Nature Of The
pp. 35-36 · Read in the full issue
Mandates
League Has No Authority to Transfer or Cancel
THERE seems still to be considerable contusion concerning the terms under which the Dominions of Great Britain hold the mandated territories of New Guinea and Western Samoa.
The then Australian Minister for Ter ritories (Mr. Hughes) on November 4, was asked a question about it. He re plied: “The question is similar to one put by the Leader of the Opposition on 14th October last, which was — "Will the Prime Minister state whether the Government subscribes to the sub stance of the statement by the Minister for External Affairs (Mr. Hughes) which appeared in the press of the 10th October, 1938, in reference to the Mandated Ter ritory of New Guinea?’
"The reply given by the Prime Minister was as follows: — " ‘The principle underlying the state ment made by the Minister for Exter nal Affairs is in accord with the views and policy of the Government in connection with the mandate held by Australia.’
"For your information I may add that, summarised, my statement oi 10th Octo ber was to the effect that Australia was given the mandate of New Guinea by the allied and associated powers to whom Germany, under Article 119 of the Ver sailles Peace Treaty, surrendered all its overseas possessions. The surrender was absolute. Our mandate is not limited in time but, subject to one condition, is held as an integral part of the Commonwealth.
The condition is that we are to govern the territory not for the purpose of selfish exploitation, but in the interests of the native population. This condition we have religiously observed. The suggestion that we should relinquish the mandate cannot be seriously entertained. Apart from all else, strategic reasons make this impos sible.”
Mr. Herbert G. Williams, British
M.P., former Parliamentary Secret ary to the British Board of Trade, in an article recently published, said:— "It is believed in many quarters that those Territories (Tanganyika, British Togoland and British Cameroons) as well as the other Mandated Territories con trolled by South Africa, Australia, New Zealand, France, Belgium and Portugal, belong to the League of Nations and that the government of the Territories was en trusted to the respective Mandatory Powers by the League.
“This is a complete delusion.
"The facts of the case are that in Article 119 of the Peace Treaty of Ver sailles Germany renounced all her rights and titles to her overseas possessions in favour of the principal Allied and Associ ated Powers —Belgium, France, Italy, Japan, the United Kingdom and the United States.
"These Powers in turn decided to which countries the various surrendered Ter ritories should be transferred: the trans fer was a permanent one, but was made subject to certain conditions.
“It was laid down that the administra tion of the Territories should be subject to certain restrictions designed to safe guard the natives and designed also to avoid discrimination by the Mandatory
Power against the interests of other nations.
“Many people seem to think that the Mandate is the authority for the control and government of the Territories; it is nothing of the kind, it is merely a list or rules for the purpose of achieving the objects indicated above.
“It was part of the whole scheme that after the transfer of the Territories had been effected the Mandatory Power was to draft the Mandate and to submit it to the League of Nations for approval.
“The process of preparing the Man dates was, in fact, a lengthy process, and in many cases we had been several years in complete control of the Territories before the Mandate was finally settled.” (The first clauses respectively in the Mandates of New Guinea and Western Samoa bear out Mr. Williams’ conten tion. They read:
“Whereas, by Article 119 of the Treaty of Peace with Germany . . . Germany re nounced in favour of the principal Allied and Associated Powers all her rights over her oversea possessions ...” and “whereas the principal Allied and Associated Powers agreed that, in accordance with Article 22, Part 1 (covenant of League of Nations) of the said Treaty, a Mandate should be conferred upon His Britannic Majesty ...” There can be no argument there about the derivation of authority.
The League of Nations did not confer the mandate, and has no power to cancel or transfer it.) Ratu Tiale Vuiyasawa, Roko Tui Ra, has been appointed a member of the Fiji Legislative Council. He fills the vacancy caused by the death of Ratu P.
Veli, Roko Tui Macuata.
Mr. J. N. Marshall, formerly of Oil Search Ltd., Wewak. New Guinea, has joined the staff of Australasian Petro leum Company as commercial superin tendent.
Mr. A. E. Osborne, officer in charge of the Tulagi radio station. British Solomon Islands, reached Sydney on leave with his wife by the last “Malaita”.