September 14, 1937 British Restrict Immigration to Palestine

“The announcement contained in the Royal (Peel) Commission July last that His Majesty’s Government proposed to limit Jewish immigration in all categories to a total of 8,000 persons for an eight months’ period ― August 1937 to March 1938 ― was the subject of considerable discussion at the session of the Permanent Mandates Commission held in August 1937, and subsequently at the session of the Council of the League of Nations in September 14, 1937. The Permanent Mandates Commission, in its Report to the Council of the League, observed on this matter as follows:

“The Commission does not question that the mandatory power, responsible as it is for maintenance of order in the territory, may on occasion find it advisable to take such a step (e.g. limit immigration), and is competent to do so, as an exceptional and provisional measure; it feels, however, bound to draw attention to this departure from the principle, sanctioned by the League Council, that immigration is to be proportionate to the country’s economic absorptive capacity.” (Page 233).

The Chairman of the Permanent Mandates Commission, in referring to the subject (e.g. “Political Limits to Immigration”) recalled:

“… THAT IN 1930 THE COUNCIL, ON THE ADVICE OF THE MANDATES COMMISSION, HAD ACCEPTED THE PRINCIPLE PUT FORWARD BY THE MANDATORY POWER ITSELF ― NAMELY, THAT JEWISH IMMIGRATION SHOULD BE AUTHORIZED TO THE EXTENT ALLOWED BY THE COUNTRY’S ABSORPTIVE CAPACITY OF ECONOMIC ABSORPTION.”

“If the accepted criterion were replaced by that of political possibilities, the result would be to modify the interpretation given up to the present to the mandatory Power’s obligation to encourage by means of immigration the creation of the Jewish National Home.”

“The Permanent Mandates Commission have drawn attention to the reduction of Jewish immigration to a total of 8,000 persons in the next eight months. That, as the Commission recognized, is a purely temporary measure designed to meet temporary and exceptional conditions… What is to happen when the period of eight months is over, that is to say, after the 31^st March, 1938, must necessarily depend upon the progress made in the meanwhile with the partition scheme.”

The Chairman of the Mandates Commission, speaking at the conclusion of the meeting of the League Council, said:

“The accredited representative before the Permanent Mandates Commission said that, failing any other and better solution, the continuance of the present mandate must be contemplated, difficult as that continuance might well be. Well, if it came to that, if no better solution could be found, if the present mandate were therefore continued in its present form, the result would be suspension of immigration contrary to the principle expressed by the Council in 1930 … It was for that reason also that the Commission felt it to be its duty to draw attention to the decision, temporary as we hope, taken by the mandatory power, and I think it is clear that such a decision cannot become final unless it is sanctioned by a new decision to be taken by the Council reversing the decision already taken in 1930.”

The resolution finally adopted by the Council of the League of Nations recalled, inter alia, the assurances given by the representative of the United Kingdom on the subject of immigration and laid down definitely that the Mandate approved on the 24^th July, 1922, was to remain in force until otherwise decided.

Source: Political Report of the Executive of the Jewish Agency. (p. 70-72)