PART XIII.
LABOUR.
SECTION I.
ORGANISATION OF LABOUR.
Whereas the League of Nations has for its object the establishment of
universal peace, and such a peace can be established only if it is based upon
social justice;
And whereas conditions of labour exist involving such injustice, hardship,
and privation to large numbers of people as to produce unrest so great that the
peace and harmony of the world are imperilled; and an improvement of those
conditions is urgently required: as, for example, by the regulation of the hours
of work, including the establishment of a maximum working day and week, the
regulation of the labour supply, the prevention of unemployment, the provision
of an adequate living wage, the protection of the worker against sickness,
disease and injury arising out of his employment, the protection of children,
young persons and women, provision for old age and injury, protection of the
interests of workers when employed in countries other than their own recognition
of the principle of freedom of association, the organisation of vocational and
technical education and other measures;
Whereas also the failure of any nation to adopt humane conditions of labour
is an obstacle in the way of other nations which desire to improve the
conditions in their own countries;
The HIGH CONTRACTING PARTIES, moved by sentiments of justice and humanity as
well as by the desire to secure the permanent peace of the world, agree to the
following:
CHAPTER l.
ORGANISATION.
ARTICLE 387.
A permanent organisation is hereby established for the promotion of the
objects set forth in the Preamble.
The original Members of the League of Nations shall be the original Members
of this organisation, and hereafter membership of the League of Nations shall
carry with it membership of the said organisation.
ARTICLE 388.
The permanent organisation shall consist of:
(1) a General Conference of Representatives of the Members and,
(2) an International Labour Office controlled by the Governing Body described
in Article 393.
ARTICLE 389.
The meetings of the General Conference of Representatives of the Members
shall be held from time to time as occasion may require, and at least once in
every year. It shall be composed of four Representatives of each of the Members,
of whom two shall be Government Delegates and the two others shall be Delegates
representing respectively the employers and the workpeople of each of the
Members.
Each Delegate may be accompanied by advisers, who shall not exceed two in
number for each item on the agenda of the meeting. When questions specially
affecting women are to be considered by the Conference, one at least of the
advisers should be a woman.
The members undertake to nominate non-Government Delegates and advisers
chosen in agreement with the industrial organisations, if such organisations
exist, which are most representative of employers or workpeople, as the case may
be, in their respective countries.
Advisers shall not speak except on a request made by the Delegate whom they
accompany and by the special authorisation of the President of the Conference,
and may not vote.
A Delegate may by notice in writing addressed to the President appoint one of
his advisers to act as his deputy, and the adviser, while so acting, shall be
allowed to speak and vote.
The names of the Delegates and their advisers will be communicated to the
International Labour Office by the Government of each of the Members.
The credentials of Delegates and their advisers shall be subject to scrutiny
by the Conference, which may, by two-thirds of the votes cast by the Delegates
present, refuse to admit any Delegate or adviser whom it deems not to have been
nominated in accordance with this Article.
ARTICLE 390.
Every Delegate shall be entitled to vote individually on all matters which
are taken into consideration by the Conference.
If one of the Members fails to nominate one of the nonGovernment Delegates
whom it is entitled to nominate, the other non-Government Delegate shall be
allowed to sit and speak at the Conference, but not to vote.
If in accordance with Article 389 the Conference refuses admission to a
Delegate of one of the Members, the provisions of the present Article shall
apply as if that Delegate had not been nominated.
ARTICLE 391.
The meetings of the Conference shall be held at the seat of the League of
Nations, or at such other place as may be decided by the Conference at a
previous meeting by two-thirds of the votes cast by the Delegates present.
ARTICLE 392.
The International Labour Office shall be established at the seat of the
League of Nations as part of the organisation of the League.
ARTICLE 393.
The International Labour Office shall be under the control of a Governing
Body consisting of twenty-four persons, appointed in accordance with the
following provisions:
The Governing Body of the International Labour Office shall be constituted as
follows:
Twelve persons representing the Governments;
Six persons elected by the Delegates to the Conference representing the
employers;
Six persons elected by the Delegates to the Conference representing the
workers.
Of the twelve persons representing the Governments eight shall be nominated
by the Members which are of the chief industrial importance, and four shall be
nominated by the Members selected for the purpose by the Government Delegates to
the Conference, excluding the Delegates of the eight Members mentioned above.
Any question as to which are the Members of the chief industrial importance
shall be decided by the Council of the League of Nations.
The period of office of the Members of the Governing Body will be three
years. The method of filling vacancies and other similar questions may be
determined by the Governing Body subject to the approval of the Conference.
