INTERNATIONAL LABOUR OFFICE
STUDIES AND REPORTS
Series O (Migration) No. 3
MIGRATION
LAWS
AND
TREATIES
VOLUME III
International Treaties and Conventions
GENEVA
1929
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INTERNATIONAL LABOUR OFFICE
STUDIES AND REPORTS
Series O (Migration) No. 3
MIGRATION
LAWS
AND
TREATIES
VOLUME III
International Treaties and Conventions
GENEVA
1929
Published in the United Kingdom
For the Inteenational Labour Office (League of NatiÔïwJ
By P, S. KING & SON, Ltd.
Orchard House, 14 Great Smith Street, Westminster, London, S.W. 1
No. 4648.—Printer Office de Publicité (Ane. Établiss. J. Lbbègue & C*®)
7, impasse du Sureau, Brussels (Belgium).
PREFACE
The first two volumes of this work were devoted to a study of
national laws and regulations governing migration in the countries
of emigration and of immigration respectively. National legislation alone, however, cannot cover all the aspects of migration,
which, by its very nature, inevitably affects more than one
country. Many of the problems arising from migration can
only be dealt with by international agreement. It is therefore
necessary to complete this study by an analysis of the diplomatic
instruments bearing on the subject. The present volume—^the
last of the series—is accordingly devoted to a survey of the
international treaties and conventions concerning emigration.
The need of international agreement for the regulation of
migration has been felt at all periods. History provides a vast
number of examples of treaties touching various phases of this
phenomenon. But treaties, like laws, are not everlasting.
The two oldest migration agreements still in force date back to
the second half of the eighteenth century, the first being the
Treaty concluded in 1783 between the United States of America
and Sweden (which, according to a statement made to the International Emigration Commission in 1921, was the most ancient
agreement concerning migration then in operation), and the
second, the Jay Treaty signed by Great Britain and the United
States in 1794, after the rebellion of the American colonies.
This latter Treaty was recently cited in the Supreme Court of
the United States against an unduly wide application of the
United States Immigration Law of 1924.
Since these two Treaties were made, the number of treaties
has multiplied until nowadays hardly a week passes without
IV
PREFACE
the conclusion of some new treaty. One treaty will deal with
migration as such; another will refer only to foreign workers;
a third to the settlement of immigrants in the territory of one
of the Contracting Parties. In one treaty migration is encouraged; in another it is restricted or prohibited. In one treaty
agreement is made on methods of recruiting, selection or supervision; another embodies provisions for the protection of migrants.
One treaty deals only with wage earners, while another extends
to all classes of foreigners. In some cases the agreement is
confined to a specified point; in others, the provisions relating
to migration are included in a general regulation of the whole
commercial and economic relations between the Parties. In
most cases the agreements relate only to the relations of two
countries ; but in some cases they concern the more complicated
problems of the mutual relations of a group of countries. In this
connection it may be noted that the establishment of the League
of Nations and the International Labour Office has greatly
enlarged the possibility of multilateral agreement.
*
*
*
It would be an exaggeration to claim that the collection of
migration treaties contained in the present vòlume is absolutely
complete. All that has been practicable has been to bring together
a very considerable number of such treaties; so considerable, in
fact, that in many instances only a short analysis of their provisions
could be given. Such condensation has been found specially
necessary in dealing with treaties governing the status of immigrants or the general relations between two countries ; a detailed
analysis of such instruments, one by one, would have required
far more space than was available in a single volume. At the
same time, no treaties have been completely ignored. Our
endeavour has been to set out, briefiy, the various international
settlements at which the principal countries have arrived on the
points of chief importance. The process of elimination, as
always, has necessarily been somewhat arbitrary. A special
effort, however, has been made throughout to include all agreements directly affecting foreign workers.
The information presented in this volume is arranged under
subject headings; that is to say, not according to the nature of
PREFACE
V
the particular agreement, but according to the particular migration problem with which it deals. It will be observed, however,
that for each subject the information is derived from treaties
and conventions of widely different types. Nowhere, perhaps,
does expediency take precedence over a purely rational procedure
more than in international agreements. The conclusion of a
treaty of amity, a convention respecting consular arrangements,
or almost any other kind of agreement, provides an opportunity,
which no Government is slow to.seize, to define the position
of its nationals abroad, to settle any outstanding difference on a
point of law concerning nationality, to establish the conditions
whereby its emigrants are entitled to charitable relief, or to
deal with similar questions which call for agreement. Thus, a
commercial treaty may contain clauses relating to social insurance
benefits, legal aid, the protection of immigrants, the transport
or transit of emigrants, etc. Sometimes the final protocol of a
general treaty may lay down a complete plan for the recruiting
of labour. A single treaty may include two or three clauses
bearing on migration from various standpoints, although the main
substance of the treaty concerns a totally different question.
For the purposes of the present work, therefore, it has been
necessary to dissect these documents in order to bring together
those of their provisions which deal with the same subject and
obtain a general view of them as a whole.
(
Treaties dealing more particularly with the emigration and with
the recruitment and employment of labour are obviously of
special interest for the purposes of this study. Such instruments
are of great social importance, and all their provisions are closely
related. In view of this, and by way of exception to the general
procedure indicated above, such treaties have in each case been
analysed as a whole in one part of the study, references being
given to them where necessary in other parts of the work.
*
*
*
The compilation of a report dealing with a problem so worldwide
as that of migration, the subject nowadays of legislation or diplomatic measures in almost every country of the world, is obviously
attended by many and varied difficulties. These difficulties.
VI
PREFACE
however, have been lessened as a result of the scrupulous observance by Governments of the Recommendation adopted by the
International Labour Conference of 1922 concerning the communication to the International Labour Office of statistical and
other information regarding migration. The Office takes this
opportunity to tender its sincere thanks to all the Governments,
whether of States Members or States non-Members of the Organisation, which have assisted the Office in carrying out a heavy task,
the necessity of which, as evidenced by the resolutions of several
international assemblies, has frequently been recognised. The
information provided by these Governments, spontaneously or
on request, has contributed to correct and complete the data
obtained by the Office from official publications and texts of
treaties.
Thanks to this help, a vast amount of information has been
collected. The first two volumes of this work covered the laws
and regulations of 62 Sovereign States and Dominions, 24 Provinces having their own legislation, 90 colonies and dependencies,
and 9 mandated territories. For the present volume, over
1,000 bilateral and multilateral treaties have been analysed;
this represents, in view of the mutual obligations accepted by
States which have ratified or adhered to such treaties, a mass of
contractual relations between States which is far larger than the
mere number of treaties would suggest.
Thus, in the three volumes, the two sets of measures relating
to migration—legislative and diplomatic—corresponding respectively to the national and the international aspects of the problem,
have been fully set forth. The authors do not pretend that this
analysis of the huge mass of national and international measures
is either exhaustive or faultless. No doubt a number of documents, including perhaps some of real importance, have eluded
our researches; doubtless, in the translation and sifting of documents written in many different languages, mistakes and omissions
have occurred. The possibility of such defects is realised by
no one more acutely than by the authors, who will be the first
to welcome any more exact or supplementary information which
readers may be able to supply. In spite, however, of any faults
the work may possess, it is hoped that these three volumes will
facilitate the study of a question, the documentary material on
which is so voluminous as to be outside the compass of any
PREFACE
YII
private collection. Every endeavour has been made to present
the facts in such a form as to enable the reader readily to find
what he is seeking, and at the same time, to harmonise the different sections of the work in such a way as to obtain the maximum
unity throughout. The effort to preserve uniformity of plan
and method has been made easier by the fact that the whole of
the research work involved, which has occupied more than three
years, has been carried out by a very small group of workers.
For the most part, the actual preparation of the study was
conducted by Madame Marguerite Thibert, Docteur ès lettres,
under the direction of M. Louis Variez, until lately Chief of the
Migration Service of the International Labour Office.
CONTENTS
Preface
Chapter I ; The Different Forms of International Agreement
concerning Migration
§ 1. Nomenclature of Agreements
§ 2. National Legislation Authorising the Conclusion of Treaties
dealing with Migration
PAGE
iii
1
1
8
Chapter II ; International Conferences and Organisations.
§ 1. Official Conferences dealing with Migration
(a) Speeial Groupings of Certain Nations for the Examination of Migration Problems
(b) World Conferences
§ 2. The Permanent Organisations at Geneva as They Affeet
Migration Questions
(a) The League of Nations
(b) The International Labour Organisation
(c) Other International Organisations
§3. Voluntary International Assoeiations dealing with Migration.
11
11
16
16
17
19
20
Chapter III : General Provisions
§ 1. The International Definition of a Migrant
§ 2. International Information
23
23
25
Chapter IV : Freedom of Migration and its Limits
§ 1. The Right to Emigrate and to Immigrate
§ 2. Limitation of the Right to Immigrate
§ 3. The International Co-ordination of Systems of Inspeetion.
§ 4. Passports, Visas and Other Identity Papers
(a) Unification and Simplification of the System
(b) Agreements Relating Particularly to Passports
(c) The Passport Visa
(d) Special Identity Papers for Certain Classes of Persons
(Refugees, Persons without Nationality)
29
29
33
38
39
40
41
42
12
13
44
X
CONTENTS
Chapter V : The Transport of Migrants and of their Property.
PAGE
46
§ 1. Examination of Migrants
§ 2. The Transport of Migrants
(a) Undertakings for the Transport of Migrants
(b) Transport Conditions
(c) Inspection and Protection of Migrants on Board Ship.
(d) Insurance of Emigrants on Board Ship
§ 3. Migrants in Transit
(a) Provisions with Regard to Passengers in General
(b) Provisions Relating Specially to the Transit of Migrants.
§ 4. Public Health Measures which Affect Migrants
§ 5. Repatriation
■
(a) Repatriation Following Rejection
(b) Repatriation Following Deportation
(c) Repatriation of Workers Recruited on a Basis of
Labour Contracts
(d) Voluntary Repatriation
§ 6. The Transport and Transfer of Migrants’ Goods and Savings.
46
47
47
51
53
55
56
56
60
64
66
66
67
Chapter VI : The General Status of Foreign Workers
§ 1. Reciprocity, Equality of Treatment, and the Most-FavouredNation Clause
§ 2. Conditions of Residence
§ 3. Cml and Constitutional Rights
§ 4. Legal Capacity
(a) Questions relating to Marriage
(b) Questions of Divorce and of Judicial Separation
(c) Questions of Inheritance
(d) The Protection of Minors and Persons without Legal
Capacity
(e) The Legal Status and Capacity of Persons without
•
Nationality
(f) The Legal Status and Capacity of Refugees
§ 5. The Nationality of Immigrants
§ 6. Recourse to the Courts
§ 7. Charitable Assistance
§ 8. The Relief of Minors and Incapacitated Persons
(a) Minors
(b) Incapacitated Persons
§9. Instruction in Schools
§ 10. Miscellaneous Questions
(a) Property Rights of Foreigners
(b) Taxation
78
70
72
73
79
85
88
91
92
93
93
93
95
96
97
101
106
113
113
116
117
120
120
121
CONTENTS
(c) Services and Obligations
(d) Consular Protection
XI
PAGE
122
123
Chapter VII : Provisions relating to Foreign Workers
§ 1. Treaties dealing with Labour, Recruitment and the Placing
of Workers
(a) Multilateral Conventions
(b) Bilateral Treaties concerning Migration from One
European Country to Another
(c) Bilateral Migration Treaties Concluded between African
Countries
(dj Bilateral and Plurilateral Treaties concerning Migration
between American Countries
(e) Bilateral Treaties concerning Migration between Asiatic
Countries
(f) Bilateral Treaties concerning Migration between Two
Continents
§ 2. Model Labour Contracts
(a) Model Labour Contract for Yugoslav Seasonal Agricultural Workers
(b) Model Contract for the Employment of Czechoslovak
Agricultural Workers in France
(c) Model Contract for the Engagement of Austrian
Workers in France
§ 3. Admission to Trades and Professions
§ 4. Apprenticeship
§ 5. The Application of Labour Legislation to Foreign Workers.
(a) Labour Laws
(b) Freedom of Association and Workers’ Representation.
(c) Social Insurance in General
(d) Accident Insurance
(e) Invalidity and Old Age Insurance
(f) Unemployment Insurance and Relief
(g) Sickness Insurance
125
Chapter VIII : Special Problems
§ 1. The Negro Traffic and the Slave Trade
§ 2. The Suppression of the Traffic in Women and Children... .
§ 3. Colonial Emigration
§ 4. Migration under the Mandatory System
§ 5. The Migration of Refugees, Optants, Persons Exchanged,etc.
(a) Refugees
(bj Options for Particular Nationalities
(c) Exchange of Populations
§ 6. Frontier Traffic
229
229
233
237
245
248
249
254
255
257
125
128
129
154
161
161
162
169
171
174
176
177
182
183
186
192
194
203
218
222
226
XII
CONTENTS
Appendix
PAGE
Chronological List of the Principal Treaties, Agreements, Conventions, Diplomatic Notes, etc., Analysed in the Present Volume...
261
Addendum
Austro-German Agreement
321
Indexes
I, Subject Index
II. Index by Country
323
349
CHAPTER I
THE DIFFERENT FORMS OF INTERNATIONAL
AGREEMENT CONCERNING MIGRATION
§ 1.—Nomenclature of Agreements
International regulation of affairs concerning migration is
carried out by means of international agreements greatly differing
from each other in form and substance. Their nomenclature
also varies considerably and is sometimes rather uncertain.
In view of this, while making no pretence to fix hard and fast
rules, it is necessary for practical purposes to decide on the vocabulary to be used in this third volume, just as at the beginning
of the work current terms had to be defined and even new words
coined where necessary. In the choice of this vocabulary, an
endeavour will be made to select terms which are in most common
use, or the use of which is in process of becoming established.
The word treaty will be used to designate formal instruments
embodying a direct agreement between two States or among a
restricted group of States. According to a use which is becoming
more and more general, the term convention will be used in the
case of multilateral agreements which are as nearly universal as
possible, drafted either by special diplomatic conferences or, as
is more usual nowadays, by the international organisations
created since the war, viz. the League of Nations and the International Labour Organisation, for the purpose of establishing
common rules to be observed by such of their Members as ratify
the convention. This is the meaning to be given to the term
international convention in the title of this volume. Another use
of the term convention must be noted, however, and must necessarily be taken into account when existing diplomatic instruments
are described—the name is often given to agreements referring
2
THE DIFFEKENT FOIëMS OF AGREEMENT
to specific points of law. In this sense the term is used, for
instance, in speaking of sanitary conventions or consular conventions.
Migration questions can also be regulated through the signing
of minutes of proceedings or of protocols, by an exchange of
diplomatic notes, by memoranda, by modus vivendi and other
diplomatic instruments in use. As there exists no unanimity
whatever as regards a definition of those instruments, their
definition will not be attempted; those terms will only be used
to describe international agreements called by one or another
of those names. Migration questions are often dealt with by
means of simpler arrangements made between the competent
Government departments of interested States, for the purpose
either of applying principles laid down in treaties or of adopting
practical measures on which these Governments are agreed
without the solemn procedure of treaty-making. Such instruments, having the same effect as treaties, are not generally
submitted to the process of ratification and come into force
immediately they have been signed. In German they are called
“Ressortübereinkommen”, in English administrative agreements,,
and in French the term “accords administratifs” is generally
used.
From a practical point of view, international agreements
concerned with migration may be distinguished according to
the number of contracting States. Most of them are made by
two States in order to settle their special interests directly;
these will be called bilateral treaties. Such treaties may be
reciprocal agreements, that is to say, they may be mutual undertakings on the part of both parties with regard to the nationals
of the other Party. The labour treaties signed by France between
1919 and 1924 with Belgium, Czechoslovakia, Italy, and Poland
are of this nature. Bilateral treaties may also include unilateral
undertakings concerning, for instance, the emigration of the
nationals of one Party to the territory of the other Party. Such
is the case, for instance, in the treaty concluded in 1927 between
Germany and Poland for the emigration of Polish agricultural
workers to Germany.
Certain treaties involving the participation of several States,
and which for this reason will be called 'plurilateral treaties, are
closely allied to bilateral treaties in form and purpose : they are
NOMENCLATURE OF AGREEMENTS
3
treaties coneluded by a limited group of contracting States whose
common interests call for the colleetive settlement of certain
questions. Thus, the Seandinavian countries have on several
oeeasions eoneluded treaties among themselves for reeiprocal
assistance to indigent nationals (26 May 1914), the transit of
deported aliens (28 May 1919), etc. South American and
Central Ameriean States also have frequently settled certain
questions amongst themselves. For example, the treaty concluded on 4 February 1889 between the Argentine Republic,
Bolivia, Paraguay, Peru, and Uruguay on the subject of the
carrying on of the liberal professions may be quoted. The
treaties mentioned above are reciprocal treaties. But plurilateral treaties maj?^ impose obligations on a different basis;
they may embody undertakings by a single State towards the
other States, as in the case of the Peace Treaties of 1919 and
1920, which defined the obligations of Germany, Austria, Bulgaria, and Hungary respectively towards the Powers with which
they had been at war.
Of a different kind again are the agreements concluded between
a very large number of contracting States, which as a rule will
be called multilateral conventions. This kind of agreement has
a great advantage over a bilateral agreement ; its scope is rapidly
and progressively extended, inasmuch as each State ratifying
becomes bound to every other State that has done the same.
This kind of agreement even tends to become universal, either
because all States are invited to the Conference adopting the
convention, or because after its adoption by a certain number
of States it is open to non-participating States to give it their
adhesion.
This form of multilateral agreement is not entirely new. In
the period preceding the war several conventions of this kind
were adopted, after being drafted by Conferences such as those
on Private International Law at The Hague, the Paris Health
Conferences, the Labour Conferences at Berne, etc., or even under
the auspices of permanent organisations such as the International
Railway Union of Berne, the Universal Postal Union, etc. The
creation by the Peace Treaties of 1919 and 1920 of the great
international bodies at Geneva—^the League of Nations and the
International Labour Organisation—^has, however, greatly promoted the development of such conventions. The Conventions
4
THE DIFFERENT FORMS OF AGREEMENT
adopted under the auspices of the International Labour Organisation constitute a quite novel form of agreement by reason of
the fact that they are drawn up not by an assembly of diplomats
directly representing interested Governments, but by a specially
constituted assembly, the International Labour Conference,
consisting of representatives of Governments, of employers and
of workers, which adopts the text of the Convention by a special
quasi-parliamentary procedure and submits it to the States for
ratification.
These Labour Conventions therefore tend to establish an
international body of labour legislation for an important part of
the world, viz. for those States Members of the International
Organisation which ratify them.
Though these international institutions are still in an early
stage of development, there is reason to believe that their activities will have an increasing infiuence on the fate of migrants,
who, as such, constitute an essentially international population,
since by means of international agreements these institutions
are gradually regulating the status of aliens and especially of alien
workers and because, in order to furnish regulations applying
broad principles laid down in these agreements, they frequently
stimulate the conclusion of bilateral agreements between countries
directly concerned with the settling of certain questions.
Multilateral conventions, as such, have far more stability and
continuity than bilateral agreements from- the point of view of
the infiuence which they may exert on the evolution of international problems. For, while bilateral agreements may lapse
at any time because one of the Parties denounces them, or may
cease to be observed by tacit consent, multilateral conventions
continue in force where other States Parties to them are concerned,
even though one Party to them may denounce them and the
obligations assumed by it may disappear. The arrangements
made remain in force for the other contracting parties, and so
continue to exert the educative infiuence attaching to a law
that is in force, while, most important of all, the adherence of
further States can still be obtained.
NOMENCLATURE OF AGREEMENTS
5
A further distinction between treaties can be made not according to their form or the number of participating States, but
according to their contents. From this new standpoint and for *
the purposes of our survey, treaties will be divided into general
and special treaties.
(a) General Treaties.—These can be so called either because
they apply indiscriminately to all the nationals of the contracting
States, or because they seek to regulate relations between two
States from a great many points of view. In this division will
be placed treaties of amity, treaties concerning residence (traités
d’établissement), consular conventions, commercial treaties, navigation treaties, those concerned with economic relations, etc.
They are called by these different names because they are each
concerned with some special matter which they directly seek to
settle (commercial relations, consular functions, etc.), and also
as a result of the varying practices of the time or the habits of
the different contracting States; but, in spite of the different
names by which they are called, there exists a considerable
underlying unity between them in regard to matters connected
with the establishment of nationals of one contracting Party on
the territory of another Party.
Sometimes they also contain provisions relating to special
matters which will have to be studied in different chapters of
this book : to the civil and political rights of the nationals of the
States, the legal status of persons, the right to partake of the
benefits conferred by Acts relating to social insurance, legal
assistance, medical assistance, etc. Sometimes they even contain
clauses dealing exclusively with the regulation of migration
questions, such as the right to establish emigration agencies on
the territory of the other State, the transit of migrants, protection
of migrants, etc. Consequently, reference will frequently have
to be made in the present volume to one or another of these
general treaties. The ways in which the most-favoured-nation
clause—so often inserted in general treaties—can be used in
connection with migration would require a detailed study which
can hardly be attempted in this book. In cases where mostfavoured-nation treatment is given to nationals of a contracting
Party without being exactly defined and without restrictions, it
would seem logical not to exclude migration from its scope and
to allow nationals of the said Party most-favoured-nation
6
THE DIFFERENT FORMS OF AGREEMENT
treatment in the matter of entry into the country and of
residence in it.
The difficulties that have been created by the interpretation
of that clause have caused States to be very cautious in
applying it and to define the limits of its application more clearly
than heretofore when inserting it in treaties, or even to exclude
it altogether.
(b) Special Treaties.—These are special as regards either the
persons to whom they apply or the questions which they settle.
Among treaties applying particularly to specified classes of
persons, an examination will be made of those which, for instance,
are coneerned only with the status of workers (labour treaties);
those which organise an international exchange of workers of
certain occupations (agricultural workers, miners, etc.); those
regulating the special difficulties encountered by sailors, hotel
employees and others in following their occupations in different
countries, or by professional men; those which attempt to
prevent the compulsory emigration of backward peoples (convention on the traffic in negroes and on slavery), and lastly
those which since the war have laid down the procedure of
exchange of populations or regulated the settlement of optants,
refugees, etc.
From another point of view, that of the particular subjects
dealt with, it may be said that every point of law which interests
migrants can be settled by treaties which are limited to that
particular point only, whether the question is one touching
migrants as individuals settled on foreign soil or applying to
them in their capacity as migrants proper. In this class fall
treaties dealing specially with the enjoyment of certain rights
(political and civil rights, the right of association, etc.), with
questions of nationality, of legal status, health control, etc.,
also with the application to aliens of various provisions of
labour legislation (accident compensation, unemployment and
health insurance, etc.), or with their right to be assisted
by different social relief and welfare institutions (charitable
assistance, legal aid, assistance to minors, etc.). Finally,
there are treaties specially devoted to migration questions
proper—^to the right of admission of emigrants from one State
tp the territories of another, the transport of migrants, their
transit, the documents they must possess, transfer of their
NOMENCLATURE OF AGREEMENTS
7
savings, recruitment of labour, repatriation of emigrants or
alien workers, etc.
*
*
Ik
In the present volume use has been made of all these treaties
no matter what their form, their scope, or their contents. It has
not been possible, however, at every mention of any one of
them to give the particulars necessary to enable the reader to
grasp their full practical significance. It is in the list to be
found in the Appendix at the end of the book that the information required can be found, including data relating to the
stages reached by the different treaties.
Throughout the volume the usual practice has been followed
of referring to treaties by their date of signature, although
generally at that stage a treaty has not as yet come into effect.
But it sometimes happens that, by a tacit or express understanding between the two Parties, the provisions of a treaty or
some of them come into force as soon as the treaty has been
eoncluded. Therefore, in the case of bilateral and plurilateral
treaties the list gives, after the date of signature, that on which
ratifications have been exchanged, and this can be accepted as
a proof that the process of ratification—occasionally very complicated—^has been completed. That date generally coincides
with the one on whieh the treaty comes into force, or is a little
in advance of it. Agreements which, by reason of an understanding between the Parties to them or by reason of their subjectmatter are not submitted for ratification, have the date on which
they come into force indicated where that date does not coincide
with the date on which they were concluded.
So far as multilateral conventions are concerned, no mention
is made in the text of the participating States; otherwise, the
main text would have been unduly long. Reference is made,
however, in the Appendix already mentioned, to the number
of States that have adhered to those conventions and ratified
them, the dates being indicated in each case; where a convention
has not yet come into force, this is mentioned. The coming into
force of these conventions as a matter of fact is determined by
a special clause in the convention laying down the number of
ratifications required for this purpose : two ratifications, or in
8
THE DIFFERENT FORMS OF AGREEMENT
exceptional cases three, are sufficient in the case of Labour
Conventions, but for most conventions concluded under the
auspices of the League of Nations at least five are necessary,
while even more are sometimes required (for instance, ten for
the Sanitary Convention of 1926).
A treaty therefore is not complete until after its ratification.
Nevertheless, in the course of this work reference has had to be
made to treaties that have not yet passed through all the stages
of ratification. We could not, in fact, omit to mention those
treaties—which ate often very important ones—concluded
several years ago, and which may at any moment be carried
through to the final stage. In such cases. Acts or Decrees authorising ratification are given wherever it has been possible to obtain
the necessary information.
The reader is asked to excuse any deficiencies in the documentation regarding the ratification and coming into force of treaties.
Where no reference has been made to the coming into force of
a treaty, it must not necessarily be inferred that the treaty has
not in fact been ratified as information on this subject is not
always given in collections of treaties and is difficult to obtain,
especially as regards the older treaties which were not registered
with the League of Nations.
§ 2.—National Legislation Authorising the Conclusion
of Treaties dealing with Migration
The constitutional law of every country lays down the powers
which its Government has of entering into agreements with
other States, as well as the limitation of these powers. It can
be taken as a general rule that migration agreements are concluded
in virtue of such powers. Nevertheless, in addition to those
general provisions, national legislation often specially provides
for the regulation of migration questions by international agreement, lays down rules of procedure and entrusts the Government
or some other stated body with the task of concluding snch
agreements.
Quite frequently such Acts specify that such and such a
difficulty peculiar to a country must be regulated by a treaty.
NATIONAL LAWS AUTHORISING THE CONCLUSION OF TREATIES
9
For instance, the legislation of emigration countries specially
enjoins the Government to conclude treaties for the protection
of emigrants during transport, or in the country of destination,
or for the suppression of clandestine emigration or for facilitating
the application of emigration laws as regards any phase of the
problem that lies outside the national frontiers.
In Czechoslovakia the Act of 15 February 1922 authorises the Government
to conclude and carry out reciprocal emigration and immigration treaties
with other States, ensuring the observance of this Act and the regulations
issued thereunder in the territory of foreign States (section 40).
In Hungary the Emigration Act of 1909 authorises the Government to
conclude reciprocal conventions with other States, as a result of which
Hungarian subjects emigrating in contravention of that Act would be
stopped on their way across the territory of the other State and sent back to
Hungary (section 51).
In Italy, the Consolidated Emigration Act of 13 November 1919 stipulates
that “offices for protecting emigrants, for supplying them with information
and for getting them into employment, shall be established, by agreement
with the Governments concerned or otherwise, in countries to which Italians
emigrate” (section 8).
In Spain, according to the consolidated text of the Emigration Acts of
20 December 1924, the General Emigration Department “shall cause schemes
to be drafted for the promotion and conclusion of special treaties with
countries to which Spanish emigration is directed, and of conventions and
agreements for friendship or mutual assistance with countries whose interests
with regard to emigration are similar to those of Spain, with a view to the
protection and assistance of their respective nationals when emigrating,
so that the latter, on the vessels which carry them and in the countries
where they settle, may receive assistance and protection from officials or
protective organisations of the country with which the treaty of friendship
is concluded, in default of the presence of such officials or organisations of
their own country” (section 61).
In the Acts passed by immigration countries as well stipulations
are to be found relating to treaties which the Governments may
conclude in order to facilitate and develop immigration into the
country, to make special regulations for the admission of the
nationals of certain States or to solve other difficulties.
Thus in Brazil section 1 of Decree No. 9081 of 3 November 1911 reorganising the Federal Settlement Service (which, among other things, is charged
with the organisation of immigration and colonisation) specifies that the
work of the Service will be promoted by agreements concluded with foreign
Governments, with railway or river navigation enterprises, with companies,
associations or individuals which shall offer ample guarantees in accordance
with the regulations of the said Decree.
The Immigration Act of Honduras (8 February 1906) authorises the
Government to conclude treaties with other Governments concerning immigration and interior colonisation, if it should consider such a measure
desirable (section 11).
In the United States the President of the United States was authorised
10
THE DIFFERENT FORMS OF AGREEMENT
by a Resolution endorsed by Congress on 20 February 1907, after consultation rnth and subject to the approval of the Senate, to “convene at his
own discretion, in the name of the Government of the United States, an
international conference to meet in a place to be fixed by agreement, or to
send to foreign countries special commissioners with a view to regulating
foreign immigration to the United States, to providing for the mental, moral
and physical examination of immigrants, through the medium of American
consuls, or other representatives of the Government of the United States,
either at the ports of embarkation or in some other place ; to secure the
assistance of foreign Governments in their own territory to prevent evasion
of the United States immigration laws, to conclude such international
agreements as may be deemed necessary to prevent the immigration of aliens
to whom entry into the United States is or may be prohibited in accordance
with the United States legislation, and finally to regulate all questions
relating to such immigration.”
OFFICIAL CONFERENCES DEALING WITH MIGRATION
11
CHAPTER II
INTERNATIONAL CONFERENCES AND
ORGANISATIONS
The different kinds of treaties and conventions concerned
with migration having been examined, it is necessary, before an
analysis of their contents is made point by point, to note briefly
the bodies drawing up these treaties, just as in Volumes I and II
an effort is made to enquire what are the competent organs in
each country for the enactment and administration of laws
relating to migration.
There are a number of temporary or permanent international
organisations that study or have studied migration problems,
either with the object of preparing draft conventions which
attempt to solve certain problems of migration and which are
presented to interested States for signature and ratification, or
for the purpose of making suggestions and passing resolutions
calculated to stimulate official action along the right lines. On
the one hand therefore there are official bodies, on the other
voluntary international organisations devoted to the study of
migration problems. In the case of both types of organisations,
a distinction must be drawn between non-permanent conferenees
and permanent organisations.
