|
The
Treaty of Sèvres, 1920
(from: The Treaties
of Peace 1919-1923, Vol. II, Carnegie Endowment for International Peace,
New York, 1924.)
Section I, Articles
1-260
THE TREATY OF PEACE
BETWEEN THE ALLIED AND ASSOCIATED POWERS AND TURKEY SIGNED AT SÈVRES
AUGUST 10, 1920
THE BRITISH EMPIRE, FRANCE, ITALY AND JAPAN,
These Powers being
described in the present Treaty as the Principal Allied Powers;
ARMENIA,
BELGIUM, GREECE, THE HEDJAZ, POLAND, PORTUGAL, ROUMANIA, THE
SERB-CROAT-SLOVENE STATE AND CZECHO-SLOVAKIA,
These Powers
constituting, with the Principal Powers mentioned above, the Allied Powers,
of the one part;
AND TURKEY,
of the other part;
Whereas on the
request of the Imperial Ottoman Government an Armistice was granted to
Turkey on October 30, 1918, by the Principal Allied Powers in order that a
Treaty of Peace might be concluded, and
Whereas the Allied
Powers are equally desirous that the war in which certain among them were
successively involved, directly or indirectly, against Turkey, and which
originated in the declaration of war against Serbia on July 28, I914, by the
former Imperial and Royal Austro-Hungarian Government, and in the
hostilities opened by Turkey against the Allied Powers on October 29, 1914,
and conducted by Germany in alliance with Turkey, should be replaced by a
firm, just and durable Peace,
For this purpose the
HIGH CONTRACTING PARTIES have appointed as their Plenipotentiaries:
HIS MAJESTY THE KING
OF THE UNITED KINGDOM OF GREAT BRITAIN AND IRELAND AND OF THE BRITISH
DOMINIONS BEYOND TIIE SEAS, EMPEROR OF INDIA:
Sir George Dixon GRAHAME, K. C. V. O., Minister Plenipotentiary of His
Britannic Majesty at Paris;
for the DOMINION of
CANADA:
The Honourable Sir George Halsey PERLEY, K.C. M. G
High Commissioner for Canada in the United Kingdom;
for the COMMONWEALTH
of AUSTRALIA:
The Right Honourable Andrew FISHER, High Commissioner for Australia in the
United Kingdom;
for the DOMINION of
NEW ZEALAND:
Sir George Dixon GRAHAME, K. C. V. O., Minister Plenipotentiary of His
Britannic Majesty at Paris;
for the UNION of
SOUTH AFRICA:
Mr. Reginald Andrew BLANKENBERG, O. B. E., Acting High Commissioner for the
Union of South Africa in the United Kingdom;
for INDIA:
Sir Arthur HIRTZEL, K. C. B., Assistant Under Secretary of State for India;
THE PRESIDENT OF THE
FRENCH REPUBLIC:
Mr. Alexandre MILLERAND, President of the Council, Minister for Foreign
Affairs
Mr. Frederic FRANÇOIS-MARSAL, Minister of Finance
Mr. Auguste Paul-Louis ISAAC, Minister of Commerce and Industry;
Mr. Jules CAMBON, Ambassador of France
Mr. Georges Maurice PALÉOLOGUE, Ambassador of France, Secretary-General of
the Ministry of Foreign Affairs;
Hls MAJESTY THE KING
OF ITALY:
Count LELIO BONIN LONGARE, Senator of the Kingdom
Ambassador
Extraordinary and Plenipotentiary of H. M. the King of Italy at Paris
General Giovanni MARIETTI, Italian Military Representative on the Supreme
War Council;
Hls MAJESTY THE
EMPEROR OF JAPAN:
Viscount CHINDA, Ambassador Extraordinary and Plenipotentiary of H. M. the
Emperor of Japan at London;
Mr. K. MATSUI, Ambassador Extraordinary and Plenipotentiary of H. M. the
Emperor of Japan at Paris;
ARMENIA:
Mr. Avetis AHARONIAN, President of the Delegation of the Armenian Republic;
HIS MAJESTY THE KING
OF THE BELGIANS:
Mr. Jules VAN DEN HEUVEL, Envoy Extraordinary and Minister Plenipotentiary,
Minister of State;
Mr. ROLIN JAEQUEMYNS, Member of the Institute of Private International Law,
Secretary-General of the Belgian Delegation;
HIS MAJESTY THE KING
OF THE HELLENES:
Mr. Eleftherios K. VENIZELOS, President of the Council of Ministers;
Mr. Athos ROMANOS, Envoy Extraordinary and Minister Plenipotentiary of H. M.
the King of the Hellenes at Paris;
HIS MAJESTY THE KING
OF THE HEDJAZ:
THE PRESIDENT OF THE
POLISH REPUBLIC:
Count Maurice ZAMOYSKI, Envoy Extraordinary and Minister Plenipotentiary of
the Polish Republic at Paris;
Mr. Erasme PILTZ;
THE PRESIDENT OF THE
PORTUGUESE REPUBLIC:
Dr. Affonso da COSTA, formerly President of the Council of Ministers;
His MAJESTY THE KING
OF ROUMANIA:
Mr. Nicolae TITULESCU, Minister of Finance;
Prince DIMITRIE
GHIKA, Envoy Extraordinary and Minister Plenipotentiary of H. M. the King of
Roumania at Paris;
Hls MAJESTY THE KING
OF THE SERBS, THE CROATS AND THE SLOVENES:
Mr. Nicolas P.
PACHITCH, formerly President of the Council of Ministers;
Mr. Ante TRUMBIC, Minister for Foreign Affairs;
THE PRESIDENT OF THE
CZECHO-SLOVAK REPUBLIC:
Mr. Edward BENES, Minister for Foreign Affairs;
Mr. Stephen OSUSKY, Envoy Extraordinary and Minister Plenipotentiary of the
Czecho-Slovak Republic at London;
TURKEY:
General HAADI Pasha, Senator;
RIZA TEVFIK Bey, Senator;
RECHAD HALISS Bey, Envoy Extraordinary and Minister Plenipotentiary of
Turkey at Berne; WHO, having communicated their full powers, found in good
and due form, have AGREED AS FOLLOWS:
From the coming into
force of the present Treaty the state of war will terminate.
From that moment and
subject to the provisions of the present Treaty, officiai relations will
exist between the Allied Powers and Turkey.
PART I.
THE COVENANT OF THE LEAGUE OF NATIONS.
ARTICLES 1 TO 26 AND ANNEX
See Part I, Treaty of Versailles, Pages 10-23.
PART II.
FRONTIERS OF TURKEY.
ARTICLE 27.
I. In Europe, the
frontiers of Turkey will be laid down as follows:
1. The Black Sea: from the entrance of the Bosphorus to the point described
below.
2. With Greece:
From a point to be chosen on the Black Sea near the mouth of the Biyuk Dere,
situated about 7 kilometres north-west of Podima, south-westwards to the
most north-westerly point of the limit of the basin of the Istranja Dere
(about 8 kilometres northwest of Istranja), a line to be fixed on the ground
passing through Kapilja Dagh and Uchbunar Tepe;
thence south-south-eastwards to a point to be chosen on the railway from
Chorlu to Chatalja about 1 kilometre west of the railway station of Sinekli,
a line following as far as possible the western limit of the basin of the
Istranja Dere;
thence south-eastwards to a point to be chosen between Fener and Kurfali on
the watershed between the basins of those rivers which flow into Biyuk
Chekmeje Geul, on the north-east, and the basin of those rivers which flow
direct into the Sea of Marmora on the south-west, a line to be fixed on the
ground passing south of Sinekli;
thence south-eastwards to a point to be chosen on the Sea of Marmora about 1
kilometre south-west of Kalikratia, a line following as far as possible this
watershed.
3. The Sea of
Marmora:
from the point defined above to the entrance of the Bosphorus.
II. In Asia, the
frontiers of Turkey will be laid down as follows:
1. On the West and South:
From the entrance of the Bosphorus into the Sea of Marmora to a point
described below, situated in the eastern Mediterranean Sea in the
neighbourhood of the Gulf of Alexandretta near Karatash Burun the Sea of
Marmora, the Dardanelles, and the Eastern Mediterranean Sea; the islands of
the Sea of Marmora, and those which are situated within a distance of 3
miles from the coast, remaining Turkish, subject to the provisions of
Section IV and Articles 84 and 122, Part III (Political Clauses).