The Governing Body shall, from time to time, elect one of its members to act
as its Chairman, shall regulate its own procedure and shall fix its own times of
meeting. A special meeting shall be held if a written request to that effect is
made by at least ten members of the Governing Body.
ARTICLE 394.
There shall be a Director of the International Labour Office, who shall be
appointed by the Governing Body, and, subject to the instructions of the
Governing Body, shall be responsible for the efficient conduct of the
International Labour Office and for such other duties as may be assigned to him.
The Director or his deputy shall attend all meetings of the Governing Body.
ARTICLE 395.
The staff of the International Labour Office shall be appointed by the
Director who shall, so far as is possible with due regard to the efficiency of
the work of the Office, select persons of different nationalities A certain
number of these persons shall be women.
ARTICLE 396.
The functions of the International Labour Office shall include the collection
and distribution of information on all subjects relating to the international
adjustment of conditions of industrial life and labour, and particularly the
examination of subjects which it is proposed to bring before the Conference with
a view to the conclusion of international conventions, and the conduct of such
special investigations as may be ordered by the Conference.
It will prepare the agenda for the meetings of the Conference.
It will carry out the duties required of it by the provisions of this Part of
the present Treaty in connection with international disputes.
It will edit and publish in French and English, and in such other languages
as the Governing Body may think desirable, a periodical paper dealing with
problems of industry and employment of international interest.
Generally, in addition to the functions set out in this Article, it shall
have such other powers and duties as may be assigned to it by the Conference.
ARTICLE 397.
The Government Departments of any of the Members which deal with questions of
industry and employment may communicate directly with the Director through the
Representative of their Government on the Governing Body of the International
Labour Office, or failing any such Representative, through such other qualified
official as the Government may nominate for the purpose.
ARTICLE 398.
The International Labour Office shall be entitled to the assistance of the
Secretary-General of the League of Nations in any matter in which it can be
given.
ARTICLE 399.
Each of the Members will pay the travelling and subsistence expenses of its
Delegates and their advisers and of its Representatives attending the meetings
of the Conference or Governing Body, as the case may be.
All the other expenses of the International Labour Office and of the meetings
of the Conference or Governing Body shall be paid to the Director by the
Secretary-General of the League of Nations out of the general funds of the
League.
The Director shall be responsible to the Secretary-General of the League for
the proper expenditure of all moneys paid to him in pursuance of this Article.
CHAPTER II.
PROCEDURE.
ARTICLE 400.
The agenda for all meetings of the Conference will be settled by the
Governing Body, who shall consider any suggestion as to the agenda that may be
made by the Government of any of the Members or by any representative
organisation recognised for the purpose of Article 389.
ARTICLE 401.
The Director shall act as the Secretary of the Conference, and shall transmit
the agenda so as to reach the Members four months before the meeting of the
Conference, and, through them, the non- Government Delegates when appointed.
ARTICLE 402.
Any of the Governments of the Members may formally object to the inclusion of
any item or items in the agenda. The grounds for such objection shall be set
forth in a reasoned statement addressed to the Director, who shall circulate it
to all the Members of the Permanent Organisation.
Items to which such objection has been made shall not, however, be excluded
from the agenda, if at the Conference a majority of two- thirds of the votes
cast by the Delegates present is in favour of considering them.
If the Conference decides (otherwise than under the preceding paragraph) by
two-thirds of the votes cast by the Delegates present that any subject shall be
considered by the Conference, that subject shall be included in the agenda for
the following meeting.
ARTICLE 403.
The Conference shall regulate its own procedure, shall elect its own
President, and may appoint committees to consider and report on any matter.
Except as otherwise expressly provided in this Part of the present Treaty,
all matters shall be decided by a simple majority of the votes cast by the
Delegates present.
The voting is void unless the total number of votes cast is equal to half the
number of the Delegates attending the Conference.
ARTICLE 404.
The Conference may add to any committees which it appoints technical experts,
who shall be assessors without power to vote.
ARTICLE 405.
When the Conference has decided on the adoption of proposals with regard to
an item in the agenda, it will rest with the Conference to determine whether
these proposals should take the form: (a) of a recommendation to be submitted to
the Members for consideration with a view to effect being given to it by
national legislation or otherwise, or (b) of a draft international convention
for ratification by the Members.
In either case a majority of two-thirds of the votes cast by the Delegates
present shall be necessary on the final vote for the adoption of the
recommendation or draft convention, as the case may be, by the Conference.