§ 1.—Official Conferences dealing with Migration
Some of these conferences endeavour to establish an agreement
between two countries, others to promote a friendly exchange
of views and a better understanding between a number of States
with common interests and difficulties. Others again are held
to establish wider, sometimes even world-wide, connections
between countries.
12
INTERNATIONAL CONFERENCES AND ORGANISATIONS
(a) Special Groupings of Certain Nations for the
Examination of Migration Problems
(a) Negotiation of Bilateral Treaties.—Before a treaty is concluded, a
period generally intervenes during which various kinds of authorities act.
On the one hand the official bodies specially engaged in supervising and
organising migration are often instructed by the Acts and regulations
constituting them to draft international treaties or to negotiate administrative understandings judged opportune by the countries’ Governments
(ef. Volumes I and II, Chapter IV, § I). On the other hand, plenipotentiaries are instructed to represent the contracting Governments at the final
decisive conference at which the agreement is signed.
(b) Conferenees of Emigration Countries.—As early as 1884 the Netherlands Government, supported by the Italian Government, brought forward
a suggestion to bring about an understanding between countries interested
in overseas emigration, and proposed an international emigration conference. Belgium, Denmark, Prance, Norway and Sweden accepted the
proposal, but in spite of the efforts of the initiators of the scheme, nothing
definite resulted.
Since the war further attempts have been made to solve a class of difficulties which increases continually. In July 1921, a conference of emigration
countries was held at Rome as a preliminary to the meeting of the International Emigration Commission to take place at the International Labour
Office, and for the purpose of deciding on the proposals to be laid before it.
Countries exporting labour felt that here was an opportunity for co-ordinating their policies towards countries importing labour and for protecting
their interests, and they therefore desired to arrive at a better understanding
as regards emigration problems by means of regular meetings of their
representatives.
Austria, Bulgaria, Czechoslovakia, Greece, Hungary, Poland, Rumania,
the Serb-Croat-Slovene Kingdom and Spain joined this group. In its Final
Act the 1921 Conference ^ advocated the co-operation of foreign countries in
matters concerning the conditions of the labour market, the exchange of
information with regard to openings for employment, the combating of
excessive restrictions on immigration, assistance to emigrants in foreign lands
and the securing to them of equitable treatment in economic, legal and moral
matters.
In order that a preliminary understanding between countries of emigration might be reached with regard to the principles to be recognised by the
International Labour Organisation, a declaration was annexed to the Act
defining the attitude of the signatory States with regard to eight questions
of emigration, to be held over for future consideration. Apart from this,
the Conference decided to keep the signatory States in touch with each other
by accepting an offer made by the Italian Government to create a special
Correspondence Ofiice at Rome which would publish a bulletin of information,
and to form a permanent committee, meeting periodically. The permanent
committee held a few meetings, but the vitality of that organisation gradually
dwindled.
(c) Conferences held by Countries of Immigration.—In 1923 in view of
the proposed International Conference on Emigration and Immigration
(Rome, 1924), an immigration conference was held at the Paris Ministry of
Foreign Affairs on 15 October, at the invitation of the French Government.
Delegates from six countries participated in this conference, i.e. from the
1 Cf. the account given in the Bollettino della Emigrazione, Rome, March 1923.
OFFICIAL CONFERENCES DEALING WITH MIGRATION
13
Argentine Republic, Brazil, Canada, Chile, Cuba, and France. Discussions
on different problems of common interest took place; for instance, the divergence of interests between countries of emigration and immigration was
referred to, also some points common to the immigration policy of the different countries represented, but the conference abstained from making any
formal suggestions
(d) Regional Groupings.—^There are no regional conferences specially
dealing with migration which can be mentioned, but very often conferences
held regularly by neighbouring States to discuss matters of common interest
(conference of Scandinavian countries, conference of Central American
States, conference of the Pan-American Union, etc. ) have dealt with migration
questions.
The Pan-American Union especially discussed these questions on several
occasions. For instance, the sixth Conference, which met at Havana in
February 1928, adopted a draft convention on the subject of the legal
status of aliens, to be submitted to the States for signature. The Conference
also passed a resolution in which it declared that while abstaining from
studying in its entirety the problem of immigration, it established principles
capable of furthering a common policy among the American nations with
regard to that problem : it further declared “that conventions on emigration
and immigration which may be concluded between the nations of the
American continent and nations of other continents may never impose
upon an American State measures tending to withdraw the emigrant from
the legislation and jurisdiction of the country into which he becomes
incorporated; that all resolutions respecting immigration must be inspired
by this double principle : (a) equality of civil rights as between nationals
and foreigners; (b) the quality of freeman which should be recognised in
every immigrant, the rights and dignity of human beings being respected
an(J protected without, however, this respect and this protection justifying
any offence against the sovereignty of the country; that the American
States reserve the right to examine the advantages of the entry of the immigration current from other continents into their territories, adjusting their
procedures to their economic, political and social interests”
(b) World Conferences
(a) Conferences of Countries of Emigration and Immigration.—In 1924
a General Conference of Countries of Emigration and Immigration was
convened in Rome by the Italian Government for common study of the most
important migration problems. The Conference was of a technical, nondiplomatic character and its object was, not to adopt draft conventions, but
to work out principles which could serve as a guide to future understandings
and to lead to administrative agreements between interested countries.
The Conferenee was held from 15 to 31 May 1924. Fifty-seven countries
were represented, as well as the League of Nations and the International
Labour Office. Four committees divided the subjects for study between
them and dealt respectively with the following questions :
(1) Transport of emigrants, hygiene and sanitary services.
(2) Assistance to emigrants before departure, during the journey and on
arrival, and for immigrants in the countries of immigration, special
assistance for women and children; development of co-operation,
welfare measures, etc., among emigrants.
1 Cf. the report in the Boletim do Departemento Estadual do Trabalho^ Sao Paulo, Brazil,
ano XIV, No. 53, 4th quarter, 1924.
® Cf. Report of the Delegates of the United States of America to the Sixth Internaiional
Conference of American States ai Havana, 16 January to 20 February 1928, pp. 269, 270.
14
INTERNATIONAL CONFERENCES AND ORGANISATIONS
(3) The measures to be taken to adapt emigration to the demand for
labour in the countries of immigration, for co-operation between the
emigration and immigration services of different countries.
(4) The general principles which should be adopted in treaties of immigration and emigration.
A general directing committee co-ordinated the work of the different
committees. Each committee presented a very large number of proposals
which were voted in the form of resolutions at plenary meetings *.
The directing committee also discussed and presented a resolution on the
manner in which the Conference should be followed up ; as finally adopted this
resolution drew attention to the practical utility of the initiative taken by
the Italian Government in convening a technical International Emigration
and Immigration Conference, declared it to be desirable to continue the
action taken without limiting the competence of existing international institutions, and therefore invited the Italian Government to transmit a complete
list of the resolutions adopted by the Conference to the Governments represented and also to the international organisations in order that the latter
might take the necessary steps in connection with these questions within the
limits of their competence. Resolutions were added recommending the
holding of a second International Conference on Emigration and Immigration in a country of immigration. The directing committee of the Rome
Conference was to undertake the preparatory work in connection with this
second Conference. To this end the committee was authorised to add to its
numbers in such a way as to include the representatives of all States taking
part in the Conference and making application for membership of the
committee.
The different recommendations and resolutions adopted by the Conference
were embodied in a Final Act deposited in the archives of the Italian Ministry
for Foreign Affairs. The most important of these relate to the status^ of
migrants and to colonisation.
The preparatory committee of the second Conference finally chose Havana
as a meeting place and drafted a programme again divided into four parts.
Among the numerous questions proposed, thirteen were allotted to the first
committee, four to the second, thirteen to the third and eight to the fourth.
In addition, a fifth committee was created to examine the resolutions of thp
Rome Conference and the effect to be given to them; a report by the organising committee, embodying the collected information furnished by the
Governments and international organisations, was to serve as an introduction to the discussions on the latter subject.
As arranged the second International Conference on Emigration and
Immigration held its meetings at Havana from 31 March to 17 April 1928.
Thirty-seven countries sent delegates, five observers. The League of
Nations, the International Labour Office and the International Institute
of Agriculture took part in the Conference in a consultative capacity. After
having voted a large number of recommendations prepared by the five
committees appointed, the Conference adopted a resolution proposing the
convening of a third International Conference on Emigration and Immigration at Madrid on a date to be fixed later and after the approval of the majority of interested Governments had been secured. The presidential directing committee of the Havana Conference under the name of “Organising
Committee” is to undertake the work of preparation for this third Conference
and is to draw up the general report on the effect given by the different
Governments to the resolutions adopted at Havana; further, it is to keep
the archives of the two Conferences, facilitate the execution of the decisions
1 Of. OoMMissABiAT GÉNÉRAL ITALIEN DE L’ÉMIGRATION : Conférence internationale
de VEmigration et de VImmigraiion, Rcmie, 15 au 30 mai 1924. Volume I : “Documents
préparatoires’*; Volume II : “Documents de la Conférence” ; Volume III : “Acte final”.
OFFICIAL CONFERENCES DEALING WITH MIGRATION
15
taken, proceed to publish any documents and works whose circulation it
judges to be useful and do all the preparatory work in connection with the
codification of any material dealing with migration, with regard to which
an understanding between interested countries has been reached; it will
ask the League of Nations, the International Labour Office and the International Institute of Agriculture at Rome to continue the work which they
have been doing on these questions.
This committee will also be able, with the consent of the interested Governments, to appeal to members of the old Rome committee, alter its place of
meeting and commence the organisation of an auxiliary secretariat when it
thinks fit
(b) Official Conferences dealing with Matters related to Emigration and
Immigration.—Apart from conferences specially devoted to the study of
migration problems, there are a large mmiber of general conferences which
have regulated points of international law closely connected with the interests of emigrants and immigrants.
In this connection The Hague Conference on International Private Law
should be specially mentioned; on several occasions and particularly in 1896,
1900,1902,1905 and 1928 they drew up a series of conventions on the subject
of private law to which reference will be made in our analysis of the subjectmatter of treaties and conventions. Some provisions of these convenlions
regulate certain aspects of the emigrant’s position as an individual established in a foreign country. The Conferences on International Private
Law are convened by the Netherlands Government, with whom are
deposited the instruments of ratification and adherence obtained as a
result of these conventions.
Conferenees dealing with the traffic in Women and children, since they
cover a field closely connected with emigration and immigration, must also
be mentioned and are dealt with in Chapter VIII. In the year 1899 a
first conference was held, as a result of which an International Office for the
Prevention of the Trafiic in Women and Children was created. In 1902 on
the initiative of the French Government a diplomatic conference was held
in Paris and a second one in 1910, both of which resulted in conventions. A
further conference was convened in 1912. That conference voted some
recommendations, but because of the war its decisions never became fully
effective. The Peace Treaties of 1919 and 1920 (Article 23 of the Treaty of
Versailles) entrusted the League of Nations with the duty of concluding
conventions relating to the traffic in women and children : we shall deal
later with the organisation created for this purpose.
Mention must also be made of the different Sanitary Conferences, which
have adopted conventions regulating migration movements from the point
of view of public health, and which contain some provisions specially relating
to migrants. Two series of conferences must be mentioned : on the one hand
those in which, after the first discussions in 1852, the countries of the Old
World took part and which resulted in the Venice Conventions of 1892 and
1897, and the Paris Convention of 1912; on the other hand, the countries
of the New World met together to regulate the same questions. They
adopted a Pan-American Sanitary Convention at the Washington Conference of 1905. In addition to these a General International Conference,
which met in Paris from 10 May to 21 June 1926, brought together
delegates from seventy-two countries and drew up a new international
Sanitary Convention, which was signed on 21 June 1926 (cf. analysis of
the provisions of these conventions. Chapter V, § 4).
In close association with the Conference of the Pan-American Union, the
Pan-American Conference on Eugenics and Homiculture must be mentioned.
^ Acta final de la Secunda Conferencia internacional de Emigración e Immigraciont Havana,
31 marz0’17 avril 1928.
16
INTERNATIONAL CONFERENCES AND ORGANISATIONS
which met in Havana from 21 to 23 December 1927, and at which delegates
from the sixteen American nations assembled : one of its principal aims was
“to examine immigration from the point of view of the physical, mental and
moral conditions of the population”. On that occasion, a Pan-American
Office for Eugenics was founded in Havana. This office is to co-operate
with the Pan-American Health Office in drawing up, proposals to be submitted
to the Pan-American Union
Congresses of a semi-official nature have sometimes assembled for the purpose of making a preliminary study of questions on which an international
understanding is sought. For instance, there was the Congress on Public
and Voluntary Assistance, held in Copenhagen in 1910 on the initiative of
the Danish Government, at which the Governments of the Argentine
Republic, Austria-Hungary, Denmark, France, Germany, Great Britain,
Greece, Italy, Japan, Luxemburg, the Netherlands, Norway, Rumania,
Sweden, Switzerland, and the United States, on the suggestion of the French
Government, appointed delegates who met in Paris on 16 November 1912
at a further conference and drew up a draft convention on the basis of
absolute equality of treatment as between nationals and foreigners with
regard to public relief (cf. Chapter VI, § 7). The war broke out before
a further conference could be held for the purpose of exchanging signatures, and up till the present the convention has not yet been definitely
adopted. The Congress for Public and Private Relief, which met in Paris
in July 1928, resumed the examination of these questions.
In the same way the founding of the International Labour Oflfiee at
Basle was due to the initiative of the Association for Labour Legislation, as
were the Labour Conferences at Berne, which adopted the first multilateral
conventions on labour questions.
§ 2.—The Permanent Organisations at Geneva as They
Affect Migration Questions
The Peace Treaties signed at the conclusion of the war created
great international bodies. Part I of the Treaties concluded by
the Allies with Germany at Versailles on 28 June 1919, with
Austria at Saint-Germain on 10 September 1919, with Bulgaria
at Neuilly-sur-Seine on 27 November 1919 and with Hungary
at Trianon on 4 June 1920 contains twenty-six Articles relating
to the League of Nations, while in another part there are thirtynine Articles dealing with the Permanent Labour Organisation.
Those Treaties establish, so to speak, the constitution of those
bodies.
(a) The League of Nations
The League of Nations acts through an Assembly and Council
assisted with regard to all the most important matters within
its competence by permanent organisations, committees, advisory
^ Cf. Transactions of the First Pan-American Conference on Eugenics and HomicuUure
of the American Republics (held in Havana, Cuba), 1928, p. 321.
THE PERMANENT ORGANISATIONS AT GENEVA
f
17
and technical commissions as well as by the corresponding technical services of the General Secretariat. Some of these organisations draw up international regulations relating to subjects
more or less closely connected with migration.
The Committee on Communications and Transit seeks to facilitate travel
and to simplify procedure as regards passports and visas (cf. Chapter IV).
The activities of the economic and financial section are connected or have
been connected, on the one hand, with the treatment of foreigners (economic
committee) and, on the other, with financial assistance to Greece and
Bulgaria for the settling of refugees (financial committee).
In virtue of Article 23 of the Pact, the League of Nations must supervise
the carrying out of international agreements regarding traffic in women;
a special committee has been created for this purpose.
A temporary committee has prepared a draft convention on slavery, which
was adopted in 1926.
Another temporary committee has studied the question of legal aid to
aliens, but the subject was afterwards transferred to the Conferences on
International Private Law at The Hague (December 1927).
The League of Nations Committee of Experts for the Progressive Codification of International Law has also reserved for study certain questions
which are of interest to emigrants : nationality, the right of passage of persons through territorial waters, and the responsibility of the State for
damages caused within their territories to the person and goods of aliens.
These points will be referred to later.
(b) The International Labour Organisation
The Peace Treaties mentioned above charge the Permanent
Labour Organisation among other duties with that of dealing
with the regulation of the labour supply, the prevention of
unemployment, and the protection of the interests of workers
when employed in countries other than their own (Preamble
to Part XIII and Article 387 of the Treaty of Versailles). Moreover, among the principles which the organisation must seek to
have enforced in all countries is included the assurance of equitable
treatment to all workers lawfully residing in the country
(Article 427 of the same Treaty, 8th principle).
In these matters the Permanent Labour Organisation acts through :
(■«j the Governing Body of the International Labour Office, which decides
on a programme, (b) the Office itself, which in particular undertakes technical research work, and (c) the International Labour Conference, which
meets periodically and is attended by representatives of the States Members
of the Organisation and which is empowered to draw up Draft International
Conventions and Recommendations to Governments. In 1928 the International Labour Conference had already held eleven Sessions, in which
twenty-seven Draft Conventions were voted and thirty Recommendations,
several of which involved the interests of migrants.
Among the different items placed by the Peace Treaty on the agenda of
the First Session of the International Labour Conference, there was “the
2
Î8
INTÈKNATIONAL CONFERENCES AND ORGANISATIONS
question of preventing or providing against unemployment” *. As the
enquiry held as a preliminary to the Conferenee had shown that several
Governments strongly supported international Study of the regulation
pf miOTation as one of the ways in which unemployment might be prevented,
two Resolutions proposed by the Organising Committee were adopted by
the Conference, the first unanimously by the sixty-one members present,
the other by 57 votes against 9. In the first Resolution it was decided that
in relation with unemployment problems a special section of the International
Labour Office should be established to be especially charged with the consideration of all questions concerning the migration of workers and the situation of foreign wage earners. The second directed the Governing Body of
the International Labour Office to appoint an International Commission
which, while giving due regard to the sovereign rights of each State should
consider and report what measures could be adopted to regulate the migration of workers out of their own States and to protect the interests of wage
earners residing in States other than their own.
The composition of this Commission was also determined^.
The first Resolution was taken into consideration when the International
Labour Office was organised, for a migration service was created. As
a result of the second, an International Migration Commission met at Geneva
from 2 till 11 August 1921 which adopted twenty-nine resolutions on
migration problems; among these, resolution 24 should be noted; it
requests the Governing Body of the International Labour Office, in view of
the importance and complexity of migration questions, “to consider the creation of a Commission composed of a small number of members and aided if
necessary by experts to assist the Office in its work, and to follow from day
to day with full moral authority the development of this question.”
The Permanent Migration Committee was created by a decision of the
Governing Body of the International Labour Office taken at its TwentyFourth Session (October 1924) and was set up by the Twenty-Fifth Session
(January 1925). Officers of the Governing Body (the president and vicepresident) are appointed members of the Permanent Migration Committee ;
if need be they can appeal to the experts appointed by the Governing Body.
About a hundred experts have been appointed.
The Committee on Unemployment—especially as regards questions of
finding employment abroad—^the Committee on Social Insurance—as
regards the right of foreign workers to benefit by insurance legislation—^the
Committee on Native Labour, as well as the special services dealing with
these questions, are all occupied with questions connected with migration.
Apart from this we must call to mind that the International Labour
Office is temporarily engaged in finding employment for the Russian refugees
as a result of a decision of the Fifth Assembly and of a Resolution of the
Council of the League of Nations dated 10 October 1924 ^.
The Conventions and Recommendations adopted by the International
Labour Conferences are concerned with questions of public law which apply
automatically to alien workers as weli as to nationals. Moreover, the
Governing Body of the Internationai Labour Office on several occasions has
placed questions directly or indirectly involving migration on the agenda
of the International Labour Conference.
The Draft Conventions and Recommendations which have been passed
as a result of the deliberations of these Conferences are analysed in the
chapters and sections which deal with the questions specially regulated by
them.
1 Cf. International Emigration Commission : Report of the Commission. Geneva,
Aug. 1921, p. 67.
ä As from Jan. 1929 the finding of employment for refugees again became the responsibility of the High Commissariat for Refugees, an organisation of the League of Nations.
THE PERMANENT ORGANISATIONS AT GENEVA
19
(c) Other International Organisations
There remain to be mentioned certain international organisations more or less closely linked with the League of Nations
whose activities bring them into touch with questions connected
with migration.
The Permanent Court of Intematümal Justice at The Hague can be called
upon to interpret agreements concerning migration or, again, to give decisions as to the competence of international organisations in this connection.
In 1927 an Advisory Committee on Intellectual Workers was created consisting of representatives of the International Labour OiHce, the International
Committee on Intellectual Co-operation of the League of Nations and of
the principal associations of intellectual workers ; one of its first tasks was
to enquire into the problem of the placement of theatrical artistes, which
includes that of their employment abroad. The Committee will act in
co-operation with the Institute for Intellectual Co-operation founded in
Paris in 1925.
By a Resolution of the Council of the League of Nations dated 27 June 1921,
the Bureau for Information and Enquiries regarding Belief to Foreigners,
whose seat was at Paris, was placed under the authority of the League
of Nations. The object of this Bureau is to prepare for the holding of congresses on public and private relief.
The International Institute of Agriculture created in Rome by an international agreement of 7 June 1905, is sometimes asked to co-operate in international research into certain problems of migration. After the Conference
on Emigration and Immigration at Rome, the Permanent Committee of the
Institute appointed a committee in November 1924 to decide which of the
subjects connected with migration and proposed for study by the Rome
Conference were worthy of special attention on the part of the Institute.
It was agreed that the Institute might eventually assemble such documents
of agricultural legislation as are concerned with co-operation, mutual and
welfare institutions; with territories capable of colonisation in the sense that
they could be brought under cultivation, and with the supervision of agricultural labour contracts. The Advisory Agricultural Committee decided
at its second meeting (Rome, November 1925) that the Rome Institute
would co-operate with the International Labour Office in studying the
migration problems reserved for consideration by that Institute.
Other large international organisations must be mentioned
because they also are sometimes brought into touch with migration
problems.
The International Railway Union, which has its seat at Berne, has been
responsible for the conclusion of several multilateral conventions which to
a certain extent facilitate the transport of migrants and their property (cf.
Chapter V, § 2 and § 6).
The Universal Postal Union, created in 1874, also has its seat at Berne;
under its auspices numerous conventions relating to postal orders and postal
cheques have been passed which enable emigrants to send home their
savings (cf. Chapter V, § 6).
An International Public Health Office was created in Paris as a result of
an international agreement dating from 9 December 1907. It centralises
the international documentation on questions of health and assists in the
preparation of International Sanitary Conventions, to which reference will
have to be made because of the supervision which they impose on emigrants.
á
20
INTERNATIONAL CONFERENCES AND ORGANISATIONS
§ 3.—Voluntary International Associations dealing with
Migration
Side by side with the official organisations whose activities
comprise technical research into migration problems or effective
regulation of these questions on an international scale, there are
voluntary international organisations that work on the same
international lines to solve the same difficulties. Although
their activities do not lead to the conclusion of international
agreements, they nevertheless have an undoubted influence on
the development and preparatory study of those questions.
Many of these associations and organisations receive subsidies
from several Governments and delegates of Governments, and
official international institutions take part in their congresses;
they are also invited to discharge official missions, or at least
are called into consultation by official organisations. It is
because of this close bond of union existing between official and
voluntary activities with regard to migration that these organisations must be mentioned here.
Two kinds of activities must be distinguished : (a) the theoretical activities of numerous political, scientific, philanthropic
and professional congresses which have placed migration problems on their programmes and which by means of the preliminary study made of these problems have been able to suggest
international means for their solution to the Governments
empowered to regulate them; they have in any case often expressed opinions held by groups particularly interested in such
regulations; (b) on the other hand, practical work is also done
by private organisations with a view to the protection of migrants
and the solving of individual difficulties caused by complex
regulations.
First place should be given to the conferenees and congresses held by semiofficial organisations, such as those organised by the Inter-Parliamentary
Union, which, for instance, in Paris, in August 1924, and in Berlin, in 1928,
made a study of migration problems.
The thirteenth session of the International Parliamentary Commercial
Conference, held at Rio de Janeiro in September 1926, passed a whole series
of resolutions on the subject of emigration and immigration statistics, the
emigration of intellectual workers and the treatment of emigrants. The
fourteenth session held at Versailles in June 1928 decided to create a special
VOLUNTARY INTERNATIONAL ASSOCIATIONS
21
committee for the study of migration problems at the permanent bureau of
the Conference at Brussels.
Scientific and social organisations also have frequently been led to examine these same problems at their meetings, as was the case with the International Association for Social Progress which, under its original title of the
International Association for Labour Legislation, founded the first International Labour Office at Basle and at its annual meetings of 1926 and 1927
discussed several questions connected with migration, in particular that of
the legal status of alien workers as regards their position in connection with
social insurance legislation.
The two general congresses of the Institute of Pacific Relations, held at
Honolulu in July 1925 and July 1927, examined the difficulties caused by
restrictions on the migration of Asiatics.
The International Federation of League of Nations Unions has not
organised a single congress which has not studied migration questions.
Particular mention must be made of the meetings in June 1922, July 1924,
July 1925, June-July 1926, May 1927, and July 1928.
As far as the trade unions are concerned, it will be remembered that
suggestions as to the labour clauses to be inserted in the Peace Treaties of
1919 came from several quarters; some of them were recommendations for
the insertion of Articles relating to the migration of workers. This was thé
case with the resolutions passed by the Leeds Interallied Trade Union Conference, by the Central European branches of the International Federation
of Trade Unions at the Berne Conference (1-4 October 1917), by the International Trade Union Conferertee at Berne (5-9 February 1919) and by the
Congress of the Christian Trade Unions (Paris, 6-19 March 1919). Apart
from these, a workers’ congress specially called to consider migration problems met in London in June 1926 under the auspices of the International
Federation of Trade Unions and the Labour and Socialist International.
The resolutions of this congress constitute a complete programme of working-class policy with regard to migration questions, which has been communicated to the International Labour Office.
On the employers’ side a large number of international conferences
touching on the same problems can also be named; for instance the
session in Oetober 1926 of the International Chamber of Commerce, which
has passed resolutions in favour of the conclusion of international conventions with regard to the treatment of aliens, the simplifying of formalities
in connection with international travel, the international exehange of
labour and the equality of alien and national workers.
Since 1923 the International Shipping Conference and the International
Maritime Committee have devoted several sessions to the study of the obligatory insurance of passengers and migrants.
Among technical conferences which have dealt with interesting problems
of migration the International Congress on Thrift may be cited, which was
held in Milan in October 1924 and considered the question of protecting the
savings of migrants.
Many other international meetings could be mentioned but these few
examples of meetings held by many kinds of different organisations will at
least serve as a proof of the widespread interest aroused by problems of
migration.
Among organisations engaged in practical work, numerous societies can
be mentioned which, without regard to nationality, give migrants the help
they need in face of the many difficulties which they encounter and which can
only be solved by means of co-ordinated efforts in several countries.
As an organisation which has specialised in this type of work the International Migration Service should be mentioned first; it has‘established" a
central office at Geneva and branch offices in Czechoslovakia, France,
Germany, Greece, Poland, and the United States. There remain other associations to be named, which are particularly active as regards the protection
22
INTEKNATIONAL CONFERENCES AND ORGANISATIONS
of migrants, though their social work extends to other fields as well : the
League of Bed Cross Societies and the International Committee of the Bed
Cross, the International Catholic, Protestant and Jewish Girls' Friendly
Societies, the Salvation Army, the Young Women's and the Young Men's
Christian Associations, the International Council of Women, the Jewish Colonisation Association, the Society of Saint Vincent de Paul, the United Committee
for Jewish Emigration (Emigdirekt), etc.
Many of these non-official national and international associations have
grouped themselves together to form the Permanent Conference for the Protection of Migrants * which now embraces fifty-five associations and, since
many of these associations have branches in several countries, represents
more than 10,000 societies. The Conference has its seat at Geneva, and holds
its yearly congress there. The Conference, as a zealous representative of the
interests of migrants themselves, whose needs are best known to the societies
that assist them, would seem to be called upon to act in an advisory capacity
as regards the international regulation of migration. In this spirit it was
invited to send representatives to the International Conference at Cuba
(May 1928) where a resolution was passed in favour of its being consulted by
official bodies. The Conference of Private Organisations in 1928 was
asked to advise the International Shipping Conference on the question of
obligatory insurance of passengers and the League of Nations Committee
on the Traffic in Women and Qiildren on the question of the protection of
emigrant women (music-hall, concert-hall and cabaret artistes, etc.).
1 This Conference is also called the “Conference of Private Organisations for the Protection of Migrants”. Cf. Annuaire international des organisations privées pour la Protection
des Migrants, 1928, Geneva, 10, rae de la Bourse.
INTERNATIONAL DEFINITION OF A MIGRANT
23
CHAPTER III
GENERAL PROVISIONS
§ 1.—The International Definition of a Migrant
The different national definitions of the term “emigrant” are
analysed in Volume I of this work and the national definitions
of the term “immigrant” in Volume II. In view of the
multiplicity of factors that enter into these definitions, the
difficulty of producing unity from such diversity will be readily
understood; yet the need for unity has often been recognised
and proclaimed. First of all with a scientific object in view :
i.e. the compilation of migration statistics. The value of such
statistics will be increased in proportion as unity can be achieved,
for the divergence between existing definitions causes each
country to include different individuals within its categories of
emigrants and immigrants; some of them include all travellers
that have crossed the frontier or exclude alien workers, others
count in certain special classes of travellers which neither correspond in different countries nor even as regards different authorities
within one country. The application in practice of international
conventions also demands greater uniformity, for the efficacy
of a convention will necessarily be impaired if its scope remains
ill-defined. Finally, humanitarian sentiment may inspire the
same desire : to save the individuals concerned the painful
uncertainty of an equivocal status varying according to the
particular legislation becoming applicable to them.
But the difficulties in the way of attempts to achieve such a
unity are great, and any rapid success is unlikely. Different
conceptions, all equally important, confront each other, and it
will be difficult to reconcile them; the worker who repairs to a
foreign country, generally on the same continent, for the purpose
of supplying a temporary need for labour is quite a different
24
'
/
GENERAL PROVISIONS
kind of migrant from an individual who emigrates in order to
settle permanently in the country of his choice, probably overseas.
To be uniform an international definition of a migrant would
have to be'sufficiently broad and elastic to be applicable to emigration for the purpose of seeking work as well as to emigration
for the purpose of residence, to continental emigration as well
as to emigration overseas, to temporary or even seasonal emigration as well as to permanent emigration, and this from the
point of view of the country of origin, the country of destination
and the countries of transit.
These difficulties appeared as soon as the first international conferences
came to discuss the desirability of greater uniformity; also when the International Labour Conference at its Fourth Session adopted a Recommendation on the subject of supplying the International Labour Office with regular
information relating to migration, a carefully worded desire was expressed
to the effect that the States Members of the International Labour Organisation should agree together to arrive, as far as possible, at an identical
definition of the term “emigrant”.
