'Mesopotamian constitution. Bonham-Carter Committee: Summary of Proposals' [‎114r] (6/8)

mternal government of IjeropotCZ'' If G^mudo 8 ^ t0 1Uatter8
explain reasons. Government does not accept them it must
submitted to iSgSS As^mbk fortdt^nd Se^f 01 ^tT' 40 be P^vioody
accepted, reasons must be given, " obseivatwn. If advice offered not
No existing rate of taxation to be increased nr , ■
(6) Annual accounts to be submitted for remarks eXCept by 3 law -
(0 -lembers may ask questions in writing.
15. The Capitulations.
Lxcept for the limited suofo-estions nnt fnrwi-rri 00 .1
of foreigners, the foregoing proposals take no accounTljT'the^ex" 3 r™ 8fay0Ur
winch the capitulations ^ave to foreign Powpr^ r r] • n exceptional position
as to the policv of His Majesty's Smuent Sth has no information
Safeguards which should Lt be dS 1 ^ t0 ca P itulat io^-
regards the jurisdiction of the Courts over forei^i at Ileces t sar - V as
jurisdiction. & ' teast m the case of penal
II.. Enquiry into vsorkinrj of system of Govern
.11 conclusion, we advise that besides the examirmfinn nf +1
vided for in para. 9 there should be at the end of a fixed'nerWl f® oonstl , tutlou P ro -
^ was
the J
Presumably the enquiry would be undertaken by His Maiestv's Government rt
so, the arrangement should be set out in a recital rather thin placed in the bndv nf
the document establishing the constitution. y
APPENDIX.
1. Method of Election to Legislative Assembly.
Method A.—(1) Members for towns large enough to be represented by one or
more members to be elected by the Municipal Councils. Such Municipal Councils to
be themselves elected by tax-paying male householders approximately in accordance
with the Turkish Municipal Law of 5th October 1887.
(2) Members for the Divisions to be elected by Divisional Councils, excluding the
members of the Divisional Council for towns which elect their own member to the
Legislative Assembly, or (if it is thought advisable) by separate panels formed out of
the Divisional Council representing respectively tribesmen and non-tribesmen. The
Divisional Councils to be themselves elected.
The method of the election to Divisional Councils requires further study.
It is thought that in districts where the tribal system is still in force (and this
includes much the greater part of the country) the representative of such districts
should be elected by the headmen of the tribal sub-sections. These tribal headmen
are the chief men of the smallest tribal territorial unit. They are themselves elected
by the tribesmen under them, and they elect the Shaikh of the tribe subject to
confirmation by the authorities.
In areas where the tribal system is not in force the problem is more difficult.
Such areas may include small towns, villages and in a few places a scattered resident
population. I.li the small towns there would be no difficulty in forming municipalities
in accordance with the Turkish law.
In villages and areas with a scattered population, councils of elders for the
village or area (nahiyah), which were supposed to exist under Turkish law, but which
in practice rarely did exist in Mesopotamia, might be formed. The municipalities of
the small towns and the village and "nahiyah" councils might appoint delegates in
numbers proportionate to their inhabitauts, and such delegates could meet togethei
and elect the member of the Divisional Council. ' 1
We think a system of selection on the above lines is best suited to the require
ments of the tribal areas. It could not, however, be brought into force immediate!} r