League of Nations doc C.24. M.18. 1929.1

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UNIVERSITY OF CALIFORNIA

[Di-Ilribuled to the Council nndlhe Memocra of the Lcogttnl

Official‘ No. : 0.241 "I ‘Bu P929. l.

Geneva. February 1929.

LEAGUE OF NATIONS

PROTECTION OF LINGUISTIC, RACIAL OR RELIGIOUS MINORITIES BY THE LEAGUE OF NATIONS. 1. .'

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RBI-Ollltifllli and Extract: from the Minute: of the Council, Resolutions and Reports acloptecl by the Assembly, rolltinl to the

Procedure to be followed in Questions concerning the Protection of Minorities.

Series ol League ol Notion: Public-afloat LB. MINORITIES 1929. I.B. 1.

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zttrre er rue SECRETARIAT.

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11:13 The 11-l'O‘P'lBllJI'lB contained in t-be various international instruments at present in force relating to the protection of linguistic, roeinl or religious minorities by the League of Nations. have been assembled in document C-.L.11ll.192'i'.I. {Annex}, published in August1'927. The acts

by which these provisions were pieced under the guarantee of the League of Nations beer the

following dates :

Albania . . . .

.

February 17th, 19221.

Austria . . . . . Bulgaria . . . . .

. .

October 27th, 1920. October Bith, 1920.

Czechoslovakia

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How-ember 29tb,19‘2~lZl.

Estonia . . . . . . . . . . . Finland {Aolond Islands} . .

. . . .

September 1'It-h, 1923. June 2’l'th, 1921.

Greece . . . . . . . . . . . Hungary . . . . . . . . . .

September 26th, 1924. August 30th, 1921.

Lithuania

December 11th. 1923.

Germany {see Upper Bileeiu-J . Latvia . . Memel ‘. . ',, ’

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Poland . . . '. .‘lR_~ei1h1enia . ' " Beret,‘ Croats .;_-.---_tl~1in_Q'dont of] ' .5 ':Bileei:i-[Upper] Turkey . . .

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. . . . . . . and . . . . . . .

. . . . . . . . . . Slovenes. . . . . . . .

September 1st, 1923.

February 13th, 1920. .Anguet- 30th, 1921. November 29th, 19211. July 20th, 1922. September 26th, 192-i.

' Albanian lJm:lm'nl.iuu oi Ur-.tnb-er End, I921. B5 n reeolution adopted by the Uouucil on the some rlate this l.'Iec-lnrotion mm pleceul under tlm gimrautee of the League as from the date of ratification by Ilso dlbaliioli Lioverolm-Ill.

Ratifioatioll tool: plooe on l~‘ebruur_v lath. I922.

‘ Artirle ll of the llouventiun relative to Blvmi-l Territory and Arlirlee 2li and 27 oi Amie! I ttltnttlte uf }l('I|1|.*| 'l'erritory], ei|.:|u-1| at I-‘aria on Il-luv fllh. 192-1. wliirh l'fllIl€'! into form-. as rrprnrde Lithuania. in -.|m;ord:|m-.(-. wit-I1 the I-!‘l1llHil(1I'_1|! provieion of the l,‘!o|1ver|Lio|1 coneequeiit up-on ratification by the Lit-liu

;|||i;m {il1\'nI'llrI|e|lli. The lllH-l'|'lI.IIH’lll'| ol ralifimtion wee depoeited at Paris on September’ 21th. I924.

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rib _._ 3 _ 'PABLE OF UOKTEHTS. Page 2

HOTEH'i'THEBE[.‘BET.lB.[.l.‘T.................I....

PART I. -—- TEXT OF THE COUNCIL RESOLUTIONS:

Report presented by M. Tittoni and adopted by the Council oi the League of Nations onOctobcr22nd,1929 . . . . . . . . . . . . .. . . . . . . .

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2.

Resolution adopted by the Council on October 25th, 1929 . .

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3.

Resolution adopted by the Council on J one 27th, 1921 . . .

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Resolution adopted by the Council on September E-th, 1923 .

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5.

Resolution adopted by the Council on June 19th. 1925 . . . . . . . . . .

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1.

PART II. — EXTRJLOTS FROM THE MINUTES OF THE OOUHOIL. 11

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Discussion concerning the Resolution of October 22nd,1920('1‘it-toni report}. Extract irorn the Minutes oi the Tenth Session oi the Council. Meeting held on October 2’2nd,1929.............................. annex: The Guarantee of the League oi Hat-ions in Respect of the Minorities ClausesofCertainTrea-tics.............. . . . .

