'File XXV/6 Arabian Affairs (including Mesopotamia). Mesopotamian Affairs 1920' [‎20v] (40/94)

In order to give effect to these intentions France and Great Britain are agreed to encourage
and assist the establishment of indigenous Governments in Syria and Mesopotamia, which have
already in fact been liberated by the Allies, and in countries whose liberation they are endeavouring
to effect and to recognize the latter as soon as they shall be effectively established. Far from
wishing to impose any particular institution on these lands, they have no other care but to assure
by their support and effective aid the normal working of the Governments and Administrations,
which they shall have adopted of their own free will. To ensure impartial and equal justice, to
facilitate economic development by working and encouraging indigenous initiative, to foster the
spread of education and to put an end to the divisions too long exploited by Turkish Policy : such
is the role which the two allied Governments assume in the liberated territories.
CONDITIONS TO BE FULFILLED BEFORE THE WISHES OF THE
PEOPLE CAN BE ASCERTAINED.
3. We think it necessary that an attempt should be made to ascertain what the wishes of the
people are, but we consider that before this can be done with hope of success :—
(a) The Mandate must be granted.
(b) The government of the country must be carried on for a short time under a provisional
constitution to allow the country to settle down after the disturbances caused by the
war.
WISHES OF THE PEOPLE TO BE EXPRESSED BY AN ELECTED LEGISLATIVE
ASSEMBLY.
4. It appears to us that there would be very great difficulty in ascertaining the wishes of the
people immediately the Mandate has been granted ; and it is considered that the body which is to
give its opinion on a matter of such moment as the constitution should have an opportunity to see
constitutional government at work for a short time and to realize the consequences of any decision
they may give.
It is therefore proposed that the opinion of the Legislative Assembly (as described below) on
the constitution should be ascertained, but not necessarily immediately. It should be stated, as
soon as the proposals for the elections to the Assembly are published, that the Assembly v^ill be
invited, not later than the third session, to discuss the constitution (within the limits imposed by the
terms of the mandate), and that until then the government of the country will be carried on under
the provisional constitution outlined below. It would be advisable to retain for the High Commis
sioner the power to dissolve the first Assembly and to put the constitutional issue before its
successor.
FRAMING OF A SUITABLE FORM OF GOVERNMENT.
5. There is no difficulty in framing a constitution on paper. In Turkish times there was a
complete constitution on paper, but many of its provisions were disregarded. The difficulty lies in
framing a form of government which while giving real power to the native element will yet hold
out reasonable prospects of maintaining peace, law and liberty. And this Ccfn only be done if
safeguards are introduced.
We are of opinion that where a native of the country can be found capable of filling an admin
istrative post, he should be employed in preference to any other person. We are also of opinion
that on this canon it will soon be possible to employ more natives of the country than hitherto, and
and in higher posts.
CONDITIONS LAID DOWN FOR THE CONSTITUTION.
6. The conditions which the Constitution must fulfil may he summarized as follows :
{a) Subject to the tutelage of a Mandatory Power the Government must be an indigenous
Government.
(b) The form of Government must be adopted by the free will of the people subject to such
powers as are necessary'to enable the Mandatory Power to perform its mandate.
(c) The Constitution must contain the necessary securities to enable the Mandatory Power
to perform the trust confided to it, of ensuring the well-being and <levelopment of the
people. This implies the maintenance of peace and order.
MANDATE SHOULD BE GRANTED SOON.
7. We recommend that a mandate should be granted at the earliest possible date. Following
the wording of the Covenant of the League of Nations, the effect of the mandate will presumably
be to entrust to the Mandatory Power the tutelage of Mesopotamia to be exercised by them on
behalf of the League. We consider it desirable that the Mandate should state that the Mandatory
Power is vested with the necessary power to carry out the Mandate, to secure (in the words of the
Covenant) “ the well-being and development of the people ”.
I
RECITAL OF THE MANDATE AND ITS PURPOSES.
8. We think that the document establishing the provisional constitution should recite the
Mandate, the appointment of the Mandatory Power, and the objects of the Mandate as defined by
the Covenant of the League and by the Mandate itself.