'Najd-Transjordan Boundary' [‎36r] (76/358)

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rHE B AH r A AGREEMENT." (%) A
^ ^ ^ liereas, with. £# vi©w to spcuriDg
k. good relations between the two Govern
ments of Mesopotamia.and Najd, a Treaty
known as the Nuhammarak Convention
was agreed upon between those two^
Governments and signed on the 7th
Ramadan, 1340 (corresponding to the 5^h
May, 1922, and
Whereas, the aforesaid Treaty was
supplemented by two Protocols, known
respectively as Protocol dumber I and
Protocol Number II of the Muhammarah
Covention, 'which were signed at ‘Uquair
on the 12th Rabi ‘Ttiani Mil (correspond” :
ing to ihe 2nd December 1922t, and
\Vhereae, the aforesaid Treaty and
Protocols have been duly ratified by,the
^ wo ,. ^ overna;ieQ ^ 3 Mesopotamia and
Nftjd, and
Whereas, in Article 1 of the afore
said Mu ham mar ah Convention the
Governments of Mesopotamia and of
iNajid have guaranteed mutually that
they will prevent aggression by their
I tribes on the tribes of the other and will
punish their tribes for any such aggres
sion, and, should the circumstances not
admit of such punishment, the two
Governments will discuss the question
of taking combined action according to
the good relations prevailing between
them,'and
Whereas, it is considered advisable,
by^His Britannic Majesty’s Government
and by the two Governments aforemen
tioned, in the interest of friendship and
good relations between the two Countffes
of Mesopotamia and Najd to come to
an agreement regarding certain matters
which are outstanding between those two
countries
We, the-undersigned. His Highness
‘ Abdul- 3 Azis ibn i‘Abdul-Rahman al-
Paisal Asl Sa’ud, Sultan of JNfajd and
Dependencies, and Sir Gilbert Clayton,
duly accredited Commissioner and
Plenipotentiary of Ilis Britannic
Majesty’s Government, who has been
empowered to come to an agreement, and
sign on behalf of the Mesopotamia
Government, have agreed upon the
following articles
Article X. *
The States of Mesopotamia and Xajd
severally rcrogniee that raiding by tribes
settled in their territories into the
territory of the other State is an aggres
sion Which necessitates the severe
punishment of <he perpetrators by the
Government to which they are subject
and that the chief of the tribe committing
such aggression is to be held responsible.
composed of an equal number of repre
sentatives of the Governments of Mesopo
tamia tud Najd. ard its presidency The name given to each of the three divisions of the territory of the East India Company, and later the British Raj, on the Indian subcontinent. shall
ne_ entrusted , to an additional person,
other than the aforesaid representatives,
to be selected by the two Governments in
agreement The decisions of ihh
tribunal shall be final and executory,
(&) When the tribunal has fixed the
responsibility, assessed the damages and
losses resulting from the raid, and issued
its decision in that respect, the Govern
ment to whom those found guilty are
subject sball execute the aforesaid deci
sion in accprdance with tribal customs
and shall punish the guilty party in
accordance with article 1 of the preset
Agreement. 7
Article &> w
Tribes subject to one of the two
Governments may not cross the frontier
into the territoiy of the other Govefn-
meni except after obtaining a permit
from their own Government and after
the concurrence of the other Government
it being stipulated, however, in accoq.
dance with the principle of the freedom
of grazing, that neither Government
shall have the right to withhold such
permit or concurrence if the migration of
the tribe is due to grazing necessities.
Article 4.
The two Governments of Meso
potamia and Najd undertake to
stand. in the way by all the
means at their disposal other than
expulsion and the use of force, of the
emigration of any tribe or section of tribe
from one of the two countries into the
other unless its emigration takes place
with the knowledge and consent of its
Government. The two Governments
undertake to abstain from offering any
present of whatsoever kind to refugees
fr$ra the territories of the erther Govern- ;
merit, and to look with disfavour on any ;
of. their subjects Who may seek eo entice
tribes to emigrate from their country
finto the other country.
Article 5 , £b
The Governments Mesopotamia |
and Najd may not correspond with the j
Chiefs and Sheikhs, of tribes subject ^ to
the other State on official or political
matters*
Article 6.
The forces of Mesopotamia and Najd
may not cross the common frontier in the
pursuit of offenders except with the con
sent of both Governments.
Article 7.
Article 2,
fa) A special tribunal shall be set
up, by .agreement between the two
Governments of Mesopotamia end Najd,
which shall meet from time to time to
enquire into the particulars of any
aggression committed across the frontier
between the , two States, to assess the
damages and losses and to fix the
respo nsib ility. This tri bunal shall be i
Sheikhs of tribes who hold an official
sition or who have flags showing that
By are the leaders of armed forces may
t display their flags in the territory of
e other State.
tide 8.
In case one of the two Governments
sre to call upon tribes residing in the
ritory of the other State to furnish