the gendarmerie and the police, in the protection of religious, racial and linguistic minorities and in the economic development of the country, Considering that the autonomy or eventual independence of Kurdistan has been recognised by them, and that it is desirable, with a view to facilitating the development of that country and the provision of any assistance which may be required in its administration, to avoid international rivalries in such matters, Recognising the respective special interests of Italy in Southern Anatolia and of France in Cilicia and the western part of Kurdistan bordering on Syria, up to Jezireh-Ibn-Omar, as these areas are hereafter defined, Have agreed upon the following provisions: ART. I. There shall be perfect equality in Turkey between the Contracting Powers in the composition of all international Commissions, whether existing or to be established (including the different services dependent thereon) charged with the re-organisation and supervision in a manner consistent with the independence of the country of the different public services (judicial and financial administrations, gendarmerie and police) and of ensuring the protection of racial, religious and linguistic minorities. However, in the event of the Turkish Government, or the Government of Kurdistan, being desirous of obtaining external assistance in the local administration or police of the areas in which the special interests of France and Italy are respectively recognised, the Contracting Powers undertake not to dispute the preferential claim of the Power whose special interests in such areas are recognised to supply such assistance. This assistance shall be specially directed towards enhancing the protection afforded to racial, religious or linguistic minorities in the said areas. II. In accordance with the provisions of the Treaty of Peace with Turkey,* the nationals of the Contracting Powers, their ships and aircraft, and products and manufactured articles coming from or going to the territories, Dominions, Colonies or Protectorates of the said Powers, shall enjoy in the said areas perfect equality in all matters relating to commerce and navigation, and particularly as regards transit, Customs and similar matters. Nevertheless, the Contracting Powers undertake not to apply, nor to make or support applications on behalf of their nationals, for industrial or commercial concessions in an area in which the special interests of one of the said Powers are recognised, except in cases where such Power declines or is unable to take advantage of its special position. * Page 652. III. The Contracting Powers undertake to render diplomatic support to each other in maintaining their respective positions in the areas in which their special interests are recognised. IV. The Anatolian railway, the Mersina-Tarsus-Adana railway and that part of the Bagdad railway which lies in Turkish territory as defined by the Treaty of Peace with Turkey shall be worked by a company whose capital will be subscribed by British, French and Italian financial groups. Part of the capital will be allotted to British, French and Italian groups in return for the interests that such groups may respectively have held in the Bagdad line as a whole on the 1st August, 1914; the rest of the capital will be divided equally between the British, French and Italian groups. Nevertheless, in exchange for the whole or part of the interests owned by French nationals on the 1st August, 1914, in the Bagdad railway line, the French Government reserves the right to have conceded to it and to work the whole or part of the railway lines (including the Mersina-Tarsus-Adana line) which lie in the area in which its interests are specially recognised. In such event the share of French nationals in the company provided for in the preceding paragraph will be reduced by a proportion corresponding to the value of the lines which are thus conceded to the French Government. This right of the French Government must be exercised within twelve months from the coming into force of the Treaty of Peace with Turkey. In the operations of the company constituted as provided by the first paragraph of this Article account will be taken of the particular rights and interests of the respective Governments which are recognised in the areas defined by the present Agreement, but in such a way as not to injure the good working of the railways. The Contracting Powers agree to support the unification in the near future of the entire railway system in the territory which remains Turkish by the establishment of a joint company for working the lines. The division of the capital of this new company will be settled by agreement between the groups concerned. The company constituted as provided by the first paragraph of this Article, as well as any company which may be formed for the purpose indicated in the fourth paragraph, will alike be bound to comply with the provisions of Part XI (Ports, Waterways and Railways) of the Treaty of Peace with Turkey, and in particular to accord absolute equality of treatment in respect of railway rates and facilities to goods and passengers of whatever nationality, destination or origin. The French Government undertakes, in the event of its exercising the right provided for in the second paragraph of this Article, to comply with the same provisions in respect of any railway line so conceded to it. V. For the purposes of the present Agreement: 1. The area in which the special interests of France are recognised is comprised within the following boundaries: On the south: From the mouth of the