In addition the committee charged with drawing up the Recommendation
recognised that as an elementary definition capable of serving as a basis
for statistics, except in the case of seasonal migration, a year’s residence in
a country might generally be accepted as a criterion to determine the status
of an emigrant.
The question was taken up again by the International Conference on Emigration and Immigration held in Rome from 15 to 31 May 1924. The efforts
made there to introduce unity into the different conceptions again encountered considerable obstacles. The Committee appointed to study this
difficult question laboured for fifteen days to produce a draft definition of
a migrant for which in spite of reciprocal concessions only forty countries
out of the fifty-ninè represented voted. The discussions raised by this
proposal brought to light the opposing national points of view which rendered
agreement difficult. The ideas “duration” and “permanent settlement”
occupied a prominent place in this discussion, it being in the interest of
emigration countries that such of their nationals as only quitted their
native land temporarily should remain under their protection during this
period while at the same time receiving the favoured treatment reserved to
immigrants; on the other hand the immigration countries, excepting these
who require only temporarily labour from abroad, wish to extend the whole
benefits of immigration laws only to foreigners who will remain on their
soil and who ■^l be able to become assimilated definitely to their
population. In order to reconcile the interests of all as much as possible
the definition worked out by the Rome Conference, which is really three
definitions rolled into one, first defines an emigrant in the most general
terms and then as regards immigration makes a distinction between an immigrant—an individual permanently residing in a foreign country for the purpose of finding work there—and an alien worker who arrives in a country in
order to work there temporarily
1 The exact text of this draft definition is as follows :
“Any person is considered an emigrant who leaves his country for the purpose of seeking
work or who accompanies or goes to join his wife, or her husband, his or her relatives in
the ascendant or descendant degree, his or her brothers or sisters, his or her uncles or aunts,
nephews or nieces, or wife or husband of the latter, who have already emigrated with
INTERNATIONAL INFORMATION
25
This complex definition, which did not satisfy all the States, will therefore
have to be again recast in order to receive general consent.
This was not done by the Eighth Session of the International Labour
Conference where the question cropped up again in connection with the
Draft Convention concerning the simplification of the inspection of emigrants
on board ship. During the discussions on the proposal, several delegates
expressed their view that in order to facilitate the carrying out of the Convention an international definition of an emigrant would be useful, but in
view of the opposition aroused on several sides by this opinion the Conference renounced the idea of attempting such a definition, and it was agreed
that in every case the Convention would be applied to emigrants as defined
by each country.
The countries belonging to the Pan-American Union which met at the
sixth International Pan-American Conference (February 1928) unanimously
adopted a resolution proposing to submit to the second International
Conference on Emigration and Immigration, meeting the following month
at Havana, a draft definition drawn up by the Mexican delegation which
ran as follows : “For the purpose of the protection of the respective laws,
only those who without personal funds leave their country to work in
another at industrial, commercial, agricultural or intellectual labours in
the employ of an individual or an enterprise shall be considered as emigrants, and as immigrants those who under equal conditions and for the
same purpose arrive at a country not their own”
As this proposal was presented too late, the International Conference
on Emigration and Immigration at Havana (1928), in agreement with the
Mexican delegation, directed its presidential committee to place the question on the programme of study of a third Conference on Emigration to be
convened later as agreed upon by the Governments concerned.
The Danzig delegation brought forward a draft definition of a transmigrant, but this was withdrawn without being discussed.
§ 2.—International Information
The International Labour Office has been entrusted with the
task of centralising all information relating to migration, and
the present study is an example of its activities in this respect.
This work of centralisation on the one hand embraces legislative,
statistical and any other information regarding migration
movements of any kind, and on the other hand it comprises
the same object, or who returns to the country to which he had previously emigrated in
the same conditions.
“The Conference understands by the term ‘emigrant’, the individual defined above
from the moment he makes preparations with a view to departure until the moment he
enters the country of destination. He is then subject to the laws, regulations and conventions of that country and responds to the following definition: (a) any foreigner who
enters a State with the object of seeking work, and with the intention, expressed or implied,
of settling there permanently, is considered an immigrant; (h) any foreigner who arrives
in a country with the sole object of working there temporarily is considered an ordinary
worker”.
1 Diario de la VI Conferencia internacional Americana^ No. 33, p. 466. The English
translation is taken from the Report of the Delegates of the United States of America to
the Sixth International Conference oi American States, Havana, 16 Jan.-20 Feb. 1928,
Appendix 39, p. 270.
26
GENERAL PROVISIONS
information regarding the state of national labour markets
and their fluctuations.
In preparation for the session of the International Emigration Commission in 1921 the International Labour Office forwarded a detailed questionnaire to Governments on the subject of the state of their emigration and
immigration legislation and their methods of preparing statistical information. The labour of condensing the information and texts received in
answer to this questionnaire has been embodied in several studies dealing
with emigration and immigration legislation and treaties and with methods
of compiling emigration and immigration statistics
The meeting of the Emigration Commission of 1921 was also the occasion
of a first exchange of views between the Governments represented as to the
part which the International Labour Office should play in this connection.
As has been explained above, the Commission passed a resolution requesting
the Governing Body of the International Labour Office to take steps to enable
its technical migration service, assisted if necessary by some experts, to
examine the problem of the international co-ordination of migration laws.
On the other hand, a resolution was passed asking that all legislative,
statistical or other information concerning migration should be regularly
forwarded to the International Labour Office.
In compliance with the resolution of the Emigration Commission, the
Fourth Session of the International Labour Conference in 1922 again took
up the examination of this question. Its decision on this subject took the
form of a Recommendation directing all Members of the International
Labour Organisation to furnish the International Labour Office with all
information available concerning emigration, immigration, repatriation and
transit of emigrants on the outward and return journeys and concerning
the measures taken or contemplated in connection with these questions.
As far as possible this information is to be given every three months and at the
latest within three months following the end of the period to which it refers.
Moreover, every State Member of the Organisation is asked to make every
effort to communicate to the International Labour Office within six months
following the year to which they refer, as far as information is available,
the total figures of emigrants and immigrants, separating its nationals from
aliens and giving in particular the following details for its nationals and as far
as possible also for aliens : (1) the sex of the emigrant or immigrant; (2) his
age; (3) his occupation; (4) his nationality; (5) the country of last residence;
(6) the country of proposed future residence. Finally, the Conference recommended that each Member of the International Labour Organisation should
take steps to conclude agreements as far as possible with other Members
regarding the determination of identical information to be entered on the
identity papers delivered to emigrants and immigrants by the competent
authorities of Members entering into the agreement and the employment
of a uniform method for recording statistical information regarding emigration and immigration
1 Reports presented to the International Emigration Commission, 1921 : International
Emigration Commission : Report of the Commission, 1921. International Labour
Office : Emigration and Immigration—Legislation and Treaties, 1922; Methods of Compiling
Emigration and Immigration Statistics, 1922.
2 The International Labour Conference on 28 Oct. 1922 also adopted the following
Resolution :
“The Conference instructs the International Labour Office to make every effort to
facilitate the international co-ordination of migration statistics. It particularly draws
the attention of the International Labour Office to the Importance of adopting the
following age classification : (i) under 15 years, (ii) from 15 to 25 years, (iii) from 25
to 55 years, (iv) above 55 years.**
INTERNATIONAL INFORMATION
27
The recommendation has been acted upon by a large number of Governments, which regularly send in the information asked for. Particularly
where statistics are concerned, the efforts made to introduce common
methods for recording statistical information, and render international
co-ordination of the information so given possible, have already produced
very gratifying results. Methods are tending to become more uniform and
certain common principles are generally admitted. The returns furnished
by Governments enable monthly tables to be drawn up, and yearly comparisons of figures to be made, as well as periodical surveys showing fluctuations in world migration movements.
As far as the co-ordination of legislation is concerned, the work can only
proceed slowly step by step. Nevertheless, the information furnished relating to migration legislation enables the International Labour Office to
undertake such studies as the present in which those factors in regard to
which co-ordination is possible are so arranged as to be easily surveyed, to
publish the latest information regularly in the Monthly Record of Migration ^
and to publish legislative texts themselves in its Legislative Series. In
a few cases the International Labour Office has already sueceeded in
having conventions adopted which tend to co-ordinate the activities of
different countries relating to compensation for industrial accidents
incurred by alien workers and to the inspection of emigrants on board ship
(cf. Chapter VII, § 5, (d), and Chapter V, § 2).
On their side the International Conferences on Emigration and Immigration which met in Rome in 1924 and in Havana in 1928 also emphasised the
utility both of publishing systematic collections of emigration and immigration laws and regulations and of striving to effect unification on all points
on which agreement is possible. The Havana Conference in particular
requested that all interested countries should proceed to study their respective laws, “in order to assist the codification of legislation on which international agreement has been reached”, and it further directed the preparatory committee which may be appointed later to prepare for a third Conference to undertake preliminary work in connection with the codification of
legislation on which agreement has been reached between the nations concerned. Finally, it recommended that committee to request the League of
Nations, the International Labour Office and the International Institute of
Agriculture to continue the work directly or indirectly connected with
migration which they had undertaken. Further, the same Conference, in a
resolution relating to the regulation of oversea transport of emigrants,
recommended a study of the regulations issued by the different States on
the subject of oversea transport so that in future their provisions might be
co-ordinated as far as possible.
It is also the duty of the International Labour Office to collect
information relating to fluctuations in the labour market in
connection with its activities with regard to the prevention of
unemployment.
The First Session of the International Labour Conference (Washington,
1919) adopted a Draft Convention in virtue of which those Members who
1 As from Jan. 1929 the Mortthly Record of Migration ceased to appear as a separate
publication. The information relating to international agreements, legislation, and
the activities of private oi^anisations appears in Industrial and Labour Informatiout and
all information relating to migration statistics (monthly tables and analyses of reports
and other documents) appears in the International Labour Review.
28
GENERAL PROVISIONS
ratified it undertook to communicate to the International Labour Office,
at intervals as short as possible and in no case exceeding three months, all
statistical or other information with regard to unemployment. Further,
Article 2, after providing in each country for a system co-ordinating the
work of employment exchanges, added that the different national systems
should be co-ordinated by the International Labour Office in agreement
with the countries concerned.
THE RIGHT TO EMIGRATE AND TO IMMIGRATE
29
CHAPTER IV
FREEDOM OF MIGRATION AND ITS LIMITS
As in national emigration and immigration laws, so in treaties,
freedom of emigration and immigration is sometimes recognised
or restricted, as the case may be, in ways agreed upon by the
contracting Parties. Some treaties, moreover, deal also with
passports and other means of supervision adopted by Governments at the frontier to enable them to regulate the international
movement of persons : international agreements relating to
these matters generally aim at simplifying existing regulations
or even at abolishing formahties of this kind in the intercourse
between contracting States; in this way some of the obstacles
in the way of free migration are removed.
§ 1.—The Right to Emigrate and to Immigrate
The right to emigrate and immigrate has frequently been
defined in treaties with greater or less precision. The stipulations endeavouring to do so may either tend to establish free
exercise of this right or on the other hand they may restrict it.
With regard to the recognition of the right of emigration and
immigration, the stipulations as to the right of admission which
are to be found in a great many general treaties should be
mentioned first (treaties of amity, commercial and navigation
treaties). Several kinds of formula are used.
One of those most frequently and widely used is also one of the vaguest ;
it confers on the nationals of the other Party the right to settle and the right
to stay temporarily, which would lead one to presuppose the right of entry.
But this latter right is often restricted by means of reservations; in approving the commercial treaty concluded with Germany on 8 December 1923,
a treaty containing in Article 1 the clauses conferring the right to enter,
travel and reside, the Senate of the United States makes the following reservations : “Nothing contained in Article 1 shall be construed to affect existing
30
FREEDOM OF MIGRATION AND ITS LIMITS
statutes of either country in relation to the immigration of aliens or the right
of either country to enact such statutes”. In the treaty of amity, commerce
and navigation concluded by Colombia and Italy on 27 October 1892 and the
treaty of residence (établissement) and of commerce concluded between
Colombia and Switzerland on 14 March 1908, the right is reserved of refusing
the entry of nationals of the other party who are considered dangerous or
bad characters. The Residence Conventions concluded between Poland
and Turkey on 23 July 1923 and between the Allied Powers and Turkey on
24 July 1923 specify that the provisions relating to the right of residence
do not restrict the right of the Parties to authorise or forbid at will immigration into their respective countries ; the Residence Convention of 7 August 1927 between Switzerland and Turkey contains similar provisions, and
within recent years numerous treaties have been concluded containing
similar reservations under different forms {Austria-France, Commercial
Treaty of 16 May 1928, addendum to Articles 20-21 and 32-33; AustriaGreat Britain, Commercial Treaty of 22 May 1924; United States-Latvia,
treaty of amity, commerce and navigation of 20 September 1926, Article 1,
etc.).
Other treaties recognise the “right to travel” on the part of nationals of
the contracting Parties. This formula, a very common one, does not make
it clear whether this right extends to immigrants as such ; it would appear to
be expressly applicable only to the travel of persons bound on commercial
business, as is proved by the reservations sometimes made to limit its scope
(see for instance the commercial treaty between Austria and Great Britain
Of 22 May 1924). This formula is to be found in the treaties of amity,
commerce and navigation concluded between Germany and Colombia
on 25 July 1892, Germany and Guatemala on 20 September 1887, Germany
and Honduras on 12 December 1888, Denmark and Italy on 18 October 1886,
France and the Dominiean Republic on 9 September 1882, etc.
It will be seen (Chapter VIII, § 6) that it has been possible to interpret
a similar provision inserted in the treaty of amity, commerce and navigation concluded between Great Britain and the United States on 19 November 1794—according free right of passage across the frontier to citizens
of the United States, to British subjects and to native Indians—as giving
a right to persons remaining domiciled in Canada to proceed to the United
States in order to work there without coming under the Immigration Acts.
Another fairly characferistic formula is that which figures prominently
in the provisional commercial agreement concluded between Germany
and the Economic Union of Belgium and Luxemburg on 4 April 1925, according
most-favoured-nation treatment as regards entry into the country concerned.
Other formulas are more exact and can be interpreted as giving recognition to the right to immigrate, such as that giving nationals of the contracting
Party “liberty freely to come to all places in the dominions and possessions
of the other” (a formula in the commercial treaty between Bolivia and Great
Britain of 1 August 1911) or another formula to be found in a number of
treaties recognising “the right to pass freely on to the territory of the other
Party and to reside there” (e.g. the commercial treaty concluded between
Finland and Hungary on 29 May 1925) ; or again the one giving “the right
of entry and of leaving without let or hindrance, in conformity with the
regulations governing the right of entry” (treaty of commerce and navigation concluded between Colombia and Ecuador on 10 August 1905).
Further, Latvia and Lithuania, in the treaty of 14 May 1921, relating to
the respective rights of citizens, very definitely agreed “not to exclude
citizens of the other contracting States from entering, residing or settling
permanently within their frontiers” (Article 11).
Stipulations of this kind have been inserted in several treaties of commerce
and navigation concluded by Japan, according to the nationals of each
Party the right “freely and in full security to come to all places, ports and
rivers in the territories and possessions of the other Party where the subjects
or citizens of the most favoured nation are authorised to come, as well as the
THE EIGHT TO EMIGRATE AND TO IMMIGRATE
31
right of remaining or residing in all places or ports where the subjects of
the most favoured nation are authorised to remain or reside” (Argentine
Republic-Japan, 3 February 1898; Brazil-Japan, 5 November 1895; ChileJapan, 25 September 1896); or again “shall have full liberty to enter with
their family and reside anywhere within the territories of the other Party
and shall in all that relates to travel and residence be placed in all respects
on the same footing as native subjects, provided that they conform themselves to the laws of the country” {Germany-Japan, 24 June 1911 ; AttstriaHungary-Japan, 28 October 1912; Economic Union of Belgium and Euxemburg-Japan, 27 June 1924; Denmark-Japan, 12 February 1912; EcuadorJapan, exchange of notes of 9 August-19 September 1918 relating to
immigration and the enjoyment of civic rights in Ecuador which complete
the Treaty of Amity of 26 August 1918; Finland-Japan, 7 June 1924;
France-Japan, 19 August 1911; Great Britain-J apan, 3 April 1911; ItalyJapan, 25 November 1912; Mexico-Japan, 8 October 1924; Norway-Japan,
16 June 1911; The Nether lands-Japan, 6 July 1912; Peru-Japan, 20 March
1895; Poland-Japan, 7 December 1922; Japan-Serb-Croat-Slovene Kingdom,
16 November 1923; Sweden-Japan, 19 May 1911; Switzerland-Japan,
21 June 1911; Czechoslovakia-Japan, 30 October 1925).
Some of these treaties contain a reservation concerning the application
to all foreigners of general police and safety regulations or regulations on
the employment of foreigners (Japan-Poland, Japan-Czechoslovakia).
Sometimes even, Japan has ineluded in the treaties to ivhich
it is party a statement safeguarding its citizens against any
special exclusion on grounds of their Asiatic origin.
Thus the Convention respecting conditions of residence concluded by
certain of the Allied Powers, including Japan, with Turkey at the same time
as the Treaty of Peace (24 July 1923) contains in an Appendix a note stating
that the reservation in Article 2 of the Convention concerning the application of immigration regulations may not be interpreted as giving the right
in any kind of way to discriminate on grounds of race against Japanese
subjects in favour of nationals of other States.
Subsequent to the signature of the Commercial Treaty between Japan and
Paraguay of 17 November 1919, diplomatic notes dated 29 and 30 November 1920 explained that the term “yellow race”, contained in the prohibitory
clause of section 14 of the Immigration Act in force in Paraguay, does not
apply, according to the interpretation given by the Government of Paraguay,
to any subject of the Japanese Empire; nevertheless, to avoid any misunderstanding in future the Government of Paraguay will as soon as possible
take the necessary steps to revise the Act in question and make it conform
to the interpretation mentioned above i. The Government of Paraguay
also gave its assurance that there was no law or regulation explicitly or
implicitly discriminating against Japanese subjects in favour of the nationals
of any other country as regards entry, residence and the enjoyment of civil
rights.
As the right to emigrate and immigrate is a preliminary
condition of any agreement relating to labour or the recruitment
of labour, it is often specifically mentioned in such agreements
^ In effect. Act No. 691 of 31 Oct. 1924 amended section 14 of the Paraguayan Immigration Act by deleting the clause relating to the prohibition of the immigration of persons
belonging to certain races (cf. Vol. II, p. 60).
32
FREEDOM OF MIGRATION AND ITS LIMITS
that the country supplying labour shall impose no obstacles on
the departure of its nationals and that the employing country
on its part shall grant every facility for the entry of workers
engaged in conformity with such treaties, or who arrive spontaneously or individually. Generally, the same facilities are
granted to workers’ families. These provisions will be found in
the analysis of agrèements concerning labour and the recruitment
of labour in Chapter VII ( § 1). It must be noted, however, that,
side by side with the recognition of the right to emigrate and
immigrate, a provision is sometimes inserted in the same agreements to the effect that this right can be temporarily suspended
by reason of the economic condition of the employing country.
A considerable number of treaties tend to recognise the right
of expatriation, that is to say, they ensure to naturalised citizens
of one of the States, who are also considered to be nationals of
the contracting Party to which they were originally subject, the
right of re-entering the territory cf that country without running
the risk of having to undergo penalties in consequence of not
having fulfilled certain of their obligations as citizens, that of
military service especially; but the difficulties due to the existence
of double nationality, which those treaties regulate, are dealt
with in the analysis of this class of provision in Chapter VI, § 5,
(“Nationality of Immigrants”).
It may be said in fact that, by a kind of tacit understanding,
a more liberal procedure than that usually adopted is often laid
down where there exists reciprocal immigration of nationals of
countries in the same region, having common political and
economic interests, or affinities of race, language or custom
(Latin-American or Central American States, Scandinavian
States, etc.). As a rule these concessions consist in a simplification of Governmental regulations, but sometimes they are
also based on provisions of Immigration Acts.
A motion of the sixth Pan-American Conference (Cuba, March 1928) is
the outcome of an effort to confirm by means of a common declaration, outlining a mutual agreement, the favourable treatment accorded to citizens of
the American nations in the matter of entry into the other American States,
especially the United States, and to establish greater uniformity. Among
common principles of their migration policy the Conference enunciated the
recognition of the right of American States to examine (in order to restrict
the volume if judged opportune) the advantages of the entry into their
territories of immigration currents coming from “other continents”. This,
it would seem, amounts to an indirect recognition of the freedom of
LIMITATION OF THE RIGHT TO IMMIGRATE
33
inter-American migration. However, a resolution which dealt with the
question of freedom of movement among the American States was adjourned
for later consideration.
On the other hand, the agreements which are being prepared
by the Economic Committee of the League of Nations with
regard to equality of treatment as between nationals and aliens
have reference only to aliens lawfully admitted; the question
of admittance has been left aside for later consideration.
§ 2.—Limitation of the Right to Immigrate
Elsewhere a certain number of treaties have sought to deny
or to restrict the right to emigrate and immigrate. This is
particularly the case with regard to the many treaties concluded
to restrict the immigration of certain Asiatic peoples by means c f an
understanding with the Government concerned with a view to
diminishing the misunderstandings and difficulties that have been
caused by one-sided policies to which the peoples concerned have
had to submit without approving them. For instance several
treaties deal with the admission of Chinese.
China-United States. From the outset the Chinese immigrants who
appeared in the United States towards 1849 were received with disfavour
in California, they were refused the right of citizenship and a prolonged
conflict ensued between the State legislature-—which aimed at strict regulation of the admission of Chinese—^and the federal authorities, represented
in particular by the President and the Supreme Court, whidi on several
occasions had to declare unconstitutional the anti-Chinese legislation of
California.
The first diplomatic solution of the problem of Chinese immigration into
the United States was attempted on 28 July 1868, in the form of Additional
Articles to the Commercial Treaty of 1858, often referred to as the “Burlingame Treaty”. This Treaty did not prohibit Chinese immigration. On the
contrary, it proclaimed the inherent and inalienable right of man to change
his home, and consequently recognised the right of nationals of either contracting Party to emigrate from or immigrate into the territory of the other
Party for the purpose of visiting the country or of trade or as permanent
residents. At the same time any other than an entirely voluntary emigration was prohibited and the Governments undertook to punish any person
seeking forcibly to oblige a national of the other Party to emigrate.
As provided in these treaties, Chinese subjects, like citizens of the United
States in China, were to enjoy the same privileges, immunities and exemptions with respect to travel and residence as might be enjoyed by the citizens or subjects of the most favoured nation. But the right of naturalisation
was denied them.
Public opinion on the Pacific coast of the United States was not satisfied
by this treaty. The agitation continued and rigorous State Acts were again
-drafted and passed. To put an end to this agitation, the Governments of
the United States and China agreed on the text of a further treaty signed
3
34
FREEDOM OF MIGRATION AND ITS LIMITS
on 17 November 1880 which, while respecting the privileges and immunities
conceded by the previous treaty, nevertheless limited emigration much more
strictly. This treaty, which, according to its text, is to be perpetually
observed, is no longer based on the principle of reciprocity. It provides that,
whenever in the opinion of the Government of the United States the coming
of Chinese labourers to the United States or their residence therein affects
or threatens to affect the interests of that country, or to endanger the good
order of the said country or of any locality within the territory thereof, the
Government of China agrees that the Government of the United States may
regulate, limit or suspend such coming or residence, but may not absolutely
prohibit it. The limitation or suspension of the right of immigration must
be reasonable, and a preliminary communication on the subject must be
addressed to the Chinese Government so that an understanding with regard
to it may be reached. Further free right of entry is conceded to teachers,
students, merchants and tourists with their families and servants, as well
as to Chinese labourers previously admitted to the United States. Full
protection is assured to all Chinese admitted, they are allowed to go and come
of their own free will and accord and are accorded all the rights,- privileges,,
immunities and exemptions accorded to the citizens and subjects of the
most favoured nation.
As the enforcing of the restrictive provisions of this treaty again gave rise
to some internal agitation in the United States, further negotiations were
opened to settle these differences, as a result of which a treaty was signed
in 1888 suspending the immigration of Chinese labourers for twenty years.
But China did not ratify it. The negotiations were reopened in 1894 and
resulted in a treaty concluded on 17 March 1894, suspending the immigration of Chinese labourers for a period of ten years. This treaty was.
denounced by China on the expiry of the first term of its validity in 1904.
No treaty has been concluded since between the United States and
China, and Chinese in the United States are subject to American legislation
anal5^ed in Volume II of this work and prohibiting Chinese immigration,
(see Chapter III, § 1, CdJ); nevertheless, the principles of the perpetual
treaty of 1880 remain in force, even though subsequent legislative provisions render some clauses inoperative.
China-Mexico. The admission of Chinese into Mexico has also been regulated by means of agreements. A modus vivendi dated 26 September 1921
provisionally regulated this question until the Treaty of Commerce and
Na-vigation of 14 December 1899 should be definitely amended. According:
to this treaty (Article 1), reciprocal rights of entry into the territory of the
other contracting Party and of residence there had been recognised. According to the new agreement, in the form of a reciprocal undertaking, the two
contracting Parties agree to prohibit their nationals from entering the
national territory of the other Party so long as the Mexican Government
prohibits the immigration of foreign labourers
At any time emigration
of Chinese labourers to Mexico can only take place with the approbation of
the Governments of China and Mexico and is subject to the conditions to be
decided upon by the two Governments. For the purpose of interpreting
these provisions, immigrant labourers are defined by the agreement as
“those individuals who come to Mexico with the sole purpose of being
employed in manual labour and are without any capital, and who depend
upon manual labour for a living”. From the scope of these restrictive
provisions, persons engaged in commercial business and provided with
capital amounting to 500 Mexican pesos are excluded, likewise those entering
the national territory of the other contracting Party for the purpose of
engaging in any kind of work which may be called intellectual work, and
1 See Vol. II, p. 36, Mexico, the regulations relating to immigration prohibitionsenacted with regard to workers oí different nationalities.
LIMITATION OF THE RIGHT TO IMMIGRATE
35
travellers and students or apprentices who are provided with reliable financial support. Nor, as far as entry into Mexico is concerned, do the restrictive provisions of the treaty apply to the wives and minor children of Chinese
nationals authorised to reside there, or to agricultural colonists. The treaty
provides that regulations governing the immigration of the latter shall be
defined later by mutual agreement between the Parties.
China-Peru. China and Peru have also regulated the same class of difficulty by means of treaties. A first treaty of amity, commerce and navigation, dated 26 June 1874 and the validity of which was prolonged by a
Protocol dated 17 August 1909, without the term of its duration being
limited, established (Article 6) the right of the citizens of the two States to
emigrate to the territory of the other contracting Party on the same terms
as those contained in the Sino-American treaty of 28 July 1868 (see above,
p. 33). As a Peruvian Decree had already restricted Chinese immigration
in 1909, the Chinese Government protested against these one-sided measures
which were in contradiction to the elauses of the treaty. Negotiations
followed and by a Protocol dated 28 August 1909 ‘ the Chinese Government
undertook voluntarily to restrict the emigration of its subjects to Peru, not
permitting any of its subjects to proceed to Peru without the authorisation
of the Chinese Govermnent, or of Chinese representatives abroad, and
refusing to issue passports to unemployed Chinese subjects desirous of
proceeding to Peru for the purpose of undertaking manual labour.
Without figuring in such formal treaties, the emigration of
Japanese hás nevertheless been restricted by means of understandings reached with certain countries, most frequently through
the exchange of unpublished diplomatic correspondence constituting an understanding generally called a “Gentlemen’s
Agreement”.
In Australia several arrangements were made with regard to the Japanese
which regulated difficulties raised by Australian legislation. At the period
when the latter State adhered to the Anglo-Japanese commercial treaty of
1894, a first agreement was concluded between Japan and Queensland
with the object of restricting, as far as Japanese were concerned, the right
of entry recognised by the treaty. In an agreement with the Conunonwealth,
dated 1905, Japan promised to grant passports for Australia to students,
merchants and tourists only ; the Commonwealth on its part authorised persons provided with such Japanese passports, endorsed by the British consul
at the port of embarkation, to enter Australia for a period of twelve months
without being subjected to the dictation tests prescribed by Australia for
the purpose of restricting the admission of Asiatic immigrants (cf.
Volume II, p. 62). In 1919 at the request of Japan it was agreed that the
period of residence might be extended beyond twelve months *.
The emigration of Japanese to Canada was the subject of an exchange of
Notes and an arrangement between the British and Japanese Governments
on 23 December 1907 came into force between Canada and Japan in 1908,
generally known as the “Gentlemen’s Agreement” or “Lemieux Agreement”. By this agreement Japan undertook voluntarily to confine the
emigration of its nationals to Canada within very restricted limits. In 1923
a fresh agreement was arrived at, restricting the number of passports to
1 Called the “Porras-Wiu Ting Fang Agreement.”
“ Institute of Pacific Relations : Australian Immigration Laws and their Working,
p. 4; Honolulu, Hawaii, 1927. Also E. L. Piesse : “Japan and Australia”, in ForeignAjfairs, New York, Vol. IV, p. 475.
36
FREEDOM OF MIGRATION AND ITS LIMITS
be delivered annually to agricultural workers and domestic servants to
150; no maximum was fixed at that time for other categories of migrants.
According to a declaration made by the Canadian Prime Minister in the
House of Commons, Japan consented in 1928 to restrict the total number of
Immigrants going to Canada per year as agricultural labourers, domestic
servants or the wives and children of Japanese immigrants resident in
Canada, to 150 persons. Moreover, it was agreed that as respects these
persons leaving Japan to go to Canada, the Canadian Minister in Japan
should visa their passports. It was also agreed that, despite the provision
of the commercial treaty in existence which gives certain rights to Japanese
travelling to and fro, the officers of the Canadian Department of Immigration should apply to Japan the immigration laws of Canada in the same
manner as they are applied to all other countries
The emigration of Japanese to the United States was regulated in 1907 and
1908 by means of a series of declarations and diplomatic correspondence
constituting a “Gentlemen’s Agreement”, in which the Japanese Government promised spontaneously to restrict the emigration of its subjects and
only to issue passports for the United States in cases determined by the
agreement.