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Discussion concerning the Resolution oi‘ October 25th, 1929 (Committee oi Three).

Extract irom the Minutes of the Tenth Session oi the Council, Meetings held on Oct.ober23rdand2tith,1929...... . . . . .

3.

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Discussion concerning the Resolution of June Eith. 1921 (Communication of

Petitions to Interested Governments}. Extract from the Minutes of the Thirteenth Session oi the Council, Meeting held on June 2'i'th, 1921. . . . . . Annex I : Report by the Secretary-General and Resolution adopted by t-he Council On

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Annex 2 : Letter dated June at-h, 1921, irom the Ministry of Foreign riiiairs oi the

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L‘-rcohoslovsl: Republic to the Secretory-General . . . . . . . . . . . . . .

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Anne: 3 : Letter dated June 3rd, 1921. from the Polish Representative to the Leagueoihlations

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Discussion concerning the Itesolution oi September Bib, 1923 (Rio-Bronco Report). Extract irom the Minutes of t-he Twenty-sixth Session oi the Council, Meeting

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heldonScptember5th,19i!3.......................

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.-lose.-r : Report by hi. do Rio-Bronco. and Resolutions adopted by the Council on Septeniber5th,192.'i

El]

Discussion concerning the Resolution oi J one lot-Ii, 1925 (Coniposit-ion oi Committees of Three}. E.\'lII'rLt:t from the Minutes of the Thirty-fourth Session of the '[‘-oun-til, Meet.-ingheldonJnnc1l]lh,19:3fi. . . . . . . . . . . . . . . . . . . . .

27

Discussion concerning t-he l-lesoluiion adopicd by the Assembly at its Sixth Ordinary Session. Declora-lit n t i M. tie Mello-Franco. Extract Irom t-he Minutes oi the Thirty-scvcnt h Session of the Council, Meeting held on Decemheriuh. 1925 .:li'Hi!t";t‘ I : Paragraph Vi of Chapter ‘i’ of the Supplementary Report of the Council to the Asseinbly at its Sixth Ordinary Session . . . . . . . . . . . . . . . .iom.r 2 - Reanlulir u adopted by the Asst mbly at its Sixth Ordinary Session with Extract-s irom the Minutes oi the Fourth and Fillh Iilcct-ings of the Sixth Committee oi the Assembly. and irom the Verbatim Record oi the Tenth and Fourteenth Plenary Meet-ings of the Sixth Ordinary Session oi the Assembly N'."firs u=.;, roo (.11.; ‘glib-:-7Iilil|1. dc lo ’Tn'bu11? tie .'.&...>..-1

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Discussion concerning the Procedure to be adopted in replying to Petitions. Extract frollrli the Minutes of the Fortiet.h Session oi t-he Council, Meeting held on Jone 1lJt.192fi.................. . . . . Anne: : Note by the Secretary-General concerning the Present Practice with regard to Replies sent to Private Petitionetrs in the Matter of Protection of llrlinoritiee .

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Reeeiyability of Petitions concerning Persons resident in a State, but not belonging to a Minority of Race, Language or Religion. Extract from the Minutes of the Fiftietb and Fiity-first Sessions of the Council, Meetings held on June fith and 9tb,andonSepternberSth,192S. . . . . . . . . . . . . . . . . . . ..

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Request by the Albanian Government under Article 11 of the Covenant concerning Questions oi the Properties of the Albanians in Greece and of the Albanian

Minority in Greece. Extract from the Minutes of the Fiftieth Session of the Council,MeetingheldonJnne9th,1923 . . . . . . . . . . . . . . . ..

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A ppendfir. Application oi Part III, Division III (Right of Petition and Met-hods oi Appeal} oi the Germano-Polish Oonyention of May 15th, 1922, relating to Up er Silesia. Extract

irom the Minutes oi the Fifty-first Session uf the Council: Meeting held on Septemberfii-h.192S..........................

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PART III. —— RESOLUTIONS AHD REPORTS ADOPTED BY THE ASSEMBLY.

1.

Report adopted by the Assembly at its Second Ordinary Session on Or-tober -.tth, 1921

2.

Report adopted by the Assembly at its Third Ordinary Session on September Blst,

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3. 4.

Report submitted to the Assembly at its Fourth Ordinary Session, and Resolution adopted by the Assembly on September 26th, 1923 . . . . . . . . . . . . .

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Report submitted to the Assembly at its Sixth Ordinary Session. and Resolution adopted by the Assembly on September 22nd, 1925 . . . . . . . . . . . . .