2. With Syria:
From a point to be chosen on the eastern bank of the outlet of the Hassan
Dede, about 3 kilometres north-west of Karatash Bu- run, north-eastwards to
a point to be chosen on the Djaihun Irmak about 1 kilometre north of Babeli,
a line to be fixed on the ground passing north of Karatash; thence to Kesik
Kale, the course of the Djaihun Irmak upstream;
thence north-eastwards to a point to be chosen on the Djaihun Irmak about 15
kilometres east-southeast of Karsbazar, a line to be fixed on the ground
passing north of Kara Tepe;
thence to the bend in the Djaihun Irmak situated west of Duldul Dagh, the
course of the Djaihun Irmak upstream;
thence in a general south-easterly direction to a point to be chosen on Emir
Musi Dagh about 15 kilometres south-south-west of Giaour Geul a line to be
fixed on the ground at a distance of about 18 kilometres from the railway,
and leaving Duldul Dagh to Syria;
thence eastwards to a point to be chosen about 5 kilometres north of Urfa a
generally straight line from west to east to be hxed on the ground passing
north of the roads connecting the towns of Bagh- che, Aintab, Biridjik, and
Urfa and leaving the last three named towns to Syria;
thence eastwards to the south-western extremity of the bend in the Tigris
about 6 kilometres north of Azekh (27 kilometres west of Djezire-ibn-Omar),
a generally straight line from west to east to be fixed on the ground
leaving the town of Mardin to Syria;
thence to a point to be chosen on the Tigris between the point of confluence
of the Khabur Su with the Tigris and the bend in the Tigris situated about
10 kilometres north of this point,
the course of the Tigris downstream, leaving the island on which is situated
the town of Djezire-ibn-Omar to Syria.
3. With Mesopotamia:
Thence in a general easterly direction to a point to be chosen on the
northern boundary of the vilayet of Mosul,
a line to be fixed on the ground;
thence eastwards to the point where it meets the frontier between Turkey and
Persia,
the northern boundary of the vilayet of Mosul, modified, however, so as to
pass south of Amadia.
4. On the East and
the North East:
From the point above defined to the Black Sea, the existing frontier between
Turkey and Persia, then the former frontier between Turkey and Russia,
subject to the provisions of Article 89.
5. The Black Sea.
ARTICLE 28.
The frontiers
described by the present Treaty are traced on the one in a million maps
attached to the present Treaty. In case of differences between the text and
the map, the text will prevail. [See Introduction.]
ARTICLE 29.
Boundary
Commissions, whose composition is or will be fixed in the present Treaty or
in Treaties supplementary thereto, will have to trace these frontiers on the
ground.
They shall have the
power, not only of fixing those portions which are defined as "a line to be
fixed on the ground," but also, if the Commission considers it necessary, of
revising in matters of detail portions defined by administrative boundaries
or otherwise. They shall endeavour in all cases to follow as nearly as
possible the descriptions given in the Treaties, taking into account, as far
as possible, administrative boundaries and local economic interests.
The decisions of the
Commissions will be taken by a majority, and shall be binding on the parties
concerned.
The expenses of the
Boundary Commissions will be borne in equal shares by the parties concerned.
ARTICLE 30.
In so far as
frontiers defined by a waterway are concerned, the phrases "course" or
"channel" used in the descriptions of the present Treaty signify, as regards
non-navigable rivers, the median line of the waterway or of its principal
branch, and, as regards navigable rivers, the median line of the principal
channel of navigation. It will rest with the Boundary Commissions provided
for by the present Treaty to specify whether the frontier line shall follow
any changes of the course or channel which may take place, or whether it
shall be definitely fixed by the position of the course or channel at the
time when the present Treaty comes into force.
In the absence of
provisions to the contrary in the present Treaty, islands and islets Iying
within three miles of the coast are included within the frontier of the
coastal State.
ARTICLE 31.
The various States
concerned undertake to furnish to the Commissions all documents necessary
for their tasks, especially authentic copies of agreements fixing existing
or old frontiers, all large scale maps in existence, geodetic data, surveys
completed but unpublished, and information concerning the changes of
frontier watercourses. The maps, geodetic data, and surveys, even if
unpublished, which are in the possession of the Turkish authorities must be
delivered at Constantinople, within thirty days from the coming into force
of the present Treaty, to such representative of the Commissions concerned
as may be appointed by the principal Allied Powers.
The States concerned
also undertake to instruct the local authorities to communicate to the
Commissions all documents, especially plans, cadastral and land books, and
to furnish on demand all details regarding property, existing economic
conditions, and other necessary information.
ARTICLE 32.
The various States
interested undertake to give every assistance to the Boundary Commissions,
whether directly or through local authorities, in everything that concerns
transport, accommodation, labour, materials (sign-posts, boundary pillars)
necessary for the accomplishment of their mission.
In particular the
Turkish Government undertakes to furnish to the Principal Allied Powers such
technical personnel as they may consider necessary to assist the Boundary
Commissions in the accomplishment of their mission.
ARTICLE 33.
The various States
interested undertake to safeguard the trigonometrical points, signals, posts
or frontier marks erected by the Commissions.
ARTICLE 34
The pillars will be
placed so as to be intervisible; they will be numbered, and their position
and their number will be noted on a cartographic document.
ARTICLE 35.
The protocols
defining the boundary and the maps and documents attached thereto will be
made out in triplicate, of which two copies will be forwarded to the
Governments of the limitrophe States, and the third to the Government of the
French Republic, which will deliver authentic copies to the Powers who sign
the present Treaty.
PART III.
POLITICAL CLAUSES.
SECTION I.
CONSTANTINOPLE.
ARTICLE 36.
Subject to the
provisions of the present Treaty, the High Contracting Parties agree that
the rights and title of the Turkish Government over Constantinople shall not
be affected, and that the said Government and His Majesty the Sultan shall
be entitled to reside there and to maintain there the capital of the Turkish
State.
Nevertheless, in the
event of Turkey failing to observe faithfully the provisions of the present
Treaty, or of any treaties or conventions supplementary thereto,
particularly as regards the protection of the rights of racial, religious or
linguistic minorities, the Allied Powers expressly reserve the right to
modify the above provisions, and Turkey hereby agrees to accept any
dispositions which may be taken in this connection.
SECTION I I .
STRAITS.
ARTICLE 37.
The navigation of
the Straits, including the Dardanelles, the Sea of Marmora and the
Bosphorus, shall in future be open, both in peace and war, to every vessel
of commerce or of war and to military and commercial aircraft, without
distinction of flag.
These waters shall
not be subject to blockade, nor shall any belligerent right be exercised nor
any act of hostility be committed within them, unless in pursuance of a
decision of the Council of the League of Nations.
ARTICLE 33.
The Turkish
Government recognises that it is necessary to take further measures to
ensure the freedom of navigation provided for in Article 37, and accordingly
delegates, so far as it is concerned, to a Commission to be called the
"Commission of the Straits," and hereinafter referred to as 'the
Commission," the control of the waters specified in Article 39.
The Greek
Government, so far as it is concerned, delegates to the Commission the same
powers and undertakes to give it in all respects the same facilities.
Such control shall
be exercised in the name of the Turkish and Greek Governments respectively,
and in the manner provided in this Section.
ARTICLE 39.
The authority of the
Commission will extend to all the waters between the Mediterranean mouth of
the Dardanelles and the Black Sea mouth of the Bosphorus, and to the waters
within three miles of each of these mouths.
This authority may
be exercised on shore to such extent as may be necessary for the execution
of the provisions of this Section.
ARTICLE 40.
The Commission shall
be composed of representatives appointed respectively by the United States
of America (if and when that Government is willing to participate), the
British Empire, France, Italy, Japan, Russia (if and when Russia becomes a
member of the League of Nations), Greece, Roumania, and Bulgaria and Turkey
(if and when the two latter States become members of the League of Nations).
Each Power shall appoint one representative. The representatives of the
United States of America, the British Empire, France, Italy, Japan and
Russia shall each have two votes. The representatives of Greece, Roumania,
and Bulgaria and Turkey shall each have one vote. Each Commissioner shall be
removable only by the Government which appointed him.
ARTICLE 41.
The Commissioners
shall enjoy, within the limits specified in Article 39, diplomatic
privileges and immunities.
ARTICLE 42.
The Commission will
exercise the powers conferred on it by the present Treaty in complete
independence of the local author ity. It will have its own flag, its own
budget and its separate organisation.
ARTICLE 43.
Within the limits of
its jurisdiction as laid down in Article 39 the Commission will be charged
with the following duties:
(a) the execution of
any works considered necessary for the improvement of the channels or the
approaches to harbours;
(b) the lighting and buoying of the channels;
(c) the control of pilotage and towage;
(d) the control of anchorages;
(e) the control necessary to assure the application in the ports of
Constantinople and Haidar Pasha of the regime prescribed in Articles 335 to
344, Part XI (Ports, Waterways and Railways) of the present Treaty;
(f) the control of all matters relating to wrecks and salvage;
(g) the control of lighterage;
ARTICLE 44.