Inadditiontothis,theTreaty of Commerce concluded on 21 February 1911
between the United States and Japan recognised the liberty of subjects or
citizens of either Party to enter, travel and reside in the territories of the
other contracting Party to carry on trade (Article 1); when this treaty was
signed a note from the Japanese Ambassador was annexed, in which he ^
declared that the Japanese Government was fully prepared to maintain the
limitation and control which they had for the past three years exercised in
regulation of the emigration of their labourers to the United States
It is
oh the basis of these contractual obligations that the Japanese Government
has protested against the provisions of the United States Act of 1924 which,
in spite of the promises given, prohibits the immigration of Japanese (cf.
Volume II, p. 60).
Within the British Empire the exclusion or inequitable treatment of Indians in various regions of the Empire has several
times been discussed and efforts have been made to arrive at a
common solution of the problem.
A resolution of the Imperial Conference of 1918 (resolution 21) reaffirms
the right of each community of the Empire to control the composition of
its own population by means of restriction on immigration from any of
the other communities. At the same time the Conference declared (paragraph 3) that Indians already permanently domiciled in the other British
countries should be allowed to bring in their wives and minor children, on
condition faj that not more than one wife and her children shall be
admitted for each such Indian, and (b) that each individual so admitted
shall be certified by the Government of India as being the lawful wife or
child of such Indian.
The 1921 Conference reaffirmed the principle laid down in 1918 of untrammelled control of immigration, but nevertheless considered that there was
an incongruity between the position of India as an equal member of the
British Empire and the existence of disabilities upon British Indians lawfully
domiciled in some other parts of the Empire. The Conference accordingly
was of opinion that it was desirable that the rights of such Indians to
1 Journal of the Parliaments of the Empire, Vol. IX, No. 2, p. 214, and House of Commons
Debates, OJicial Report, Second Session, 26th Parliament, Vol. Ill, 1928, p. 4162.
2 Cf. Kiyo Sue Inui : The Unsolved Problem of the Pacific, p. 408.
LIMITATION OF THB BIGHT TO IMMIGRATE
87
citizenship should be recognised
South Africa did not accept this resolution, and though at the 1923 Conference another discussion on the subject
took place, no further resolution resulted from it.
Since then the situation of Indians residing in South Africa has been
»discussed at the three special Round Table Conferences held in 1926 between
South African and Indian delegates. The last of these Conferences (Cape
Town, 17 December 1926-11 January 1927) succeeded in formulating principles to serve as à basis for an agreement, which were accepted by the two
Governments. The following are the most important points, summed up
in a declaration simultaneously communicated on 21 February 1927 to
the Parliaments of the two countries :
Both Governments reaflSrm their recognition of the right of South
Africa to use all just and legitimate means for the maintenance of
Western standards of life.
The Union Government recognise that Indians domiciled in the Union,
who are prepared to conform to Western standards of life, should be
enabled to do so.
For those Indians in the Union who may desire to avail themselves of
it, the Union Government will organise a scheme of assisted emigration to
India or other countries where Western standards are not required. Union
domicile will be lost after three years’ continuous absence from the Union in
agreement with the proposed revision of the law relating to domicile,
which will be of general application. Emigrants under the Assisted
Bmigrati™ Scheme who desire to return to the Union within the three years
will onlj^e allowed to do so on refund to the Union Government of the
cost of the assistance received by them (see Chapter V, § 5).
The Government of India recognise their obligation to look after such
emigrants on their arrival in India.
The admission into the Union of the wives and minor children of Indians
permanently domiciled in the Union will be regulated by paragraph 3 of
Resolution 21 of the Imperial Conference of 1918 (see above).
Further, the Government of the Union have decided not to proceed further
with the Areas Reservation Bill, under which Indians would have to reside
and ply their trade in special areas.
The two Governments agree to watch the working of the agreement
reached and to exchange views from time to time as to any changes that
experience may suggest. The Government of India is invited to appoint
an agent in the Union in order to secure continuous and effective co-operation between the two Governments
Apart from the numerous laws that strietly regulate the entry
of alien workers into the different eountries (ef. Volume II),
it should be noted that European emigration has also been
restricted by international arrangement—for instance, in the
case of Italian emigration into Atistralia, w:hich arrangement is
referred to in Volume II (cf. page 50)
It will be seen later that
1 Conference of the Prime Ministers and Representatives of the United Kingdom, THE Dominions and India: Summary of Proceedings and Documents, 1921, p. 8,
2 Cf. Official Year Book of the Union of South Africa, 1926-1927, No. 9, p. 889.
3 According to the statements made hy the Prime Minister of the Commonwealth in the
House of Representatives on 30 May and 5 June 1928, a new agreement entered into by
Australia and Italy fixes the number of Italians admissible into Australia during a period
of twelve months at 3,000. These immigrants were to consist entirely of near relatives of
Italians already residing in Australia (Commonwealth of Australia : Parliamentary
Debates, First Session : third period, 1927-1928, Nos. 40 and 42).
38
FREEDOM OF MIGRATION AND ITS LIMITS
a certain number of agreements relating to labour or the recruitment of labour provide for a numerical limitation of alien workers
to be recruited or admitted, on the basis of general principles laid
down by the agreements (cf. Chapter VII, § 1).
The object of agreements relating to the examination of emigrants before departure is to eliminate individuals who cannot
be admitted under the laws of the country of destination; these
are analysed in Chapter V (§ 1). Public health agreements
containing provisions for the temporary interruption of the
international stream of migrants in case of an epidemic (§ 4)
and agreements ensuring freedom of transit ( § 3) are also analysed
in Chapter V.
§ 3.—The International Co-:ordination of Systems
of Inspection
A third series of agreements comprises those by means #f which
two Governments strive to co-ordinate their respective regulations
controlling the entry and departure of migrants.
For instance, Spain and Portugal concluded an agreement in 1897 to
suppress clandestine emigration across the territory of the neighbour State,
in which each country undertook to prohibit the departure of subjects of
the other contraeting party from its territory, unless they were in possession
of a certificate establishing the nihil obstat of the competent consular agent
of the other country.
Agreements of that kind have also been made between immigration
countries. The understandings between several South American States
{the Argentine Republic, Bolivia, Brazil, Chile, Paraguay, Peru, and Uruguay) should be noted particularly ; they were reached at a Conference held
in Buenos Ayres in February 1920 to organise the mutual protection of those
countries against undesirable immigrants, often following circuitous routes
in order to enter the territories of these countries. An administrative agreement was signed on 28 February 1920, which dealt with the exchange of
information, the antecedents of immigrants and the co-operation of the
police forces of the different States in punishing oftenees committed by
immigrants. The contracting Parties undertook to supply eaeh other with
regular data with regard to all individuals considered a danger to society and
particularly with information as to their civil status, their aliases, parentage,
occupation and identification (finger-prints, photographs, description).
Further, they undertook to communicate immediately all information
of a judicial character relating to condemnation of such persons and legal
action taken against them, or to their departure or deportation from the
country.
The United States and Mexico, in a treaty for the suppression of smuggling, signed on 23 December 1925, inserted provisions aiming at the
suppression of clandestine immigration at the same time. The Parties
agreed to employ all reasonable measures to prevent the departure of persons destined to the territories of the other, except at or through regular
ports or places of entry or departure established by the contracting Parties.
They also mutually agreed that they would exchange information regarding
PASSPORTS, VISAS AND OTHER IDENTITY PAPERS
39
persons proceeding to the other country and regarding activities of any
persons on either side of the border, when there was reasonable ground to
believe that such persons were engaged in unlawful migration activities or
in conspiracies against the other Government or its institutions (Articles 6
and 9). Other provisions relate to measures for regulating the recruitment
of labour (cf. Chapter VII, §
The agreements concluded between Switzerland and Liechtenstein establish
more complicated machinery ; on the one hand, they tend to place the nationals of the contracting Parties in a privileged position by allowing free
movement of persons between the two countries; on the other hand, they
establish uniform regulations with regard to the entry of foreigners into the
two countries.
By Article 33 of the Customs Union Treaty concluded on 29 March 1923,
the Swiss Confederation undertakes to dispense with the police supervision
of foreigners at the frontier between Switzerland and Liechtenstein for as
long a period as the Principality of Liechtenstein ensures that the Swiss
regulations concerning the supervision of foreigners, their settlement and
residence, are observed in its territory. A new agreement dated 28 December 1923 specifies that the Swiss regulations with regard to such matters
as the crossing of the frontier, the sending back of persons, the declaration
to be made on arrival, the period within which conditions of residence must
be regulated, etc., are to be extended to the territory of the Principality
of Liechtenstein. Article 6 stipulates that persons deported from one State
will not be harboured on the territory of the other, unless they are nationals.
Further, an additional declaration abolishes the visa in the case of nationals
of one contracting State settling on the territory of the other State for the
purpose of finding work, and .the States undertake to permit their respective
nationals to reside for the purpose of taking up employment ; but as a result
the Government of Liechtenstein undertakes to see to it that its procedure
with regard to naturalisation does not enable foreigners to evade too easily
poliee restrictions concerning them.
With these agreements may be classified several miscellaneous
agreements and especially undertakings to establish common
frontier stations at which control is exercised by the Governments of two neighbouring countries, or agreements to run
international through trains subject to special supervisory regulations isee also Chapter V, § 2, the passages relating to the
transport of migrants and inspection on board ship).
§ 4.—Passports, Visas and Other Identity Papers
The system of passports and visas which at the beginning of
the century had been abolished in the great majority of States,
reappeared in all countries during the world war and has continued
after it; in consequence a vast number of different national
regulations have come into existence which seriously hamper
the movements of migrants; these are examined in Chapter III
of Volumes I and II. It is only by degrees that international
agreements began to be concluded to ease this situation by
introducing greater simplicity and uniformity with regard to these
formalities, and even occasionally by abolishing them altogether.
40
FREEDOM OF MIGRATION AND ITS LIMITS
(a) Unification and Simplification of the System
With a view to unification and simplification of existing regulations, the Conference on Passports, Customs Formalities and
Through Tickets, convened in Paris by the League of Nations
in October 1920, considered the problem of passports and visas,
and it was again brought before a second Conference on Passports
held in Geneva in May 1926.
These two Conferences recommended a series of measures to Governments
for their adoption, the most important of which bear on the following
points :
(a) The issuing of an international type of passport decided on at these
Conferences, to be valid for at least two years and if possible for five, the
validity of the passport extending to all foreign countries, or at least to as
large groups of countries as possible, the fees charged to be moderate and the
same for all persons.
(b) Abolition of entrance and transit visas as soon as possible by means
of inter-State agreements. Total abolition of exit visas. The duration of
the validity of entrance visas as far as possible to be the same as that of the
passport, or else to apply to a single Journey on the request of the applicant.
The duration of the validity of transit visas always to be the same as that of
the entrance visa of the country of destination; the visa to be valid for all
frontiers in all but exceptional cases. The fee charged for the entrance visa
not to exceed 10 gold francs, or 5 gold francs for a single journey, and for
the transit visa 1 gold franc, regardless of nationality or of the itinerary
followed, but States retaining the right either to charge higher fees to nationals of countries charging higher fees or charge lower fees as a result of
mutual agreements. Provision for exemption from fees or for reduced fees
to be made in public and official regulations in accordance with the principle
of equality.
(c) These provisions to be applicable to family passports, a family passport (husband, wife and children) being considered, especially as regards the
charges levied, as an individual passport.
(d) The greatest possible facilities to be accorded with regard to the
obtaining of passports so as to save travellers and emigrants long and costly
Journeys ; visas to be delivered within the shortest possible time, the applicant
not as a rule being required to appear in person and no proof required of
the necessity of the Journey. A transit visa to be delivered simply on presentation of the entrance visa, in all but exceptional circumstances.
(e) As for emigrants, the 1920 Conference decided to make the common
system apply to them, and to consider the collective passports of migrants as
ordinary collective passports, valid for a whole family, for which the same
fees should be charged without any discrimination based upon either the
nationality of the worker (except where international agreements exist for
the reduction of fees) or the points of entry into or exit from the territory
of the State issuing the visa K
1 Cf. League op Nations, Obganisation fob Communications and Transit : Resolutions adopted by the Conference on Passports, Customs Formalities and Through Tickets
in Paris on 21 October 1920; Geneva, Nov. 1925, C. 611. M. 230, 1925, VIII; and Passport
Conference held at Geneva, 12-18 May 1926 : “Final Act of the Conference”; Geneva, May
1926, C. 320. M. 119, 1926, Vm/2.
PASSPORTS, VISAS AND OTHER IDENTITY PAPERS
41
Further, a proposal was brought forward at the 1926 Conference on the
question of special identity documents for emigrants, but the Conference did
not come to a decision on the subject, leaving all recommendations on this
matter either for subsequent agreement between countries, or to be dealt
with by special meetings of delegates from all the countries concerned. It
also examined the possibility of creating a transit card for migrants (cf.
Chapter V, § 3).
As a result of the various decisions of the International Passport Conferences, a large number of countries have modified
their passport systems, either through the introduction of new
national regulations (adoption of the international type of
passport proposed by the Conference, fixing of fees, etc.) or by
agreements regarding their relations with certain other countries,
as suggested in one of the resolutions of the Conference.
Apart from the agreements referred to below, relating to the abolition of
passports and visas, the agreement concluded at Gratz on 27 January 1922
between Austria, Czechoslovakia, Hungary, Italy, Poland, Rumania, and the
Serb-Croat-Slovene Kingdom, must be mentioned as applying the recommendations of the 1920 Conference with regard to the unification and simplification of formalities.
(b) Agreements Relating Particularly to Passports
Total abolition of passports applying to all the nationals of
the contracting Parties is still very rare. A few Governments
have accomplished it by means of bilateral understandings with
the Governments of adjacent countries.
The case of Belgium may be mentioned, which country has concluded
agreements with France, the Netherlands and Luxemburg for the abolition
of passports, any identity document being sufficient to take its place. By
Estonia and Latvia the “laissez parser“ which are valid in the interior are
accepted instead of passports, as a result of “the agreement to facilitate
reciprocal communication between nationals of the two countries”, dated
11 November 1925.
More often the countries concerned, while not abolishing
passports altogether, come to an understanding that they shall
be dispensed with in certain circumstances. Thus a large
number of agreements exempt the inhabitants of the frontier
zone from the obligation of presenting passports, which are
replaced by special identity cards (cf. Chapter VIII, §6). Some
agreements enable the nationals of neighbouring States arriving
for a short stay (as tourists, cn business, to attend congresses, etc.)
to dispense with passports, also individuals travelhng in groups—
in the latter case lists of members of the groups compiled by the
42
FREEDOM OF MIGRATION AND ITS LIMITS
competent authorities serve instead of passports (agreement
coneerning the endorsing of passports coneluded between Germany
and Finland on 14 May 1927). In the same way foreign workers
introduced under the provisions of an international agreement
for the recruitment of labour, are occasionally enabled to dispense
with passports.
The agreement concluded between Germany and Czechoslovakia on
11 May 1928 for the recruitment of seasonal agrieultural workers stipulates
that in the case of Czechoslovakian workers reeruited in groups of at least
two workers the labour contract—drawn up according to the provisions of
the agreement—stakes the place of a passport for the purpose of their sojourn
in Germany, the German visa not being required. If a worker should be
obliged to leave his group, the consul of Czechoslovakia in Berlin must on
the application of the Central Office for Workers (Arbeiterzentrale) furnish
him with a passport for the return journey free of cost.
Other international agreements have more indefinite provisions
to the effect that facilities are to be granted to nationals of one or
both of the contracting parties when collective emigration of
workers occurs.
According to Article 6 of the Treaty for the recruitment of labour of
24 November 1927, Germany and Poland undertake to grant facilities to
Polish agricultural labourers at the time of their departure, arrival and
return. By the commercial treaty of 4 May 1921 (Article 3), Austria and
Czechoslovakia entered into a mutual agreement to see that full official
instructions are given in order to facilitate by every possible means or at
least by methods in use at the time of signature, the crossing of the frontier
by groups of at least three migrating labourers entering or leaving the country. The provisions of the agreement for the recruitment of labour of
24 June 1925, Article 8, are in conformity with this undertaking (cf.
Chapter VII, § 1, (b)).
As far as the emigration of individual workers is concerned, it
may be observed that, in virtue of the Franco-Belgian agreement
of 1928 relating to seasonal and frontier labourers, the special
certificate issued by the Belgian burgomasters is recognised
as an identity paper valid for the crossing of the frontier
(cf. Chajiter VII, %1, (b)).
(c) The Passport Visa
The abolition of visas is mueh more common ; this is generally
arranged for by means of bilateral agreements. Numerous
States have ceased to require visas of their respective nationals,
but it is impossible to enumerate all the diplomatic instruments
PASSPORTS, VISAS AND OTHER IDENTITY PAPERS
48
by means of which the change has been made, as many of them
only amount to unpublished administrative agreements subject
to frequent modifications.
It should be noted moreover that when visas are abolished,
restrictions are sometimes introduced in the case of individuals
changing their residence in order to seek employment, or, on the
other hand, special facilities may be granted to emigrant workers.
These restrictions generally supplement the internal regulations
of contracting States relating to the employment of foreigners
and apply to the same classes of persons.
A large number of agreements may be mentioned. Some oblige the
nationals of one contracting Party proceeding to the territory of the other
Party in order to work there, to obtain a special visa or an official paper
authorising them to proceed, or else a labour contract duly endorsed (Germany-Denmark, May 1926; Austria-Norway, 8 February 1928; Italy-Latvia,
27 aiay-12 June 1926; Norway-Switzerland, 6 July-30 August 1922; SwedenSwitzerland, 17-19 December 1921; etc.). Others reserve the right of the
Parties to take measures for the protection of the home market, reducing,
if necessary, the number of immigrant alien workers or even excluding
foreign workers {Amtria-Czechoslovakia, 29-30 March 1928 ; Austria-Denmark,
9-11 June 1927; Austria-Finland, 21 July 1927; Austria-Great Britain,
18 July 1927; Austria-Norway, 8 February 1928; Austria-The Netherlands,
25 January-1 March 1927; Austria-Portugal, 22-28 March 1927; AustriaSweden, 20 December 1927 ; Estonia-Finland, 17 May 1927 ; Finland-Latma,
14 May 1927; Germany-Finland, 14Mayl927; Germany-Norway, 17 January
1928), for they may even reserve the right to deport individuals whose occupation as workers might be detrimental to the interests of national workers,
particularly where such workers have taken advantage of a journey to the
territory of the other State in order to take up employment there without
being authorised to do so (Austria-Czechoslovakia, Austria-Finland, EstoniaFinland, Latvia-Finland, Germany-Finland already referred to).
It also sometimes happens that the only persons to profit by the abolition
of the visa are travellers making a short stay, so that real emigrants, that
is to say, persons proposing to reside permanently in a foreign country, are
excluded from the benefits of that measure ; for example the agreement of
11 November 1925 between Estonia and Latvia only abolishes the visa in
the case of persons not remaining in the other country for more than two
months.
On the other hand, the provisions of treaties sometimes exempt certain
classes of immigrant workers from visa regulations, especially workers
recruited collectively. This is the case with regard to workers introduced
into Germany as a result of a recruiting agreement which does not provide
for the abolition of passports (cf. especially Chapter VII, § 1, the GermanoYugoslav Agreement of 22 February 1928, Article 12).
Special exemptions are also made by international agreement
in the case of persons following certain occupations which force
them to cross frontiers frequently.
For instance, an agreement was concluded, on 30 October 1925, between
Germany and Belgium for the special purpose of “exempting the so-called
Rhine bargemen in both countries from the obligation of obtaining the
44
FREEDOM OF MIGRATION AND ITS LIMITS
consular visa, in order to proceed by water to partieular distriets of the other
eountry for the purposes of their trade”. The German bargemen and their
families may proceed without a visa to the so-ealled Rhenish Belgian ports,
the Belgian bargemen and their families may travel on all the waterways
which in Germany form the Rhenish zone, all they require is their passport
bearing the inscription “Rhine bargeman”. But if they wish to move away
from the waterways and from their boats, the holders of such passports must
procure ordinary visas.
Other provisions of internaticnal treaties relate not to the
abolition of the visa but to the simplification of formalities
connected with its obtention. Such provisions are especially
tci be found in treaties concerning residence.
The addendum to Article 1 ot the agreement concerning residence and legal
protection concluded between Germany and the Union of Socialist Soviet
Republics on 12 October 1925 may be mentioned. Without interfering with
the provisions relating to passports already in force in the two countries,
the contracting Parties agree that the spirit of the provisions of Article 1
(containing clauses dealing with residence, the right to travel, the identity
papers to be presented) implies that requests for permission to enter and pass
through the territory of one Party made by nationals of the other Party
“should be sympathetically considered and disposed of as promptly as
possible”. Entrance and transit visas are wherever possible to be granted
by diplomatie and consular agents without previous reference to their Governments. As regards return visas, the same agreement stipulates that nationals of one Party domiciled on the territory of the other shall obtain on
request, when leaving that territory, a visa for return, should they intend
to leave the country only temporarily, in so far as there are no special
objections to their return in individual cases.
(d) Special Identity Papers for Certain Classes of
Persons (Refugees, Persons without Nationality)
Negotiations have been conducted internationally with regard
to the creation of special identity papers, making it possible for
certain classes of persons to travel to foreign countries, who are
unable to obtain national passports, as a result of the political
upheavals between 1917 and 1920. Detailed international
agreements have been entered into with regard to refugees.
The first negotiations were concerned with the creation of a passport for
the use of Russian refugees. A conference was convened at Geneva in July
1922 by the High Commissioner of the League of Nations for the Protection
of Refugees, and this Conference in an agreement concluded on 5 July 1922
adopted a form of international certificate called the “Nansen Certificate”,
which was to be delivered by the State in which the refugee resided, and to
be recognised by the country of destination as an identity paper valid for
his admission (while reserving other conditions of admittance), and also by
the country of transit as valid for the granting of a visa.
A similar agreement dated 31 May 1924 was concerned with the granting
of the same kind of certificate to Armenian refugees from Turkey. The
PASSPORTS, VISAS AND OTHER IDENTITY PAPERS
45
two agreements of 1922 and 1924 were supplemented by other agreements
dated 12 May 1926 and 30 June 1928 in which certain provisions were more
carefully defined or were modified.
The Council of the League of Nations at its Fiftieth Session (7 June 1928)
and the Assembly on 20 September 1928 passed Resolutions inviting Governments to extend these agreements to Assyrian, Assyro-Chaldean and
Turkish refugees h
Other negotiations have dealt with persons without nationality
(Heimatlose).
The 1926 Conference on Passports adopted a resolution requesting the
League of Nations to prepare, with the assistance of experts of those States
most immediately concerned, a draft Arrangement based upon the principle
of the introduction of an internationally recognised identity document to
facilitate the travelling of persons without nationality (Heimatlose). As a
result of this resolution, the problem was examined by the Consultative and
Technical Committee in 1927 at its March Session and referred by it to the
third General Conference on Communications and Transit. This latter, at
its session of 2 September 1927, recognised the advantages of an internationally accepted system of identity and travelling documents for persons
without nationality or of doubtful nationality. It adopted a series of
recommendations concerning the issue of a uniform type of document
identical with the international booklet type of passport recommended by
the Passport Conference in 1926, except as regards a few minor differences
with regard to the manner of issue, the duration of its validity, its renewal,
the fees to be charged, etc.^
The agreements coneerning transit cards are examined in
Chapter V, § 3.
1 League of Nations ; Documents C./50th Sesslon/P.V.5(l), and A.76.1928.IV.
2 League oFjNATioNSiTÄird Oonjerence on Communications and I^ansit.Vol.llI.C.S5S (b).
M.200(6). 1-27.VIII.
46
TRANSPORT OF MIGRANTS AND THEIR PROPERTY
CHAPTER V
THE TRANSPORT OF MIGRANTS
AND OF THEIR PROPERTY
In agreement with the general plan of this work, whieh is
to follow as far as possible the normal development of migration
phenomena, an examination will in the first instanee be made
of international regulations relating to the transport of migrants.
This chapter therefore will deal with all matters relating to
travelling to and from countries, to entry and to departure.
§ 1.—Examination of Migrants
Numerous arrangements have already been made jauthorising
immigration countries to establish agents or examining committees
at the most important ports and stations of departure, so that
emigrants may undergo an examination eliminating as far as
possible those who would not be admitted on arrival at their
destination.
The text of these purely administrative arrangements is not generally
published.
Canada and the United States in particular have concluded such agreements for the examination of future immigrants at the place of departure,
with each other and with several European nations (an account of which
is given in Volume II, Chapter VIII, § 1); these two States have further
reached a mutual understanding to appoint immigration inspectors at certain pwrts belonging to the other State,who examine immigrants when they
land in order to pass through that territory on their way to the neighbour
State (cf. Volume II, Chapter VIII, § 2). Also the United States, following
the passing of their Quarantine Act, entered into agreements for the medical
examination of all passengers in ports of embarkation in certain countries.
These are also referred to in the chapter mentioned.
Further, most of the labour treaties and recruiting agreements concluded
by Germany, Austria, or France with the countries furnishing them with
labourers, provide for medical and occupational selection before immigrants
leave the country of origin and specify the authorities competent to carry
it out; they also sometimes determine the methods of examination on
arrival (cf. below Chapter VII, § 1, (b)).
THE TRANSPORT OF MIGRANTS
47
§ 2.—The Transport of Migrants
Special treaties are rare in this connection, but the question
has often been dealt with in provisions inserted in general treaties,
such as, for instance, provisions concerning the establishing of
foreign companies undertaking the transport of migrants, the
conditions of transport, the inspection and protection of migrants
during the journey, and the insurance of migrants.
(a) Undertakings for the Transport of Migrants
In Chapter VII of Volumes I and II, the legislative provisions
which control the business of transporting migrants are described.
There are two kinds of international provisions authorising a
private individual or a company to carry out this business in
a foreign country : general provisions and special provisions.
On the one hand, different treaties and conventions which aim
at facilitating international trade and particularly international
transport can be made to apply to the transport of migrants
where no reservations to the contrary exist; on the other hand,
an increasing number of treaties has come into existence which
specifically authorise or regulate the transport of migrants.
As regards the more general provisions relating to freedom to carry on all
kinds of lawful commercial activities, apart from the very large number of
bilateral treaties in which such provisions have formally been inserted or
are mentioned in passing (mostly residence and commercial treaties), it
should be noted that a general unification of these provisions is actually
being broached : the Economic Committee of the League of Nations prepared
in 1928 a draft multilateral convention on the subject of the treatment of
foreigners, in which the principle of equal rights as between aliens and nationals is admitted, particularly as regards the carrying on of commercial activities subject to certain reservations, among which the transport of emigrants
is not specified
This draft has been submitted to Governments for their
examination in view of a special conference which is to be held.
A certain number of States have already joined in signing a multilateral
convention relating more particularly to the maritime transport business.
Article 2 of the Convention on the International Regime of Maritime Ports, •
signed at Geneva on 9 December 1923, under the auspices of the League of
Nations, contains a provision according to which every contracting State
undertakes “to grant the vessels of every other contracting State equality
1 League of Nations, Economic Committee : Document C. 174, M. 53, 1928. II.
48
TRANSPORT OF MIGRANTS AND THEIR PROPERTY
of treatment with its own vessels, or those of any other State whatsoever,
in the maritime ports situated under its sovereignty or authority, as regards
freedom of access to the port, the use of the port, and the full enjoyment of
the benefits as regards navigation and commercial operations which it affords
to vessels, their cargoes and passengers”.
But Article 12 of the same Convention stipulates that “each contracting
State shall have the power, at the time of signing or ratifying this Convention,
of declaring that it reserves the right of limiting the transport of emigrants,
in accordance with the provisions of its own legislation to vessels which have
been granted special authorisation as fulfilling the requirements of the said
legislation. The vessels so authorised to transport emigrants shall enjoy
all the benefits of this statute in all maritime ports” *.
By means of bilateral conventions some States have entered into mutual
agreements to grant to the nationals of the contracting Party the same
rights as are enjoyed by nationals with regard to the transport trade (for
instance, the Convention signed by Germany and Austria on 1 September
1920 relating to economic relations, the Treaty of Commerce of 15 June 1883
between Great Britain and Italy) or again to extend the benefit ;of mostfavoured-nation treatment to them (Great Britain-Poland, Treaty of
Commerce and Navigation of 26 November 1923; Norway-Siam, Treaty of
Amity, Commerce and Navigation of 16 July 1926).
On the other hand, other conventions relating to commerce and navigation
according equal treatment or most-favoured-nation treatment to the nationals of the other Party with regard to sea-borne trade in general contain
a special reservation excluding the transport of emigrants from this
treatment. This is the ease in the Treaties of Commerce concluded between
Germany and Italy on 31 October 1925 (Article 33), by Italy and the
Netherlands on 28 June 1927, and by Hungary and Poland on 26 March
1925 (Article 12).
Further agreements speeially relating to the transport of
migrants sometimes base the rights granted with regard to these
matters to the nationals of the contracting Party on the treatment
accorded to nationals or to the most favoured nation. Provisions
of this nature are frequently inserted in general treaties, especially
in treaties of commerce and residence.
Several treaties signed by Germany and Austria with some of the former
Allied Powers especially will serve as examples of the first case; they
grant to German or Austrian shipping companies the right already
accorded by the Peace Treaties of 1919 to shipping companies of those
Allied Powers.
Indeed, the Peace Treaties concluded by the Allied Powers with Germany
(Versailles) and Austria (St. Germain-en-Laye) provide that, with regard to
the transport of passengers and of goods the nationals of the Allied or Associated Powers as well as their vessels shall enjoy in all German and Austrian
1 Czechoslovakia, Greece, Italy, Lithuania, the Serb-Croat-Slovene Kingdom and Spain
reserved the right relating to emigration—mentioned in Article 12 of the Statute—at the
time of signing the Convention, and Japan and the Netherlands at the time of ratification,
Belgium when ratifying declared that her legislation imposed special obligations on all
vessels transporting migrants. France when adhering to the Convention reserved the power
to suspend the benefit of equal treatment with regard to the mercantile marine belonging
to a State which, in virtue of the provision of Article 12, should cease to give equality of
treatment in order to benefit its own marine.
THE TRANSPORT OF MIGRANTS
49
ports and on the inland navigation routes of Germany and Austria the
same treatment in all respects as German and Austrian nationals, vessels
and property (Versailles, Article 327; St. Germain, Article 290). These
Articles—supplemented by the provisions of Articles 321, 322, 367 and 368
of the Treaty of Versailles and Articles 284, 285, 314 and 315 of the Treaty
of St. Germain relating to freedom of transit and especially free transit of
migrants (cf. same Chapter, § 3)—^would actually make it possible for the
shipping companies of the Allies to undertake the transport of migrants from
the ports and through the territories of Germany and Austria.