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PART I. TEXT OF THE COUNCIL RESOLUTIONS ii

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1. nsrosr cnnssnrnn av st. Trrroni AND sooifrntigagirfln: _con_s_rc1L or THE LEAGUE or mrions on ooronnn s£:in3J'1sso.1 " “ The Council of the League of Nations has thought it advisable to determine the nature and limits of the guarantees with regard to the protection of minorities provided for by the different Treaties. The stipulations of the Treaties with regard to Minorities are generally defined in the

following terms:

" The country concerned agrees that the stipulations in the foregoing articles, so

far as they affect persons belonging to racial, linguistic or religious minorities, constitute obligations of international concern and shall be placed under the guarantee of the League

of Nations. "

The stipulations with regard to minorities declare further that the country concerned

“ agrees that any Member of the Council of the League of Nations shall have the right to

bring to the attention of the Council any infraction, or any danger of infraction, of any of these obligations, and that the Council may thereupon take such act-ion and give such direction as it may deem proper and effective in the circ-umstanccs.“ The countries concerned have further agreed that any difference of opinion as to questions of law or fact arising out of these Articles between the Government concerned and any one of the Powers a Member of the C-ouncil of the League of Nations shall be held to be a dispute of an international character under Article 14 of the Covenant of the League of Nations, which dispute shall, if the other party thereto demands, be rcfcrred to the Permanent Court of International Justice. Up to the present time, international law has entrusted to the Great Powers the guarantee for the execution of similar provisions. The Treaties of Peace have introduced a new system ; they have appealed to the League of Nations. The Council and the Permanent Court of International Justice are the two organs of the League charged with the practical execution of the guarantee.

It may be advisable at the outset to define clearly the exact meaning of .the term "guarantee of the League of Nations ". It seems clear that this stipulation means, above ill. that the provisions for the protection of minorities are inviolable, that is to say, they cannot he modified in the sensc of violating in any way rights actually recognised and without the approval of the majority of the Council of the League of Nations. Secondly, this stipulation means that the League must ascertain that the provisions for the protection of minorities

are always observed.

The Council must take action in the event of any infraction, or danger of intraction, of any of the obligations with regard to the minorities in quest-ion. The Treaties in this respect are quite clear. They indicate the procedure that should he followed. The right of calling attention to any infraction or danger of infraction is reserved to the Members of the Council. This is, in a way, a right and a duty of the Powers represented on t-hc Council. By this right, they are in fact asked to take a special interest in the protection of minorities. Evidently, this right does not in any way exclude t-he right of the minorities themselves, or even of States not represented on the Council, to call the attention of the League of Nations to any infraction or danger of infraction. But this act must retain the nature of a petition, or a report pure and simple ; it cannot have the legal effect of putting the matter before the Council and calling upon it to intervene. 1 SPF page ll.

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_._5._ Consequently, when a petition with regard to the question of minorities is addressed to

the League ct Nations, the Secretary-General should communicate it, without comment, to the Members of the Council for information.

a judicial act of t_h_e_ In-gas or of its organs.

This communication does not yet constitute

The competence of the Council to deal with

the question arises only when one of its Members draws its attention to the infraction or danger of infraction which is‘the subject of the pet-ition or report.

The State interested, if it is a Member of the League, is informed at the same time as

the Council-‘oi -the? subject of the petition. As a matter of fact, the Secretary-General has for some time adopted the procedure of forwarding immediately to all the Members of the League any document forwarded for the information of Members of the Council. This information, which may give the State concerned an opportunity of submitting to the

Members of the Council such remarks as it may consider desirable, does not, however, partake

of the nature of a request of the League for information with regard to the suhtject of the petition, nor yet does it imply, with regard to the State concerned, the obligation o furnishing

evidence in its defence.

any cases where, as the result of the petition, the intervention of the Lemme seems to be urgently necessary, the Secretary-General may also adopt the above llrlrocedure, but, in view of the urgency of the ease, he will forward the petition in question to t e Members of the Council_ as soon as possible (by telegraph if he thinks it advisable}.

Each Power represented on the Council may demand that an urgent Council meeting

be summoned in accordance with the provisions of the regulations in force. This precaution will have the object of preventing any sudden act of oppression

of minorities.