In the event of the
Commission finding that the liberty of passage is being interfered with, it
will inform the representatives at Constantinople of the Allied Powers
providing the occupying forces provided for in Article 178. These
representatives will thereupon concert with the naval and military
commanders of the said forces such measures as may be deemed necessary to
preserve the freedom of the Straits. Similar action shall be taken by the
said representatives in the event of any external action threatening the
liberty of passage of the Straits.
ARTICLE 45.
For the purpose of
the acquisition of any property or the execution of any permanent works
which may be required, the Commission shall be entitled to raise such loans
as it may consider necessary. These loans will be secured, so far as
possible, on the dues to be levied on the shipping using the Straits, as
provided in Article 53.
ARTICLE 46.
The functions
previously exercised by the Constantinople Superior Council of Health and
the Turkish Sanitary Administration which was directed by the said Council,
and the functions exercised by the National Life-boat Service of the
Bosphorus will within the limits specified in Article 39 be discharged under
the control of the Commission and in such manner as it may direct.
The Commission will
co-operate in the execution of any common policy adopted by the League of
Nations for preventing and combating disease.
ARTICLE 47.
Subject to the
general powers of control conferred upon the Commission, the rights of any
persons or companies now holding concessions relating to lighthouses, docks,
quays or similar matters shall be maintained; but the Commission shall be
entitled if it thinks it necessary in the general interest to buy out or
modify such rights upon the conditions laid down in Article 311 Part IX
(Economic Clauses) of the present Treaty, or itself to take up a new
concession.
ARTICLE 48.
In order to
facilitate the execution of the duties with which it is entrusted by this
Section, the Commission shall have power to organise such a force of special
police as may be necessary. This force shall be drawn so far as possible
from the native population of the zone of the Straits and islands referred
to in Article 178, Part V (Military, Naval and Air Clauses), excluding the
islands of Lemnos, Imbros, Samothrace, Tenedos and Mitylene. The said force
shall be commanded by foreign police officers appointed by the Commission.
ARTICLE 49.
In the portion of
the zone of the Straits, including the islands of the Sea of Marmora, which
remains Turkish, and pending the coming into force of the reform of the
Turkish judicial system provided for in Article I36, all infringements of
the regulations and by-laws made by the Commission, committed by nationals
of capitulatory Powers, shall be dealt with by the Consular Courts of the
said Powers. The Allied Powers agree to make such infringements justiciable
before their Consular Courts or authorities. Infringements committed by
Turkish nationals or nationals of non-capitulatory Powers shall be dealt
with by the competent Turkish judicial authorities.
In the portion of
the said zone placed under Greek sovereignty such infringements will be
dealt with by the competent Greek judicial authorities.
ARTICLE 50.
The officers or
members of the crew of any merchant vessel vwithin the limits of the
jurisdiction of the Commission who may be arrested on shore for any offence
committed either ashore or afloat within the limits of the said jurisdiction
shall be brought before the competent judicial authority by the Commission's
police. If the accused was arrested otherwise than by the Commission's
police he shall immediately be handed over to them.
ARTICLE 51 .
The Commission shall
appoint such subordinate officers or officials as may be found indispensable
to assist it in carrying out the duties with which it is charged.
ARTICLE 52.
In all matters
relating to the navigation of the waters within the limits of the
jurisdiction of the Commission all the ships referred to in Article 37 shall
be treated upon a footing of absolute equality.
ARTICLE 53.
Subject to the
provisions of Article 47 the existing rights under which dues and charges
can be levied for various purposes, whether direct by the Turkish Government
or by international bodies or private companies, on ships or cargoes within
the limits of the jurisdiction of the Commission shall be transferred to the
Commisssion The Commission shall fix these dues and charges at such amounts
only as may be reasonably necessary to cover the cost of the works executed
and the services rendered to shipping, including the general costs and
expenses of the administration of the Commission, and the salaries and pay
provided for in paragraph 3 of the Annex to this Section.
For these purposes
only and with the prior consent of the Council of the League of Nations the
Commission may also establish dues and charges other than those now existing
and fix their amounts.
ARTICLE 54.
All dues and charges
imposed by the Commission shall be levied without any discrimination and on
a footing of absolute equality between all vessels, whatever their port of
origin, destination or departure, their flag or ownership, or the
nationality or ownership of their cargoes.
This disposition
does not affect the right of the Commission to fix in accordance with
tonnage the dues provided for by this Section.
ARTICLE 55.
The Turkish and
Greek Governments respectively undertake to facilitate the acquisition by
the Commission of such land and buildings as the Commission shall consider
it necessary to acquire in order to carry out effectively the duties with
which it is entrusted.
ARTICLE 56.
Ships of war in
transit through the waters specified in Article 39 shall conform in all
respects to the regulations issued by the Commission for the observance of
the ordinary rules of navigation and of sanitary requirements.
ARTICLE 57.
(1) Belligerent
warships shall not revictual nor take in stores except so far as may be
strictly necessary to enable them to complete the passage of the Straits and
to reach the nearest port where they can call, nor shall they replenish or
increase their supplies of war material or their armament or complete their
crews, within the waters under the control of the Commission. Only such
repairs as are absolutely necessary to render them seaworthy shall be
carried out, and they shall not add in any manner whatever to their fighting
force. The Commission shall decide what repairs are necessary, and these
must be carried out with the least possible delay.
(2) The passage of
belligerent warships through the waters under the control of the Commission
shall be effected with the least possible delay, and without any other
interruption than that resulting from the necessities of the service.
(3) The stay of such
warships at ports within the jurisdiction of the Commission shall not exceed
twenty-four hours except in case of distress. In such case they shall be
bound to leave as soon as possible. An interval of at least twenty-four
hours shall always elapse between the sailing of a belligerent ship from the
waters under the control of the Commission and the departure of a ship
belonging to an opposing belligerent.
(4) Any further
regulations affecting in time of war the waters under the control of the
Commission, and relating in particular to the passage of war material and
contraband destined for the enemies of Turkey, or revictualling, taking in
stores or carrying out repairs in the said waters, will be laid down by the
League of Nations.
ARTICLE 58.
Prizes shall in all
respects be subjected to the same conditions as belligerent vessels of war.
ARTICLE 59.
No belligerent shall
embark or disembark troops, munitions of war or warlike materials in the
waters under the control of the Commission, except in case of accidental
hindrance of the passage, and in such cases the passage shall be resumed
with all possible despatch.
ARTICLE 60.
Nothing in Articles
57, 58 or 59 shall be deemed to limit the powers of a belligerent or
belligerents acting in pursuance of a decision by the Council of the League
of Nations.
ARTICLE 61.
Any differences
which may arise between the Powers as to the interpretation or execution of
the provisions of this Section, and as regards Constantinople and Haidar
Pasha of the provisions of Articles 335 to 344, Part Xl (Ports, Waterways,
and Railways) shall be referred to the Commission. In the event of the
decision of the Commission not being accepted by any Power, the question
shall, on the demand of any Power concerned, be settled as provided by the
League of Nations, pending whose decision the ruling of the Commission will
be carried out.
ANNEX
1.
The Chairmanship of
the Commission of the Straits shall be rotatory for the period of two years
among the members of the Commission entitled to two votes.
The Commission shall
take decisions by a majority vote and the Chairman shall have a casting
vote. Abstention shall be regarded as a vote against the proposal under
discussion.
Each of the
Commissioners will have the right to designate a deputy Commissioner to
replace him in his absence.
2
The salary of each
member of the Commission will be paid by the Government which appointed him;
these salaries will be fixed at reasonable amounts agreed upon from time to
time between the Governments represented on the Commission.
3
The salaries of the
police officers referred to in Article 48, of such other officials and
officers as may be appointed under Article 51, and the pay of the local
police referred to in Article 48, shall be paid out of the receipts from the
dues and charges levied on shipping.
The Commission shall
frame regulations as to the terms and condltions of employment of all
officers and officials appointed
4
The Commission shall
have at its disposal such vessels as may be necessary to enable it to carry
out its functions as laid down in this Section and Annex.
5
In order to carry
out all the duties with which it is charged by the provisions of this
Section and Annex and within the limits therein laid down the Commission
will have the power to prepare, issue and enforce the necessary regulations;
this power will include the right of amending so far as may be necessary or
repealing the existing regulations.
6.
The Commission shall
frame regulations as to the manner in which the accounts of all revenues and
expenditure of the funds under its control shall be kept, the auditing of
such accounts and the publication every year of a full and accurate report
thereof.
SECTION III.
KURDISTAN.
ARTICLE 62.
