Majesty's Government
are giving earnest consideration to the financial position which arises out of
this situation, and steps are being taken to concert the necessary measures to
give effect to their policy.
(3) Immigration.
26. The whole
system under which immigration into Palestine is controlled by the Administration
has recently been most carefully examined, and in the month of May, it was
considered necessary by His Majesty's Government, whilst leaving undisturbed
Jewish immigration in its various other forms, to suspend the further issue of
certificates for the admission of immigrants under the Labor Schedule i.e., as
employed persons (over and above the 950 already sanctioned) for the half year
ending the 30th
September, 1930,
pending the result of this examination
and the
determination of future policy.
This examination
has revealed certain weaknesses in the existing system. It has been shown that
under it there have been many cases of persons being admitted, who, if all the
f acts had been known, should not have received visas. No effective Government
control exists in regard to the selection of immigrants from abroad, with the result
that there are no adequate safeguards against irregularities in connection with
the issue of immigration certificates and also against the immigration of
undesirables. A further unsatisfactory feature is that a large number of travelers,
who enter Palestine
It is calculated
that the number of such cases during the last three years amounted to 7,800. Another
serious feature is the number of persons who evade the frontier control.
In any attempt to
devise adequate Government machinery for the control of immigration, account
must be taken of the important part at present played in connection with Jewish
immigration
by the General
Federation of Jewish Labor.
The influence of
the General Federation is far-reaching and its activities are manifold. It constitutes
an important factor within the World Zionist movement, and at the last Zionist
Congress more than a quarter of the total number of delegates represented such
Zionist circles, both in Palestine and abroad, as are identified with the Federation.
The influence which the Federation is able to exert upon immigrants is shown by
the fact that its members are not permitted to have recourse to the Courts of
the country in cases of
dispute with
another member. It has its own Courts of First and Second Instance and its Labor
High Court, to which appeals from the subordinate Tribunals lie . The
Federation has adopted a policy which implies the introduction in Palestine
In view of its
responsibilities under the Mandate, it is essential that the Palestine
Government, as the agent of the Mandatory Power, should be the deciding authority
in all matters of policy relating to immigration, especially having regard to
its close relation to unemployment and land development policy. No adequate
improvement in existing machinery can be devised unless a modus vivendi is
established between the Government on the one hand and the Jewish Agency on the
other, in regard to their respective functions, and full account must be taken
of the influence exerted in the policy of the Agency by the General Federation
of Jewish Labor.
27. As regards the
relation of immigration to unemployment, great difficulties at present exist owing
to the absence of efficient machinery for estimating the degree of unemployment
existing
at any time. This
is especially true as regards the Arab section of the community. While no
reliable statistics are available, sufficient evidence has been adduced to lead
to the conclusion that there is at present a serious degree of Arab
unemployment, and that Jewish unemployment likewise exists to an extent which
constitutes a definitely unsatisfactory feature . It may be regarded as clearly
established that the preparation of the Labor Schedule must depend upon the
ascertainment of the total of unemployed in Palestine
It follows that
the extent of that unemployment must be accurately determined, and His
Majesty's Government will give serious consideration to devising machinery for
this purpose. The economic capacity of the country to absorb new immigrants
must therefore be judged with reference to the position of Palestine as a whole
in regard to unemployment, and care must also be exercised in ascertaining that
economic capacity, to make allowances for any demand for labor, which, owing to
increased circulation of money
connected with
expenditure on development or for other causes, may be regarded as of a
temporary character.
28. Article 6 of
the Mandate directs that the rights and position of the other sections of the population
shall not be prejudiced by Jewish immigration. Clearly, if immigration of Jews
results in preventing the Arab population from obtaining the work necessary for
its maintenance, or if Jewish unemployment unfavorably affects the general labor
position, it is the duty of the Mandatory Power under the Mandate to reduce, or,
if necessary, to suspend, such immigration until the unemployed portion of the
"other sections" is in a position to obtain work. It may here be
remarked that in the light of the examination to which immigration and
unemployment problems have been subjected, His Majesty's Government regard
their action in the suspension of immigration under the Labor Schedule last May
as fully justified.
It has been argued
that the High Commissioner's approval of the issue of Immigration Certificates under
the Labor Schedule implied that there was room for the admission of immigrants
of the working
class, and that, in consequence, His Majesty's Government, in suspending the issue
of those certificates, must have been influenced by political considerations.
This is not
the case . In
arriving at their decision to suspend the issue of the certificates, His
Majesty's Government had in mind the opinions expressed in the Report of the
Shaw Commission that there was a shortage of land and that immigration should
be more closely controlled . It was realized that these issues called for
expert examination, but His Majesty's Government felt that, until they had been
so examined, no steps should be taken which might aggravate an economic
situation which, in the opinion of the majority of the
Shaw Commission,
was already such as to afford ground for anxiety.
Any hasty decision
in regard to more unrestricted Jewish immigration is to be strongly deprecated,
not only from the point of view of the interests of the Palestine
Arab population,
that the economic depression, under which they undoubtedly suffer at present, is
largely due to excessive Jewish immigration, and so long as some grounds exist
upon which this suspicion may be plausibly represented to be well founded,
there can be little hope of any improvement in the mutual relations of the two races.
But it is upon such improvement that the future peace and prosperity of Palestine
It is hoped that
changes may be devised in the method of the preparation of the Labor Schedule, which
will tend to promote amicable relations between the Jewish authorities in Palestine
and the
Immigration Department. It is clearly desirable to establish
closer-co-operation and consultation between the Jewish authorities and the Government,
and the closer and more cordial cooperation becomes, the easier it should be to
arrive at an agreed Schedule based upon a thorough understanding, on both
sides, of the economic needs of the country.
29. As has been
shown in the foregoing paragraphs, the three problems of development, immigration
and unemployment are closely inter-related, and upon the evolution of a policy which
will take full account of these three factors must depend the future of Palestine Palestine
the ideals of the
Jewish National Home can in any sense be realized, and it is only by cordial
cooperation between the Jews, the Arabs and the Government that prosperity can
be secured.
The situation
revealed by exhaustive examination of the various economic, political and
social factors involved, makes it clear that Palestine
the past it may be
said that the Government has left economic and social forces to operate with the
minimum of interference or control, but it has become increasingly clear that
such a policy
can no longer
continue. It is only the closest cooperation between the Government and the leaders
of the Arab and Jewish communities that can prevent Palestine from drifting
into a situation which would imperil, on the one hand, the devoted work of
those who have sought to build up the Jewish National Home, and, on the other, the
interests of the majority of the population
who at present
possess few resources of their own with which to sustain the struggle for
existence.
What is required
is that both races should consent to live together and to respect each other's
needs and claims. To the Arabs His Majesty's Government would appeal for a
recognition of the facts
of the situation,
and for a sustained effort at co-operation in obtaining that prosperity for the
country as a whole by which all will benefit. From the Jewish leaders, His
Majesty's Government
ask a recognition
of the necessity for making some concessions on their side in regard to the independent
and separatist ideals which have been developed in some quarters in connection
with the Jewish National Home, and for accepting it as an active factor in the
orientation of their policy that the general development of the country shall
be carried out in such a way that the interests of the Arabs and Jews may each
receive adequate consideration, with the object of developing prosperity
throughout the country under
conditions which
will give no grounds for charges of partiality upon the one side or upon the
other, but will permit of the Arab and Jewish communities developing in harmony
and contentment.
WINSTON CHURCHILL'S VIEWS
The Former British
Colonial Secretary's Answer
to Pass field.
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