THE TREATY OF PEACE BETWEEN THE ALLIED AND ASSOCIATED POWERS
AND TURKEY
SIGNED AT SÈVRES
AUGUST 10, 1920
Index |
Parts:
1
2
3
4
5
6
7
8
9
10
11
12
13
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 II.
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 136, 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 XI (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 241, 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 81.
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.
1. 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 105.
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 19, 1899, 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 XII.
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.
Index |
Parts:
1
2
3
4
5
6
7
8
9
10
11
12
13
|