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If the Council approves of the interpretation that I have had the honour to develop.

it might adopt the olowing resolution:

" The U-ollncil invites its Members to draw the very special at-t-ontion of their

Governments to the conclusions arrived at in the present report.‘ ‘J.

l{t'll‘l(}LUTlfl'l§I AT}[lP'I‘El] BY THE l.‘[lIl_T1\Il.'lL ON OCTOBER 25TH. 1920.‘

For a definition of the conditions under which the ll‘-ouncil shall exorcise the powers granted to it by the Covenant and by various Treat-ics for the Prot-cot-ioii of Minoril.ies. the Council approved a resolution which will be inserted in its llnles of Procedure: “ With a view to assisting Members of the l_.'ouncil in the exercise of their rights and duties as regards the protection of minorities. it is desirable that the President and two Members appointed by him in ear-l| case should proceed to consider any petition or cmnmunication addressed to thc League of Nations with regard to an infraction or danger of infraction oi the clauses of the Treaties for the Protection of Minorities. This enquiry would be hold as soon as the petition or communication in question had been brought to the notice of the l'\Ierrlher.-1. of the Council." i

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Rl1ll"5l]Ll'Tl'l].\'

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HY

THE 'l"|.)llNl.lll.¢ ON .I[.-'NF} LETTII,

1*.-1231.1

With reference to M. Titl.ul1i's report, adopted on Il'ut.ulre|' '.!:£nd. llliill. nl llrllssels. the (‘cum-il of t-he League of lllaitioiis resolves that: “ -ill petitions concerning the protect-ion of |ui||n1'iIi1-s under the lll‘O\lc‘lUl'lS of the Treat-ice from petitiom-rs other than Mi-ml:-e-rs of the I.l|.‘i|::|1P' oi Fntiolis shall he

imrnerliatel_v comiuunicalcd to the State concerned. ' Ffee page ll. * Hon [i:l_I,{le 12.

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_.1_ “ The State concerned shall be bound to inform the tzlecretary-General, within three weeks of the date upon which its representative accredited to the Secretariat of the League of Nations received the text of t-he petition in question. whether it intends to make any comments on the subject. " Should the htste concerned not- reply within t-he period of three weeks, or should it state that it does not propose to ma-he any comments, the pet-ition in quest-ion shall be communicated to the Members of the League of biations in accordance with the procedure laid down in hi. Titt-oni's report.

" Should the State concerned announce that it wishes to submit comments, a period

oi two months, dating from the day on which its representative accredited to the Secretariat of the League receives the test of the petition, shall be granted to it for this purpose. The Secretary-General, on receipt of the comments, shall communicate the petition, together with the comments, to the Members of the League of Nations.

"1n exceptional and extremely urgent cases, the Secretary-General shall, belore

communicating the petition to the Members oi the League of Nations, inform the representative accredited to the Secretariat of the League of Nations by the State concerned. "This decision shall come into immediate effect for all matters affecting Poland

and Czechoslovakia.

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" With regard to other St-ates which have accepted the Treaty provisions relating to the protection of minorities. the Council authorises the Secretary-General to inform them of the decision taken in the case of Czechoslovakia and Poland and to ash them to state whether they wish the same procedure to he tnutle applicable to them." 1.

REEOLUTIUH ADOPTEII BY THE ['UUli'Ullr UN SEPTEIEIHEH 5TH. 19:33.‘

With reference to the previous resolutions relating to the procedure to be iollowed wit-h regard to the protection of minorities, dated October 22nd and 2-it-h, 1920, and Jone 27th. 1921, the Council oi the League of Nations decides that: 1. ln order that they may be submitted to the procedure established by the Council resolutions dated October 22nd and Both, 192i), and June 27th, 1921, petitions addressed to the League of Nations concerning the protection of minorities: tn) Must have in view the protection of minorities in accordance with the Treaties :

[bl In particular. must not he submitted in the form of a request for the H61‘-'¢I“fll'1t*-c

o political relations between the minority in question and State of which it forms a part; [cl Must not emanate from an anonymous or unauthenticatcd source: I-rl} Must abstain from violent language; ll‘) Must contain information or refer to facts which have not recently been Husubject of a pctitinu .-mlunittcd to the ordinary procedure. _lf the interested State raises for any reason an objection against the acceptance of a pet-ttion, the Secretary-General shall submit the question of acceptance to the President of the Council, who may Invite two other Members of the t.‘ouncil to assist him in the consideration of this question. If the State concerned so requests. this question of procedure shall be lncluded in the agenda of the ilouncil. 2. The extension of the period of two months, fixed by the resolution of J1me :-l"i‘t-h. 1921. for observations by the Government concerned on the subject of the petitions may be

sathonsed by the President of the Council Lt the State concerned so requests and it the tlrcnmstauces appear to make such a course necessary and feasible. ' Sec page lfi.