In the later treaties reciprocal undertakings are made. For instance.
Article 35 of the Treaty of Commerce signed by Germany and France on
17 August 1927 stipulates that “the maritime organisations of one contracting Party effecting the transport of emigrants shall enjoy in the other
country the same treatment in all respects as the national maritime organisations”. This equality of treatment applies especially to their emigration
agencies, their vessels and to the emigrants which they transport, whatever
their origin. Similar provisions are to be found in the protocol annexed
to the Treaty of Commerce concluded by Germany and Great Britain on
2 December 1924 (Article 6), in the provisional Commercial Agreement concluded by Germany anã. the Belgo-Luxemburg Economic Union on 4 April 1925
(Article 12), and in the Treaty of Commerce concluded by Germany and
Lithuania of 1 June 1923 (Article 21), the Treaty of Commerce concluded
by Austria and France on 16 May 1928 (Article 29), etc.
Other treaty provisions grant most-favoured-nation treatment to the
contracting Party. Thus Article 11 of the Treaty of Commerce signed by
the Belgo-Luxemburg Economic Union and Poland on 30 December 1922
stipulates that “emigration organisations recognised in one of the two countries shall enjoy in every respect in the territory of the other country the same
rights as similar enterprises of the most favoured nation. They may appoint
indifferently as their official representative a Belgian or a Polish national”.
But, according to the same treaty, “emigration agents recognised in one of
the two countries shall enjoy in the other, whatever may be the port of
embarkation of the emigrants, the same treatment as regards authorisations,
charges and other facilities as are accorded to the nationals of the country
concerned”. Identical provisions are inserted in the Treaty of Commerce
concluded between France and Poland on 9 December 1924 (Article 31).
Most-favoured-nation treatment is granted in the same way to the emigration
enterprises of the contracting nations by the Treaties of Commeree coneluded
by the Belgo-Luxemburg Economic Union anã Czechoslovakia on 28 December
1925, by Denmark and Latvia on 3 November 1924, and by the Netherlands
and Poland on 30 May 1924. But in the latter Treaty it is understood that
“neither of the contracting Parties may invoke the most-favoured-nation
principle for the purpose of claiming the designation of a particular port for
the embarkation of emigrants in the deed of concession” (Final Protocol,
Paragraph VlII).
. Certain conventions have provisions relating to the transport
of emigrants in transit.
Article 23 of the Treaty of Commerce concluded by the Belgo-Luxemhurg
Economic Union and Latvia, on 7 July 1927, stipulates that vessels,
shipping companies or emigration organisations of eaeh contracting Party
shall enjoy in the territories of the other Party most-favoured-nation
treatment in all that concerns the recruitment and the transport of emigrants
coming from their respective territories or having passed through it in transit
and taking ship, either in a Belgian or a Latvian port. The same will hold
true as regards the establishment of agencies by those companies or organisations. Article 16 of the Treaty of Commerce and Navigation concluded
4
50
TRANSPORT OF MIGRANTS AND THEIR PROPERTY
between the Belgo-Luxemburg Economic Union and Czechoslovakia on
28 December 1925 contains more or less similar provisions. That concluded
between the same Belgo-Luxemhurg Union and Germany on 4 -April 1925
accords national treatment under the same conditions.
Other provisions grant the necessary authorisation for the
carrying on of this transport trade.
Generally the authorisation of the competent authorities in both countries
is required. The exceptional situation of Danzig and Poland however has
called into existence a special regime : in the Convention signed by Danzig
and Poland on 9 November 1920 it is stated (Article 24, paragraph 2) that
no shipping company or other organisation, company, or private person may
engage in Danzig in any service of emigration or immigration from or to
Poland without the authorisation of the Polish Government.
Certain treaties merely indicate the agreement to be reached on this point.
Thus the Treaties of Commerce and Navigation concluded between the BelgoLuxemburg Union and Estonia on 28 September 1926 and between Estonia
and France on 7 January 1922 provided that the parties will subsequently
negotiate an arrangement for their mutual protection, as regards emigration,
from any measure or regulation likely to divert the normal traffic or prevent
the normal recruiting of emigrants (Article 21).
Sometimes agreements relating to the transport of emigrants
are unilateral.
For instance, the Treaty of Commerce between France and Latvia
concluded on 16 February 1925 stipulates (Article 19, paragraph 3) that
“French shipping companies shall have every facility for the transport of
emigrants”.
Certain treaties contain provisions concerning the embarkation of emigrants from one of the two contracting Parties at the ports of the other
country. For instance, the Commercial Convention between Italy and
Poland dated 12 May 1922 states in Article 16 that the Polish Government
is prepared to facilitate the journey of its own emigrant nationals and that
of emigrants in transit to Italian ports and also that of emigrants who are
returning to their countries through these ports. The Polish Goveriunent
agrees to the establishment by Italian navigation companies, in conformity
with Polish legislation, of booking oflftces in Poland and to their carrying on
their business there in respect of direct transport from Trieste to South
American or Mediterranean ports. The Italian Government, on its part,
promises to guarantee its protection to Polish emigrants on board its ships
(see below). Similar provisions are inserted in the Consular Convention
concluded by Albania and Italy on 29 February 1924 (Article 14).
It should be observed moreover that, apart from international
agreements between States, this trade of transporting migrants
has given rise to contractual arrangements between Governments
and foreign shipping companies granting concessions with regard
to this transport (in this connection, cf. Volumes I and II,
Chapter VII).
THE TEANSPORT OF MIGRANTS
51
(h) Transport Conditions
Some general treaty provisions concerning the transport of
travellers are applicable to emigrants without specially referring
to them. On the other hand, the transport conditions of
emigrants are sometimes regulated by means of special agreements between the countries immediately concerned.
General Provisions
Such provisions apply more especially to transport by land
and by air.
As regards multilateral treaties, the provisions of certain conventions
which were concluded under the auspices of the Railway Union at Berne
should be noted, as well as those of some other conventions signed as a result
of the Conferences held by the Organisation for Transit of the League of
Nations. The Convention of 9 December 1923 on the International Regime
of Railways, concluded as a result of the second Conference on Transit,
laid down rules for that regime. The contracting States undertook to give
reasonable facilities to international traffic and to apply to international
traffic tariffs reasonable both as regards their amounts and the conditions
of their application; they also undertook to refrain from all discrimination
of an unfair nature directed against the other contracting States, their nationals or their vessels (Articles 4 and 20 of the Statute). The object of other
multilateral conventions, concluded under the auspices of the Railway
Union at Berne on 23 October 1924 and 20 June 1925, was to determine
conditions with regard to passenger traffic and to railway journeys.
With regard to aerial transport, a Convention was signed in Paris on
13 October 1919 dealing with the regulation of aerial navigation by the Allied
and Associated Powers open to the adherence of States Members of the
League of Nations. It lays down certain rules which may indirectly concern
emigrants in their capacity as passengers. Article 19 declares that every
aircraft engaged in international navigation if carrying passengers shall be
provided with a list of their names (paragraph d). Article 21 states that
upon the departure or on landing of an aircraft, the authorities of the country
shall have, in all cases, the right to visit the aircraft and to verify all the
documents with which it must be provided. Further annex (h) to the
Convention contains provisions relating to special aerodromes termed
“customs aerodromes”, to be designated by each country, from which aircraft going abroad shall be obliged to depart and where aircraft coming from
abroad shall be forced to land (provision 1). Another provision deals with
aerial transit (see § 3 of this Chapter).
As instances of provisions in bilateral treaties relating to the transport
of passengers, those contained in the Railway Agreement concluded between
Germany and the Union of Socialist Soviet Republics on 12 October 1925
may be mentioned. Article 2 of that Agreement declares that in the case
of the conveyance of passengers and baggage by rail no distinction shall be
52
TRANSPORT OF MIGRANTS AND THEIR PROPERTY
made between the inhabitants of the territories of the contracting Parties
as regards conditions of forwarding, transport charges or public taxes in
connection with transport. The same formula is to be found in the Treaty
of Commerce concluded between Germany and Italy on 31 October 1925
(Article 22) and there are similar formulae in many other general treaties.
Special treaties relating to transport of passengers by specified routes were
concluded between Finland and Russia on 14 December 1921, by Poland
and Russia on 24 April 1924, etc.
Provisions Specially Relating to Migrants
International agreements, especially those relating to the
recruitment of labour, or the model agreements annexed to
them, or again labour and emigration treaties, sometimes lay
down conditions which must be observed during the voyage
and particularly those which concern workers recruited in virtue
of such agreements. An analysis of these provisions will be
found in Chapter VII, § 1 and § 2.
Some provisions relate to the share of the travelling expenses
to be borne—sometimes by the worker (with or without advances
from his employer), as in the Franco-Czechoslovakian Agreement
of 28 May 1926; sometimes by the employer, as in the AustroCzechoslovakian Agreement of 1925; or by one or other of them
by agreement betw^een the persons concerned, as in the Recruiting
Agreement of 1926 between France and Austria; or by the
Government of the country where these workers will be employed,
as in the Agreement concluded between the Brazilian State of
Sao Paulo and Poland on 19 February 1927, which also contains
stipulations relating to the various transport conditions referred
to below.
These treaties sometimes indicate certain shipping companies
as being exclusively authorised to carry emigrants; for instance
the Treaty of Recruitment of 1914 between Liberia and the
Spanish colony of Fernando Po lays down that these companies
are to be Spanish. Conditions to be observed during the voyage
are also often regulated by the legislation of the countries concerned, both as regards the equipment of ships and the application
of national legislation in this respect ( Germany-Bussia, Maritime
Agreement of 12 October 1925, Article 10), and as regards the
treatment of emigrants at recruiting centres, ports of arrival or
ports of call {Franco-Polish Protocol of 3-20 February ,1925).
THE TRANSPORT OF MIGRANTS
53
Often special provisions are inserted with regard to women and
children (see especially the second of these texts).
As far as workers recruited collectively are concerned, treaties
often stipulate that they shall be escorted during the voyage
by arrangement of the competent authority of one or other of
the two countries {Germany-CzechoslovaJda, 11 May 1928).
(c) Inspection and Protection of Migrants on Board Ship
It was explained in Chapter IX of Volumes I and II that
Governments of emigration countries, and even those of countries
of immigration, often appoint an inspector in conformity with
legislative provisions or with transportation concessions made
with shipping companies. This officer is charged with the
supervision of the tréatment accorded to emigrants on board
ship, and acts on their behalf should such treatment give rise
to any complaints. Male and female assistants and health
officers are often appointed as well, so that practical assistance
may be given to migrants.
Agreements dealing with inspection on board ship aim at
extending the protection and assistance given on board ship
by the one State to migrants from the other contracting
Party.
A special agreement was concluded on 25 November 1925 between Spain
and Italy called “Agreement concerning the Co-operation of their respective
Emigration Services for the Protection and Assistance of Emigrants during
the Journey”. In this Agreement each contracting Party undertakes to
ensure to emigrants or repatriated persons of the other Party travelling on
vessels flying its flag and authorised to carry emigrants, the same protection
and assistance as is given to its own emigrants. Italian vessels embarking
not more than fifty Spanish emigrants need not have on board a Spanish
doctor and auxiliary health staff, provided there is an interpreter oh board.
The same holds good with regard to Italian emigrants on board Spanish
vessels. The Royal Italian Commissioner on board Italian vessels and the
Spanish Emigration Inspector on Spanish vessels are not only to give the
same assistance to the emigrants of the other country as that accorded to
national emigrants, but must see to it that laws and regulations of the other
country and the conditions of the transport contract are observed and must
present a report on travelling conditions to the competent authorities of the
other country. According to the terms of the Convention, when an Italian
vessel authorised to carry Spanish emigrants in accordance with Spanish
law embarks a Spanish Emigration Inspector, it is understood that the said
Inspector shall not perform during the voyage duties which might constitute
an interference with those allotted by Italian law and regulations to the
Royal Italian Commissioner on hoard the same vessel.
54
TEANSPOET OF MIGEANTS AND THEIB PEOPEETY
Provisions tending to establish similar co-operation are to
be found in several treaties of commerce :
The final protocol of the Commercial Treaty signed by the Belgo-Luxemburg Economic Union and Poland, on 30 December 1922, declares that the
Belgian Government, in conformity with Belgian emigration law, will accord
to Polish emigrants, both in the Kingdom itself and on vessels conveying
such emigrants, the same protection which it accords to Belgian emigrants.
It further undertakes that each vessel which calls at the port of Antwerp
and has Polish emigrants on board shall carry an interpreter approved by
the Belgian emigration authorities.
The Commercial Treaty concluded between Italy and Poland on 12 May
1922 (Article 16), and the Consular Convention concluded by Albania and
Italy on 29 February 1924 (Article 14) contain a stipulation to the effect
that the Italian Government assumes the obligations referred to above with
regard to Polish and Albanian emigrants.
In Article 2 of the Treaty of Commerce and Navigation of 26 November
1923, Great Britain assumes the obligation toward Poland to grant to Polish
emigrants in transit through British territories or transported in British
vessels the same protection as that accorded by existing legislation to
British emigrants.
With regard to multilateral agreements, two decisions were
taken at the Eighth Session of the International Labour Conferrence (Geneva, 1926) on the subject of the protection of emigrants
during transportation : one in the form of a Draft Convention
and the other in that of a Recommendation.
The Draft Convention is concerned with the simplification of the inspection of emigrants on board ship. Its most important provisions are as
follows :
“For the purposes of application of this Convention the terms ‘emigrant vessel’ and ‘emigrant’ shall be defined for each country by the
competent authority in that country.
“Each Member which ratifies the Convention undertakes to accept
the principle that, save as hereinafter provided, the official inspection
carried out on board an emigrant vessel for the protection of emigrants
shall be undertaken by not more than one Government. Nothing in
this Article shall prevent another Government from occasionally and
at their own expense placing a representative on board to accompany
their nationals carried as emigrants in the capacity of observer, and on
condition that he shall not encroach upon the duties of the official
inspector.
“If an official inspector of emigrants is placed on board an emigrant
vessel, he shall be appointed as a general rule by the Government of
the country whose flag the vessel flies. Such inspector may, however,
be appointed by another Government in virtue of an agreement between
the Government of the country whose flag the vessel flies and one or
more other Governments whose nationals are carried as emigrants on
board the vessel.
“The practical experience and the necessary professional and moral
qualiflcations required of an official inspector shall be determined by
the Government responsible for his appointment.
“An official inspector may not be in any way either directly or indirectly connected with or dependent upon the shipowner or shipping
company.
THE TRANSPORT OF MIGRANTS
55
“Nothing in this Article shall prevent a Government from appointing
the ship’s doctor as official inspector by way of exception and in case of
absolute necessity.
*
“The official inspector shall ensure the observance of the rights which
emigrants possess under the laws of the country whose fiag the vessel
flies, or such other law as is applicable or under international agreements, or the terms of their contracts of transportation.
“The Government of the country whose flag the vessel flies shall
communicate to the official inspector, irrespective of his nationality,
the text of any laws or regulations affecting the condition of emigrants
which may be in force, and of any international agreements or any
contracts relating to the matter which have been communicated to
such Government.
“The authority of the master on board the vessel is not limited by
this Convention. The official inspector shall in no way encroach upon
the master’s authority on board, and shall concern himself solely with
ensuring the enforcement of the laws, regulations, agreements or contracts directly concerning the protection and welfare of the emigrants
on board.
“Within eight days after the arrival of the vessel at its port of destination the official inspector shall make a report to the Government of
the country whose flag the vessel flies, which Government shall transmit
a copy of the report to the other Governments concerned, where sueh
Governments have previously requested that this shall be done. A copy
of this report shall be transmitted to the master of the vessel by the
official inspector.”
The Recommendation of the same Conference concerns the protection of
emigrant women and girls on board ship. Its terms are as follows :
“Where fifteen or more women or girls unaccompanied by a responsible person are carried as emigrants on board an emigrant vessel, a
properly qualified woman who has no other duty to fulfil on board shall
be appointed to give such emigrants any material or moral assistance
of which they may stand in need without in any way encroaching upoii
the authority of the master of the vessel. She shall report to the
authority making the appointment and her report shall be available for
the use of the Governments which may be concerned.”
(d) Insurance of Emigrants on Board Ship
Since 1914 the possibility of drafting a general convention
with regard to the obligatory insurance of emigrants against the
risks of transportation by sea has been examined. At that time
the British and Italian Governments brought forward a proposal
dealing with the question at the diplomatic Maritime Conference.
As the preliminary discussions revealed the difficulty of deciding
on an international definition of the term “emigrant”, and as it
was felt that the moment was opportune for covering the general
risks of transport, the suggestion was made to make insuranee
obligatory for all .passengers. The International Maritime
Committee was entrusted with the examination of this new aspect
of the question, and it was discussed at the fourteenth Maritime
56
TRANSPORT OF MIGRANTS AND THEIR PROPERTY
Conference held at Gothenburg in the month of August 1924, at
the fifteenth Conference held at Genoa in September 1925, and
at the sixteenth held at Amsterdam in 1927. At this last session
a decision was taken to refer the question for study to a special
Committee, which has not yet completed its labours.
§ 3.—Migrants in Transit
Until recently the question of the transit of migrants wa»
generally left to be regulated by the legislation of countries
whose territories were crossed by migrants. Provisions of this
kind tended to become more and more one-sided as a result of
the difficulties arising after the world war. Sinee the restoration
of peace attempts have been made to renew former relations
and to establish even closer contact than before the war.
Thus different types of agreements have now been concluded
in order to facilitate the passage of migrants across the territories
of States through which they may have to pass in travelling
from the place of departure to the country of destination. Emigrants who travel to an oversea country on a vessel flying the
flag of a third nation may be considered as emigrants in transit
as well. Agreements regulating their transport and the supervision exercised over their treatment on board ship have been
analysed in the previous section (transport), particularly in
subsection (a) (transport undertakings) and (c) (inspection on
board ship).
Among provisions to be noted, relating to transit as such,,
those which concern migrants in particular may be distinguished
from those concerning all passengers in transit.
(a) Provisions with regard to Passengers in General
The first General Conference convened by the Permanent
Organisation for Communications and Transit of the League of
Nations, which met at Barcelona from 10 March to 20 April 1921,
specially dealt with the question of the transit of passengers.
As a result of that Conference, the plenipotentiaries of the
thirty-four States represented signed a multilateral Convention
which included a “Statute on Freedom of Transit”.
MIGRANTS IN TRANSIT
57
According to Article 1 of this Statute, persons, baggage and goods, and
also vessels, coaching and goods stock and pther means of transport, are
deemed to be in transit across territory under the sovereignty or authority
of one of the contracting States, when the passage across such territory,
with or without transhipment, is only a portion of a complete journey,
beginning and terminating beyond the frontier of the State across whose
territory the transit takes place. The measures taken by the contracting
States are to facilitate free transit by rail or waterway on routes in use,
convenient for international transit. No distinction is to be made which
is based on the nationality of persons, the flag of vessels, the place of origin,
departure, entry, exit or destination. In order to ensure the application of
the provisions of the Article, contracting States are to allow transit in accordance with the customary conditions and reserves across their territorial
waters. The Statute further provides that the rate of any dues that may
be levied on persons or goods in transit is not to exceed the expenses of
supervision and administration entailed by sueh transit. They must be
imposed under the conditions of equality laid down in the preceding Article,
except that in certain cases they may be reduced or even abolished. Equitable tariffs are to be applied on routes administered by the State or under
concession tariffs so fixed as to facilitate international traffic. No charges,
facilities or restrictions are to depend, directly or indirectly, on the nationality
or ownership of the vessel or other means of transport on which any part
of the complete journey has been or is to be accomplished. The provisions
of the Statute are to be applicable only to contracting States; nevertheless,
when a valid reason is shown for the transit of nationals of a non-contracting
State by one of the contracting States concerned in the matter, the facilities
mentioned in the Statute can be made to apply (Articles 1-4).
On the other hand, certain stipulations of the Statute lay down reservations
with regard to the facilities granted. The reservations made in Article 5
seem to be aimed specially at undesirable emigrants. They lay down that
no State shall be bound to afford transit for passengers whose admission
into its territories is prohibited on grounds of public health or security.
“Each contracting State shall be entitled to take reasonable precautions to
ensure that persons and baggage, etc., are really in transit, as well as to
ensure that passengers in transit are in a position to complete their journey,
and to prevent the safety of the routes and means of communication being
endangered”. Further, Article 7 provides for deviation from the provisions
in exceptional cases (emergencies affecting the safety of the State or the vital
interests of the country), it being understood that the principle of freedom of
transit must be observed to the utmost possible extent.
These provisions have been repeated or elaborated in the
various multilateral conventions establishing the regime of routes
of international importance.
Article 8 of the Statute on the Regime of Navigable Waterways of International Concern may be mentioned, which was instituted by the General
Convention concluded on the same date (20 April 1921), also Article 30
of the Statute on the International Railway Regime, instituted by the multilateral Convention of 9 December 1923 passed at the second General Conference of the Organisation for Communications and Transit.
Another multilateral Convention on the International Regime of Sea Ports
(9 December 1923) lays down the same reservation in Article 7, relating to
the transit of passengers whose admittance to the territory is prohibited,
adding that every contracting State has a right to take general police measures, including police control of emigrants entering or leaving the territory.
It has been seen in the previous section that the multilateral Convention
of 13 October 1919 for the regulation of aerial navigation contains a provision
58
TRANSPORT OF MIGRANTS AND THEIR PROPERTY
on aerial transit. This Convention authorises aircraft, which to reach
their destination must fly over one or more contracting States, to follow
their normal route without landing if they neither set down nor take up
passengers or goods ; in other cases they must land at a prescribed aerodrome
entered in their log book (Annex H, provision 12).
Plurilateral agreements affecting the interests of a more limited
number of countries aim at the granting of similar facilities for
the transit of travellers in certain zones.
This is the case with regard to the Convention instituting the Definite
Statute of the Danube, the conclusion of which (23 July 1921) followed on
the signing of the General Convention on the Regime of Navigable Waterways of International Coneern referred to above. It institutes the same
regime of free transit for vessels and passengers on the internationalised
waterway of the Danube, and no customs duties or dues can be based solely
on the fact of transit (Articles 22 and 23 of the Statute).
The same is the case with regard to the Convention concerning the Regime
of the Straits (communication between the Black Sea and the Mediterranean)
signed at Lausanne on 24 July 1923.
These multilateral conventions, especially the Barcelona
Convention instituting the Statute on Freedom of Transit, have
influenced the conclusion of numerous bilateral agreements.
States concluding a treaty, and particularly a commercial treaty, before
the Convention had come into force and even efter, where one or other of
the Parties had not yet adhered to it, frequently entered into a general
agreement between themselves to apply the provisions of the Convention
and of the Statute on Freedom of Transit in their relations with each other
(for instance, the Commercial Treaties of 23 April 1925 (Article 17) between
Czechoslovakia and Poland ; of 4 January 1927 (Article 11) between Estonia
and Greece; of 18 December 1926 (Article 12) between Finland and Greece;
of 29 May 1925 (Article 12) between Finland and Hungary ; of 17 August
1927 (Article 29) between Germany and France; of 14 May 1926 (Article 9)
between Germany and Sweden, etc.
Some alterations should be noted, however, either in the direction of
extending the facilities conceded or in that of restricting them. There are,
for example, the treaties signed by Germany and Sweden (14 May 1926)
or those concluded between Hungary and Finland (29 May 1925), which
guarantee most-favoured-nation treatment in applying the provisions of
the Convention on Freedom of Transit; on the other hand. Article 17 of the
treaty between Poland and Czechoslovakia (23 April 1925) lays down that
“the two contracting Parties, taking into consideration their geographical
situation, undertake mutually, in connection with transport to their countries, to ensure the freedom of communications and transit established by
the Statute of Barcelona, in such a way that the contracting Parties shall
not invoke Article 7 in the event of political tension, and that the said freedom of communications and transit shall subsist even in time of war, it
being understood, however, that these measures shall not conflict with
their rights and duties as Members of the League of Nations”.
Other bilateral agreements do not refer to the Barcelona
Convention, but nevertheless contain provisions which also
MIGRANTS IN TRANSIT
59
aim at facilitating the transit of their nationals by the most
appropriate routes described with greater or less precision.
Most of these agreements make reservations with regard to persons whose
admission is prohibited and tç the application of emigration or immigration
regulations. Such provisions are encountered in the following commercial
treaties : Auslria-Rumania, 14 August 1921 (Articles 3 and 6); AustriaCzechoslovakia, 4 May 1921 (Articles); Be^o-Luxemburg Union and Poland,
30 December 1922 (Article 9); Bulgaria-Poland, 29 April 1925 (Articles 9
and 10); Czechoslovakia-Latvia, 7 October 1922 (Articles 13, 14 and 18);
Czechoshvakia-Rumania, 23 April 1921 (Article 6); Finland-United Kingdom of Great Britain and Ireland, 14 December 1923 (Article 11); GermanyGreat Britain, 2 December 1924 (Article 6 of the Protocol annexed) ; Germany-Serb-CroatSlovene Kingdom, 5 December 1921 (Article 8); Hungary-United States, 24 June 1925 (Article 13); Latvia-United Kingdom of
Great Britain and Ireland, 22 June 1923 (Article 13); Latvia-Norway, 14 August 1924 (Article 10); Norway-Siam, 16 July 1926; The Nether lands-Poland,
30 May 1924 (Article 10); Poland-Switzerland, 26 June 1922 (Article 10), etc.
The frequent use of the most-favoured-nation clause in matters of transit,
both with regard to passengers and to goods, should be noted.
A few of these treaties contain some noteworthy reservations, such as the
Treaty between the United States and Hungary, which excludes transit
through the Panama Canal and through the navigable waterways of the
canals forming the United States frontier from the scope of its provisions,
and the treaty between Bulgaria and Poland, to which a protocol is annexed
to the effect that the facilities granted to persons in transit shall be suspended
so long as the frontier between Poland and an adjacent country remains
closed.
Other general treaties contain provisions dealing specially
with the exemption of passengers in transit from taxes imposed
on persons entering or leaving a country.
For instance the Commercial Treaty of Navigation by River between
Bolivia and Brazil of 12 August 1910 exempts passengers for Bolivia from
taxes levied on persons entering and leaving, if they take ship or land at
Corumba (Article 38) ; the Treaty between Panama and the United States
of 28 July 1926 prohibits the imposition of any charge whatever on persons
proceeding from Panama to the Canal Zone or vice versa, but at the same
time stipulates that this clause is not to prejudice Panama’s right of
controlling immigration (Article 6).
A considerable number of special treaties must also be mentioned which prescribe a fixed transit route. They are often
one-sided agreements with regard to the rights and obligations
created, as their object is, either to provide an outlet to the sea
for one of the contracting Parties having no sueh access or insufficient access, or else to establish direet relations between territories which have a special interest in being connected. These
agreements contain provisions which have special reference to
such transit conditions.
60
TRANSPORT OF MIGRANTS AND THEIR PROPERTY
Without analysing them in detail reference should be made to the numerous
agreements concluded by Germany, Poland and Danzig both to define the
provisions of the Treaty of Versailles relating to free Polish transit across
the German territory on the right bank of the Vistula, and to establish Germany’s right to free transit between East Prussia and the rest of Germany,
both ordinary transit and privileged transit, that is to say, transit in special
through trains that neither stop nor allow of any communication with the
country outside during the journey (Treaties of 21 April 1921,15 May 1922,
24 June 1922,15 July 1922,10 July 1923). The Convention of 15 March 1921
between Belgium and Great Britain should also be noted ; it aims at facilitating Belgian traffic (Congo and Ruanda-Urundi) across the territory and
the territorial waters of the neighbouring British possessions ; those between
Greece and the Serb-Croat-Slovene Kingdom of 10 May 1923 to regulate
Yugoslav transit by the Salónica route, the Nettuno agreement of 20 July
1925 which regulates Yugoslav transit by the port of Fiume, etc.
An agreement between Finland and Norway dated 28 April 1924 deals
with passenger traffic on the Pasvik (Patsjoki) and on the Jakoleselv
(Vuoremajoki).
An example of another type of transit agreement is that concluded between
Finland and Russia on 28 October 1922 with regard to the free passage of
Russian nationals proceeding to Norway across the Finnish territory of
Petsama. The provisions of the Convention are very varied, and among
other matters contain regulations as to the institution of travelling permits,
the erection of shelters for the use of Russians in transit at the expense of
Finland, the upkeep of existing roads by Finland, the Russian right to
construct other roads, the conditions of aerial transit, etc.
Some agreements do not deal with prescribed transit routes,
but with particular classes of persons in transit.
Thus by an exchange of notes dated 24 and 28 March 1877, Austria and
Italy regulated the transport across their respective territories of individuals,
nationals of a third State, deported by one of the States ; the provisions of
this agreement were put into force on 15 January 1921. A declaration
signed by Denmark, Norway, and Sweden on 28 May 1919 has the same
object. The transit of deported aliens is also regulated in the Residence
Treaties of 17 December 1904 between Germany and the Netherlands
(Article 13) and of 13 November 1909 between Germany and Switzerland
(Article 19). These agreements provide that passage through the country
is authorised only if an assurance is given that the deported person will be
admitted into the country of origin; the country which deports him undertakes to readmit the individual in question if he should be prevented from
continuing his journey; the expenses incurred in transit must be paid by
the country which deports the alien.
(h) Provisions Relating Specially to the Transit
OF Migrants
In paragraph 2 of this chapter an analysis is made of certain
bilateral treaties concerned with the embarkation of emigrants
of one of the contracting Parties at the ports of the other Party
or of a third Party and with their transport by the shipping
MIGRANTS IN TRANSIT
61
companies of such a State h All these treaties contain a clause
in which the Parties promise to facilitate the journey of emigrants
in transit who are travelling towards a port of embarkation or
returning to their country by way of the same port.
Some of these treaties, eoncluded by Germany and Austria with several
of the Powers who signed the Peace Treaties of 1919, aim at restoring the
reciprocal enjoyment of eertain advantages with regard to the transit of
emigrants, which Germany and Austria under the Treaties of Versailles
and St. Germain were forced to grant to the Allies. The Treaty of
Versailles in faet, side by side with some general provisions dealing with
freedom of international transit across the German territory by land or water
(Article 821) or air (Articles 314 and 315), eontains a clause in Article 322
to the effect that Germany undertakes “neither to impose nor to maintain
any control over transmigration traffic through her territories beyond
measures necessary to ensure that passengers are bona fide in transit ; nor to
allow any shipping company or any other private body, corporation or person
interested in the traffic to take any part whatever in, or to exercise any
direct or indirect influence over, any administrative service that may be
necessary for this purpose”.
