T H E   F R A N K L Y N   R E P O R T        copyright (c) TFR 1995-2001           

         In the statement on Palestine, issued on 9 November, 1938, His
    Majesty's Government announced their intention to invite
    representatives of the Arabs of Palestine, of certain neighboring
    countries and of the Jewish Agency to confer with them in London
    regarding future policy. It was their sincere hope that, as a result
    of full, free and frank discussions, some understanding might be
    reached. Conferences recently took place with Arab and Jewish
    delegations, lasting for a period of several weeks, and served the
    purpose of a complete exchange of views between British Ministers
    and the Arab and Jewish representatives. In the light of the
    discussions as well as of the situation in Palestine and of the
    Reports of the Royal Commission and the Partition Commission,
    certain proposals were formulated by His Majesty's Government
    and were laid before the Arab and Jewish Delegations as the basis
    of an agreed settlement. Neither the Arab nor the Jewish
    delegation felt able to accept these proposals, and the conferences
    therefore did not result in an agreement. Accordingly His Majesty's
    Government are free to formulate their own policy, and after
    careful consideration they have decided to adhere generally to the
    proposals which were finally submitted to and discussed with the
    Arab and Jewish delegations.

         The Mandate for Palestine, the terms of which were
    confirmed by the Council of the League of Nations in 1922, has
    governed the policy of successive British Governments for nearly
    20 years. It embodies the Balfour Declaration and imposes on the
    Mandatory four main obligations. These obligations are set out in
    Article 2, 6 and 13 of the Mandate. There is no dispute regarding
    the interpretation of one of these obligations, that touching the
    protection of and access to the Holy Places and religious building or
    sites. The other three main obligations are generally as follows:

         To place the country under such political, administrative and
    economic conditions as will secure the establishment in Palestine of
    a national home for the Jewish People. To facilitate Jewish
    immigration under suitable conditions, and to encourage, in
    cooperation with the Jewish Agency, close settlement by Jews on
    the Land.

         To safeguard the civil and religious rights of all inhabitants of
    Palestine irrespective of race and religion, and, whilst facilitating
    Jewish immigration and settlement, to ensure that the rights and
    position of other sections of the population are not prejudiced.

         To place the country under such political, administrative and
    economic conditions as will secure the development of self governing
    institutions.

         The Royal Commission and previous commissions of Enquiry have
    drawn attention to the ambiguity of certain expressions in the
    Mandate, such as the expression `a national home for the Jewish
    people', and they have found in this ambiguity and the resulting
    uncertainty as to the objectives of policy a fundamental cause of
    unrest and hostility between Arabs and Jews. His Majesty's
    Government are convinced that in the interests of the peace and
    well being of the whole people of Palestine a clear definition of
    policy and objectives is essential. The proposal of partition
    recommended by the Royal Commission would have afforded such
    clarity, but the establishment of self supporting independent Arab
    and Jewish States within Palestine has been found to be
    impracticable. It has therefore been necessary for His Majesty's
    Government to devise an alternative policy which will, consistent
    with their obligations to Arabs and Jews, meet the needs of the
    situation in Palestine. Their views and proposals are set forth below
    under three heads, Section I, "The Constitution", Section II.
    Immigration and Section III. Land.

    Section I. "The Constitution"

         It has been urged that the expression "a national home for the
    Jewish people" offered a prospect that Palestine might in due
    course become a Jewish State or Commonwealth. His Majesty's
    Government do not wish to contest the view, which was expressed
    by the Royal Commission, that the Zionist leaders at the time of the
    issue of the Balfour Declaration recognized that an ultimate Jewish
    State was not precluded by the terms of the Declaration. But, with
    the Royal Commission, His Majesty's Government believe that the
    framers of the Mandate in which the Balfour Declaration was
    embodied could not have intended that Palestine should be
    converted into a Jewish State against the will of the Arab
    population of the country. That Palestine was not to be converted
    into a Jewish State might be held to be implied in the passage from
    the Command Paper of 1922 which reads as follows

         "Unauthorized statements have been made to the effect that
    the purpose in view is to create a wholly Jewish Palestine. Phrases
    have been used such as that `Palestine is to become as Jewish as
    England is English.' His Majesty's Government regard any such
    expectation as impracticable and have no such aim in view. Nor have
    they at any time contemplated .... the disappearance or the
    subordination of the Arabic population, language or culture in
    Palestine. They would draw attention to the fact that the terms of
    the (Balfour) Declaration referred to do not contemplate that
    Palestine as a whole should be converted into a Jewish National
    Home, but that such a Home should be founded IN PALESTINE."