A Commission sitting
at Constantinople and composed of three members appointed by the British,
French and Italian Governments respectively shall draft within six months
from the coming into force of the present Treaty a scheme of local autonomy
for the predominantly Kurdish areas lying east of the Euphrates, south of
the southern boundary of Armenia as it may be hereafter determined, and
north of the frontier of Turkey with Syria and Mesopotamia, as defined in
Article 27, II (2) and (3). If unanimity cannot be secured on any question,
it will be referred by the members of the Commission to their respective
Governments. The scheme shall contain full safeguards for the protection of
the Assyro-Chaldeans and other racial or religious minorities within these
areas, and with this object a Commission composed of British, French,
Italian, Persian and Kurdish representatives shall visit the spot to examine
and decide what rectifications, if any, should be made in the Turkish
frontier where, under the provisions of the present Treaty, that frontier
coincides with that of Persia.
ARTICLE 63.
The Turkish
Government hereby agrees to accept and execute the decisions of both the
Commissions mentioned in Article 62 within three months from their
communication to the said Government.
ARTICLE 64.
If within one year
from the coming into force of the present Treaty the Kurdish peoples within
the areas defined in Article 62 shall address themselves to the Council of
the League of Nations in such a manner as to show that a majority of the
population of these areas desires independence from Turkey, and if the
Council then considers that these peoples are capable of such independence
and recommends that it should be granted to them, Turkey hereby agrees to
execute such a recommendation, and to renounce all rights and title over
these areas.
The detailed
provisions for such renunciation will form the subject of a separate
agreement between the Principal Allied Powers and Turkey.
If and when such
renunciation takes place, no objection will be raised by the Principal
Allied Powers to the voluntary adhesion to such an independent Kurdish State
of the Kurds inhabiting that part of Kurdistan which has hitherto been
included in the Mosul vilayet.
SECTION IV.
SMYRNA.
ARTICLE 65.
The provisions of
this Section will apply to the city of Smyrna and the adjacent territory
defined in Article 66, until the determination of their final status in
accordance with Article 83.
ARTICLE 66.
The geographical
limits of the territory adjacent to the city of Smyrna will be laid down as
follows:
From the mouth of
the river which flows into the Aegean Sea about 5 kilometres north of
Skalanova, eastwards,
the course of this river upstream;
then south-eastwards, the course of the southern branch of this river;
then south-eastwards, to the western point of the crest of the Gumush Dagh;
A line to be fixed on the ground passing west of Chinar K, and east of Akche
Ova;
thence north-eastwards, this crest line;
thence northwards to a point to be chosen on the railway from Ayasoluk to
Deirmendik about 1 kilometre west of Balachik station,
a line to be fixed on the ground leaving the road and railway from Sokia to
Balachik station entirely in Turkish territory;
thence northwards to a point to be chosen on the southern boundary of the
Sandjak of Smyrna,
a line to be fixed on the ground;
thence to a point to be chosen in the neighbourhood of Bos Dagh situated
about 15 kilometres north-east of Odemish,
the southern and eastern boundary of the Sandjak of Smyrna;
thence northwards to a point to be chosen on the railway from Manisa to
Alashehr about 6 kilometres west of Salihli,
a line to be fixed on the ground;
thence northwards to Geurenez Dagh,
a line to be fixed on the ground passing east of Mermer Geul west of Kemer,
crossing the Kum Chai approximately south of Akshalan, and then following
the watershed west of Kavakalan;
thence north-westwards to a point to be chosen on the boundary between the
Cazas of Kirkagach and Ak Hissar about 18 kilometres east of Kirkagach and
20 kilometres north of Ak Hissar,
a line to be fixed on the ground;
thence westwards to its junction with the boundary of the Caza of Soma,
the southern boundary of the Caza of Kirkagach,
thence westwards to its junction with the boundary of the Sandjak of Smyrna,
the southern boundary of the Caza of Soma;
thence northwards to its junction with the boundary of the vilayet of
Smyrna,
the north-eastern boundary of the Sandjak of Smyrna;
thence westwards to a point to be chosen in the neighbourhood of Charpajik
(Tepe).
the northern boundary of the vilayet of Smyrna;
thence northwards to a point to be chosen on the ground about 4 kilometres
southwest of Keuiluje,
a line to be fixed on the ground;
thence westwards to a point to be selected on the ground between Cape
Dahlina and Kemer Iskele,
a line to be fixed on the ground passing south of Kemer and Kemer Iskele
together with the road joining these places.
ARTICLE 67.
A Commission shall
be constituted within fifteen days from the coming into force of the present
Treaty to trace on the spot the boundaries of the territories described in
Article 66. This Commission shall be composed of three members nominated by
the British, French and Italian Governments respectively, one member
nominated by the Greek Government, and one nominated by the Turkish
Government.
ARTICLE 68.
Subject to the
provisions of this Section, the city of Smyrna and the territory defined in
Article 66 will be assimilated, in the application of the present Treaty, to
territory detached from Turkey.
ARTICLE 69
The city of Smyrna
and the territory defined in Article 66 remain under Turkish sovereignty.
Turkey, however, transfers to the Greek Government the exercise of her
rights of sovereignty over the city of Smyrna and the said territory. In
witness of such sovereignty the Turkish flag shall remain permanently
hoisted over an outer fort in the town of Smyrna. The fort will be
designated by the Principal Allied Powers.
ARTICLE 70.
The Greek Government
will be responsible for the administration of the city of Smyrna and the
territory defined in Article 66, and will effect this administration by
means of a body of officials which it will appoint specially for the
purpose.
ARTICLE 71.
The Greek Government
shall be entitled to maintain in the city of Smyrna and the territory
defined in Article 66 the military forces required for the maintenance of
order and public security.
ARTICLE 72.
A local parliament
shall be set up with an electoral system calculated to ensure proportional
representation of all sections of the population, including racial,
linguistic and religious minorities. Within six months from the coming into
force of the present Treaty the Greek Government shall submit to the Council
of the League of Nations a scheme for an electoral system complying with the
above requirements; this scheme shall not come into force until approved by
a majority of the Council.
The Greek Government
shall be entitled to postpone the elections for so long as may be required
for the return of the inhabitants who have been banished or deported by the
Turkish authorities, but such postponement shall not exceed a period of one
year from the coming into force of the present Treaty.
ARTICLE 73.
The relations
between the Greek administration and the local parliament shall be
determined by the said administration in accordance with the principles of
the Greek Constitution.
ARTICLE 74.
Compulsory military
service shall not be enforced in the city of Smyrna and the territory
defined in Article 66 pending the final determination of their status in
accordance with Article 83.
ARTICLE 75.
The provisions of
the separate Treaty referred to in Article 86 relating to the protection of
racial, linguistic and religious minorities, and to freedom of commerce and
transit, shall be applicable to the city of Smyrna and the territory defined
in Article 66.
ARTICLE 76.
The Greek Government
may establish a Customs boundary along the frontier line defined in Article
66, and may incorporate the city of Smyrna and the territory defined in the
said Article in the Greek customs system.
ARTICLE 77.
The Greek Government
engages to take no measures which would have the effect of depreciating the
existing Turkish currency, which shall retain its character as legal tender
pending the determination, in accordance with the provisions of Article 83,
of the final status of the territory.
ARTICLE 78.
The provisions of
Part XI (Ports, Waterways and Railways) relating to the regime of ports of
international interest, free ports and transit shall be applicable to the
city of Smyrna and the territory defined in Article 66.
ARTICLE 79.
As regards
nationality, such inhabitants of the city of Smyrna and the territory
defined in Article 66 as are of Turkish nationality and cannot claim any
other nationality under the terms of the present Treaty shall be treated on
exactly the same footing as Greek nationals. Greece shall provide for their
diplomatic and consular protection abroad.
ARTICLE 80.
The provisions of
Article 24I, Part VIII (Financial Clauses) will apply in the case of the
city of Smyrna and the territory defined in Article 66.
The provisions of
Article 293, Part IX (Economic Clauses) will not be applicable in the case
of the said city and territory.
ARTICLE 8I.
Until the
determination, in accordance with the provisions of Article 83, of the final
status of Smyrna and the territory defined in Article 66, the rights to
exploit the salt marshes of Phocea belonging to the Administration of the
Ottoman Public Debt, including all plant and machinery and materials for
transport by land or sea, shall not be altered or interfered with. No tax or
charge shall be imposed during this period on the manufacture, exportation
or transport of salt produced from these marshes. The Greek administration
will have the right to regulate and tax the consumption of salt at Symrna
and within the territory defined in Article 66.
If after the
expiration of the period referred to in the preceding paragraph Greece
considers it opportuhe to effect changes in the provisions above set forth,
the salt marshes of Phocea will be treated as a concession and the
guarantees provided by Article 312, Part IX (Economic Clauses) will apply,
subject, however, to the provisions of Article 246, Part VIII (Financial
Clauses) of the present Treaty.