In framing any recommendation or draft convention of general application the
Conference shall have due regard to those countries in which climatic
conditions, the imperfect development of industrial organisation or other
special circumstances make the industrial conditions substantially different and
shall suggest the modifications, if any, which it considers may be required to
meet the case of such countries.
A copy of the recommendation or draft convention shall be authenticated by
the signature of the President of the Conference and of the Director and shall
be deposited with the Secretary- General of the League of Nations. The
Secretary-General will communicate a certified copy of the recommendation or
draft convention to each of the members.
Each of the Members undertakes that it will, within the period of one year at
most from the closing of the session of the Conference, or if it is impossible
owing to exceptional circumstances to do so within the period of one year, then
at the earliest practicable moment and in no case later than eighteen months
from the closing of the session of the Conference, bring the recommendation or
draft convention before the authority or authorities within whose competence the
matter lies, for the enactment of legislation or other action.
In the case of a recommendation, the Members will inform the
Secretary-General of the action taken.
In the case of a draft convention, the Member will, if it obtains the consent
of the authority or authorities within whose competence the matter lies,
communicate the formal ratification of the convention to the Secretary-General
and will take such action as may be necessary to make effective the provisions
of such convention.
If on a recommendation no legislative or other action is taken to make a
recommendation effective, or if the draft convention fails to obtain the consent
of the authority or authorities within whose competence the matter lies, no
further obligation shall rest upon the Member.
In the case of a federal State, the power of which to enter into conventions
on labour matters is subject to limitations, it shall be in the discretion of
that Government to treat a draft convention to which such limitations apply as a
recommendation only, and the provisions of this Article with respect to
recommendations shall apply in such case.
The above Article shall be interpreted in accordance with the following
principle:
In no case shall any Member be asked or required, as a result of the adoption
of any recommendation or draft convention by the Conference, to lessen the
protection afforded by its existing legislation to the workers concerned.
ARTICLE 406.
Any convention so ratified shall be registered by the Secretary- General of
the League of Nations, but shall only be binding upon the Members which ratify
it.
ARTICLE 407.
If any convention coming before the Conference for final consideration fails
to secure the support of two-thirds of the votes cast by the Delegates present,
it shall nevertheless be within the right of any of the Members of the Permanent
Organisation to agree to such convention among themselves.
Any convention so agreed to shall be communicated by the Governments
concerned to the Secretary-General of the League of Nations, who shall register
it.
ARTICLE 408.
Each of the Members agrees to make an annual report to the International
Labour Office on the measures which it has taken to give effect to the
provisions of conventions to which it is a party. These reports shall be made in
such form and shall contain such particulars as the Governing Body may request.
The Director shall lay a summary of these reports before the next meeting of the
Conference.
ARTICLE 409.
In the event of any representation being made to the International Labour
Office by an industrial association of employers or of workers that any of the
members has failed to secure in any respect the effective observance within its
jurisdiction of any convention to which it is a party, the Governing Body may
communicate this representation to the Government against which it is made and
may invite that Government to make such statement on the subject as it may think
fit.
ARTICLE 410.
If no statement is received within a reasonable time from the Government in
question, or if the statement when received is not deemed to be satisfactory by
the Governing Body, the latter shall have the right to publish the
representation and the statement, if any, made in reply to it.
ARTICLE 411.
Any of the Members shall have the right to file a complaint with the
International Labour Office if it is not satisfied that any other Member is
securing the effective observance of any convention which both have ratified in
accordance with the foregoing Articles.
The Governing Body may, if it thinks fit, before referring such a complaint
to a Commission of Enquiry, as hereinafter provided for, communicate with the
Government in question in the manner described in Article 409.
If the Governing Body does not think it necessary to communicate the
complaint to the Government in question, or if, when they have made such
communication, no statement in reply has been received within a reasonable time
which the Governing Body considers to be satisfactory, the Governing Body may
apply for the appointment of a Commission of Enquiry to consider the complaint
and to report thereon.
The Governing Body may adopt the same procedure either of its own motion or
on receipt of a complaint from a Delegate to the Conference.
When any matter arising out of Articles 410 or 411 is being considered by the
Governing Body, the Government in question shall, if not already represented
thereon, be entitled to send a representative to take part in the proceedings of
the Governing Body while the matter is under consideration. Adequate notice of
the date on which the matter will be considered shall be given to the Government
in question.
ARTICLE 412.
The Commission of Enquiry shall be constituted in accordance with the
following provisions:
Each of the Members agrees to nominate within six months of the date on which
the present Treaty comes into force three persons of industrial experience, of
whom one shall be a representative of employers, one a representative of
workers, and one a person of independent standing, who shall together form a
panel from which the Members of the Commission of Enquiry shall be drawn.
The qualifications of the persons so nominated shall be subject to scrutiny
by the Governing Body, which may be two-thirds of the votes cast by the
representatives present refuse to accept the nomination of any person whose
qualifications do not in its Opinion comply with the requirements of the present
Article.
Upon the application of the Governing Body, the Secretary-General of the
League of Nations shall nominate three persons one from each section of this
panel, to constitute the Commission of Enquiry, and shall designate one of them
as the President of the Commission. None of these three persons shall be a
person nominated to the panel by any Member directly concerned in the complaint.
ARTICLE: 413.
The Members agree that, in the event of the reference of a complaint to a
Commission of Enquiry under Article 411, they will each, whether directly
concerned in the complaint or not, place at the disposal of the Commission all
the information in their possession which bears upon the subject-matter of the
complaint.
ARTICLE 414.
When the Commission of Enquiry has fully considered the complaint, it shall
prepare a report embodying its findings on all questions of fact relevant to
determining the issue between the parties and containing such recommendations as
it may think proper as to the steps which should be taken to meet the complaint
and the time within which they should be taken.
It shall also indicate in this report the measures, if any, of an economic
character against a defaulting Government which it considers to be appropriate,
and which it considers other Governments would be justified in adopting.
ARTICLE 415.
The Secretary-General of the League of Nations shall communicate the report
of the Commission of Enquiry to each of the Governments concerned in the
complaint, and shall cause it to be published.
Each of these Governments shall within one month inform the Secretary-General
of the League of Nations whether or not it accepts the recommendations contained
in the report of the Commission- and if not, whether it proposes to refer the
complaint to the Permanent Court of International Justice of the League of
Nations.
ARTICLE 416.
In the event of any Member failing to take the action required by Article
405, with regard to a recommendation or draft Convention, any other Member shall
be entitled to refer the matter to the Permanent Court of International Justice.
ARTICLE 417.
The decision of the Permanent Court of International Justice in regard to a
complaint or matter which has been referred to it in pursuance of Article 415 or
Article 416 shall be final.
ARTICLE 4l8.
The Permanent Court of International Justice may affirm, vary or reverse any
of the findings or recommendations of the Commission of Enquiry, if any, and
shall in its decision indicate the measures, if any, of an economic character
which it considers to be appropriate, and which other Governments would be
justified in adopting against a defaulting Government.
ARTICLE 4l9.
In the event of any Member failing to carry out within the time specified the
recommendations, if any, contained in the report of the Commission of Enquiry,
or in the decision of the Permanent Court of International Justice, as the case
may be, any other Member may take against that Member the measures of an
economic character indicated in the report of the Commission or in the decision
of the Court as appropriate to the case.
ARTICLE 420.
The defaulting Government may at any time inform the Governing Body that it
has taken the steps necessary to comply with the recommendations of the
Commission of Enquiry or with those in the decision of the Permanent Court of
International Justice, as the case may be, and may request it to apply to the
Secretary-General of the League to constitute a Commission of Enquiry to verify
its contention. In this case the provisions of Articles 412, 413, 414, 415, 417
and 418 shall apply, and if the report of the Commission of Enquiry or the
decision of the Permanent Court of International Justice is in favour of the
defaulting Government, the other Governments shall forthwith discontinue the
measures of an economic character that they have taken against the defaulting
Government.
CHAPTER III.
GENERAL PRESCRIPTIONS.
ARTICLE 421.
The Members engage to apply conventions which they have ratified in
accordance with the provisions of this Part of the present Treaty to their
colonies, protectorates and possessions which are not fully self-governing:
(1) Except where owing to the local conditions the convention is
inapplicable, or
(2) Subject to such modifications as may be necessary to adapt the convention
to local conditions.
And each of the Members shall notify to the International Labour Office the
action taken in respect of each of its colonies, protectorates and possessions
which are not fully self-governing.
ARTICLE 422.
Amendments to this Part of the present Treaty which are adopted by the
Conference by a majority of two-thirds of the votes cast by the Delegates
present shall take effect when ratified by the States whose representatives
compose the Council of the League of Nations and by three-fourths of the
Members.
ARTICLE 423.