Lama Su on the Gulf of Alexandretta to a point where the northern frontier of Syria, as described in the Turkish Peace Treaty, meets the sea: the Mediterranean Sea; thence eastwards to the south-western extremity of the bend in the Tigris about 6 kilometres north of Azekh (27 kilometres west of Djezire-Ibn-Omar), the northern frontier of Syria as described in the Treaty of Peace with Turkey. On the east: Thence northwards to the confluence of the Hazo Su with the Tigris, the course of the Tigris upstream; thence northwards to a point on the Hazo Su due south of Meleto Dagh, the course of the Hazo Su upstream; thence due north to Meleto Dagh, a straight line. On the north: Thence north-westwards to the point where the boundary between the vilayets of Diarbekir and Bitlis crosses the Murad Su, a line following the line of heights Meleto Dagh, Antogh Dagh, Siri-I-Siri Dagh, Chevtela Dagh; thence westwards to its confluence with the Kara Su (Euphrates), the course of the Murad Su downstream; thence northwards to Pingen on the Kara Su (Euphrates), the course of the Kara Su (Euphrates) upstream; thence north-westwards to Habash Dagh, a straight line; thence westwards to Batmantash, a line following the line of heights Habash Dagh, Terfellu Dagh, Dormanli Dagh. On the west: Thence southwards to Yenikhan, a straight line; thence south-westwards to Ak Dagh on the boundary between the vilayets of Sivas and Angora, a line reaching and then following the crest line of Ak Dagh; thence southwards to a point due west of Seresek, the boundary between the vilayets of Sivas and Angora; thence south-westwards to Erdjias Dagh (the point where the boundary of the Italian zone, as defined below, joins the western boundary of the French zone), a straight line; thence south-westwards to Omarli, a line following the line of heights Erdjias Dagh, Devli Dagh and Ala Dagh; thence southwards to the confluence of the Tarbaz Chai and the river descending from Kara Geul, a straight line; thence in a south-westerly direction to the bend about 5 kilometres south-west of its mouth, the course of the river flowing from Kara Geul upstream; thence south-westwards to Perchin Bel, a line following the crest of the Bulgar Dagh; thence south-eastwards to the source of the Lama Su, thence to its mouth on the Gulf of Alexandretta, the course of the Lama Su downstream. 2. The area in which the special interests of Italy are recognised is comprised within the following boundaries: On the east: From the mouth of the Lama Su on the Gulf of Alexandreta to Erdjias Dagh, the western boundary of the area in which the special interests of France are recognised, as described above. On the north: Thence westwards to Akshehr railway station, a straight line, modified, however, to leave the railway from Akshehr to Konia within the area; thence north-westwards to Kutaya, a line following the railway line from Akshehr to Kutaya (the railway remaining without the area); thence north-westwards to Keshish Dagh, a straight line; thence westwards to the most easterly point of contact of the southern boundary of the Straits Zone with Abulliont Geul, On the west: Thence in a southerly direction to the mouth of the river which flows into the Egean Sea about 5 kilometres north of Skalanova, the southern boundary of the Straits Zone, the northern, eastern and southern boundaries of Smyrna, as they are described in the Treaty of Peace with Turkey. On the south: Thence to the mouth of the Lama Su on the Gulf of Alexandretta, the Egean Sea and the Mediterranean Sea. VI. In relation to the territories detached from the former Turkish Empire and placed under mandate by the Treaty of Peace with Turkey, the Mandatory Power will enjoy vis-à-vis of the other Contracting Powers the same rights and privileges as the Powers whose special interests are respectively recognised in the areas defined in Article V enjoy in the said areas. VII. All concessions for exploiting the coal basin of Heraclea, as well as the means of transport and loading connected with these concessions, are reserved for the Italian Government, without prejudice to all rights of the same nature (concessions granted or applied for) acquired by Allied or neutral nationals up to the 30th October, 1918. As regards rights of exploitation belonging to Turkish subjects, their indemnification will take place in agreement with the Turkish Government, but at the cost of the Italian Government. Nevertheless, on the date on which the Italian Government or the Italian companies shall have brought their annual production of coal up to an amount equal to that produced as on the 1st January, 1930, by companies belonging on the 30th October, 1918, to Allied or neutral nationals, the Italian Government agrees in a spirit of equity to reserve for the Société ottomane d'Eraclée, constituted with French capital (in the event of the latter not having previously expressed the wish to be bought out or to abandon the renewal of its concession), a quarter share in the interest which may be formed, once Italy or the Italian companies shall have reached a production of coal equal in amount to that of the said Allied and neutral nationals as on the 1st January, 1930. The two Governments will give each other mutual diplomatic support with a view to securing from the Turkish Government the issue of fresh ordinances, ensuring the exploitation of the mining rights conceded, the establishment of means of transport, such as mining railways and every facility for loading, as well as the' eventual employment of other than Turkish labour, and corresponding to the demands. |