         But this statement has not removed doubts, and His Majesty's
    Government therefore now declare unequivocally that it is not part
    of their policy that Palestine should become a Jewish State. They
    would indeed regard it as contrary to their obligations to the Arabs
    under the Mandate, as well as to the assurances which have been
    given to the Arab people in the past, that the Arab population of
    Palestine should be made the subjects of a Jewish State against
    their will.

         The nature of the Jewish National Home in Palestine was
    further described in the Command Paper of 1922 as follows

         "During the last two or three generations the Jews have
    recreated in Palestine a community now numbering 80,000, of whom
    about one fourth are farmers or workers upon the land. This
    community has its own political organs; an elected assembly for the
    direction of its domestic concerns; elected councils in the towns;
    and an organisation for the control of its schools. It has its elected
    Chief Rabbinate and Rabbinical Council for the direction of its
    religious affairs. Its business is conducted in Hebrew as a
    vernacular language, and a Hebrew press serves its needs. It has its
    distinctive intellectual life and displays considerable economic
    activity. This community, then, with its town and country population,
    its political, religious and social organisations, its own language, its
    own customs, its own life, has in fact `national' characteristics.
 
    When it is asked what is meant by the development of the Jewish
    National Home in Palestine, it may be answered that it is not the
    imposition of a Jewish nationality upon the inhabitants of Palestine
    as a whole, but the further development of the existing Jewish
    community, with the assistance of Jews in other parts of the world,
    in order that it may become a centre in which the Jewish people as a
    whole may take, on grounds of religion and race, an interest and
    pride. But in order that this community should have the best
    prospect of free development and provide a full opportunity for the
    Jewish people to display its capacities, it is essential that it should
    know that it is in Palestine as of right and not on sufferance. That is
    the reason why it is necessary that the existence of a Jewish
    National Home in Palestine should be internationally guaranteed, and
    that it should be formally recognized to rest upon ancient historic
    connection."

         His Majesty's Government adhere to this interpretation of the
    (Balfour) Declaration of 1917 and regard it as an authoritative and
    comprehensive description of the character of the Jewish National
    Home in Palestine. It envisaged the further development of the
    existing Jewish community with the assistance of Jews in other
    parts of the world. Evidence that His Majesty's Government have
    been carrying out their obligation in this respect is to be found in
    the facts that, since the statement of 1922 was published, more
    than 300,000 Jews have immigrated to Palestine, and that the
    population of the National Home has risen to some 450,000, or
    approaching a third of the entire population of the country. Nor has
    the Jewish community failed to take full advantage of the
    opportunities given to it. The growth of the Jewish National Home
    and its achievements in many fields are a remarkable constructive
    effort which must command the admiration of the world and must
    be, in particular, a source of pride to the Jewish people.

         In the recent discussions the Arab delegations have repeated
    the contention that Palestine was included within the area in which
    Sir Henry McMahon, on behalf of the British Government, in
    October, 1915, undertook to recognise and support Arab
    independence. The validity of this claim, based on the terms of the
    correspondence which passed between Sir Henry McMahon and the
    Sharif of Mecca, was thoroughly and carefully investigated by the
    British and Arab representatives during the recent conferences in
    London. Their report, which has been published, states that both
    the Arab and the British representatives endeavoured to
    understand the point of view of the other party but that they were
    unable to reach agreement upon an interpretation of the
    correspondence. There is no need to summarize here the arguments
    presented by each side. His Majesty's Government regret the
    misunderstandings which have arisen as regards some of the
    phrases used. For their part they can only adhere, for the reasons
    given by their representatives in the Report, to the view that the
    whole of Palestine west of Jordan was excluded from Sir Henry
    McMahon's pledge, and they therefore cannot agree that the
    McMahon correspondence forms a just basis for the claim that
    Palestine should be converted into an Arab State.