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_g._ Ii. The communication, in accordance with the resolution of June 27th, 1921, to the Members oi the League oi petitions and of observations [should there be anyi by t-be Government concerned shall be restricted to the Members ol the Council. Communications may be made to other Members of the League or to the general public at the request of the State concerned, or by virtue of a resolution to this effect passed by the Council after the matter has been duly submitted to it. -1. The consideration of petitions and observations {should there be any] of the Governments concerned by the President and two other Members of the Council, in accordance with the resolution of October 2-'ith, 1920, shall be undertaken with the sole object oi determining whether one or more Members ol the Council should draw the attention oi the Council to an inlraction or danger of an infraction oi the clauses of the Treaties for the Protection of Minorities. The right reserved to all Members of the Council of drawing its attention to an infraction or danger of infraction remains unaffected. 5. The present resolution shall be communicated to the Governments which have sienerl in-:|ties or made declarations concerning the protect-ion of minorities.

it-IJBULUTIIIN ADOPTED BY THE flililiitilh ON JUNE 10TH, 1925.‘

The Council of the League of Nations, Considering that, by the resolution of October 25th, 1921), it was decided, with s. view to assisting Members oi the Council in the exercise of their rights and duties as regards the protection of minorities, that it is desirable that the President and two Members appointed by him in each case should proceed to consider any petition or commlmication addressed to the

League ot its-tions with regard to an infraction or danger of infraction of the clauses of the

Treaties for the Protect-ion of Minorities, and that this enquiry should be held as soon as the petition or communication in question has been brought to the notice of the Members of the Po-.|ncil, Decides : I. It the Acting President of the Council is : the representative of the State oi which the persons belonging to the minority in question are subjects, or the representative of a neighbouring State of the State to which the persons belonging to the minority in quest-ion are subject, or, the representative of a State the majority of whose population belong inom the ethnical point of view t-o the same people as the persons belonging to the minority in question, thsl the duty which is-lls upon I-he President oi the Council in accordance with the terms of the resolution of Dctohi-r doth, 1920, shall he performed by the Member of the Council who exercised the duties of President immediately before the Acting President, and who is not in the same position. II. The President of the Council, in appointing two of his colleagues in conformity with the resolution oi’ October 25th, 1920, shall not appoint either t-he representative oi the State to which the persons belonging to the minority in question are subject or the representative of a State neighbouring the. State to which these persons are subject, or the representative of s Slate s majority of whose population belong from the elhnicol point of view to the same people as the persons in quest ion. * Hoe p:|qi= 2?.

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PART ll. EXTRACTS FROM THIE MINUTES OF THE COUNCIL. nu.-.-i n

1.

DISGUSBIOE CUNCEI-INIITG THE RESULUTl'['l'1H' UF DC-’]‘l.)HEl'l 22NI.1,l'll'2U, [TITTDNI RE-PDRT}.

EITR.-\f1'l‘ rams THE Miuures or THI-I TENTH S-I-15-'Hlt)l'i or rm: t‘-ouzccn. MEETING HELD on (Jcroesn 22111:, 1920. hi. TlT'I‘UNI read a report on the protection of minorities. Mr. Bassoon considered that the Covenant and the Treaties which provided for the Protection of Minorities laid a thankless and ditficult task up-on the Members of the Council. If it were necessary to protect a rninority, one of the Members of the Council would have to take upon itself the duty of accusing the State which had not fulfilled its undertakings. Id. 'I‘1'rroru remarked that the Council possessed great freedom of action. If, after examination, it decided to consider the complaint of a minority, it might institute an investigation, or itself make suggestions, or refer the matter to the Permanent Court. As a matter of fact, except in the case of the Jews, minorities are always related to a State which willingly place the cause before the Council of peoples who considered themselves oppressed. The task laid upon the Council was far from being a pleasant one, but the Council could

scarcely refuse to accept it.

Mr, Bsnsotrn asked if the Council bad not a legal right to refuse to accept the guarantee for the protection of minorities. and if it could not consequently make reservations with regard to the procedure to he followed by the Council in providing for their protection. The general opinion of the Council was that it could, legally, refuse to guarantee the rights of minorities, but that in practice this was impossible, and could only have the most deplorable eonseq‘uences, as the Treaties had been accepted by the parties concerned with the utmost diffieu ty and it was necessary to avoid further reducing their authority. Mr. H.-\LFUUl~l. asked that his remarks should he inserted in the Minutes. Tie rs-port and rem!-nlirm sa'lmIil'l'|-rd l1'_|',r .h'. Tffloili were adopted. -_--ii-i

-\nn-ea 1. Tm; Gl.'fl|.R,\h'Tl-II-I or 1'|||~: In-:.u:I'|-: or 5-'.\T1o:~:s IN l‘l|-:sPI-: