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 o, 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.
End
|