         His Majesty's Government are charged as the Mandatory
    authority "to secure the development of self governing institutions"
    in Palestine. Apart from this specific obligation, they would regard
    it as contrary to the whole spirit of the Mandate system that the
    population of Palestine should remain forever under Mandatory
    tutelage. It is proper that the people of the country should as early
    as possible enjoy the rights of self-government which are exercised
    by the people of neighbouring countries. His Majesty's Government
    are unable at present to foresee the exact constitutional forms
    which government in Palestine will eventually take, but their
    objective is self government, and they desire to see established
    ultimately an independent Palestine State. It should be a State in
    which the two peoples in Palestine, Arabs and Jews, share authority
    in government in such a way that the essential interests of each are
    shared.

         The establishment of an independent State and the complete
    relinquishment of Mandatory control in Palestine would require such
    relations between the Arabs and the Jews as would make good
    government possible. Moreover, the growth of self governing
    institutions in Palestine, as in other countries, must be an
    evolutionary process. A transitional period will be required before
    independence is achieved, throughout which ultimate responsibility
    for the Government of the country will be retained by His
    Majesty's Government as the Mandatory authority, while the people
    of the country are taking an increasing share in the Government,
    and understanding and cooperation amongst them are growing. It
    will be the constant endeavour of His Majesty's Government to
    promote good relations between the Arabs and the Jews.

         In the light of these considerations His Majesty's Government
    make the following declaration of their intentions regarding the
    future government of Palestine:

         The objective of His Majesty's Government is the
    establishment within 10 years of an independent Palestine State in
    such treaty relations with the United Kingdom as will provide
    satisfactorily for the commercial and strategic requirements of
    both countries in the future. The proposal for the establishment of
    the independent State would involve consultation with the Council of
    the League of Nations with a view to the termination of the
    Mandate.

         The independent State should be one in which Arabs and Jews
    share government in such a way as to ensure that the essential
    interests of each community are safeguarded.

         The establishment of the independent State will be preceded
    by a transitional period throughout which His Majesty's
    Government will retain responsibility for the country. During the
    transitional period the people of Palestine will be given an increasing
    part in the government of their country. Both sections of the
    population will have an opportunity to participate in the machinery of
    government, and the process will be carried on whether or not they
    both avail themselves of it.

         As soon as peace and order have been sufficiently restored in
    Palestine steps will be taken to carry out this policy of giving the
    people of Palestine an increasing part in the government of their
    country, the objective being to place Palestinians in charge of all the
    Departments of Government, with the assistance of British advisers
    and subject to the control of the High Commissioner. Arab and
    Jewish representatives will be invited to serve as heads of
    Departments approximately in proportion to their respective
    populations. The number of Palestinians in charge of Departments
    will be increased as circumstances permit until all heads of
    Departments are Palestinians, exercising the administrative and
    advisory functions which are presently performed by British
    officials. When that stage is reached consideration will be given to
    the question of converting the Executive Council into a Council of
    Ministers with a consequential change in the status and functions of
    the Palestinian heads of Departments.

         His Majesty's Government make no proposals at this stage
    regarding the establishment of an elective legislature. Nevertheless
    they would regard this as an appropriate constitutional
    development, and, should public opinion in Palestine hereafter show
    itself in favour of such a development, they will be prepared,
    provided that local conditions permit, to establish the necessary
    machinery.

         At the end of five years from the restoration of peace and
    order, an appropriate body representative of the people of
    Palestine and of His Majesty's Government will be set up to review
    the working of the constitutional arrangements during the
    transitional period and to consider and make recommendations
    regarding the constitution of the independent Palestine State.