Articles 367 and 368 of the same Treaty of Peace, the terms of which bind
Germany, at the request of the Allied and Associated Powers, to ensure
their communication by rail with each other and with all other countries by
transit across the territories of Germany. They also particularly specify
that the tariffs applicable under the same conditions of speed and comfort
to the transportation of emigrants going to or coming from ports of the Allied
and Associated Powers and using the German railways shall not be at a
higher kilometric rate than the most favourable tariff (drawbacks and rebates
being taken into account) enjoyed on those railways by emigrants going
to or coming from any other ports. Germany undertakes not to apply specially to such through services, or to the transportation of emigrants going
to or coming from the ports of the Allied and Associated Powers, any technical, fiscal or administrative measures, such as measures of customs examination, general police, sanitary police, and control, the result of which would
be to impede or delay such services.
Similar obligations were imposed on Austria by Articles 285, 3Ï4 and 315
of the Treaty of St. Germain.
Among bilateral agreements relating to the transit of emigrants the treaties
concluded by the Argentine Republic with France, Great Britain and the
United States, on 10 July 1853 and with Brazil on 20 November 1857 “for
free navigation on the rivers Paraná and Uruguay” may be mentioned.
It is stated in these treaties that one of the principal objects in throwing
open the rivers Paraná and Uruguay to the commerce of the world has
been the development of commercial relations with the riparian States and
the encouragement of immigration.
On the other hand, treaties eoncluded between two powers
sometimes regulate the transit of migrants, nationals of a third
State, who enter the territory of one of the contracting Parties
Í Treaties between Germany and Belgium, Germany and France, Germany and Italy,
Germany and lÁthuania, between Belgium and Latvia, Belgium and Poland, Belgium and
Czechoslovakia ; between Italy and Albania, Italy and Poland, Italy and Czechoslovakia
(see p. 48*50).
62
TUANSPOKT OF MIGRANTS AND THEIR PROPERTY
either for the purpose of engaging in work in that country or
of taking ship in one of its ports.
An example of the first case is the protocol relating to emigrant workers
which is annexed to the Additional Agreement to the Austro-Hungarian
Treaty of Commerce signed on 9 April 1926, in which Austria provides easy
transit across Hungary for the agricultural labourers she recruits in different Central European States. The protocol provides that the transit of
migrants, nationals of th ird countries, across the territory of one of the Parties
will form the subject of a special agreement in so far as they are obliged to
cross the territory of the other contracting Party. The Commercial Treaty
of 4 May 1921 between Austria and Czechoslovakia stipulates in Article 22,
paragraph 5, that migrant labourers from third States travelling to the territory of one of the Contracting States, who are obliged to cross the territory
of the other Contracting State, shall be granted the most ample facilities,
both as regards the through journey and the crossing of the frontier. The
competent central authorities of both Parties shall come to an agreement
upon any specific regulations which may be required, more especially in
regard to health questions and passport control.
As an example of the second case, the additional protocol annexed to the
agreement relating to maritime traffic by Trieste may be cited. It was
concluded on 21 December 1922 between Italy and Czechoslovakia, and
provides that the fee for Polish passjxürt visas for transit across Czechoslovakia shall be reduced to a minimum in order to permit of the transit of
Polish emigrants travelling to Italian ports and particularly to that of
Trieste, or returning from those ports, on a reciprocal basis.
The “Agreement concerning workmen” concluded at Nettuno on 20 July
1925, by Italy and the Serb-Croat-Slovene Kingdom, deals with these two
questions of transit. The contracting Parties undertake to facilitate the
passage across their territory of workers and employees of all kinds who
are subjects of the other Party and who are proceeding to a European
country for purposes of employment, or who are going to the ports of their
territory to embark there, or who are returning home from those ports. In
particular, they undertake to reduce the fee for the transit visa on the passports of these transmigrants to 1 gold franc, to ensure the transport without
interruption and as rapidly as possible, to simplify the customs formalities
and the health measures at the frontier, in view of the health precautions
which are taken in the ports of embarkation. Moreover, an undertaking
is given that the same treatment will be granted to them as to emigrants
transported under the national flag.
To facilitate the transit of emigrants, international agreements
have been or are being concluded for the adoption of a special
card for emigrants in transit.
An agreement was concluded between Belgium and France for this special
purpose on 27 January 1926. According to its terms, the French and Belgian Governments, in order to simplify transit formalities for emigrants
passing through their respective territories, undertake to recognise the
validity for this purpose of transit cards issued to such emigrants by the
authorities of either country or by emigration agents or companies licensed
by the authorities to recruit and transport emigrants and to issue such cards.
The cards must be furnished to emigrants free of cost and they exempt them
from the consular visa. On the other hand, the State in whose territory
the port of embarkation is situated undertakes as a result of this arrangement
to force emigration agents and shipping companies, licensed on its territory,
to defray the costs which may be caused to the other State through emigrants
MIGRANTS IN TRANSIT
63
being abandoned or losing their way during transit or through their being
rejected by the country of destination. Agents and companies are specially
liable to this responsibility where the emigrant in question does not possess
a ticket, where during the journey overland in transit he has no visible means
of support and becomes a public charge, or where he does not fulfil the
conditions as regards health, morals, etc., prescribed by the regulations of
the country of destination and the countries of transit. The emigration
services of both countries must come to an agreement with regard to the
assistance which they shall afford to each other in order to force the agents
and companies that have issued cards to carry out their obligations. The
two Governments at the end of each year will furnish each other with a list
of emigration agents and companies authorised on their respective territories to recruit and transport emigrants, as well as with all modifications made
in those lists. They will also submit to each other the type of transit card
for emigrants in use in their territories.
Similar administrative measures taken by Great Britain and the Netherlands also facilitate the transit of migrants in those countries pn the responsibility of the companies who transport them.
Negotiations have been begun with a view to making the adoption of
transit cards for migrants universal. As a result of a resolution passed by
the third General Conference on Communications and Transit, the question
was laid before the Advisory and Technical Committee for Communications
and Transit, which referred the matter to a special committee of experts
for study. The report of this Committee has formed the subject of a special
communication to Governments as a result of a decision taken at the tenth
session of the Committee (March 1927) ^ An international Draft Convention
has been drawn up, the provisions of which are inspired by the PrancoBelgian agreement cited above and a model international transit card
drafted, to be used by the contracting States
In September 1928 the
following countries notified the Organisation for Transit that they accepted
ih principle the conelusion of such an international agreement : Austria,
Belgium, Bulgaria, Denmark, Estonia, France, Great Britain, Hungary,
the Serb-Croat-Slovene Kingdom and Spain “.
1 Of. League op Nations : Document C. 212M. 98. 1927, VIII. C.C.T. Tenth Session,
P.V., pp. 126-127.
2 Of. Idem, Advisory and Technical Committee por Communications and Transit ;
Document C.C.T. 307. (VIII. Transit 1927. VIII-4.)
3 On 21 Feb. 1927 the Committee o£ Experts on Questions relating to Transit Cards
for Emigrants drew up a revised text of the international Draft Convention referred to
above. According to the new text, the transit cards—by holding which emigrants leaving
Europe for oversea countries will he dispensed from the necessity of obtaining a consular
visa—will be delivered free of charge by the shipping companies to emigrants holding a
ticket for the complete voyage from the point of departure to the country of immigration,
fulfilling the conditions of admission demanded by the country of Immigration and the
country of transit, and having sufflcient means to support themselves during the journey.
The transit card may also be delivered to an emigrant who is compelled to return to his
place of departure during the journey or when landing in the Immigration country.
The transit cards will be drawn up on a model adopted at the same time as the agreement, and a central body will be responsible for printing them. This body must be notified
regularly by each of the contracting States of the shipping companies which are authorised
in their respective territories to enrol and transport emigrants from their ports; the Governments of transit countries which have serious reasons for depriving a foreign shipping
company of the use of the transit card m their territory Inform the same central body of
this fact, stating the reasons for their decision. The central body Informs the Government
of the country to which the said company belongs.
The Governments must assist in ensuring that the engagements contracted by the companies authorised to use the transit card are respected. Every contracting State will have
64
TRANSPORT OF MIGRANTS AND THEIR PROPERTY
§ 4.—Public Health Measures which Affect Migrants
Multilateral or bilateral conventions relating to public health
often react profoundly on the conditions under which emigration
and immigration take place. These conventions deal with the
transmission of information relating to the outbreaks of serious
epidemics of which they keep a record, and with the measures of
control which are taken to prevent their spread, in particular
with the disinfection of means of transport and with the conditions
under which medical control of passengers is exereised at land
and sea frontier stations. Consequently, sueh measures may
even go as far as to result in the temporary prohibition of emigration and immigration.
These conventions do not generally refer to emigrants as such
but rather to travellers as a whole. Nevertheless several of
them provide for speeial measures to be taken with regard to
different elasses of persons, among which emigrants are included
expressly or by implication.
The most comprehensive agreement in this respect is the recent multilateral Sanitary Convention signed in Paris on 21 June 1926 by seventy-two
States, for it is concerned both with transoceanic and with continental emigration. This Convention replaces, as between States that ratify it or
adhere to it, the old Sanitary Conventions of 19 March 1897 and 17 January
1912. It lays down detailed preventive health measures to be taken by
countries of emigration as well as by countries of immigration and of transit.
Section III is devoted to “Provisions relating to Emigrants”.
Article 21.—^The sanitary authority in a country of emigration shall
subject its emigrants to a medical examination before their departure. It
is recommended that special arrangements should be made between countries of emigration, of transit and of immigration, with a view to laying
down the conditions under which this examination shall be considered
satisfactory by them, so that rejections on medical grounds at the frontiers
of countries of transit and of destination may be reduced to the fewest
possible. It is also recommended that these arrangements should lay down
the preventive measures against infectious diseases to which emigrants
should be submitted in the country of departure.
the right to remove from its territory any person in possession of a transit card staying
therein without authorisation; the shipping companies which issue the card wül in this caso
be held responsible for all expenditure incurred under this head. Finally provision is made
for a system of arbitration to settle disputes concerning the interpretation or application of
the arrar^ement. (League of Nations, Advisory and Technical Committee for
Communications and Transit, 21 Feb. 1929 : Document C.C.T./C.T./4.)
PUBLIC HEALTH MEASURES WHICH AFFECT MIGRANTS
65
Article 22.—It is recommended that towns or ports of embarkation for
emigrants should be provided with an adequate health and sanitary administration and in particular : (1) a service for medical examination and treatment, as well as the necessary sanitary and prophylactic equipment; (2) an
establishment supervised by the State, where emigrants may be subjected
to health formalities, be housed temporarily, undergo all necessary medical
examinations and have their food and drink supplies examined; (3) premises
situated at the port where medical examinations at the actual time of
embarkation may be made.
Article 23.—It is recommended that emigrant ships should be provided
with a sufficient quantity of vaccines (anti-smallpox, anti-cholera, etc.) in
order to permit, if necessary, of vaccinations during the voyage.
It may be recalled that the American countries adopted at the seventh
Pan-American Sanitary Conference (Havana, 1924) a Sanitary Code, the
provisions of which regulate the health supervision of migrants and of
other passengers.
With regard to overland traffic in particular, some conventions merely
specify that similar precautions may be applied to passengers travelling in
groups or in large companies under insanitary conditions (CzechoslovakiaPoland, 5 September 1925 (Article 13); Poland-Rumania, 20 December 1922
(Article 13); Polarid-Bussian Socialist Federal Soviet Republic and the
Socialist Soviet Republics of the Ukraine and of White Russia, 7 February 1923).
Others make a point of stating that migrants must be classed among
passengers over which special watch has to be kept. This is the case especially as regards the multilateral Conventions of 19 March 1897 and 17 January 1912. Finally, some conventions lay down particularly strict measures to be applied to emigrants. The following formula which occurs in
several recent bilateral treaties is characteristic. “The contracting Parties
reserve the right to apply to certain classes of passengers . . . seasonal
labourers, fugitives, immigrants, emigrants leaving the country or returning
to their homes, and persons travelling in large groups and crossing the frontier under unsatisfactory sanitary conditions, any special measures which
they may deem essential such as : isolation of sick persons and those who
have come into contact with them, disinfection and delousing of persons and
baggage, bacteriological examination of passengers, vaccination haircut-,
ting, etc.” (Estonia-Latvia, 24 June 1922 (Article 26); Germany-Latvia,
9 July 1926 (Article 15); Latoia-Poland, 7 July 1922 (Article 14); LatviaRussian Socialist Federal Soviet Republic and the Socialist Soviet Republics
of the Ukraine and of White Russia, 24 June 1922 (Article 26).
Sanitary conventions also contain provisions with regard to the disinfection of trains and of vessels which are suspected of contagion. As far as
sanitary control of vessels is concerned, it is to be noted that several conventions make special mention of the supervision of emigrant ships. The
Sanitary Convention concluded by the Argentine Republic, Brazil and Uruguay on 25 November 1887 may be mentioned for instance. It determined
methods of inspection and isolation to be applied at the ports of those countries with regard to suspected vessels arriving from abroad, and specified the
measures to be taken with regard to vessels conveying emigrants, that is to
say, steamers with more than 100 steerage passengers on board. Quite
often conventions merely stipulate that more elaborate precautions are to
be taken, either with regard to third-class passengers or to “overcrowded
vessels”. Nevertheless, emigrant vessels are not always included in this
definition. Thus Article 16 of the Sanitary Convention concluded by the
Argentine Republic and Italy on 17 August 1912 and by Italy and Uruguay
on 4 May 1914, states that “the two Governments reserve the right to adopt
special measures with regard to vessels with unsatisfactory sanitary conditions or which are overcrowded, but emigrant vessels coming from an Italian
port and having a Royal Commissioner for Emigration on board cannot be
classed as overcrowded if they are equipped with the arrangements prescribed by the Italian and Argentine (Uruguayan) migration laws and
.
5
66
TKANSPOET OF JUGEANTS AND THEIE PEOPEETY
with sufficient apparatus for disinfection and if the number of emigrants on
board does not exceed the maximum laid down by these laws”.
Agreements, moreover, which control the sanitary condition
of passengers and particularly of emigrants before the departure
of the ship should be borne in mind. Reference to these was made
in § 1.
§ 5.—Repatriation
In connection with the subject of national regulations
(Chapter X of Volumes I and II) reference was made to the fact
that emigrants who return to their country of origin do so as a
rule spontaneously and of their own free will without any regulations intervening. As treaties, like laws, make regulations
with regard to repatriation in special cases, the following cases
will be distinguished, as in the preceding volumes (a) immediate
repatriation following rejection; (b) repatriation of settled
emigrants who are deported; (c) repatriation of recruited
labourers either under the terms of their contracts or where a
contract has been broken; (d) repatriation of destitute persons.
(a) Repateiation Following Rejection
Treaties hardly ever deal with this question as it is generally
regulated in great detail by law, especially in the case of oversea
migrants, where the expense is generally charged to the shipping
company which transported the rejected migrant. But a few
provisions on this subject are to be found in general agreements
relating to continental migration.
Residence treaties sometimes reserve the right of the contracting Parties
to refuse admission to their territories of certain classes of persons which
they judge to be undesirable. For instance, the Residence Treaty concluded
between Germany and the Netherlands on 17 December 1904 stipulates in
Article 12 that each contracting Party has a right to return to the territory
of the other Party—^without having to conform to the procedure with regard
to such return laid down by the same treaty (see below, subsection b),
the nationals of the other Party or persons who are nationals of a third Party,
who cannot produce the documents required for entry into the country, or
who are persons liable to deportation, if these persons have travelled by rail
from the territory of the one Party to the territory of the other Party and
have been stopped at the frontier station.
The same provision has been inserted into the Germano-Swiss Residence
Treaty of 13 November 1909.
*
REPATRIATION
67
Further treaties regulating the migration of labourers and the
model contracts which are sometimes annexed to them often
make provision for cases where the workers engaged fail to pass
the medical examination on arrival (cf. the analyses of these
treaties. Chapter VII, § 1).
The Administrative Agreement of 24 June 1925, for instance, which regulates the recruiting of Czechoslovakian agricultural labourers employed in
Austria, charges the repatriation of a labourer rejected on arrival to a repatriation fund instituted at the Austrian Central Office for Agricultural
Labour, to which employers contribute. On the other hand, the model
contracts of Czechoslovakian workers employed in France and the Protocol
signed by France and Poland on 3-20 February 1925 for the purpose of
applying the Labour Treaty of 1919 provide that the expenses of the return
journey shall be directly charged to the employer. The recruitment
agreement concluded by South Africa and Portugal (Mozambique) in 1928
charges them to the company that recruited the labourer.
(b) Repatriation Following Deportation
Some agreements deal with this matter only. Their purpose
is to ensure that the country of origin will re-admit aliens whose
presence has become undesirable even where at the time of
deportation the emigrant’s nationality is doubtful.
Similar provisions are often inserted in more general treaties
of residence, amity, commerce, etc., as well.
Detailed provisions contained in the Declaration signed by Germany and
Italy on 8 August 1873 regulate the granting of assistance to destitute persons and the admission of deported persons (Article 4) further, there is
the Residence Treaty concluded between Germany and the Netherlands on
17 December 1904 (Articles 6 to 11), supplemented by an exchange of notes
on 19 January 191Í, and a similar treaty concluded between Germany and
Switzerland on 13 November 1909 (Article 7) and a treaty dealing specially
with regulating the repatriation of citizens and subjects respectively of
Switzerland and the Netherlands on 7 May 1910. Besides these, the treaties
which follow also contain less detailed clauses ensuring readmission of
deported persons by their country of origin and generally that of their
family as well : Albania-Italy, Residence Treaty of 29 February 1924
(Article 2) ; Albania-Turkey, Treaty of Amity of 15 December1923 (Article 4) ;
Austria-Hungary-Switzerland, Declaration on the repatriation of deported
persons of 21-28 October 1887; Belgium-Switzerland, Treaty of Immigration
and Residence of 4 June 1887 (Article 4); Bulgaria-Turkey, Residence
Treaty of 18 October 1925 (Article 4); Denmark-Switzerland, Treaty of
Assistance, Commerce and Residence of 10 February 1875 (Article 4);
Germany-Turkey, Residence Treaty of 11 January 1917 (Article 9); Italy1 Articles 1 to 4 of this Declaration came into force again on 8 Jnly 1920.
68
TRANSPORT OF MIGRANTS AND THEIR PROPERTY
Switzerland, Declaration on the repatriation of deported persons of 2-11 May
1890; Poland-Turkey, Residence Treaty of 23 July 1923 (Article 4); SpainSwitzerland, Residence Treaty of 14 November 1879 (Article 4).
A draft plurilateral Convention on the status of aliens adopted at Havana
by the sixth Pan-American Conference on 18 February 1928 also includes a
provision by which the contracting States reserve to themselves the right
to deport, for reasons of public order and safety, foreigners residing on their
respective territories or passing through in transit. The country of origin
undertakes to receive its citizens deported in this way
Some treaties simply reserve the right to deport nationals of the other
Party who are considered dangerous : Germany-Ecuador, Treaty of Amity
of 28 March 1887 (Article 3) ; Spain-Honduras, Treaty of Peace and Amity of
17 November 1894 (Article 6); Ecuador-Switzerland, Treaty of Commerce
and Residence of 22 June 1888 (Article 3), etc.
The Commercial Treaty concluded between Germany and Lithuania on
1 June 1923 provides in Article 31 for a special agreement to regulate at a
future date the question of the repatriation of nationals of the two States.
The right of deportation is sometimes limited according to
the length of the period during which the alien has resided
in the country.
The Treaty between Latvia and Lithuania of 14 May 1921 concerning the
respective rights of citizens of the two States stipulates (Article 11) that the
grounds for deportation (subversive activity or destitution) must be communicated to the other State on request ; citizens of the other State who have
resided continuously in the one State for more than five years can only be
deported on account of one of the criminal offences of which the States are
to draw up a list.
Two agreements deal specially with the repatriation of certain classes of
prostitutes : one was concluded between Germany and the Netherlands on
15 November 1889, the other by Austria-Hungary and the Netherlands on
30 November 1888 ; their main purpose is to protect feniale minors or adult
married women who have become prostitutes against their will.
A Protocol signed by a dozen European countries on 1-14 March 1904
provides for repatriation by the shortest route of anarchists deported by
one of the countries.
Clauses relating more directly to the subject in hand are those
inserted fairly frequently in recent treaties (especially in agreements concerning the abolition of passport visas) reserving the
right of the contracting Parties to deport nationals of the other
Party who have infringed regulations concerning the residence
of aliens and of persons whose activities as workers or employees
contravene provisions aiming at the protection of the home
labour market (cf. Chapter IV, § 4).
Among many others the following treaties may be noted : Austria-Denmark, 9-11 June 1927 ; Austria-Finland, 21 July 1927 ; Austria- Great Britain,
1 Diario de la VI Conferencia internacional Americana, Havana, Feb. 1928.
REPATRIATION
69
18 July 1927; Austria-Netherlands, 25 January-1 March 1927; AustriaPortugal, 22-28 March 1927 ; Estonia-Finland, 17 May 1927 ; Finland- Germany, 14 May 1927, etc.
Certain treaties, on the other hand, limit the right of deportation
to a number of specific cases.
For example, Czechoslovakia and Germany, in dealing with the treatment
to be accorded to their respective citizens in the Protocol of 28 April 1923
and the exchange of notes of 2 May 1923, agreed that no deportation
should be ordered solely for general reasons based on the situation in the
country of residence with regard to housing and food supply. Citizens of
the other State may not be deported, moreover, for the simple reason that
they have lost their employment in the country of residence, if they are
entitled to unemployment allowances or if their maintenance is assured in
any other proper manner.
Other agreements regulate the transit of aliens deported by
one of the eontraeting States. An analysis of these will be
found in § 3 of the present Chapter (“Migrants in Transit”).
While these different treaties aim at ensuring the admission on
the part of the country of origin of individuals deported by their
country of residence, with the object of avoiding difficulties to
which this deportation might lead by assuring a place of residenee
to the deported individual, the international Arrangement of
5 July 1922 for the institution of identity certificates for refugees
stipulates that “the granting of the certificate does not in any
way imply that the refugee has a right of returning to the State
from whieh he has obtained it without special permission from
that State”. In conformity with this provision, therefore, the
State which has issued a certificate is not on this account obliged
to readmit the holder if the latter has been deported from
another country.
The application of this provision has led to practical difficulties,
and a later Arrangement signed on 30 June 1928 contains a
clause recommending the countries issuing refugees’ certificates
to replace the words “the present certificate is not valid for the
return journey” by the words “the present certificate is valid
for return to the country of issue for the duration of its validity.
It ceases to be valid if at any time the holder enters the Union
of Socialist Soviet Republics (for Russian refugees) or Turkey
(for Armenian refugees)”. But this clause has led to a reservation
by one of the signatory States—Greece—which country leaves
its authorities free to decide on the merits of each case whether
a return visa is to be granted.
70
TRANSPORT OF MIGRANTS AND THEIR PROPERTY
Another clause in the same Arrangement of 1928 recommends
States to avoid deporting refugees who find it impossible to
enter neighbouring countries by lawful means h
(c) Repatriation of Workers Recruited on a Basis
OF Labour Contracts
Agreements for the recruitment of labour, or the model contracts annexed to them, frequently describe the methods by
which workers are to be repatriated. Provisions of this kind
will be found in the general analysis of such agreements and of
model contracts in Chapter VII ( § 1 ). They contain various types
of provisions dealing with this subject.
The purpose of some of them is to make the repatriation of
workers recruited a definite obligation at the expiry of the contract that led to their emigration. This is so with regard to the
majority of agreements concerned with the recruitment of seasonal
labour, such as those by means of which Austria and Germany
procure the agricultural labour which they require for seasonal
work every year. The motives underlying this obligation are
easily understood; on the one hand, the immigration country
wishes to adjust the exact quantity of labour recruited for
seasonal occupations such as agricultural labour at each season
to the fluctuating needs of its economic situation, without allowing
alien workers to settle permanently in the country, where in the
long run they might endanger the equilibrium of the home labour
market. On the other hand, the country of emigration does not
wish permanently to lose sections of its population with which
economic circumstances force it to part for the moment; apart
from these considerations, the obligation offers a measure of
security to workers recruited by means of contracts and this
fact facilitates their recruitment. Such clauses, moreover,
often have their counterpart in legislative provisions enacted
by the countries of emigration concerned (cf. Volume I,
Chapter X, § 8). For this reason it has been possible to insert
an obligation with regard to repatriation in the agreements
1 League of Nations : Arrangement relating to the Legal Status of the Russian and
Armenian Refugees (L.S.C./ll. 1928 (1)).
REPATRIATION
71
concluded for the recruiting of labour to be employed in work
of a permanent character, such as the agreement signed by China
with Great Britain for the emigration of her subjects to different
parts of the Empire or those concluded by Portugal (Mozambique)
with South Africa for the employment of its natives in the Transvaal mines or with Rhodesia for their employment in that country’s various enterprises. It also figures in the agreement
concluded between Liberia and Spain for the recruitment cf
workers required in the enterprises of Fernando Po.
In other cases it has proved possible, however, to conclude
international agreements releasing the Parties to them from an
obligation imposed by law to repatriate workers when their
contract expires. This occurs in the case of an understanding
reached by the French Government and that of the Dutch Indies
in 1924 with regard to Javanese workers to be employed in New
Caledonia. These workers are permitted to continue in employment in the French colony on the termination of their five years’
contract if they are willing to do so h Other provisions deal
with the allotment of the expenses occasioned by the repatriation
of the workers. These are charged to the employer, the company
that engaged the labour or to a common repatriation fund; in
some cases the cost of repatriation is paid out in a lump sum as a
bonus at the termination of the contract; this bonus the worker
is not obliged to use for the purpose of returning home.
Sometimes the procedure adopted to ensure the means of
returning home to the worker varies according to whether
repatriation takes place on the termination of his contract or
before its expiry on account of illness or some other cause for
which the worker is not responsible.
The repatriation of seamen has also been dealt with by several
agreements.
A Convention adopted by the International Labour Conference at its
Eleventh Session (Geneva, 1926) stipulates that any seaman who is landed
during the term of his engagement or on its expiration shall be entitled to
be taken back to his own country, or to the port at which he was engaged,
or to the port at which the voyage commenced, as shall be determined by
national law, which shall contain the provisions necessary for dealing with
the matter, including provisions to determine who shall bear the charge of
repatriation. A seaman shall be deemed to have been duly repatriated if
he has been provided with suitable employment on board a vessel proceeding
1 Cf. Bulletin de l’Agence générale des colonies, Paris, Jan. 1925, p. 68.
72
TEANSPOET OF MIGEANTS AND THEIE PEOPEETY
to one of the destinations prescribed. The conditions under which a foreign
seaman engaged in a country other than his own has the right to be repatriated shall be as provided by national law or, in the absence of such legal
provisions, in the articles of agreement ; the general provisions shall however
apply to a seaman engaged in a port of his own country. The expenses of
repatriation (maintenance up to the time of departure, transportation
charges, accommodation and food during the journey) shall not be a charge
on the seaman if he has been left behind by reason of injury sustained in the
service of the vessel, shipwreck, illness not due to his own wilful act or
default, or discharge for any cause for which he cannot be held responsible.
The public authority of the country in which the vessel is registered shall
be responsible for supervising the repatriation of any member of the crew
in eases where the Convention applies, whatever may be his nationality, and
where necessary for giving him his expenses in advance.
Though the numerous bilateral agreements concerning the assistance to
be afforded to seamen, who are nationals of one of the contracting Parties,
and who have been left behind without means of support after having
served on a vessel of the other contracting Party, do not go into any great
detail as to the way in which repatriation is eventually to take place, they
nevertheless mention payment of the expenses of the journey home as one
of the relief measures to be adopted. The provisions of these agreements
are analysed in Chapter VI, § 7 (“Charitable Assistance”).
(d) VOLUNTAEY RePATETATION
In Volume I (Chapter X, § 5) the regulations issued by emigration countries for the purpose of facilitating the voluntary
repatriation of their emigrants are described. It is explained in
Volume II that occasionally the laws of immigration countries
provide means of assisting immigrants to depart (Chapter X,
§ 4). Fairly often, the matter is dealt with by agreement
between the countries concerned. But as the assistance afforded
in the matter of voluntary repatriation concerns destitute persons
as a rule and constitutes a form of relief, the measures described
in these treaties are so closely related to other methods of granting
relief that the provisions relating to both subjects will be considered together in Chapter VI ( § 7).
Special treaties or Articles of treaties deal with the repatriation
of certain classes of persons that are permanently assisted, such
as minors and insane persons. The examination of such provisions, together with those for the relief of such persons, will be
found in Chapter VI ( § 8).
It also sometimes happens that agreements are concluded in
which assistance for the purpose of repatriation is promised to
necessitous emigrants, even when they have not previously
stood in need of relief.
TEANSPOKT AND TRANSFER OF GOODS AND SAVINGS
73
Thus Austria-Hungary and Italy, in an exchange of notes dated 12 and
17 December 1896 agreed that, in order to facilitate the repatriation of
destitute Italian subjects, the Austro-Hungarian Government would allow
a 50 per cent, reduction on the third-class tickets of Italian subjects provided
with a written recommendation from the Italian ambassador in Vienna or
an Italian consul in the Austro-Hungarian Monarchy. This rebate could
not be granted in the case of workers to whom—according to the railway
companies’ scale of rates—reduced fares were already allowed on AustroHungarian lines. It could only be applied to isolated cases of workers who
have become utterly destitute.
South Africa axiàlndiah&YeconchiAeà an agreement of aspeeial
eharaeter; its purpose is to facilitate the repatriation, not only
of Indian immigrants who have been settled in the Union for
considerable periods, but also the emigration of persons of
Indian origin born in the Union.
This agreement was concluded as a result of the Conference held in 19261927 by delegates from the two countries, in order to arrive at a solution of
the difficulties created by the presence in South Africa of a large number of
Indians who have not easily adapted themselves to the European civilisation that is developing in that country and who are consequently regarded
by the South African authorities as an element making for economic instability. It was agreed therefore that the Union of South Africa would organise a scheme of assisted emigration for such Indians to other countries where
Western standards of living were not required and particularly to India
(cf. Chapter IV, § 2).