Any question or dispute relating to the interpretation of this Part of the
present Treaty or of any subsequent convention concluded by the Members in
pursuance of the provisions of this Part of the present Treaty shall be referred
for decision to the Permanent Court of International Justice.
CHAPTER IV.
TRANSITORY PROVISIONS.
ARTICLE 424.
The first meeting of the Conference shall take place in October, 1919. The
place and agenda for this meeting shall be as specified in the Annex hereto.
Arrangements for the convening and the organisation of the first meeting of
the Conference will be made by the Government designated for the purpose in the
said Annex. That Government shall be assisted in the preparation of the
documents for submission to the Conference by an International Committee
constituted as provided in the said Annex.
The expenses of the first meeting and of all subsequent meetings held before
the League of Nations has been able to establish a general fund, other than the
expenses of Delegates and their advisers, will be borne by the Members in
accordance with the apportionment of the expenses of the International Bureau of
the Universal Postal Union.
ARTICLE 425.
Until the League of Nations has been constituted all communications which
under the provisions of the foregoing Articles should be addressed to the
Secretary-General of the League will be preserved by the Director of the
International Labour Office, who will transmit them to the Secretary-General of
the League.
ARTICLE 426.
Pending the creation of a Permanent Court of International Justice disputes
which in accordance with this Part of the present Treaty would be submitted to
it for decision will be referred to a tribunal of three persons appointed by the
Council of the League of Nations.
ANNEX.
FIRST MEETING OF ANNUAL LABOUR CONFERENCE, 1919.
The place of meeting will be Washington.
The Government of the United States of America is requested to convene the
Conference.
The International Organising Committee will consist of seven Members,
appointed by the United States of America, Great Britain, France, Italy, Japan,
Belgium and Switzerland. The Committee may, if it thinks necessary, invite other
Members to appoint representatives.
Agenda:
(1) Application of principle of the 8-hours day or of the 48-hours week.
(2) Question of preventing or providing against unemployment.
(3) Women's employment:
- (a) Before and after child-birth, including the question of maternity
benefit;
- (b) During the night;
- (c) In unhealthy processes.
(4) Employment of children:
- (a) Minimum age of employment;
- (b) During the night;
- (c) In unhealthy processes.
(5) Extension and application of the International Conventions adopted at
Berne in 1906 on the prohibition of night work for women employed in industry
and the prohibition of the use of white phosphorus in the manufacture of
matches.
SECTION II.
GENERAL PRINCIPLES.
ARTICLE 427.
The High Contracting Parties, recognising that the well-being, physical,
moral and intellectual, of industrial wage-earners is of supreme international
importance, have framed, in order to further this great end, the permanent
machinery provided for in Section l and associated with that of the League of
Nations.
They recognise that differences of climate, habits, and customs, of economic
opportunity and industrial tradition, make strict uniformity in the conditions
of labour difficult of immediate attainment. But, holding as they do, that
labour should not be regarded merely as an article of commerce, they think that
there are methods and principles for regulating labour conditions which all
industrial communities should endeavour to apply, so far as their special
circumstances will permit.
Among these methods and principles, the following seem to the High
Contracting Parties to be of special and urgent importance:
First. — The guiding principle above enunciated that labour should not be
regarded merely as a commodity or article of commerce.
Second. — The right of association for all lawful purposes by the employed
as well as by the employers.
Third. — The payment to the employed of a wage adequate to maintain a
reasonable standard of life as this is understood in their time and country.
Fourth. — The adoption of an eight hours day or a forty-eight hours week as
the standard to be aimed at where it has not already been attained.
Fifth. — The adoption of a weekly rest of at least twenty-four hours, which
should include Sunday wherever practicable.
Sixth. — The abolition of child labour and the imposition of such
limitations on the labour of young persons as shall permit the continuation of
their education and assure their proper physical development.
Seventh. — The principle that men and women should receive equal
remuneration for work of equal value.
Eighth. — The standard set by law in each country with respect to the
conditions of labour should have due regard to the equitable economic treatment
of all workers lawfully resident therein.
Ninth. — Each State should make provision for a system of inspection in
which women should take part, in order to ensure the enforcement of the laws and
regulations for the protection of the employed.
Without claiming that these methods and principles are either complete or
final, the High Contracting Parties are of opinion that they are well fitted to
guide the policy of the League of Nations; and that, if adopted by the
industrial communities who are members of the League, and safeguarded in
practice by an adequate system of such inspection, they will confer lasting
benefits upon the wage- earners of the world.
PART XIV.
GUARANTEES.
SECTION I.
WESTERN EUROPE.
ARTICLE 428.