         His Majesty's Government will require to be satisfied that in
    the treaty contemplated by sub-paragraph (6) adequate provision
    has been made for:

         the security of, and freedom of access to the Holy Places, and
    protection of the interests and property of the various religious
    bodies.

         the protection of the different communities in Palestine in
    accordance with the obligations of His Majesty's Government to
    both Arabs and Jews and for the special position in Palestine of the
    Jewish National Home.

         such requirements to meet the strategic situation as may be
    regarded as necessary by His Majesty's Government in the light of
    the circumstances then existing. His Majesty's Government will also
    require to be satisfied that the interests of certain foreign
    countries in Palestine, for the preservation of which they are at
    present responsible, are adequately safeguarded.

         His Majesty's Government will do everything in their power to
    create conditions which will enable the independent Palestine State
    to come into being within 10 years. If, at the end of 10 years, it
    appears to His Majesty's Government that, contrary to their hope,
    circumstances require the postponement of the establishment of
    the independent State, they will consult with representatives of the
    people of Palestine, the Council of the League of Nations and the
    neighbouring Arab States before deciding on such a postponement.
    If His Majesty's Government come to the conclusion that
    postponement is unavoidable, they will invite the co-operation of
    these parties in framing plans for the future with a view to
    achieving the desired objective at the earliest possible date.

         During the transitional period steps will be taken to increase
    the powers and responsibilities of municipal corporations and local
    councils.

    Section II. Immigration

         Under Article 6 of the Mandate, the Administration of
    Palestine, "while ensuring that the rights and position of other
    sections of the population are not prejudiced," is required to
    "facilitate Jewish immigration under suitable conditions." Beyond
    this, the extent to which Jewish immigration into Palestine is to be
    permitted is nowhere defined in the Mandate. But in the Command
    Paper of 1922 it was laid down that for the fulfillment of the policy
    of establishing a Jewish National Home:

         "it is necessary that the Jewish community in Palestine should
    be able to increase its numbers by immigration. This immigration
    cannot be so great in volume as to exceed whatever may be the
    economic capacity of the country at the time to absorb new arrivals.
    It is essential to ensure that the immigrants should not be a burden
    upon the people of Palestine as a whole, and that they should not
    deprive any section of the present population of their employment."

         In practice, from that date onwards until recent times, the
    economic absorptive capacity of the country has been treated as
    the sole limiting factor, and in the letter which Mr. Ramsay
    MacDonald, as Prime Minister, sent to Dr. Weizmann in February
    1931 it was laid down as a matter of policy that economic absorptive
    capacity was the sole criterion. This interpretation has been
    supported by resolutions of the Permanent Mandates Commissioner.
    But His Majesty's Government do not read either the Statement of
    Policy of 1922 or the letter of 1931 as implying that the Mandate
    requires them, for all time and in all circumstances, to facilitate the
    immigration of Jews into Palestine subject only to consideration of
    the country's economic absorptive capacity. Nor do they find
    anything in the Mandate or in subsequent Statements of Policy to
    support the view that the establishment of a Jewish National Home
    in Palestine cannot be effected unless immigration is allowed to
    continue indefinitely. If immigration has an adverse effect on the
    economic position in the country, it should clearly be restricted; and
    equally, if it has a seriously damaging effect on the political position
    in the country, that is a factor that should not be ignored. Although
    it is not difficult to contend that the large number of Jewish
    immigrants who have been admitted so far have been absorbed
    economically, the fear of the Arabs that this influx will continue
    indefinitely until the Jewish population is in a position to dominate
    them has produced consequences which are extremely grave for
    Jews and Arabs alike and for the peace and prosperity of Palestine.
    The lamentable disturbances of the past three years are only the
    latest and most sustained manifestation of this intense Arab
    apprehension. The methods employed by Arab terrorists against
    fellow Arabs and Jews alike must receive unqualified condemnation.
    But it cannot be denied that fear of indefinite Jewish immigration is
    widespread amongst the Arab population and that this fear has
    made possible disturbances which have given a serious setback to
    economic progress, depleted the Palestine exchequer, rendered life
    and property insecure, and produced a bitterness between the Arab
    and Jewish populations which is deplorable between citizens of the
    same country. If in these circumstances immigration is continued up
    to the economic absorptive capacity of the country, regardless of
    all other considerations, a fatal enmity between the two peoples will
    be perpetuated, and the situation in Palestine may become a
    permanent source of friction amongst all peoples in the Near and
    Middle East. His Majesty's Government cannot take the view that
    either their obligations under the Mandate, or considerations of
    common sense and justice, require that they should ignore these
    circumstances in framing immigration policy.