ARTICLE 82.
Subsequent
agreements will decide all questions which are not decided by the present
Treaty and which may arise from the execution of the provisions of this
Section.
ARTICLE 83.
When a period of
five years shall have elapsed after the coming into force of the present
Treaty the local parliament referred to in Article 72 may, by a majority of
votes, ask the Council of the League of Nations for the definitive
incorporation in the King dom of Greece of the city of Smyrna and the
territory defined in Article 66. The Council may require, as a preliminary,
a plebiscite under conditions which it will lay down.
In the event of such
incorporation as a result of the application of the foregoing paragraph, the
Turkish sovereignty referred to in Article 69 shall cease. Turkey hereby
renounces in that event in favour of Greece all rights and title over the
city of Smyrna and the territory defined in Article 66.
SECTION V.
GREECE.
ARTICLE 84.
Without prejudice to
the frontiers of Bulgaria laid down by the Treaty of Peace signed at
Neuilly-sur-Seine on November 27, 1919, Turkey renounces in favour of Greece
all rights and title over the territories of the former Turkish Empire in
Europe situated outside the frontiers of Turkey as laid down by the present
Treaty.
The islands of the
Sea of Marmora are not included in the transfer of sovereignty effected by
the above paragraph.
Turkey
further renounces in favour of Greece all her rights and title over the
islands of Imbros and Tenedos. The decision taken by the Conference of
Ambassadors at London in execution of Articles 5 of the Treaty of London of
May 17-30, 1913, and 15 of the Treaty of Athens of November 1-14, 1913, and
notified to the Greek Govermnent on February 13, 1914, relating to the
sovereignty of Greece over the other islands of the Eastern Mediterranean,
particularly Lemnos, Samothrace, Mytilene, Chios, Samos and Nikaria, is
confirmed, without prejudice to the provisions of the present Treaty
relating to the islands placed under the sovereignty of Italy and referred
to in Article 122, and to the islands lying less than three miles fron the
coast of Asia.
Nevertheless, in the
portion of the zone of the Straits and the islands, referred to in Article
178, which under the present Treaty are placed under Greek sovereignty,
Greece accepts and undertakes to observe, failing any contrary stipulation
in the present Treaty, all the obligations which, in order to assure the
freedom of the Straits, are imposed by the present Treaty on Turkey in that
portion of the said zone, including the islands of the Sea of Marmora, which
remains under Turkish sovereignty.
ARTICLE 85.
A Commission shall
be constituted within fifteen days from the coming into force of the present
Treaty to trace on the spot the frontier line described in Article 27, 1
(2). This Commission shall be composed of four members nominated by the
Principal Allied Powers, one member nominated by Greece, and one member
nominated by Turkey.
ARTICLE 86.
Greece
accepts and agrees to embody in a separate Treaty such provisions as may be
deemed necessary, particularly as regards Adrianople, to protect the
interests of inhabitants of that State who differ from the majority of the
population in race, language or religion.
Greece
further accepts and agrees to embody in a separate Treaty such provisions as
may be deemed necessary to protect freedom of transit and equitable
treatment for the commerce of other nations.
ARTICLE 87.
The proportion and
nature of the financial obligations of Turkey which Greece will have to
assume on account of the territory placed under her sovereignty will be
determined in accordance with Articles 241 to 244, Part VIII (Financial
Clauses) of the present Treaty.
Subsequent
agreements will decide all questions which are not decided by the present
Treaty and which may arise in consequence of the transfer of the said
territories.
SECTION VI.
ARMENIA.
ARTICLE 88.
Turkey,
in accordance with the action already taken by the Allied Powers, hereby
recognises Armenia as a free and independent State.
ARTICLE 89.
Turkey and Armenia
as well as the other High Contracting Parties agree to submit to the
arbitration of the President of the United States of America the question of
the frontier to be fixed between Turkey and Armenia in the vilayets of
Erzerum, Trebizond, Van and Bitlis, and to accept his decision thereupon, as
well as any stipulations he may prescribe as to access for Armenia to the
sea, and as to the demilitarisation of any portion of Turkish territory
adjacent to the said frontier.
ARTICLE 90.
In the event of the
determination of the frontier under Article 89 involving the transfer of the
whole or any part of the territory of the said Vilayets to Armenia, Turkey
hereby renounces as from the date of such decision all rights and title over
the territory so transferred. The provisions of the present Treaty
applicable to territory detached from Turkey shall thereupon become
applicable to the said territory.
The proportion and
nature of the financial obligations of Turkey which Armenia will have to
assume, or of the rights which will pass to her, on account of the transfer
of the said territory will be determined in accordance with Articles 241 to
244, Part VIII (Financial Clauses) of the present Treaty.
Subsequent
agreements will, if necessary, decide all questions which are not decided by
the present Treaty and which may arise in consequence of the transfer of the
said territory.
ARTICLE 91.
In the event of any
portion of the territory referred to in Article 89 being transferred to
Armenia, a Boundary Commission, whose composition will be determined
subsequently, will be constituted within three months from the delivery of
the decision referred to in the said Article to trace on the spot the
frontier between Armenia and Turkey as established by such decision.
ARTICLE 92.
The frontiers
between Armenia and Azerbaijan and Georgia respectively will be determined
by direct agreement between the States concerned.
If in either case
the States concerned have failed to determine the frontier by agreement at
the date of the decision referred to in Article 89, the frontier line in
question will be determined by the Pricipal Allied Powers, who will also
provide for its being traced on the spot.
ARTICLE 93.
Armenia
accepts and agrees to embody in a Treaty with the Principal Allied Powers
such provisions as may be deemed necessary by these Powers to protect the
interests of inhabitants of that State who differ from the majority of the
population in race, language, or religion.
Armenia
further accepts and agrees to embody in a Treaty with the Principal Allied
Powers such provisions as these Powers may deem necessary to protect freedom
of transit and equitable treatment for the commerce of other nations.
SECTION VII.
SYRIA, MESOPOTAMIA, PALESTINE.
ARTICLE 94.
The High Contracting
Parties agree that Syria and Mesopotamia shall, in accordance with the
fourth paragraph of Article 22.
Part I (Covenant of
the League of Nations), be provisionally recognised as independent States
subject to the rendering of administrative advice and assistance by a
Mandatory until such time as they are able to stand alone.
A Commission shall
be constituted within fifteen days from the coming into force of the present
Treaty to trace on the spot the frontier line described in Article 27, II
(2) and (3). This Commission will be composed of three members nominated by
France, Great Britain and Italy respectively, and one member nominated by
Turkey; it will be assisted by a representative of Syria for the Syrian
frontier, and by a representative of Mesopotamia for the Mesopotamian
frontier.
The determination of
the other frontiers of the said States, and the selection of the
Mandatories, will be made by the Principal Allied Powers.
ARTICLE 95.
The High Contracting
Parties agree to entrust, by application of the provisions of Article 22,
the administration of Palestine, within such boundaries as may be determined
by the Principal Allied Powers, to a Mandatory to be selected by the said
Powers. The Mandatory will be responsible for putting into effect the
declaration originally made on November 2, 1917, by the British Government,
and adopted by the other Allied Powers, in favour of the establishment in
Palestine of a national home for the Jewish people, it being clearly
understood that nothing shall be done which may prejudice the civil and
religious rights of existing non-Jewish communities in Palestine, or the
rights and political status enjoyed by Jews in any other country.
The Mandatory
undertakes to appoint as soon as possible a special Commission to study and
regulate all questions and claims relating to the different religious
communities. In the composition of this Commission the religious interests
concerned will be taken into account. The Chairman of the Commission will be
appointed by the Council of the League of Nations.
ARTICLE 96.
The terms of the
mandates in respect of the above territories will be formulated by the
Principal Allied Powers and submitted to the Council of the League of
Nations for approval.
ARTICLE 97.
Turkey hereby
undertakes, in accordance with the provisions of Article 132, to accept any
decisions which may be taken in relation to the questions dealt with in this
Section.
SECTION VIII.
HEDJAZ.
ARTICLE 98.
Turkey, in
accordance with the action already taken by the Allied Powers, hereby
recognises the Hedjaz as a free and indepedent State, and renounces in
favour of the Hedjaz all rights and titles over the territories of the
former Turkish Empire situated outside the frontiers of Turkey as laid down
by the present Treaty, and comprised within the boundaries which may
ultimately be fixed.
ARTICLE 99.
In view of the
sacred character attributed by Moslems of all countries to the cities and
the Holy Places of Mecca and Medina His Majesty the King of the Hedjaz
undertakes to assure free and easy access thereto to Moslems of every
country who desire to go there on pilgrimage or for any other religious
object, and to respect and ensure respect for the pious foundations which
are or may be established there by Moslems of any countries in accordance
with the precepts of the law of the Koran.