As a guarantee for the execution of the present Treaty by . Germany, the
German territory situated to the west of the Rhine, together with the
bridgeheads, will be occupied by Allied and Associated troops for a period of
fifteen years from the coming into force of the present Treaty.
ARTICLE 429.
If the conditions of the present Treaty are faithfully carried out by
Germany, the occupation referred to in Article 428 will be successively
restricted as follows:
(1) At the expiration of five years there will be evacuated: the bridgehead
of Cologne and the territories north of a line running along the Ruhr, then
along the railway Julich, Duren, Euskirchen, Rheinbach, thence along the road
Rheinbach to Sinzig, and reaching the Rhine at the confluence with the Ahr; the
roads, railways and places mentioned above being excluded from the area
evacuated.
(2) At the expiration of ten years there will be evacuated: the bridgehead of
Coblenz and the territories north of a line to be drawn from the intersection
between the frontiers of Belgium, Germany and Holland, running about from 4
kilometres south of Aix- la-Chapelle, then to and following the crest of Forst
Gemund, then east of the railway of the Urft valley, then along Blankenheim,
Valdorf, Dreis, Ulmen to and following the Moselle from Bremm to Nehren, then
passing by Kappel and Simmern, then following the ridge of the heights between
Simmern and the Rhine and reaching this river at Bacharach; all the places
valleys, roads and railways mentioned above being excluded from the area
evacuated.
(3) At the expiration of fifteen years there will be evacuated: the
bridgehead of Mainz, the bridgehead of Kehl and the remainder of the German
territory under occupation.
If at that date the guarantees against unprovoked aggression by Germany are
not considered sufficient by the Allied and Associated Governments, the
evacuation of the occupying troops may be delayed to the extent regarded as
necessary for the purpose of obtaining the required guarantees.
ARTICLE 430.
In case either during the occupation or after the expiration of the fifteen
years referred to above the Reparation Commission finds that Germany refuses to
observe the whole or part of her obligations under the present Treaty with
regard to reparation, the whole or part of the areas specified in Article 429
will be reoccupied immediately by the Allied and Associated forces.
ARTICLE 431.
If before the expiration of the period of fifteen years Germany complies with
all the undertakings resulting from the present Treaty, the occupying forces
will be withdrawn immediately.
ARTICLE 432.
All matters relating to the occupation and not provided for by the present
Treaty shall be regulated by subsequent agreements, which Germany hereby
undertakes to observe.
SECTION II.
EASTERN EUROPE.
ARTICLE 433.
As a guarantee for the execution of the provisions of the present Treaty, by
which Germany accepts definitely the abrogation of the Brest-Litovsk Treaty, and
of all treaties, conventions and agreements entered into by her with the
Maximalist Government in Russia, and in order to ensure the restoration of peace
and good government in the Baltic Provinces and Lithuania, all German troops at
present in the said territories shall return to within the frontiers of Germany
as soon as the Governments of the Principal Allied and Associated Powers shall
think the moment suitable, having regard to the internal situation of these
territories. These troops shall abstain from all requisitions and seizures and
from any other coercive measures, with a view to obtaining supplies intended for
Germany, and shall in no way interfere with such measures for national defence
as may be adopted by the Provisional Governments of Esthonia, Latvia, and
Lithuania.
No other German troops shall, pending the evacuation or after the evacuation
is complete, be admitted to the said territories.
PART XV.
MISCELLANEOUS PROVISIONS.
ARTICLE 434.
Germany undertakes to recognise the full force of the Treaties of Peace and
Additional Conventions which may be concluded by the Allied and Associated
Powers with the Powers who fought on the side of Germany and to recognise
whatever dispositions nay be made concerning the territories of the former
Austro-Hungarian Monarchy, of the Kingdom of Bulgaria and of the Ottoman Empire,
and to recognise the new States within their frontiers as there laid down.
ARTICLE 435.
The High Contracting Parties, while they recognise the guarantees stipulated
by the Treaties of 1815, and especially by the Act of November 20, l815, in
favour of Switzerland, the said guarantees constituting international
obligations for the maintenance of peace, declare nevertheless that the
provisions of these treaties, conventions, declarations and other supplementary
Acts concerning the neutralized zone of Savoy, as laid down in paragraph 1 of
Article 92 of the Final Act of the Congress of Vienna and in paragraph 2 of
Article 3 of the Treaty of Paris of November 20, 1815, are no longer consistent
with present conditions. For this reason the High Contracting Parties take note
of the agreement reached between the French Government and the Swiss Government
for the abrogation of the stipulations relating to this zone which are and
remain abrogated.