         In the view of the Royal Commission the association of the
    policy of the Balfour Declaration with the Mandate system implied
    the belief that Arab hostility to the former would sooner or later
    be overcome. It has been the hope of British Governments ever
    since the Balfour Declaration was issued that in time the Arab
    population, recognizing the advantages to be derived from Jewish
    settlement and development in Palestine, would become reconciled
    to the further growth of the Jewish National Home. This hope has
    not been fulfilled. The alternatives before His Majesty's
    Government are either (i) to seek to expand the Jewish National
    Home indefinitely by immigration, against the strongly expressed
    will of the Arab people of the country; or (ii) to permit further
    expansion of the Jewish National Home by immigration only if the
    Arabs are prepared to acquiesce in it. The former policy means rule
    by force. Apart from other considerations, such a policy seems to
    His Majesty's Government to be contrary to the whole spirit of
    Article 22 of the Covenant of the League of Nations, as well as
    to their specific obligations to the Arabs in the Palestine Mandate.
 
   Moreover, the relations between the Arabs and the Jews in
    Palestine must be based sooner or later on mutual tolerance and
    goodwill; the peace, security and progress of the Jewish National
    Home itself requires this. Therefore His Majesty's Government,
    after earnest consideration, and taking into account the extent to
    which the growth of the Jewish National Home has been facilitated
    over the last twenty years, have decided that the time has come to
    adopt in principle the second of the alternatives referred to above.
 
 
 
 

         It has been urged that all further Jewish immigration into
    Palestine should be stopped forthwith. His Majesty's Government
    cannot accept such a proposal. It would damage the whole of the
    financial and economic system of Palestine and thus effect
    adversely the interests of Arabs and Jews alike. Moreover, in the
    view of His Majesty's Government, abruptly to stop further
    immigration would be unjust to the Jewish National Home. But,
    above all, His Majesty's Government are conscious of the present
    unhappy plight of large numbers of Jews who seek refuge from
    certain European countries, and they believe that Palestine can and
    should make a further contribution to the solution of this pressing
    world problem. In all these circumstances, they believe that they
    will be acting consistently with their Mandatory obligations to both
    Arabs and Jews, and in the manner best calculated to serve the
    interests of the whole people of Palestine, by adopting the following
    proposals regarding immigration:

         Jewish immigration during the next five years will be at a rate
    which, if economic absorptive capacity permits, will bring the Jewish
    population up to approximately one third of the total population of
    the country. Taking into account the expected natural increase of
    the Arab and Jewish populations, and the number of illegal Jewish
    immigrants now in the country, this would allow of the admission, as
    from the beginning of April this year, of some 75,000 immigrants
    over the next five years. These immigrants would, subject to the
    criterion of economic absorptive capacity, be admitted as follows:

         For each of the next five years a quota of 10,000 Jewish
    immigrants will be allowed on the understanding that a shortage one
    year may be added to the quotas for subsequent years, within the
    five year period, if economic absorptive capacity permits.

         In addition, as a contribution towards the solution of the
    Jewish refugee problem, 25,000 refugees will be admitted as soon
    as the High Commissioner is satisfied that adequate provision for
    their maintenance is ensured, special consideration being given to
    refugee children and dependents.

         The existing machinery for ascertaining economic absorptive
    capacity will be retained, and the High Commissioner will have the
    ultimate responsibility for deciding the limits of economic capacity.
    Before each periodic decision is taken, Jewish and Arab
    representatives will be consulted.