ARTICLE 100.
His Majesty the King
of the Hedjaz undertakes that in commercial matters the most complete
equality of treatment shall be assured in the territory of the Hedjaz to the
persons, ships and goods of nationals of any of the Allied Powers, or of any
of the new States set up in the territories of the former Turkish Empire, as
well as to the persons, ships and goods of nationals of States, Members of
the League of Nations.
SECTION IX.
EGYPT,
SOUDAN, CYPRUS.
I. EGYPT.
ARTICLE 101.
Turkey
renounces all rights and title in or over Egypt. This renunciation shall
take effect as from November 5, 1914. Turkey declares that in conformity
with the action taken by the Allied Powers she recognises the Protectorate
proclaimed over Egypt by Great Britain on December 18, 1914.
ARTICLE 102.
Turkish subjects
habitually resident in Egypt on December 18, 1914, will acquire Egyptian
nationality ipso facto and will lose their Turkish nationality, except that
if at that date such persons were temporarily absent from, and have not
since returned to, Egypt they will not acquire Egyptian nationality without
a special authorisation from the Egyptian Government.
ARTICLE 103.
Turkish subjects who
became resident in Egypt after December 18, 1914, and are habitually
resident there at the date of the coming into force of the present Treaty
may, subject to the conditions prescribed in Article 105 for the right of
option, claim Egyptian nationality, but such claim may in individual cases
be refused by the competent Egyptian authority.
ARTICLE 104.
For all purposes
connected with the present Treaty, Egypt and Egyptian nationals, their goods
and vessels, shall be treated on the same footing, as from August I, 1914,
as the Allied Powers, their nationals, goods and vessels, and provisions in
respect of territory under Turkish sovereignty, or of territory detached
from Turkey in accordance with the present Treaty, shall not apply to Egypt.
ARTICLE I05.
Within a period of
one year after the coming into force of the present Treaty persons over
eighteen years of age acquiring Egyptian nationality under the provisions of
Article 102 will be entitled to opt for Turkish nationality. In case such
persons, or those who under Article 103 are entitled to claim Egyptian
nationality, differ in race from the majority of the population of Egypt,
they will within the same period be entitled to opt for the nationality of
any State in favour of which territory is detached from Turkey, if the
majority of the population of that State is of the same race as the person
exercising the right to opt.
Option by a husband
covers a wife and option by parents covers their children under eighteen
years of age.
Persons who have
exercised the above right to opt must, except where authorised to continue
to reside in Egypt, transfer within the ensuing twelve months their place of
residence to the State for which they have opted. They will be entitled to
retain their immovable property in Egypt, and may carry with them their
movable property of every description. No export or import duties or charges
may be imposed upon them in connection with the removal of such property.
ARTICLE 106.
The Egyptian
Government shall have complete liberty of action in regulating the status of
Turkish subjects in Egypt and the conditions under which they may establish
themselves in the territory.
ARTICLE 107.
Egyptian nationals
shall be entitled, when abroad, to British diplonlatic and consular
protection.
ARTICLE 108.
Egyptian goods
entering Turkey shall enjoy the treatment accorded to British goods.
ARTICLE 109.
Turkey
renounces in favour of Great Britain the powers conferred upon His Imperial
Majesty the Sultan by the Convention signed at Constantinople on October 29,
1888, relating to the free navigation of the Suez Canal.
ARTICLE 110.
All property and
possessions in Egypt belonging to the Turkish Government pass to the
Egyptian Government without payment.
ARTICLE 111 .
All movable and
immovable property in Egypt belonging to Turkish nationals (who do not
acquire Egyptian nationality) shall be dealt with in aecordance with the
provisions of Part IX (Economie Clauses) of the present Treaty.
ARTICLE 112.
Turkey
renounces all claim to the tribute formerly paid by Egypt.
Great Britain
undertakes to relieve Turkey of all liability in respect of the Turkish
loans secured on the Egyptian tribute.
These loans are:
The guaranteed loan
of 1855;
The loan of 1894 representing the converted loans of 1854 and 1871;
The loan of 1891 representing the converted loan of 1877.
The sums which the
Khedives of Egypt have from time to time undertaken to pay over to the
houses by which these loans were issued will be applied as heretofore to the
interest and the sinking funds of the loans of 1894 and 1891 until the final
extinction of those loans. The Government of Egypt will also continue to
apply the sum hitherto paid towards the interest on the guaranteed loan of
1855.
Upon the extinction
of these loans of 1894, 1891 and 1855, all liability on the part of the
Egyptian Government arising out of the tribute formerly paid by Egypt to
Turkey will cease.
2. SOUDAN.
ARTICLE 113.
The High Contracting
Parties declare and place on record that they have taken note of the
Convention between the British Government and the Egyptian Government
defining the status and regulating the administration of the Soudan, signed
on January I9, I899, as amended by the supplementary Convention relating to
the town of Suakin signed on July 10, 1899.
ARTICLE 114.
Soudanese shall be
entitled when in foreign countries to British diplomatic and consular
protection.
3. CYPRUS
ARTICLE 115.
The High Contracting
Parties recognise the annexation of Cyprus proclaimed by the British
Government on November 5, 1914.
ARTICLE 116.
Turkey
renounces all rights and title over or relating to Cyprus, including the
right to the tribute formerly paid by that island to the Sultan.
ARTICLE 117.
Turkish nationals
born or habitually resident in Cyprus will acquire British nationality and
lose their Turkish nationality, subject to the conditions laid down in the
local law.
SECTION X.
MOROCCO,
TUNIS.
ARTICLE 118.
Turkey
recognises the French Protectorate in Morocco, and accepts all the
consequences thereof. This recognition shall take effect as from March 30,
1912.
ARTICLE 119.
Moroccan goods
entering Turkey shall be subject to the same treatment as French goods.
ARTICLE 120.
Turkey
recognises the French Protectorate over Tunis and accepts all the
consequences thereof. This recognition shall take effect as from May 12,
1881.
Tunisian goods
entering Turkey shall be subject to the same treatment as French goods.
SECTION XI.
LIBYA,
AEGEAN ISLANDS.
ARTICLE 121.
Turkey
definitely renounces all rights and privileges which under the Treaty of
Lausanne of October 18, 1912, were left to the Sultan in Libya.
ARTICLE 122.
Turkey renounces in
favour of Italy all rights and title over the following islands of the
Aegean Sea; Stampalia (Astropalia), Rhodes (Rhodos), Calki (Kharki),
Scarpanto, Casos (Casso) Pscopis (Tilos), Misiros (Nisyros), Calymnos
(Kalymnos) Leros, Patmos, Lipsos (Lipso), Sini (Symi), and Cos (Kos), which
are now occupied by Italy, and the islets dependent thereon, and also over
the island of Castellorizzo.
SECTION Xll.
NATIONALITY.
ARTICLE 123.
Turkish subjects
habitually resident in territory which in accordance with the provisions of
the present Treaty is detached from Turkey will become ipso facto, in the
conditions laid down by the local law, nationals of the State to which such
territory is transferred.
ARTICLE 124.
Persons over
eighteen years of age losing their Turkish nationality and obtaining ipso
facto a new nationality under Article 123 shall be entitled within a period
of one year from the coming into force of the present Treaty to opt for
Turkish nationality.
ARTICLE 125.
Persons over
eighteen years of age habitually resident in territory detached from Turkey
in accordance with the present Treaty and differing in race from the
majority of the population of such territory shall within one year from the
coming into force of the present Treaty be entitled to opt for Armenia,
Azerbaijan, Georgia, Greece, the Hedjaz, Mesopotamia, Syria, Bulgaria or
Turkey, if the majority of the population of the State selected is of the
same race as the person exercising the right to opt.
ARTICLE 126.
Persons who have
exercised the right to opt in accordance with the provisions of Articles 124
or 125 must within the succeeding twelve months transfer their place of
residence to the State for which they have opted.
They will be
entitled to retain their immovable property in the territory of the other
State where they had their place of residence before exercising their right
to opt.
They may carry with
them their movable property of every description. No export or import duties
may be imposed upon them in connection with the removal of such property.
ARTICLE 127.
The High Contracting
Parties undertake to put no hindrance in the way of the exercise of the
right which the persons concerned have under the present Treaty, or under
the Treaties of Peace concluded with Germany, Austria, Bulgaria or Hungary
or under any treaty concluded by the Allied Powers, or any of them, with
Russia, or between any of the Allied Powers themselves, to choose any other
nationality which may be open to them.