Under the scheme drawn up in conformity with this agreement, Indians
who desire to leave South Africa receive a bonus of £20 per head and for
each child under sixteen a sum of £10. A decrepit adult may receive a
pension instead of, or in addition to, a bonus. Free passages, including
South African and Indian railway fares, are provided. Conditions on the
voyage are strictly supervised. Measures are taken to ensure that no batch
of emigrants leaves the Union without the Indian authorities being informed.
Repatriated Indians are helped to settle in oceupations for which they are
best suited by their aptitude or their resources. Repatriated persons retain
the right to return to South Africa within three years on condition that
they refund in full the bonus and cost of passage received from the South
African Government
§ 6.—-The Transport and Transfer of Migrants’ Goods
and Savings
There is a question here, on the one hand, of the transport of
the possessions which emigrants carry with them and, on the
other hand, of the transfer of emigrants’ goods, including savings,
from the country of residence to the country of origin. Further,
1 Broiighit into force again as between Austria and Italy on 15 Jan. 1921.
2 India : Legislative Assembly Debates, Vol. IX, No. 20, 21 Feb. 1927.
74
TRANSPORT OF MIGRANTS AND THEIR PROPERTY
it should be noted that some few provisions exist which accord
facilities to emigrants for the investment of their savings in their
country of residence.
In the matter of transport of emigrants’ goods, apart from
occasional movements of population caused by war, which were
regulated by special treaties (repatriation, exchange of populations, options, etc.) and which are briefly referred to in
Chapter VIII, § 5, no special treaties seem to have been concluded,
though the subject is occasionally mentioned in emigration
treaties (cf. Chapter VII, § 1). But, on the other hand, migrants
beneflt by the general provisions contained in multilateral conventions and bilateral treaties dealing with the transport and
transit of persons (§2 and § 3 of this Chapter), and in other
treaties dealing specially with the railway transport of merchandise, such as the multilateral Convention of 1890 on the railway
transport of merchandise. Further, it should be remembered
that the internal legislation of countries often regulates such
transport, the laws of emigration countries aiming at ensuring
their security (cf. Volume I, Chapter IX, § 3), while those of
immigration countries often give immigrants permission to land
and transport their goods free of cost and exempt them from
customs duties (cf. Volume II, Chapter XI, § 1).
Further, in Chapter VIII, § 6 (“Frontier Traffic”), provisions
will be found relating to the transport of goods which inhabitants
of the frontier zone, and particularly workers domiciled in one
country and taking up employment in another, can take out
with them free of customs duties.
As to the transfer of emigrants’ savings and goods, it should
be remembered in the flrst place that the numerous multilateral
and bilateral conventions whose purpose it is to establish mutual
co-operation of postal services often enable emigrants to remit
sums of money on the same footing as other persons. Of special
importance are the multilateral agreements concluded under the
auspices of the Universal Postal Union : the Conventions of
26 May 1906 with regard to registered letters and postal orders,
the agreement of 30 November 1920 relating to registered letters,
postal orders, recovery of debts through the Post Office and
postal cheques, the Postal Convention of 28 August 1924 and the
agreements connected with it dealing with postal orders, recovery
of debts through the Post Office and postal cheques. There
TRANSPORT AND TRANSFER OF GOODS AND SAVINGS
75
are also very many bilateral agreements dealing with this
subject.
The various agreements relating to the transfer abroad of
savings banks deposits concern emigrants more closely and were
concluded more especially on their account.
Belgium and France on 31 March 1882 concluded an agreement on the
subject of Post Office Savings Banks “with a view to granting new facilities
to depositors in both countries”. The essential purpose of the agreement
was to enable funds paid in, either to the Post Office Savings Bank in France
or to the Belgian General Savings Bank and Pension Fund, to be transferred
free of cost from one bank to the other at the request of the depositor
through the agency of the postal authorities of the two countries. The
maximum amount of such transfers was fixed at'2,000 francs for each account
in 1882, but was altered so as to conform to regulations in force within the
countries, so that the revised agreement of 4 March 1897 reduced the maximum to 1,500 francs, which sum had been fixed as the maximum deposit
by the French Act of 29 July 1895. The provisions of the 1897 agreement
prescribe conditions of transfer and reimbursement and extend the concessions granted in the matter of free postage to correspondence relating to
such transfers; they expressly stipulate that with regard to the rate and
calculation of interest, the conditions of reimbursement, the purchase and
sale of annuities and the acquisition of pension books the funds transferred
become subject to the laws and regulations governing the bank to which the
funds have been transferred. Each contracting Party reserves the power
to suspend the Convention wholly or in part in the case of force majeure or
serious circumstances.
Belgium on 16 September 1883 signed a Convention with the Netherlands
relating to co-operation on the part of the Belgian Savings Bank with the
Netherlands Savings Banks, which was followed on 8 November 1902 by a
supplementary agreement for the purpose of modifying some of its details.
These agreements of 1883 and 1902 more or less faithfully reproduce the provisions of the Franco-Belgian agreements of 1882 and 1897, but do not set
any limit to the value of transfers.
The Franco-Italian Treaty of 15 April 1904, dealing with the protection
of workers, in Article 1, paragraph (a) lays down principles for an agreement
with regard to the transfer of emigrant workers’ savings. A first agreement
was annexed to the treaty itself. It only deals with the postal savings
banks of the two countries and reproduces the text of the Franco-Belgian
agreement of 1897 word for word. A second agreement, signed on 20 January 1906, extends those provisions to all savings banks.
The Frawco-PoZis/i Labour Treaty of 3 September 1919 provided (Article 14)
for the regulation of the question at a later date. In consequence, the
Treaty on Relief and Social Welfare of 14 October 1920 contains provisions
with regard to free transference of the savings of enaigrant workers based
on those of preceding agreements concluded by France with Belgium and
Italy.
The Emigration Treaty coneluded between France and Czechoslovakia on
20 March 1920 provides (Article 13) for an agreement between the French
and Czechoslovakian competent authorities to determine the conditions under
which the savings deposited by workers in the savings banks of the one
country are to be transferred to the savings banks of the other country.
Apart from the agreement with France quoted above, Italy by an exchange
of notes dated 25 September 1906 and 9 October 1906, concluded an agreement with Egypt with a view to establishing international co-operation
between the savings banks of the two countries.
An administrative agreement between the Post Office Savings Banks of
76
TRANSPORT OF MIGRANTS AND THEIR PROPERTY
*
Italy and Great Britain for reciprocal transfer of deposits was also concluded
by means of an exchange of notes dated 4 September 1907 and 25 November 1907. This agreement entered into force on 1 January 1908.
The Labour Treaty signed by Italy and Luxemburg on 11 November 1920
in Article 13 provided for a system of regulations to be agreed upon by the
authorities of the two countries in order to lay down the conditions under
which the savings deposited in the savings banks of the one country are
to be transferred to the savings banks of the other country.
In the agreement concluded between Austria and Poland on 24 June 1921
concerning the recruitment of Polish workers for agricultural labour in
Austria, a special simplified procedure is laid down for the transfer of money
on behalf of Polish workers, by means of which these transfers are passed
through the account of the Emigration Attaché at the Polish consulate in
Vienna.
The recruiting agreement concluded between Germany and the SerbCroat-Slovene Kingdom on 22 February 1928 also prescribes in Article 19
the procedure for the transfer of the savings of Yugoslav emigrants.
The recruiting agreements concluded by Portugal (Mozambique) with
South Africa and Southern Rhodesia and by Liberia with the Spanish colony
of Fernando Po institute a system by means of which a part of the worker’s
wages is held back, and the savings so obtained are transferred through
the agency of an official appointed by the country of emigration to protect
the workers recruited under the agreements (cf. Chapter VII, § 1).
Closely allied to the transfer of savings is the organisation of
the remittance of maintenance allowances to the families of
emigrants left behind in the country of origin. But, whereas
the laws of several emigration countries oblige the breadwinner
to take the necessary steps to continue the support of his dependants when he emigrates (cf. Volume I, Chapter III, § 1, (e)),
it appears that very few treaties contain stipulations ensuring
that the emigrant carries out this duty towards his family.
But the agreement concluded in 1904 between Great Britain
and China contains a clause, corresponding to Chinese law,
which stipulates that during the emigrant’s stay abroad every
facility is to be granted to enable him to remit sums of money
to his family.
Further, the Child Welfare Committee of the League of Nations
has for some time past been studying the question of how to
enforce the carrying out by breadwinners who have emigrated
of their obligation to maintain their families, with a view to
drawing up a multilateral convention on the subject.
With provisions dealing with the protection or the investment
of emigrants’ savings may be grouped provisions enabling immigrant workers to enjoy the benefits derived from the possession
of smallholdings and urban plots. Provisions with this end in
view are to be found in the following labour treaties : BelgiumFrance, 24 December 1924 (Article 5); Belgium-Luxenihurg,
TRANSPORT AND TRANSFER OF GOODS AND SAVINGS
77
20 October 1926 (Article 5); France-Italy, 30 September 1919
(Article 9); Italy-Luxemburg, 11 November 1920 (Article 7).
By the Agreement for the Recruitment of Labour, signed on
19 February 1927, the State of São Paulo (Brazil) ensures facilities
to Polish immigrant agricultural labourers for the purchasing of
plots of land suitable for cultivation; these various labour
treaties and agreements for the recruitment of labour are analysed
in Chapter VII, § 1. In the same chapter, § 5, an analysis will
be found of treaty provisions which enable old-age insurance,
pensions, life annuities, etc., to be transferred from one country
to another for the benefit of workers nationals of one Party
who have found employment on the territory of the other
Party.
78
THE GENERAL STATUS OF FOREIGN WORKERS
CHAPTER VI
THE GENERAL STATUS OF FOREIGN WORKERS
It has been explained in Volumes I and II (Chapter XI) that
when an immigrant is admitted into the foreign country where
he has chosen to reside, he passes under the jurisdiction of that
country’s laws, and his position in some respects may be very
similar to that of the citizens of the country—especially as regards
rules of law based on public policy and other considerations
which are binding on all persons, irrespective of their nationality
—but he may be in a very different position as regards his rights,
his liberty, the protection afforded him, and the duties and
obligations which he has to discharge.
Yet the regime to which he has to conform is not defined solely
by the legislation of the country in which he resides, as his country
of origin continues to watch over his interests after he has crossed
its borders. But, since his own country cannot intervene directly
on his behalf on foreign territory, it ’s only by means of international agreements that it can obtain modifications of the
system which obtains there, in favour of its emigrant nationals,
if it judges that system to be insufficiently favourable to them.
In this way the foreign workers’ status is now often governed
by the provisions of Conventions which are superimposed on
the existing rules of law. The agreements concluded with this
end in view are very numerous and also very varied; they niay
be concerned with the whole of the relations which govern the life
of an individual in a foreign country, or they may define these
relations one by one. Again, they may deal with all the nationals of a State residing on the territory of the other contracting
State, or only with certain categories among them. In this
chapter the agreements will be analysed which determine the
status of settled immigrants in general; the different sections
of Chapter VII will deal with the provisions which are specially
concerned with workers.
RECIPROCITY, EQUALITY OF TREATMENT
T9
§ 1.—Reciprocity, Equality of Treatment, and the
Most-Favoured-Nation Clause
The conditions with regard to residence in a foreign country
can be explieitly determined by treaties when the contracting
States clearly define the rights conceded or the obligations imposed. But more often such conditions are only established
relatively, that is to say, with relation to the position in
law already obtaining apart from any treaty provisions, and
which is not defined in such treaties. This is sometimes the
position in each contracting State with regard to nationals of the
other; in others it may be within each country the position of
its own citizens or subjects or of aliens who are nationals of
another foreign country. The three principal methods of
procedure adopted for the purpose of dealing with this situation
indirectly by means of conventions are the reciprocity clause,
the clause establishing equality with nationals, and the mostfavoured-nation clause
but in between these systems there
exist a series of variations or combinations of them whieh have
led to the use of an infinite number of formulae, all differing
from each other in their effects.
*
*
*
According to the prineiple of reciproeity, identical treatment is
accorded in each of the contracting States to the nationals of the
other contracting States. A principle of this kind necessitates
constant comparisons of fact, in order that one regime may be
precisely adjusted to the other. Where no treaty exists, the
system sometimes forces States to grant advantages to aliens
which by legislation are reserved for nationals only (cf., for
instance, in Chapter VII, § 5, what is said concerning the reciprocal application to aliens of the benefits of laws relating to
social insurance in certain countries), or, on the other hand.
^ Cf. Richard Riedl : The Most-Favoured-Nation Clause. Documents presented to the
Economic Committee of the League of Nations and the International Chamber of Commerce by the Austrian National Committee of the International Chamber of Commerce.
Vienna, 1928.
80
THE GENERAL STATUS OF FOREIGN WORKERS
leads them to take away such privileges by way of reprisal;
but the system is used very little by States regulating their relations through the medium of conventions.
Where it is used it is chiefly employed in a negative sense. A
clause of reciprocity is sometimes inserted by way of a reservation
serving as a guarantee in respect of some deflnite right granted
or to equality of treatment promised in certain respects.
For example, the Treaty of Amity, Commerce and Navigation, concluded
by Mexico with Sweden and Norway on 15 December 1885, after declaring
that the nationals of the one contracting Party shall enjoy the same civil
rights as nationals of the other Party, adds that the contracting Parties
“not desiring that the equality to be created should be destroyed if one of
the Parties were to impose a restriction on the enjoyment of these rights
which is not imposed by the law of the other Party, agree to reserve
the right to institute, each within its own territory, in accordance with the
principle of international reciprocity, the same restrictions and disabilities
with regard to the subjeets and citizens of the other contracting Party as the
latter may impose within its own territory on citizens or subjects of the
first Party”.
*
* *
A large number of treaty provisions are based on the prineiple
of equality of treatment with nationals. Some treaties are
exclusively, or almost exclusively, based on this principle.
Perfect equality is attained in treaties concluded on the model of the Treaty
of Peace and Amity signed by Guatemala and Salvador on 8 May 1876,
which stipulates that the citizens of San Salvador in Guatemala and those
of Guatemala in San Salvador shall be considered as being citizens of the
country in which they reside and will be granted the same rights and prerogatives as are enjoyed by the nationals of the country, on condition that they
shall submit themselves to the same duties, services and obligations as are
imposed on nationals. Similar provisions are to be found in the peace treaties concluded between Honduras and Salvador on 31 March 1878 and
by Nicaragua and Salvador on 17 November 1883. Without being so eomplete, a large measure of equality of treatment is nevertheless accorded in
the Treaty of Amity concluded between the Argentine Republic and Bolivia
on 9 July 1868, in which there occurs only one exception (with regard to
political rights), or again in the treaty dealing with the respective rights of
citizens signed by Latvia and Lithuania on 14 May 1921, in which equality
of treatment is extended to all matters except the right to own real estate,
with regard to which the provisions of Acts and Regulations in force within
the territories of each Party relating to aliens continue to be applicable.
Further, the draft multilateral Convention relating to the treatment of
foreigners, prepared in 1928 by the Economic Committee of the League of
Nations and recently submitted to Governments for examination, is based
on the principle of equality of treatment with nationals apart from certain
exceptions which are specified in the text of the draft Convention K
1 League op Nations : Document 0.174, M.53, 1928 II.
RECIPROCITY, EQUALITY OE TREATMENT
81
Where treaties regulating the right of residence on the part of
nationals of one contracting Party in a colony, protectorate or
mandated territory governed by another Party are concerned,
equality of treatment for nationals can be interpreted in two different ways : as signifying equality with the citizens of the colonising or protecting State or equality with the subjects or protected persons inhabiting the colony, protectorate or mandated
territory in question.
Thus the text establishii^ certain mandates (cf. Chapter VIII, § 4)
contain a clause according to nationals of all States Members of the League
of Nations the right to establish themselves on the mandated territory under
the same conditions as the citizens of the mandatory Power. The treaties
concluded later with States non-members of the League Of Nations, such
as those signed by the United States and the mandatory Powers administering the different territories contain the same clause of equality with the
citizens of the mandatory Power. In accordance with the same principle
the treaties concluded by Great Britain, with Denmark (14 July 1921), Norway (22 April 1921), Portugal (9 December 1920), Sweden (8 July 1921), etc.,
regulating the position of Danish, Norwegian, Portuguese and Swedish
subjects in Egypt after the Abolition of the Capitulations, stipulate that
the nationals of the contracting Parties are to enjoy in regard to public
liberties, the administration of justice, private rights, including landed
property and mining rights, the liberal professions, industrial and commercial
occupations, and taxes and duties, the same treatment as British nationals.
Sometimes the same treatment is accorded in certain respects to natives,
citizens of the mother country and to the nationals of the contracting Party;
the Residence Treaty concluded between France and Italy on 28 September
1896 declares that, with regard to their persons and their goods, Italian subjects will be received and treated in Tunis on the same footing as the natives
of Tunis and as French nationals. They will enjoy the same rights and privileges if they submit to the conditions, contributions and other charges
imposed on the natives and on French nationals. Further, in conformity
with other clauses of the agreement, Tunisians will also enjoy equality of
treatment with Italian nationals with regard to residence in Italy.
*
*
*
The most-favoured-nation clause is the procedure most frequently adopted in residence treaties. A great number of
examples could be cited. But the use which has been made of
this clause has often been so lacking in precision that its application has caused great difficulties. For this reason it would
seem that certain States are avoiding its use, while those which
still employ it are more prudent with regard to its use and strive
strietly to limit its scope. It has even seemed advisable to prepare a multilateral agreement with regard to the employment
of this clause, but the Committee of Experts for the progressive
codification of International Law, which examined the question
6
82
THE GENERAL STATUS OF FOREIGN WORKERS
in 1927, removed the question from the programme of codification as the difficulties raised by it were too serious to be solved
in a brief space of time
A study of the subject has again been
undertaken by the Economic Committee of the League of Nations
with a view to determining uniform regulations to be adopted,
both with regard to the drafting of the clause and with regard to
its interpretation and application, but so far this examination
has been restricted to a study of the tariff system.
Among bilateral treaties a special treaty concluded for the purpose of establishing the most-favoured-nation regime may be
mentioned as being especially characteristic.
On 21 July 1887 Germany and Paraguay signed a Treaty “destined to
ensure mutual most-favoured-nation treatment”. Aceording to its provisions the representatives and the diplomatie, consular and shipping agents
of the one contracting Party are to enjoy in the country of the other Party
the same rights, privileges, advantages, immunities and exemptions as are
at present or in future conceded to the representatives and the diplomatic,
consular and shipping agents, as well as to the subjects and citizens of the
most favoured nation. But the final Protocol makes a reservation in declaring that German subjects shall not by reason of the stipulations of the Treaty
claim the freedom of trade reserved by Article 13 of the Treaty between
Paraguay and Brazil with regard to the province of Matto Grosso. Nevertheless, if at a future date these rights should be conferred on another nation,
they shall also be conferred on Germany and its nationals.
Reservations with regard to the most-favoured-nation clause,
such as that made with regard to Matto Grosso in the Treaty
between Paraguay and Germany referred to above, are of frequent
occurrence. They refer to States placed in a specially favoured
position by reason of close relations existing between them and
one of the contracting Parties.
For instance, the regime of almost complete equality which the Central
American States have established with regard to their respective nationals,
either as a result of the plurilateral Convention of 1872 or by later bilateral
treaties, has frequently led those Central American States which have concluded treaties with other countries to insert a reservation with regard to
the application of the most-favoured-nation clause, exempting from it the
special rights granted to the Central American Republics. This is true, for
instance, in the case of the Treaty of Amity and Commerce coneluded between Belgium and Honduras on 25 March 1909, Germany and Honduras on
12 December 1888, Spain and Honduras on 17 November 1894 and Germany
and Guatemala on 20 September 1887. A reservation relating to the treatment accorded to other Latin-American nations is inserted in the Treaty
concluded by Chile and Switzerland on 31 October 1897. Similar reservations
1 League of Nations : The Most-Favoured-Nation Clause. Report adopted by the
Committee of Experts for the progressive codification of International Law, Third Session,
March-Aprfi 1927, C.205, M.79, 1927, V. (C.P.D.I. 97 (1)).
RECIPROCITY, EQUALITY OF TREATMENT
83
are also sometimes made in treaties granting such privileged treatment. The
Treaty concluded between Latvia and Lithuania relating to the respective
rights of their citizens (14 May 1921) contains in Article 15 the following
clause : “In view of the close relations subsisting between Latvia and
Lithuania, the two States declare that the special rights granted reciprocally under the present Convention do not constitute grounds for any other
State whatsoever demanding equal rights for itself”.
The application of the most-favoured-nation clause is subject
to further limitations ; in order to avoid equality with the nationals
of certain States the contracting Parties can exclude certain specified advantages from its scope of application.
A striking example of such a reservation, clearly demonstrating a distinction frequently made between general regulations regarding residence and
the special regulation of immigration as such (and especially the immigration of workers) is afforded by the Treaty ot Commerce concluded between
Austria and France on 16 May 1928. The final protocol expressly states
that the most-favoured-nation treatment on which the residence clauses
of the Treaty are based “does not extend to the advantages granted by means
of special Conventions concluded by one of the contracting Par ties with
third States, with a view to regulating the employment of alien workers,
including salaried employees”.
*
*
*
The three systems which have been described are not always
encountered in their pure form. There are many intermediate
systems in existence as well as various combinations of the systems.
The treaties concluded by some federal States may serve as
examples of a system lying half-way between equality of treatment
with nationals and most-favoured-nation treatment.
The Residence Treaty concluded between Belgium and Switzerland on
4 June 1887 places Belgians in every canton of the Confederation, not on a
footing of equality with the citizens of the canton, but on a footing of equality with the inhabitants of other Swiss cantons as regards the right of residence, the fiscal system and the following of all kinds of industr-al and commercial occupations.
As regards combinations of the systems, it should be observed
in the first place that very often the three clauses referred to are
used simultaneously, each with regard to a different matter.
It should be noted that in residence treaties in general equality
of treatipent with nationals is usually accorded with regard to
the enjoyment of civil rights, very often also with regard to
the protection of the law courts, whereas on account of the
restrictions existing in many countries on the acquisition of
84
THE GENERAL STATUS OF FOREIGN WORKERS
§.
property rights by foreigners, the most-favoured-nation clause
is generally chosen to establish the rights of the contracting
Party in those respects. But these combined formulae are often
more detailed and are introduced for the purpose of producing
interactions that may profoundly modify the situation. For
instance, as was seen above, a reciprocity clause is sometimes
added to provide a measure of retaliation as a guarantee that
the system of equality with nationals will be enforced (see the
Treaty of 1885 between Mexico, Sweden, and Norway). The
same object is sometimes achieved by means of a combination
of the reciprocity system with the most-favoured-nation regime.
In the final protocol cited above, which defines certain points of the Commercial Treaty between Austria and France, it is agreed that “if as a result
of alterations made after the signing of the Convention in the laws and regulations of one of the contracting Parties, the treatment resulting from the
most-favoured-nation clause becomes less favourable in one State than in
another, negotiations shall be entered into with a view to placing the
system on a footing of real reciprocity”.
The systems of equality and of most-favoured-nation treatment
are also sometimes combined in order to grant to nationals of the
contracting Parties the most favourable treatment that can be
obtained. The regime of equality with nationals is generally
found to offer the greatest advantages in practice, as States
hesitate to grant to foreigners rights and advantages which are
superior to those which they accord to their own subjects. Nevertheless an important exception to this rule is to be found in the
treaties that have established Capitulations; apart from this
special system, which in any case is to disappear shortly, it has
happened in a number of cases that special exemptions have been
granted to aliens in the case of exceptional charges and taxes.
If in a treaty therefore a simple system of equality is adopted,
the nationals of the contracting Party may be placed in an unfavourable position as regards advantages enjoyed by the nationals
of States which have concluded treaties based on the regime of
the most favoured nation. In order to avoid such inequalities
a combination of the two systems is frequently adopted, and a
declaration made to the effect that the nationals of the contracting Party are with regard to fiscal matters to receive the same
treatment as nationals or as the nationals of the most favoured
nation where the latter is the more advantageous of the two.
The various systems just examined which have been estab-
CONDITIONS OF RESIDENCE
85
lished by means of conventions are not in any way rigid. They
are incessantly being modified. Whereas in the system of
reciprocity, or that of equality with nationals, modifications
are introduced corresponding with variations in the internal
legislation of contracting States on which they are based, the
system embodying the principle of equality with that of the
most favoured nation is varied to correspond with provisions of
treaties concluded by one of the contracting Parties with other
countries. An additional advantage conceded by another treaty
enables all States to which most-favoured-nation treatment
has been granted to reap the benefits conferred, while on
the other hand the disappearance of a specially advantageous
treaty takes away the advantages conceded in it from all the
States that partook of them in virtue of the most-favourednation clause.
Therefore, in order to make the future enforcement of the clause
more secure, contracting States sometimes expressly stipulate
that the nationals of the contracting Party are to enjoy not only
all the advantages conceded to the most favoured nation, but also
any advantages to be conceded in the future.
§ 2.—Conditions of Residence
The expressions “residence” and “conditions of residence” are
used in this volume, as already explained, as an equivalent for
the French word établissement. The latter is a very comprehensive term and is not very precisely defined. To establish
oneself in a country is to make one’s home there and to dwell
within the network of the legal, political and social relationships
which make up the life of an organised society.
A treaty regulating conditions of residence ought therefore to
embrace all the different provisions by which the status of an
immigrant is determined. This very rarely happens, partly
because it would serve no useful purpose if treaties intervened
on points where the existing rules of law, referring to all
foreigners residing in the contracting States, is deemed satisfactory by those States, partly because the most delicate problems
are often left to be regulated in detail by means of special agreements dealing with each point separately.
86
THK GENERAL STATUS OF FOREIGN WORKERS
But certain treaties termed in French traités d’établissement
(residence treaties) define a great many of the conditions under
which the nationals of one contracting State live and work in
the territory of another State in which they have made their
home.
Special mention must be made of the following treaties : Albania-Italy,
29 February 1924; Austria-Switzerland, 7 December 1875 (re-enfprced by a
treaty dated 25 May 1925); Austria-Turkey, 28 January 1924; BelgiumFrance, 6 October 1927; Belgium-Switzerland, 4 June 1887; Bulgaria-Turkey,
18 October 1925; Denmark-France (concerning Greenland), 12-19 October
1925 ; Denmark-Switzerland, 10 February 1875 ; Ecuador-Switzerland, 22 June
1888; France-Italy, 28 September 1896 (relating to Tunis), and 3 December
1927 (residence in France or in Italy); France-Japan, Protocol concerning
residence in Indo-China, 30 August 1927; France-Switzerland, 23 February
1882; Gvnmny-the Netherlands, 17 December 1904; Germany-Switzerland,
13 November 1909; Germany-Turkey, 12 January 1927; Germany-TJnion
of Socialist Soviet Republics, 12 October 1925; Hungary-Turkey, 20 December 1926; Italy-Serb-Croat-Slovene Kingdom, 21 August 1924; PolandTurkey, 23 July 1923 Salvador-Switzerland, 30 October 1883; SerbiaSwitzerland, 4 February 1883; Spain-Switzerland, 14 November 1879 and
4 August 1926, concerning the Spanish zone in Morocco ; Switzerland-Turkey,
7 August 1925; United States-Switzerland, 25 November 1850.
The residence of foreigners is also one of the subjects with
which the Economie Committee of the League of Nations is
dealing at present. A draft multilateral Convention relating to
the treatment of foreigners was submitted to Governments for
consideration in April 1928. Chapter II, headed “Establishment
of Foreign Nationals”, contains provisions relating to freedom of
travel and sojourn, the exereise of trade, industry and occupations,
to civil and legal guarantees, to property rights, exceptional
charges and to fiscal treatment^.
Apart from the residence treaties referred to above, clauses
are sometimes inserted in treaties of amity or of commerce anS
navigation, in consular Conventions, etc., which are just as far
reaching in their effeet on conditions of residence. It should be
noted that the different conditions imposed by these treaties are
intended to govern the life of the settled immigrant and not as a
rule to regulate the migrant’s admission into the eountry. The
eonditions of residence are in this sense quite different from conditions of admission, or at any rate a clear distinction is drawn
‘ Applicable to Danz^ in virtue of the adhesion of the Free City on 7 May 1925.
2 Economic Committee : Draft Convention on the Treaiment of Foreigners, C.174, M.53»
1928, II.
CONDITIONS OF RESIDENCE
87
&t the present day between them, although it appears that when
the older residence treaties were being negotiated it was often
the intention of the negotiators to regulate both admission and
residence. But in recent treaties a careful distinction is made as
a rule between the situation of the intending and that of the
settled immigrant, and special reservations often stipulate that
enactments and regulations relating to admission must first be
complied with before provisions relating to residence can come
into play with regard to each individual case.
The different terms in which reservations encountered in very
many of these treaties are couched, and especially in those
concluded by the United States with Asiatic States, have been
referred to already (cf. Chapter IV, § 1 and § 2).
Apart from the question of admission, which is also dealt
with by some of these residence treaties, there remain a vast
number of subjects for them to deal with which properly come
within their scope.
First of all, the conditions of travel within the territory and
the right of crossing and recrossing its boundaries for short
periods, or the right to reside and to settle down in the
different regions or localities of the country. It is not at all
uncommon for reservations to be made with regard to these
matters, where zones are in question which are important from
the point of view of national defence, and sometimes the right
to reside in certain districts may also be limited for other
reasons.
Thus in the final Protocol of the Treaty of Commerce concluded between
Poland and Czechoslovakia on 23 April 1925, it is stated that, in applying
the provisions relating to residence, the two contracting Parties reserve the
power to refuse the right of residence to nationals of the other Party if the
foreign population admitted shows a tendency to concentrate in excessive
numbers in districts whose economic importance does not justify such concentration.
Furthei, many different kinds of provisions are inserted in the
same treaties for the purpose of defining the rights and obhgations
of foreigners who have settled; thus provisions may be encountered dealing with the enjoyment of civil and political rights,
the legal capacity of persons and the nationality of migrants and
of their descendants, with judicial guarantees accorded—especially the conditions under which nationals of the contracting
Party can have recourse to the law courts—with the charitable
88
THE GENERAL STATUS OF FOREIGN WORKERS
assistance which can be extended to them, the exercise of
property rights, or the duties and obligations that rest on them
either with regard to taxation or military and civie service.
All these subjects will be dealt with point by point in greater or
lesser detail in so far as they are important from the point of view
of the subject matter of the present volume.