         After the period of five years, no further Jewish immigration
    will be permitted unless the Arabs of Palestine are prepared to
    acquiesce in it.

         His Majesty's Government are determined to check illegal
    immigration, and further preventive measures are being adopted.
    The numbers of any Jewish illegal immigrants who, despite these
    measures, may succeed in coming into the country and cannot be
    deported will be deducted from the yearly quotas.

         His Majesty's Government are satisfied that, when the
    immigration over five years which is now contemplated has taken
    place, they will not be justified in facilitating, nor will they be under
    any obligation to facilitate, the further development of the Jewish
    National Home by immigration regardless of the wishes of the Arab
    population.

    Section III. Land

         The Administration of Palestine is required, under Article 6 of
    the Mandate, "while ensuring that the rights and position of other
    sections of the population are not prejudiced," to encourage "close
    settlement by Jews on the land," and no restriction has been
    imposed hitherto on the transfer of land from Arabs to Jews. The
    Reports of several expert Commissions have indicated that, owing to
    the natural growth of the Arab population and the steady sale in
    recent years of Arab land to Jews, there is now in certain areas no
    room for further transfers of Arab land, whilst in some other areas
    such transfers of land must be restricted if Arab cultivators are to
    maintain their existing standard of life and a considerable landless
    Arab population is not soon to be created. In these circumstances,
    the High Commissioner will be given general powers to prohibit and
    regulate transfers of land. These powers will date from the
    publication of this statement of policy and the High Commissioner
    will retain them throughout the transitional period.

         The policy of the Government will be directed towards the
    development of the land and the improvement, where possible, of
    methods of cultivation. In the light of such development it will be
    open to the High Commissioner, should he be satisfied that the
    "rights and position" of the Arab population will be duly preserved,
    to review and modify any orders passed relating to the prohibition
    or restriction of the transfer of land.

         In framing these proposals His Majesty's Government have
    sincerely endeavoured to act in strict accordance with their
    obligations under the Mandate to both the Arabs and the Jews. The
    vagueness of the phrases employed in some instances to describe
    these obligations has led to controversy and has made the task of
    interpretation difficult. His Majesty's Government cannot hope to
    satisfy the partisans of one party or the other in such controversy
    as the Mandate has aroused. Their purpose is to be just as between
    the two people in Palestine whose destinies in that country have
    been affected by the great events of recent years, and who, since
    they live side by side, must learn to practice mutual tolerance,
    goodwill and co operation. In looking to the future, His Majesty's
    Government are not blind to the fact that some events of the past
    make the task of creating these relations difficult; but they are
    encouraged by the knowledge that as many times and in many places
    in Palestine during recent years the Arab and Jewish inhabitants
    have lived in friendship together. Each community has much to
    contribute to the welfare of their common land, and each must
    earnestly desire peace in which to assist in increasing the well being
    of the whole people of the country. The responsibility which falls on
    them, no less than upon His Majesty's Government, to co operate
    together to ensure peace is all the more solemn because their
    country is revered by many millions of Moslems, Jews and
    Christians throughout the world who pray for peace in Palestine and
    for the happiness of her people.

  COMMENT:

   This document reveals Great Britain's more realistic understanding of its role as the Mandate country. It also strains to convince itself that things will get better between the Jews and the Palestinians. At the time of this document, Zionist-Jews were operating in a terrorist mode and both adversaries knew that they would not ever agree on the growing presence of Jews. Unfortunately, no one expected Palestinians and their Arab brothers to ever match the strength of the Zionists who by the time of this document were being supported by Jewish money from the USA. It was at this time, that Israel was developing stronger ties to the U.S. because current British administrations were tiring of the Mandate responsibility, both costs and frustration due to Jews challenging the British Military assigned to keep the peace. At this point in Time, Britain began looking for a way out of the Mandate! It had a new preoccupation to worry with: Hitler and the coming of the Second World War!

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