In particular,
Turkey undertakes to facilitate by every means in her power the voluntary
emigration of persons desiring to avail themselves of the right to opt
provided by Article 125, and to carry out any measures which may be
prescribed with this object by the Council of the League of Nations.
ARTICLE 128.
Turkey undertakes to
recognise any new nationality which has been or may be acquired by her
nationals under the laws of the Allied Powers or new States and in
accordance with the decisions of the competent authorities of these Powers
pursuant to naturalisation laws or under Treaty stipulations, and to regard
such persons as having, in consequence of the acquisition of such new
nationality, in all respects severed their allegiance to their country of
origin.
In particular,
persons who before the coming into force of the present Treaty have acquired
the nationality of one of the Allied Powers in accordance with the law of
such Power shall be recognised by the Turkish Government as nationals of
such Power and as having lost their Turkish nationality, notwithstanding any
provisions of Turkish law to the contrary. No confiscation of property or
other penalty provided by Turkish law shall be incurred on account of the
acquisition of any such nationality.
ARTICLE 129.
Jews of other than
Turkish nationality who are habitually resident, on the coming into force of
the present Treaty, within the boundaries of Palestine, as determined in
accordance with Article 95 will ipso facto become citizens of Palestine to
the exclusion of any other nationality.
ARTICLE 130.
For the purposes of
the provisions of this Section, the status of a married woman will be
governed by that of her husband and the status of children under eighteen
years of age by that of their parents.
ARTICLE 131.
The provisions of
this Section will apply to the city of Smyrna and the territory defined in
Article 66 as from the establishment of the final status of the territory in
accordance with Article 83.
SECTION XIII.
GENERAL PROVISIONS.
ARTICLE 132.
Outside her
frontiers as fixed by the present Treaty Turkey hereby renounces in favour
of the Principal Allied Powers all rights and title which she could claim on
any ground over or concerning any territories outside Europe which are not
otherwise disposed of by the present Treaty.
Turkey
undertakes to recognise and conform to the measures which may be taken now
or in the future by the Principal Allied Powers, in agreement where
necessary with third Powers, in order to carry the above stipulation into
effect.
ARTICLE 133.
Turkey undertakes to
recognise the full force of the Treaties of Peace and Additional Conventions
concluded by the Allied Powers with the Powers who fought on the side of
Turkey, and to recognise whatever dispositions have been or may be made
concerning the territories of the former German Empire, of Austria, of
Hungary and of Bulgaria, and to recognise the new States within their
frontiers as there laid down.
ARTICLE 134.
Turkey hereby
recognises and accepts the frontiers of Germany, Austria, Bulgaria, Greece,
Hungary, Poland, Roumania, the Serb-Croat-Slovene State and the
Czecho-Slovak State as these frontiers may be determined by the Treaties
referred to in Article 133 or by any supplementary conventions.
ARTICLE 135.
Turkey undertakes to
recognise the full force of all treaties or agreements which may be entered
into by the Allied Powers with States now existing or coming into existence
in future in the whole or part of the former Empire of Russia as it existed
on August 1, 1914, and to recognise the frontiers of any such States as
determined therein.
Turkey
acknowledges and agrees to respect as permanent and inalienable the
independence of the said States.
In accordance with
the provisions of Article 259, Part VIII (Financial Clauses), and Article
277, Part IX (Economic Clauses), of the present Treaty, Turkey accepts
definitely the abrogation of the Brest-Litovsk Treaties and of all treaties
conventions and agreements entered into by her with the Maximalist
Government in Russia.
ARTICLE 136.
A Commission
composed of four members, appointed by the British Empire, France, Italy and
Japan respectively, shall be set up within three months from the coming into
force of the present Treaty, to prepare, with the assistance of technical
experts representing the other capitulatory Powers, Allied or neutral, who
with this object will each be invited to appoint an expert, a scheme of
judicial reform to replace the present capitulatory system in judicial
matters in Turkey. This Commission may recommend, after consultation with
the Turkish Government, the adoption of either a mixed or an unified
judicial system.
The scheme prepared
by the Commission will be submitted to the Governments of the Allied and
neutral Powers concerned. As soon as the Principal Allied Powers have
approved the scheme they will inform the Turkish Government, which hereby
agrees to accept the new system.
The Principal Allied
Powers reserve the right to agree among themselves, and if necessary with
the other Allied or neutral Powers concerned, as to the date on which the
new system is to come into force.
ARTICLE 137.
Without prejudice to
the provisions of Part VII (Penalties), no inhabitant of Turkey shall be
disturbed or molested, under any pretext whatever, on account of any
political or military action taken by him, or any assistance of any kind
given by him to the Allied Powers, or their nationals, between August 1,
1914, and the coming into force of the present Treaty; all sentences
pronounced against any inhabitant of Turkey for the above reasons shall be
completely annulled, and any proceedings already instituted shall be
arrested.
ARTICLE 138.
No inhabitant of
territory detached from Turkey in accordance with the present Treaty shall
be disturbed or molested on account of his political attitude after August
1, 1914, or of the determination of his nationality effected in accordance
with the present Treaty.
ARTICLE 139.
Turkey
renounces formally all rights of suzerainty or jurisdiction of any kind over
Moslems who are subject to the sovereignty or protectorate of any other
State.
No power shall be
exercised directly or indirectly by any Turkish authority whatever in any
territory detached from Turkey or of which the existing status under the
present Treaty is recognised by Turkey.
PART IV.
PROTECTION OF
MINORITIES.
ARTICLE 140.
Turkey undertakes
that the stipulations contained in Articles 141, I45 and I47 shall be
recognised as fundamental laws, and that no civil or military law or
regulation, no Imperial Iradeh nor official action shall conflict or
interfere with these stipulations, nor shall any law, regulation, Imperial
Iradeh nor official action prevail over them.
ARTICLE 141.
Turkey undertakes to
assure full and complete protection of life and liberty to all inhabitants
of Turkey without distinction of birth, nationality, language, race or
religion. All inhabitants of Turkey shall be entitled to the free exercise,
whether public or private, of any creed, religion or belief.
The penalties for
any interference with the free exercise of the right referred to in the
preceding paragraph shall be the same whatever may be the creed concerned.
ARTICLE 142.
Whereas, in view of
the terrorist regime which has existed in Turkey since November 1, 1914,
conversions to Islam could not take place under normal conditions, no
conversions since that date are recognised and all persons who were
non-Moslems before November 1, 1914, will be considered as still remaining
such, unless, after regaining their liberty, they voluntarily perform the
necessary formalities for embracing the Islamic faith.
In order to repair
so far as possible the wrongs inflicted on individuals in the course of the
massacres perpetrated in Turkey during the war, the Turkish Government
undertakes to afford all the assistance in its power or in that of the
Turkish authorities in the search for and deliverance of all persons, of
whatever race or religion, who have disappeared, been carried off, interned
or placed in captivity since November 1, 1914.
The Turkish
Government undertakes to facilitate the operations of mixed commissions
appointed by the Council of the League of Nations to receive the complaints
of the victims themselves, their families or their relations, to make the
necessary enquiries, and to order the liberation of the persons in question.
The Turkish
Government undertakes to ensure the execution
of the decisions of
these commissions, and to assure the security and the liberty of the persons
thus restored to the full enjoyment of their rights.
ARTICLE 143
Turkey undertakes to
recognise such provisions as the Allied Powers may consider opportune with
respect to the reciprocal and voluntary emigration of persons belonging to
racial minorities.
Turkey renounces any
right to avail herself of the provisions of Article I6 of the Convention
between Greece and Bulgaria relating to reciprocal emigration, signed at
Neuilly-sur-Seine on November 27, 19l9. Within six months from the coming
into force of the present Treaty, Greece and Turkey will enter into a
special arrangement relating to the reciprocal and voluntary emigration of
the populations of Turkish and Greek race in the territories transferred to
Greece and remaining Turkish respectively.
In case agreement
cannot be reached as to such arrangement, Greece and Turkey will be entitled
to apply to the Council of the League of Nations, which will fix the terms
of such arrangement.
ARTICLE 144.
The Turkish
Government recognises the injustice of the law of 1915 relating to Abandoned
Properties (Emval-i-Metroukeh), and of the supplementary provisions
thereof, and declares them to be null and void, in the past as in the
future.
The Turkish
Government solemnly undertakes to facilitate to the greatest possible extent
the return to their homes and re-establishment in their businesses of the
Turkish subjects of non-Turkish race who have been forcibly driven from
their homes by fear of massacre or any other form of pressure since January
1, 1914. It recognises that any immovable or movable property of the said
Turkish subjects or of the communities to which they belong, which can be
recovered, must be restored to them as soon as possible, in whatever hands
it may be found. Such property shall be restored free of all charges or
servitudes with which it may have been burdened and without compensation of
any kind to the present owners or occupiers, subject to any action which
they may be able to bring against the persons from whom they derived title.
