Papers written by Curzon on the Near and Middle East [‎170r] (339/348)

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c ‘ The Zionist organisation, so long as its organisation and constitution
“ are, in the opinion of the Mandatory, appropriate, shall be recognised as such
“ agency An office of the East India Company and, later, of the British Raj, headed by an agent. . It shall take steps, in consultation with His Britannic Majesty s
“ Government, to secure the co-operation of all Jews who are willing to assist
“ in the establishment of the Jewish National Home.
A little later comes Article 6 , which runs thus :—
“ 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
“co-operation with the Jewish agency An office of the East India Company and, later, of the British Raj, headed by an agent. referred to in Article 4, close settlement
“ by Jews on the land, including State lands and waste lands not required for
“ public purposes.”
Now it is true that Article 6 lays down that “the rights and position of other
“sections of the population shall not be prejudiced" (in respect of immigration).
But this gives no consolation to those who believe that an extended Zionist influx
cannot fail to cause such prejudice. Nor is the impression produced by Article 4
diminished; it is, on the contrary, aggravated by the terms of Article 2, which runs
as follows:—
“The Mandatory shall be responsible for placing the country under such
“ political, administrative and economic conditions as will secure the establish-
“ ment of the Jewish National Home as laid down in the preamble, ana the
“development of self-governing institutions, and also for safeguarding the civil
“and religious rights of all the inhabitants of Palestine, irrespective of race
“and religion.”
It is difficult to blame those who argue that the two parts of this Article are
inconsistent with each other, and, indeed, that the entire Mandate is built on the
fallacy of attempting to reconcile the irreconcilable, and to combine in the same
framework the creation of Jewish privileges with the maintenance of Aiab rights.
It would appear then that it is to the terms of the Mandate that we should look
for a solution of the difficulty, and that if we can redress the alleged preference to
the Jews, by offering similar or analogous advantages to the Arabs, we may succeed
in removing the sting. We accordingly proceeded to consider whether, and, if so,
how. this could be done.
It may be urged, with justice, that the Mandatory Power had its own plan tor
dealing with the grievance said to have been thus created, viz., by means of the
Legislative Council upon which elected representatives of the Arabs were to sit.
That is quite true. But the Legislative Council has broken down for the time being,
through the refusal of the Arabs to take part in the elections; and although Sir H.
Samuel hopes to be able to induce some representative Arabs to serve on the Advisory
Council which he is reconstituting as an interim measure, the fact remains that the
British policy has for the time being failed and that some other remedy must be
sought. . .
We accordingly advise that as regards the Administration, an Arab Agency An office of the East India Company and, later, of the British Raj, headed by an agent.
shall be set up which will occupy a position exactly analogous to that accorded to the
Jewish Agency An office of the East India Company and, later, of the British Raj, headed by an agent. under the terms of the Mandate, i.e., it will be recognised as a public
body for the purpose of advising and co-operating with the Administration in such
economic, social and other matters as may affect the interests of the non-Jewish
population, and, subject to the control of the Administration, may assist and take
part in the development of the country. . , • , , i j
Secondly as regards immigration (Article 6 ) it will have the right to be consulted
as to the means of “ ensuring that the rights and position of other (i.e., non-Jewish)
“sections of the population are not prejudiced.’ .
With regard to public works it will be entitled to be consulted by the Administra
tion in the same way as the Jewish Agency An office of the East India Company and, later, of the British Raj, headed by an agent. is to be consulted under the terms of
rti c! 0
Further, Article 84 of the Palestine Order in Council A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council. of 1922 provides that—
“ (i.) The High Commissioner shall confer upon all matters relating to the
“ reo-ulation of immigration with a Committee consisting of not less than one-half
“ of the unofficial members of the Legislative Council, and provision shall be made
“by Order in Council A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council. for investing the said Committee with all such powers
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