The High Contracting Parties also agree that the stipulations of the Treaties
of 1815 and of the other supplementary Acts concerning the free zones of Upper
Savoy and the Gex district are no longer consistent with present conditions, and
that it is for France and Switzerland to come to an agreement together with a
view to settling between themselves the status of these territories under such
conditions as shall be considered suitable by both countries.
ANNEX.
I.
The Swiss Federal Council has informed the French Government on May 5, 1919,
that after examining the provisions of Article 435 in a like spirit of sincere
friendship it has happily reached the conclusion that it was possible to
acquiesce in it under the following conditions and reservations:
(1) The neutralised zone of Haute-Savoie:
(a) It will be understood that as long as the Federal Chambers have not
ratified the agreement come to between the two Governments concerning the
abrogation of the stipulations in respect of the neutralised zone of Savoy,
nothing will be definitively settled, on one side or the other, in regard to
this subject.
(b) The assent given by the Swiss Government to the abrogation of the above
mentioned stipulations presupposes, in conformity with the text adopted, the
recognition of the guarantees formulated in favour of Switzerland by the
Treaties of 1815 and particularly by the Declaration of November 20, 1815.
(c) The agreement between the Governments of France and Switzerland for the
abrogation of the above mentioned stipulations will only be considered as valid
if the Treaty of Peace contains this Article in its present wording. In addition
the Parties to the Treaty of Peace should endeavour to obtain the assent of the
signatory Powers of the Treaties of 1815 and of the Declaration of November 20,
1815, which are not signatories of the present Treaty of Peace.
(2) Free zone of Haute-Savoie and the district of Gex:
(a) The Federal Council makes the most express reservations to the
interpretation to be given to the statement mentioned in the last paragraph of
the above Article for insertion in the Treaty of Peace, which provides that
the stipulations of the Treaties of 1815 and other supplementary acts
concerning the free zones of Haute-Savoie and the Gex district are no longer
consistent with present conditions.,, The Federal Council would not wish that
its acceptance of the above wording should lead to the conclusion that it would
agree to the suppression of a system intended to give neighbouring territory the
benefit of a special regime which is appropriate to the geographical and
economical situation and which has been well tested.
In the opinion of the Federal Council the question is not the modification of
the customs system of the zones as set up by the Treaties mentioned above, but
only the regulation in a manner more appropriate to the economic conditions of
the present day of the terms of the exchange of goods between the regions in
question. The Federal Council has been led to make the preceding observations by
the perusal of the draft Convention concerning the future constitution of the
zones which was annexed to the note of April 26 from the French Government.
While making the above reservations the Federal Council declares its readiness
to examine in the most friendly spirit any proposals which the French Government
may deem it convenient to make on the subject.
(b) It is conceded that the stipulations of the Treaties of 1815 and other
supplementary acts relative to the free zones will remain in force until a new
arrangement is come to between France and Switzerland to regulate matters in
this territory.
II.
The French Government have addressed to the Swiss Government, on May 18,
1919, the following note in reply to the communication set out in the preceding
paragraph:
In a note dated May 5 the Swiss Legation in Paris was good enough to inform
the Government of the French Republic that the Federal Government adhered to the
proposed Article to be inserted in the Treaty of Peace between the Allied and
Associated Governments and Germany.
The French Government have taken note with much pleasure of the agreement
thus reached, and, at their request, the proposed Article, which had been
accepted by the Allied and Associated Governments, has been inserted under No.
435 in the Peace conditions presented to the German Plenipotentiaries.
The Swiss Government, in their note of May 5 on this subject, have expressed
various views and reservations.
Concerning the observations relating to the free zones of Haute- Savoie and
the Gex district, the French Government have the honour to observe that the
provisions of the last paragraph of Article 435 are so clear that their purport
cannot be misapprehended, especially where it implies that no other Power but
France and Switzerland will in future be interested in that question.
The French Government, on their part, are anxious to protect the interests of
the French territories concerned, and, with that object, having their special
situation in view, they bear in mind the desirability of assuring them a
suitable customs regime and determining, in a manner better suited to present
conditions, the methods of exchanges between these territories and the adjacent
Swiss territories, while taking into account the reciprocal interests of both
regions.