The Turkish
Government agrees that arbitral commissions shall be appointed by the
Council of the League of Nations wherever found necessary. These commissions
shall each be composed of one representative of the Turkish Government, one
representative of the community which claims that it or one of its members
has been injured, and a ehairman appointed by the Council of the League of
Nations. These arbitral commissions shall hear all claims covered by this
Article and decide them by summary procedure.
The arbitral
commissions will have power to order:
(1) The provision by
the Turkish Government of labour for any work of reconstruction or
restoration deemed necessary. This labour shall be recruited from the races
inhabiting the territory where the arbitral commission considers the
execution of the said works to be necessary
(2) The removal of
any person who, after enquiry, shall be recognised as having taken an active
part in massacres or deportations or as having provoked them; the measures
to be taken with regard to such person's possessions will be indicated by
the commission;
(3) The disposal of
property belonging to members of a community who have died or disappeared
since January 1, 1914, without leaving heirs; such property may be handed
over to the community instead of to the State
(4) The cancellation
of all acts of sale or any acts creating rights over immovable property
concluded after January 1, I914. The indemnification of the holders will be
a charge upon the Turkish Government, but must not serve as a pretext for
delaying the restitution. The arbitral commission will, however have the
power to impose equitable arrangements between the interested parties, if
any sum has been paid by the present holder of such property.
The Turkish
Government undertakes to facilitate in the fullest possible measure the work
of the commissions and to ensure the execution of their decisions, which
will be final. No decision of the Turkish judicial or administrative
authorities shall prevail over such decisions.
ARTICLE 145.
All Turkish
nationals shall be equal before the law and shall enjoy the same civil and
political rights without distinction as to race, language or religion.
Difference of
religion, creed or confession shall not prejudice any Turkish national in
matters relating to the enjoyment of civil or political rights, as for
instance admission to public employments, functions and honours, or the
exercise of professions and industries.
Within a period of
two years from the coming into force of the present Treaty the Turkish
Government will submit to the Allied Powers a scheme for the organisation of
an electoral system based on the principle of proportional representation of
racial minorities.
No restriction shall
be imposed on the free use by any Turkish national of any language in
private intercourse, in commerce, religion, in the press or in publications
of any kind, or at public meetings. Adequate facilities shall be given to
Turkish nationals of non-Turkish speech for the use of their language,
either orally or in writing, before the courts.
ARTICLE 146.
The Turkish
Government undertakes to recognize the validity of diplomas granted by
recognised foreign universities and schools, and to admit the holders
thereof to the free exercise of the professions and industries for which
such diplomas qualify.
This provision will
apply equally to nationals of Allied powers who are resident in Turkey.
ARTICLE 147.
Turkish nationals
who belong to racial, religious or linguistic minorities shall enjoy the ame
treatment and security in law and in fact as other Turkish nationals. In
particular they shall have an equal right to establish, manage and control
at their own expense, and independently of and without interference by the
Turkish authorities, any charitable, religious and social institutions,
schools for primary, secondary and higher instruction and other educational
establishments, with the right to use their own language and to exercise
their own religion freely therein.
ARTICLE 148.
In towns and
districts where there is a considerable proportion of Turkish nationals
belonging to racial, linguistic or religious minorities, these minorities
shall be assured an equitable share in the enjoyment and application of the
sums which may be provided out of public funds under the State, municipal or
other budgets for educational or charitable purposes.
The sums in question
shall be paid to the qualified representatives of the communities concerned.
ARTICLE 149.
The Turkish
Government undertakes to recognise and respect the ecclesiastical and
scholastic autonomy of all racial minorities in Turkey. For this purpose,
and subject to any provisions to the contrary in the present Treaty, the
Turkish Government confirms and will uphold in their entirety the
prerogatives and immunities of an ecclesiastical, scholastic or judicial
nature granted by the Sultans to non-Moslem races in virtue of special
orders or imperial decrees (firmans, hattis, berats, etc.) as well as by
ministerial orders or orders of the Grand Vizier.
All laws, decrees,
regulations and circulars issued by the Turkish Government and containing
abrogations, restrictions or amendments of such prerogatives and immunities
shall be considered to such extent null and void.
Any modification of
the Turkish judical system which may be introduced in accordance with the
provisions of the present Treaty shall be held to override this Article, in
so far as such modification may affect individuals belonging to racial
minorities.
ARTICLE 150.
In towns and
districts where there is resident a considerable proportion of Turkish
nationals of the Christian or Jewish religions the Turkish Government
undertakes that such Turkish nationals shall not be compelled to perform any
act which constitutes a violation of their faith or religious observances,
and shall not be placed under any disability by reason of their refusal to
attend courts of law or to perform any legal business on their weekly day of
rest. This provision, however, shall not exempt such Turkish nationals
(Christians or Jews) from such obligations as shall be imposed upon all
other Turkish nationals for the preservation of public order.
ARTICLE 151.
The Principal Allied
Powers, in consultation with the Council of the League of Nations, will
decide what measures are necessary to guarantee the execution of the
provisions of this Part. The Turkish Government hereby accepts all decisions
which may be taken on this subject.
PART V.
MILITARY, NAVAL AND
AIR CLAUSES.
In order to render
possible the initiation of a general limitation of the armaments of all
nations, Turkey undertakes strictly to observe the military, naval and air
clauses which follow.
SECTION I.
MILITARY CLAUSES.
CHAPTER I.
GENERAL CLAUSES.
ARTICLE 152.
The armed force at
the disposal of Turkey shall only consist of:
(I) The Sultan's
bodyguard;
(2) Troops of gendarmerie, intended to maintain order and security in the
interior and to ensure the protection of minorities
(3) Special elements intended for the reinforcement of the troops of
gendarmerie in case of serious trouble, and eventually to ensure the control
of the frontiers.
ARTICLE 153.
Within six months
from the coming into force of the present Treaty, the military forces other
than that provided for in Article 152 shall be demobilised and disbanded.
CHAPTER II.
EFFECTIVES,
ORGANISATION AND CADRES OF THE TURKISH ARMED FORCE.
ARTICLE 154.
The Sultan's
bodyguard shall consist of a staff and infantry and cavalry units, the
strength of which shall not exceed 700 offirers and men. This strength is
not included in the total force provided for in Article 155.
The composition of
this guard is given in
Table 1 annexed to this Section.
ARTICLE 155.
The total strength
of the forces enumerated in paragraphs (2) and (3) of Article 152 shall not
exceed 50,000 men, including staffs, offficers, training personnel and depot
troops.
ARTICLE 156.
The troops of
gendarmerie shall be distributed over the territory of Turkey, which for
this purpose will be divided into territorial areas to be delimited as
provided in Article 200.
A legion of
gendarmerie, composed of mounted and unmounted troops, provided with machine
guns and with administrative and medical services will be organised in each
territorial region, it will supply in the vilayets, sandjaks, cazas, etc.,
the detachments necessary for the organisation of a fixed protective
service, mobile reserves being at its disposal at one or more points within
the region.
On account of their
special duties, the legions shall not include either artillery or technical
services.
The total strength
of the legions shall not exceed 35,000 men, to be included in the total
strength of the armed force provided for in Article 155.
The maximum strength
of any one legion shall not exceed one quarter of the total strength of the
legions.
The elements of any
one legion shall not be employed outside the territory of their region,
except by special authorisation from the Inter-Allied Commission provided
for in Article 200.
ARTICLE 157.
The special elements
for reinforcements may include details of infantry, cavalry, mountain
artillery, pioneers and the corresponding technical and general services;
their total strength shall not exceed 15,000 men, to be included in the
total strength provided for in Article 155.
The number of such
reinforcements for any one legion shall not exceed one third of the whole
strength of these elements without the special authority of the Inter-Allied
Commission provided for in Article 200.
The proportion of
the various arms and services entering into the composition of these special
elements is laid down in Table II annexed to this Section.
Their quartering
will be fixed as provided in Article 200.
ToTable
2
ARTICLE 158.
In the formations
referred to in Articles 156 and 157, the proportion of officers, including
the personnel of staffs and special services, shall not exceed one twentieth
of the total effectives with the colours, and that of non-commissioned
officers shall not exceed one twelfth of the total effectives with the
colours.
ARTICLE 159.
Offficers supplied
by the various Allied or neutral Powers shail collaborate, under the
direction of the Turkish Government, in the command, the organisation and
the training of the gendarmerie officers authorised by Article 158, but
their number shall not exceed fifteen per cent. of that strength. Special
agreements to be drawn up by the Inter-Allied Commission mentioned in
Article 200 shall fix t | 