It is understood that this must in no way prejudice the right of France to
adjust her customs line in this region in conformity with her political
frontier, as is done on the other portions of her territorial boundaries, and as
was done by Switzerland long ago on her own boundaries in this region
The French Government are pleased to note on this subject in what a friendly
disposition the Swiss Government take this opportunity of declaring their
willingness to consider any French proposal dealing with the system to be
substituted for the present regime of the said free zones, which the French
Government intend to formulate in the same friendly spirit.
Moreover, the French Government have no doubt that the provisional
maintenance of the regime of 1815 as to the free zones referred to in the above
mentioned paragraph of the note from the Swiss Legation of May 5, whose object
is to provide for the passage from the present regime to the conventional
regime, will cause no delay whatsoever in the establishment of the new situation
which has been found necessary by the two Governments. This remark applies also
to the ratification by the Federal Chambers, dealt with in paragraph 1 (a), of
the Swiss note of May 5, under the heading "Neutralised zone of Haute-Savoie."
ARTICLE 436.
The High Contracting Parties declare and place on record that they have taken
note of the Treaty signed by the Government of the French Republic on July 17,
1918, with His Serene Highness the Prince of Monaco defining the relations
between France and the Principality
ARTICLE 437.
The High Contracting Parties agree that, in the absence of a subsequent
agreement to the contrary, the Chairman of any Commission established by the
present Treaty shall in the event of an equality of votes be entitled to a
second vote.
ARTICLE 438.
The Allied and Associated Powers agree that where Christian religious
missions were being maintained by German societies or persons in territory
belonging to them, or of which the government is entrusted to them in accordance
with the present Treaty, the property which these missions or missionary
societies possessed, including that of trading societies whose profits were
devoted to the support of missions, shall continue to be devoted to missionary
purposes. In order to ensure the due execution of this undertaking the Allied
and Associated Governments will hand over such property to boards of trustees
appointed by or approved by the Governments and composed of persons holding the
faith of the Mission whose property is involved.
The Allied and Associated Governments, while continuing to maintain full
control as to the individuals by whom the Missions are conducted, will safeguard
the interests of such Missions.
Germany, taking note of the above undertaking, agrees to accept all
arrangements made or to be made by the Allied or Associated Government concerned
for carrying on the work of the said missions or trading societies and waives
all claims on their behalf.
ARTICLE 439.
Without prejudice to the provisions of the present Treaty, Germany undertakes
not to put forward directly or indirectly against any Allied or Associated
Power, signatory of the present Treaty, including those which without having
declared war, have broken off diplomatic relations with the German Empire, any
pecuniary claim based on events which occurred at any time before the coming
into force of the present Treaty.
The present stipulation will bar completely and finally all claims of this
nature, which will be thenceforward extinguished, whoever may be the parties in
interest.
ARTICLE 440.
Germany accepts and recognises as valid and binding all decrees and orders
concerning German ships and goods and all orders relating to the payment of
costs made by any Prize Court of any of the Allied or Associated Powers, and
undertakes not to put forward any claim arising out of such decrees or orders on
behalf of any German national.
The Allied and Associated Powers reserve the right to examine in such manner
as they may determine all decisions and orders of German Prize Courts, whether
affecting the property rights of nationals of those Powers or of neutral Powers.
Germany agrees to furnish copies of all the documents constituting the record of
the cases, including the decisions and orders made, and to accept and give
effect to the recommendations made after such examination of the cases.
THE PRESENT TREATY, of which the French and English texts are both authentic,
shall be ratified.
The deposit of ratifications shall be made at Paris as soon as possible.
Powers of which the seat of the Government is outside Europe will be entitled
merely to inform the Government of the French Republic through their diplomatic
representative at Paris that their ratification has been given; in that case
they must transmit the instrument of ratification as soon as possible.
A first proces-verbal of the deposit of ratifications will be drawn up as
soon as the Treaty has been ratified by Germany on the one hand, and by three of
the Principal Allied and Associated Powers on the other hand.
From the date of this first proces-verbal the Treaty will come into force
between the High Contracting Parties who have ratified it. For the determination
of all periods of time provided for in the present Treaty this date will be the
date of the coming into force of the Treaty.
In all other respects the Treaty will enter into force for each Power at the
date of the deposit of its ratification.
The French Government will transmit to all the signatory Powers a certified
copy of the proces-verbaux of the deposit of ratifications.
IN FAITH WHEREOF the above-named Plenipotentiaries have signed the present
Treaty.
Done at Versailles, the twenty-eighth day of June, one thousand nine hundred
and nineteen, in a single copy which will remain deposited in the archives of
the French Republic, and of which authenticated copies will be transmitted to
each of the Signatory Powers.