Residence treaties as a rule also deal with the right of nationals
of the contracting Party to engage in industry, commerce and the
professions, in respect to which matters they often make eertain
reservations; sueh provisions are examined in Chapter VII which
deals with workers (cf. §3, “Admission to Trades and Professions”).
Finally, it should be recalled that a great many residence
treaties reserve the right of the contracting Parties to deport
nationals of the other Party whose conduct or destitution has rendered their presence undesirable in the country where they reside :
in these treaties the country of origin promises to readmit individuals so deported at any time. This question is referred to
in Chapter V ( § 5, (&)), except as regards minors and incapacitated
persons, with regard to whom reference should be made to § 9
of the present chapter.
All these very varied provisions form part of the international
system of regulations with regard to residence in foreign countries.
§ 3.—Civil and Constitutional Rights
The principal purpose of “residence” clauses in treaties is to
eliminate or at least to diminish the existing differences between
the position in law of foreigners and of nationals with regard
to the exercising of important rights—both political and civil—
which the constitutions of countries as a rule formally grant to
nationals only.
As regards civil rights, it is not unusual for treaties to state
that they are to be freely granted to nationals of the other contraeting Party on a footing of equality with the inhabitants of
the country as the first concessions made to them.
If such a recognition of civil rights is granted without restrietions, it may render an enumeration of personal and special rights
superfiuous (property rights, right to engage in commeree, etc.);
CIVIL AND CONSTITUTIONAL BIGHTS
89
but the process of enumeration is often preferred by the contracting States as, on the one hand, it enables rights to be limited and
reservations to be made on certain points, while, on the other
hand, it serves as an exact statement of the chief rules of law
of the country, which are to be applicable to the foreigners
in question and so defines with greater precision the extent of
the rights conceded. Thus it often happens that a treaty in its
first clause recognises in general terms the equality of nationals
of the contracting Party with the inhabitants in the matter of
private law, while afterwards specifying the different subjects to
which this right is to be applied in the concrete.
In some treaties States have even been careful to ensure that
such civil rights and guarantees, especially the right of engaging
in a trade or profession, shall not be taken away from nationals of
either of the Parties at a moment when both international law
and usage and municipal law would allow of their being withdrawn from foreigners, that is to say, when war breaks out
between the contracting States.
It is very much more unusual for full political rights, including
that of the franchise, to be formally granted, it may even be said
to be quite the exception. Sometimes even treaties making the
most liberal concessions to the nationals of the other Party, and
granting full equality of rights to citizens of the one country
residing on the territory of the other, specify that an exception
is to be made with regard to political rights. It even sometimes
happens that in the provisions laying down conditions of residence, a special stipulation is made to the effect that the nationals
of the other Party to whom the right of residence is granted must
take no part in the politics of the country. Such a stipulation is
to be found for instance in the plurilateral Convention, the text
of which was adopted by the sixth Pan-American Conference
(Cuba, 1928).
Nevertheless, even political rights are occasionally mutually
conceded by countries bound to each other by close ties of race
and common interest, as was the case with the Central American
States in the Pact of Union of 1872, and in several otl^r bilateral
treaties concluded later.
Other treaties, without according the full political rights
enjoyed by the citizens of one State to the nationals of another
contracting Party, recognise some of these rights. Among the
90
THE GENERAL STATUS OF FOREIGN WORKERS
rights which are most frequently limited by the constitution
or by law (cf. Volume II, Chapter XI, § 8), the right of association should be mentioned. Restrictions on this right are
often partially removed by treaties. It is unusual for such a
right to be formally accorded by treaty, yet a few cases can be
mentioned. The right to form trade associations or to become
members of the unions existing in the country is granted to the
nationals of the other contracting Party by several labour and
recruiting treaties; these are referred to later (Chapter VII, § 5),
together with those concerning the right of immigrant workers
to become members of works councils or mixed judicial councils
(joint industrial councils) and of conciliation and arbitration
committees.
Treaties frequently stipulate that the Government of the
country of immigration is to authorise and even to facilitate the
organisation and functioning of all kinds of mutual societies
(consumers’ co-operative societies, co-operative societies concerned
with credit, production, employment or savings, mutual relief
societies, etc.), formed by emigrants from one country.
Provisions relating to these rights are encountered in the Franco-Italian
Labour Treaty of 1919 (Article 17), in the Franco-Polish Convention on Assistance and Public Relief of 14 October 1920 (Article 11), in the Italo-Luxemburg Labour Treaty of 11 November 1920 (Article 7), in the Brazilo-Italian
Labour Treaty of 1921 (Article 5), and in the Brazilo-Polish Agreement
of 1927 (Article 8).
It also sometimes happens that the right of association is
granted to foreigners, together with more extensive concessions.
For instance, the Convention on the respective rights of citizens, concluded
by Latvia and Lithuania on 14 May 1921, stipulates that each contracting
State guarantees to citizens of the other State residing on its territories as
well as to its own nationals natives of the other State, that they shall be
allowed freely to develop their national and cultural organisations, that no
obstacles shall be placed in their way and they shall not be restricted more
severely than any other organisations existing in that State for similar
purposes.
The recognition of the right of asylum for political refugees
is closely r^ated to the coneession of political rights. This right
is quite often granted by constitutional and statute law (see
Volume II, Chapter 3, § 1, (b)), but is also sometimes affirmed by
treaty : for instance in Article 9 of the Treaty of Commerce, Amity
and Navigation concluded between the Argentine Republic and
LEGAL CAPACITY
91
Bolivia on 9 July 1868, the two contracting Republics recognise
the principle that the right of asylum granted to persons accused
of, or refugees as a result of, a political offence is inviolable,
while undertaking to prevent abuse of this right.
Other treaties often provide for supervision in respect of abuses
that may be made of the freedom and the rights so granted.
This is the case with regard to several treaties concluded by the Central
American States between themselves at times of political difficulty; a recent
example in Europe is the Treaty of Union and Fraternity concluded between
the Union of Socialist Soviet Republics and Turkey on 16 March 1921, in
which the contracting Parties “undertake not to tolerate the presence on
their respective territories of organisations and associations composed of
elements which arrogate to themselves a right of governing their country of
origin and fight against it or against another country”. Similar provisions
are to be found in the Treaty establishing the fundamental principles which
are to apply to the relations between Japan and the Union of Socialist
Soviet Republics of 20 January 1925 (Article 5).
A very large number of treaties also contain a clause relating
to liberty of conscience, freedom to exercise any religious worship
or to conduct funeral ceremonies according to the rites prescribed
by the national religion.
§ 4.—'Legal Capacity
In nearly every country the regulations with regard to the legal
capacity of foreigners are matters of personal status. So long as
the immigrant has not been definitely absorbed into the national
population, questions of minority, guardianship, marriage, etc.,
are decided according to the law of the country of origin. This
appears to be a rule generally admitted in international relationships, without States having judged it necessary to embody it
explicitly in treaties.
But in recent treaties which arrange legal relations as a whole
between contracting States, attention is sometimes drawn to it,
for instance in the Convention respecting Conditions of Residence
and Jurisdiction concluded on 24 July 1923 at Lausanne between
several Powers and Turkey, as well as in different treaties concluded by Turkey at this same period.
The legal capacity of persons, however, gives rise to a number
of international difficulties which States seek to solve by means
of treaties.
92
THE GENERAL STATUS OF FOREIGN WORKERS
In connection with this subject, some questions should be examined which have been the object of international conventions
and are of special interest to migrants : conflicts of laws arising
out of acts in which individuals of different nationalities are
concerned, such as marriage, divorce, judicial separation, and inheritance, the organisation of the protection of minors and incapacitated persons residing in a foreign country, etc. Further, it is
necessary to examine the measures that have been adopted with
regard to persons without nationality or refugees in whose case
the basis recognised by all countries does not exist.
Though it is impossible to examine each of these questions in
detail reference will be made to the multilateral agreements which
resulted from the Conferences on Private Law at The Hague.
Though these Conferences were not world-wide, they were
attended more especially by Western and Central European States
and have influenced the direetion in which international regulation
of these questions has developed, while provisions contained in
these Conventions have frequently been inserted in bilateral
treaties.
(a) Questions relating to Marriage
Under the auspiees of the International Conferenees on International Private Law at The Hague, a Convention was concluded
on 12 June 1902 for the purpose of adjusting conflicts of laws
with regard to marriage.
It formulates as a general principle that the right of contracting a marriage
is controlled by the laws of the countries to which the partners to the union
belong, provided that such laws do not contain a specific reference to
another law. But the laws of the country in which the marriage was contracted can intervene in a number of special cases defined by the Convention, either for the purpose of prohibiting a marriage on the part of
foreigners which would be contrary to such laws, or for that of permitting
foreigners to contract a marriage in spite of prohibitions imposed by the
legislation of their own countries.
Further, a Convention of 17 July 1905 adjusted conflicts of
laws relating to the effect of marriage on the rights and
duties of the parties to it towards each other and to that on the
property of the persons concerned.
LEGAL CAPACITY
93
(b) Questions of Divorce and of Judicial Separation
A Convention concluded by the same Conference on 12 June
1902 adjusts conflicts of laws and jurisdiction with regard to
divorce and separation with a view to establishing rules which
should be applied where foreigners sue for divorce when they
do not reside in their native country or when the husband and
wife are not of the same nationality.
(c) Questions of Inheritance
A draft multilateral Convention dealing with the adjustment
of conflicts of laws relating to questions of inheritance and of
wills was also prepared by the International Conferences on
Private Law at The Hague in 1925 and 1928
(d) The Protection of Minors and Persons
WITHOUT Legal Capacity
International regulations have also been framed for the purpose
of arranging for the protection of minors and incapacitated persons stranded in foreign countries. As regards the guardianship
of minors, a Convention of the Conferences on Private Law at
The Hague, dated 12 June 1902, specified the measures which
were possible and desirable from an international point of view
with regard to foreigners who on account of their age were in need
of special protection.
The guardianship of a minor is, according to this Convention, regulated
by the legislation of the country of origin. If the legislation of that country
makes no provision for guardianship in the case under consideration, the
diplomatic or consular agent of the country is enabled to provide for it
with the authorisation of the minor’s country of origin and in conformity
with the legislation of that State if the State where the minor habitually
resides raises no objection. The guardianship extends to the person and the
whole of the property of the minor, wherever they may be situated. An
exception to this rule may be made with regard to immovable property
which, according to the legislation of the country where it is situated, is
governed by special provisions for real property
1 In all that concerns the draft Conventions passed by the Conference on International
Private Law at The Hague in 1928, cf : Actes de la sixième session tenue du 5 au 28 janvier
1928. The Hague, National Printing Office, 1928.
94
THE GENEBAL STATUS OF FOEEIGN WORKERS
The Convention refers only to the guardianship of minors, nationals of a
contracting State, habitually residing on the territory of one of the contracting States ; where the minor concerned is a national of one of the eontraeting
States, however, the neeessary steps for the protection of the person and
interests of an alien minor may be taken by the local authorities until such
time as his guardianship shall have been arranged for, or in any urgent
case. The authorities of a State, on the territory of which there is an alien
minor for whose guardianship arrangements have to be made, must notify
the authorities of the minor’s country of origin of this fact as soon as it
becomes known to them. These latter authorities must at the earliest possible moment advise the authorities who notified the case as to whether the
guardianship has been or is to be instituted. This Convention has been
supplemented by the additional draft Convention adopted on 28 January
1928 by the sixth Conference on International Private Law, which has reference to minors without nationality, the arrangements for whose guardianship are entrusted to the authorities of the place in which they reside, in
conformity with the legislation of that place.
Numerous bilateral treaties also regulate the question of the
guardianship of alien minors. These provisions are inserted
especially in legal or consular conventions, the protection of minors
and the arrangements for the guardianship of the nationals of a
State being generally entrusted to the consul representing that
State in the country in which the minor has to be cared for. Most
of these treaties have adopted the principle enunciated by The
Hague Convention of 1902. At the same time, certain variations
of that principle are to be found in some of these international
regulations.
Thus the Conventions relating to the regulation of judicial relations, concluded on 7 May 1925 by Czechoslovakia and Rumania and on 17 March 1923
by Czechoslovakia and the Serb-Croat-Slovene Kingdom, after declaring
that it shall be the duty of the consular authorities of the two contracting
Parties to arrange for the guardianship of the person and entire property of
their nationals, go on to add that the local authorities may adopt urgent
measures for the protection of the minor until the guardianship of nationals
of the other State residing on their territory shall have been arranged for.
These measures may be rescinded by the authorities of the ward’s country
of origin. If, however, the interests of the ward render such action necessary, the latter may transfer, after hearing the ward and his legal representative, the entire guardianship of the person and property to the authorities
of the other State. These authorities shall then apply the laws of their
own country. Their decisions, immediately they become final, shall be
recognised as valid in the territory of the other contracting State.
Contrary to the provisions of The Hague Convention, the Treaty relating
to guardianship concluded by Germany and Austria on 5 February 1927
stipulates that guardianship shall be exercised by the authorities of the
country of residence, and that the legislation of the country of which the
authorities assume guardianship shall be applicable in all respects, except
as regards the date on which thç guardianship is to commence and to cease
and the reason for its assumption, these questions being decided by the
legislation of the country of origin. The guardianship extends to the person of the minor and to the whole of his property, no matter where such
property may be situated.
LEGAL CAPACITY
95
With regard to insane, spendthrift and feeble-minded adults,
a Convention was concluded under the auspices of the Conferences.on Private Law at The Hague on 17 July 1905.
According to this Convention, disability is governed by the legislation
of the country of origin of the incapacitated person and the authorities who,
according to that legislation being competent to do so, make the order
depriving him of his civil rights (interdiction) or arrange for his curatorship.
Any necessary provisional measures can in all cases be taken by the local
authorities, who must notify the authority of the country of origin. If the
latter should abstain from intervening or replying for a period of six months
the local authority may proceed to make the order depriving the person
concerned of the right of dealing with his property. In this case, if the legislation of the country of origin of the incapacitated person contains a provision entrusting supervision to a particular person, such provision shall be
respected as far as possible.
All the provisions of the Convention apply indiscriminately to the person
and to the movable and immovable property of the incapacitated person,
except as regards immovable property subject, according to the legislation
of the country in which it is situated, to special regulations dealing with
landed property. They are also applicable to the deprivation of civil
rights (interdiction) as such, the institution of a curatorship and the appointment of a judicial council as well as to all similar measures involving a restriction of civil rights.
Bilateral treaties also frequently make regulations for the protection of incapacitated persons and minors, nationals of one eontracting Party, residing on the territory of the other Party. In
particular the eonventions quoted above concerned with arrangements for the guardianship of minors also contain provisions
relating to the curatorship of incapacitated persons.
(e) The Legal Status and Capacity of Persons without
Nationality
These same questions have also been examined internationally
from the point of view of individuals without nationality. The
Conference on International Private Law which met at The
Hague in January 1928 undertook the task of regulating the status
of persons without nationality in several respects. The special
solutions called for in the case of these persons were embodied in
draft Conventions which were adopted by that Conference and
which form an essential supplement to the preceding Conventions ;
the Convention on conflicting marriage laws (1902); the Convention on conflicting laws relating to the effect of marriage on the
rights and duties of the husband and wife (1905); the Convention
96
THE GENERAL STATUS OF FOREIGN WORKERS
on conflicts of laws and jurisdiction with regard to divorce
and legal separation (1902). Without entering into further details
it may be pointed out that in the supplementary draft Conventions
to the Convention on Guardianship (1902) and the Convention on
the deprivation of eivil rights (interdiction) and measures for the
protection of incapacitated persons (1905), theprineiple is adopted that guardianship or curatorship shall be arranged in conformity with the laws of the country of residence.
(f) The Legal Status and Capacity of Refugees
International negotiations have also taken place with a view to
regulating the legal status and capaeity of Russian and Armenian
refugees to whom ordinary provisions affording to eaeh individual
the personal status established by the legislation of his eountry,
and placing him under the jurisdiction of the national authorities
as regards any matter affecting that status, cannot be applied.
The agreement made with regard to this question on 30 June 1928,
under the auspices of the High Commissariat for Refugees of
the League of Nations, laid down some general principles in the
form of a recommendation, of which the following are the most
important :
It is recommended : that the personal status of Russian and Armenian
refugees shall be determined in countries in which the previous law of their
respective countries is no longer recognised, either by reference to the law
of their country of domicile or of usual residence, or, failing such country,
by reference to the law of the country in which they reside ; this recommendation shall not lessen in any way the validity with regard to the personal
status of refugees of documents granted by the religious authorities competent
respectively in the case of the Russian and Armenian refugees in countries
where the competence of such authorities is recognised;
That rights resulting from marriages contracted and documents issued
under the previous national law of the refugees shall be regarded as acquired
rights (matrimonial system, rights of married women, etc.), provided that
where necessary the formalities prescribed by the law of the country of residence are fulfilled;
That the refugees be authorised, so far as the essential laws of this place
of residence permit, to stipulate that this marriage state be based on complete
separation of property and that the right of the wife to dispose freely of
her property shall not be affected by the fact of her marriage ;
It is further recommended that, in regard to divorce, the national law of
a Russian or Armenian refugee shall be regarded as being either the law of
his country of domicile or usual residence, or, failing such country, the law
of the country in which he resides.
Finally, States are asked not to refuse the exercise of certain rights and the
benefits of certain privileges granted to foreigners on condition of reciprocity
THE NATIONALITY OF IMMIGRANTS
97
to Russian and Armenian refugees on the ground that reciprocity cannot
be obtained in their case, especially the benefit of legal aid and if possible
exemption from the cautio judicatum solid ^
§ 5.—The Nationality of Immigrants
A very large number of international treaties are concerned
with questions of nationality. They are dealt with in special
bilateral or plurilateral agreements, and with regard to this
subject also, clauses bearing on the matter are often inserted in
more general treaties.
The vast number of agreements already concluded and of
negotiations still in course of progress is due to the need, keenly
felt by all nations, of putting an end by means of international
agreements to difficulties of every kind caused by conflicting
laws, which are particularly numerous where the question
of nationality is concerned. Without attempting a detailed
analysis of the various clauses contained in each separate agreement reference will be made to the manner in which some of these
questions of particular interest to migrants have been solved.
In Volume II (Chapter XI, § 7) it is briefly explained how the
combined effect of laws concerning nationality based on the
jus soli (a principle admitted by most countries of immigration) and of legislation founded on the /us sanguinis (generally
adopted by the important emigration countries) may be to
invest a person automatically with a double nationality, resulting
in a double burden of obligations. The same problem of double
nationality may arise when an immigrant acquires the nationality
of the country of residence through naturalisation without losing
the nationality of his country of origin. Many States have sought
by means of mutual agreements to avoid these conflicts resulting
in double nationality. States when conferring nationality on
individuals, nationals of one State residing or born in another
contracting State, can avoid double nationality : (a) by adopting
the principle that the regulations in force in the country of residence shall apply, (b) that those in force in the country of origin
shall apply, or (c) by adopting a compromise recognised by both
contracting Parties. These three methods of procedure have
been utilised in international agreements.
1 Hioh Commission foe Refüöees : L. S. C. 11.1928 (1).
98
THE GENERAL STATUS OF FOREIGN WORKERS
There are a fair number of treaties which are typical of the first arrangement ; they contain a reciprocal undertaking on the part of States to recognise as nationals of the other Party those of their own nationals who have
been naturalised in the other State and their descendants, either from the
time when naturalisation takes place [Argentine Republic-Sweden and
Norway, additional Article to the Commercial Treaty of 17 July 1885;
Brazil-United States, 27 April 1908; Bulgaria-United States, 23 November
1923; Ecuador-United States, 6 May 1872), or after they have continuously
resided in the other State for a certain period, generally five years (AustriaHungary-United States, 20 September 1870; Denmark-United States, 20 July
1872; Germany-United States, 22 February 1868, United States-Haiti^
22 March 1902; United States-Sweden and Norway, 26 May 1869).
Other treaties, on the contrary, contain an undertaking on the part of the
States to recognise as citizens of the other contracting Party individuals
admitted into their respective territories who have retained the nationality
of their country of origin according to the legislation of the latter (Argentine Republic-Spain, Treaty of Peace and Amity of 21 September 1863,
Article 7 ; EgypUItaly, agreement of 14 April 1923 concerning the nationality
of Lybians in Egypt).
Registry at the consulate is required as a proof of nationality of origiu
by the following treaties in particular ; Bolivia-Ecuador, Treaty of Amity
of 17 April 1911, Article 2; Bolivia-Italy, Convention of Amity and Extradition, 18 October 1890, Article 4; Costa Rica-Italy, agreement concerning
nationality of 6 May 1873 ; Germany-Bolivia, Treaty of Amity and Commerce
of 22 July 1908, Article 4; Germany-Costa Rica, Treaty of Amity and Commerce of 18 May 1875, Article 11; Germany-Guatemala, Treaty of Amity,
Commerce and Navigation of 20 September 1887, Article 10; GermanyHonduras, Treaty of Amity, Commerce and Navigation of 12 December
1888, Article 10; Germany-Nicaragua, Commercial and Consular Treaty
of 4 February 1896, Article 10; Italy-Nicaragua, agreement concerning
nationality of 20 September 1927. As a proof of nationality of origin, all
the documents prescribed by the regulations of the country of residence
may further be required (Salvador- Venezuela, Treaty of Amity, Commerce
and Navigation of 27 August 1883, Article 6).
Sometimes it is held that nationality of origin is retained in virtue of
extra-territorial rights conferred by a treaty (agreements concerning the
legal situation of nationals in Egypt ; Denmark- Great Britain, 14 July 1921 ;
Greece-Great Britain, 22 August 1920; Great Britain-Norway, 22 April
1921; Great Britain-Portugal, 9 Deeember 1920; Great Britain-Sweden,.
8 July 1921, etc.). In these cases the nationality of origin is retained
even in the case of children bom in the foreign country. Treaties, as a
matter of fact, often stipulate that the nationality of children shall be the
same as that of the father, notwithstanding laws admitting the jus solU
Either the nationality of thef ather is recognised in every case ( GermanyTurkey, Convention on Residence of 11 January 1917, Article 1 ; ItalyNicaragua, 20 September 1917) or it is conceded to the first generation in
the case of legitimate children at any rate (Costa Rica-Italy ; GermanyBolivia; Germany-Costa Rica; Germany-Guatemala; Germany-Honduras;
Germany-Nicaragua, already referred to; France-Italy, Article 13 of the
Treaty of Residence of 28 September 1896 on the subject of the nationality of Italians in Tunis).
The majority of treaties, however, which enable emigrants’ descendants
to retain the nationality of their country of origin also permit of an option
when those descendants come of age or they contain an undertaking on the
part of the country of origin to recognise the naturalisation of children
born abroad at the request of the persons concerned or of their parents.
There is a difference of treatment with regard to the determination of
nationality and the right of option according to whether one or both of
the parents are aliehs in the country of residence (cf. in this connection^
THE NATIONALITY OF IMMIGRANTS
99
the Treaty of Peace and of Amity concluded between Spain and San
Salvador on 2 March 1885).
An instance of a compromise with regard to nationality is afforded by
the exchange of notes concerning the Nationality Decrees in Tunis and
Morocco, signed by France and Great Britain on 24 May 1923. The British
Government, which had initiated an appeal to the Permanent Court of
International Justice on the subject of the application of these Decrees to
British subjects, undertook to suspend this appeal on condition that the
French Government should promise to take before 1 January 1924 the
necessary steps that a British subject born in Tunis of British parents also
born in that country should have the right of refusing French nationality,
without this right being extended to the following generations. The French
note confirms this undertaking, and adds that no attempt shall be made to
impose Tunisian nationality instead of French nationality on British subjects
in Tunis. As for Morocco, the question is in suspense, as it has not yet any
practical interest ; but the two Governments have maintained their position
on this point while reserving their rights.
The recovery of nationality of origin by ex-national of a State
naturalised in a contracting State has also been regulated by
treaties in various ways.
For instance the treaty concluded by the Argentine Republic and Spain
on 21 September 1863 states that former nationality can be recovered within
a period of two years if the naturalised person leaves the country where
he has been naturalised, and within a period of one year if the naturalised
person remains in the country where he has been naturalised. A number
of other treaties enable the naturalised person to recover his original
nationality if he returns to his native country. In the first place the
provisions of a plutilateral Convention should be noted, concluded by the
third Pan-American Conference on 13 August 1906,with a view to regulating
the status of naturalised citizens and their right to resume residence in their
country of origin. It stipulates that if a national of one of the contracting
States who has become naturalised in another contracting State renews
his residence in his country of origin, without the intent to return to
that country in which he was naturalised, he shall be held to have retaken
his former nationality and to have renounced the nationality acquired by
naturalisation. The intent not to return to the country of naturalisation
is presumed to exist when the person naturalised shall have resided more
than two years in the country of his birth unless evidence is furnished to
the contrary. The provisions of the Pan-American Convention of 1906,
called the “Convention of Rio de Janeiro”, are also to be found in the
following agreements, several of which preceded the plurilateral Convention and have been reproduced by it : the Argentine Republic- Sweden
and Norway, 17 July 1885; Brazil-the United States, 27 April 1908;
Bulgaria-United States, 23 November 1923; Costa Rica-United States, 10 June
1911; Ecuador-United States, 6 May 1872; North Germany-United States,
22 February 1868; United States-Haiti, 22 March 1902; United States-Nicaragua, 7 December 1908 ; United States-Peru, 15 October 1907 ; United StatesSalvador, 14 March 1908; United States-Uruguay, 10 August 1908.
Other agreements stipulate on the contrary that emigrants from one
State who have acquired the nationality of the other Party cannot be
required, on returning to their country of origin, to resume their former
nationality, except when they demand it of their own free will and renounce
that which they have obtained through naturalisation; if they fulfil the
conditions required they can then resume their former nationality without
any period of residence in the country of origin being required {AustriaHungary-United States, 20 September 1870).
loo
THE GENERAL STATUS OF FOREIGN WORKERS
Again, other treaties recognise that if a citizen naturalised in one contracting State should renew his residence in his country of origin, he may
be readmitted to the privileges of his former nationality on such conditions
as his Government may see fit to impose and the Government of the country
of naturalisation shall not in that case have the right to claim him as a
subject on account of his former naturalisation (Denmark-United States,
20 July 1872).
Provisions are also inserted safeguarding the so-called right
of “expatriation”, that is to say, ensuring that naturalised persons
returning to their country of origin shall not be liable to prosecution on account of having emigrated or having omitted to
present themselves for military service previous to naturalisation
but after residence has been acquired bona fide in the country
of naturalisation.
But these treaties generally admit that a naturalised immigrant remains
liable to prosecution for acts punishable by the laws of his original
country and committed before his emigration or even, as some of them
specify, for violation of the legal provisions which in that country regulate
emigration (United States-Portugal, 7 May 1908). But, according to the
terms of those same treaties, a declaration of intention to become a citizen
of the one or the other country has not for either party the effect of naturalisation. Provisions of this kind are contained in the treaties already referred
to, concluded by the United States with Bulgaria, Costa Rica, Denmark,
the North German Confederation, Haiti, Honduras, Nicaragua, Norway,
Peru, Salvador, Sweden and Uruguay.
The object of some agreements is not to reach an understanding
with regard to bringing their laws into harmony, but to
remove eertain inconveniences resulting from the fact of double
nationality, particularly as regards military service obligations.
Recent examples are the treaties concluded by France with the Argentine
Republic (26 January 1927), Paraguay (30 August 1927), and Peru (16 March
1927). These treaties admit that individuals born of French parents on
the territory of the contracting Party and who possess both the nationality of the country of their birth and, according to French law, French
nationality, will not in France be liable to military service if on arrival
there they can furnish proof that they have rendered military service in
the country which considers them as its citizens by birth. These agreements
do not in any way alter the nationality of such individuals as it is determined by the legislation of the two countries.
The treaties signed by Brazil with Great Britain (29 July 1922) and
Portugal (27 November 1922) have the same purpose.
The purpose of some other treaties is to facilitate the rendering of military
service either in the country of residence or in that of origin at the choice
of the person concerned (see this chapter, § 10).
The League of Nations Committee for the Progressive Codification of International Law is engaged in a preliminary study
of the question of the nationality of married women, with a
RECOURSE TO THE COURTS
101
view to the conclusion of a multilateral Convention which would
resolve the many legal difficulties resulting from the existence
of divergent provisions on the subject in the laws of different
countries.
§ 6.—Recourse to the Courts
In the matter of recourse to the courts, the position of foreigners
varies greatly in different countries, so that the need for Conventions to improve the situation is being widely realised.
In this connection the numerous agreements which until
recently instituted a special judicial system for the benefit of
the citizens of one contracting Party on the territory of the
other Party should be called to mind. Thanks to these treaties,
inhabitants of Western States have for a long time enjoyed the
right in Near-Eastern and Far-Eastern States of bringing their
suits to “consular” courts. This so-called “capitulations” system
is being abolished, as most Oriental countries which had to agree
to its institution have now introduced judicial institutions
equivalent to those of Western countries.
Even before the war of 1914 all Western Powers had renounced
their former privileges in Japan. The tendency towards the
abolition of the system has become more marked since the war.
Thus for instance the treaties concluded between the Allies and Turkey
at the conclusion of the war terminate the capitulations, while Turkey on
her part promises to grant equality of treatment with its own nationals to
nationals of the contracting Parties, especially as regards free recourse to the
law courts of the country. The Turkish Government declares in that
treaty that the Turkish courts will ensure to foreigners in Turkey protection in accordance with international law and the principles and methods
generally adopted in other countries (Lausanne Convention of 24 July 1923
concerning conditions of residence and of jurisdiction).
Some recent treaties concluded by China with European Powers (with
Austria on 19 October 1925, with Belgium in 1928, etc.) have taken a first
step towards establishing relations of equality between China and the
Western countries by renouncing the advantages conferred by the capitulations. Resolutions were adopted at the Washington Conference for
the limitation of armaments on 10 December 1921 by several of the Powers ^
benefiting from the capitulations in China for the purpose of establishing
a Commission to enquire into the laws and the methods of judicial administration in China and to assist the Chinese Government in effecting such
judicial reforms as would warrant the several Powers in relinquishing either
progessively or otherwise their respective rights of extra-territoriality
1 United States of America, Belgium, British Empire, France, Italy, Japan, the Netherlands, Portugal. Accession of Norway in 1925.
2 League of Nations : Treaty Series, No. 50 (a), Vol. XLV, p. 217.
102
THE GENERAL STATUS OF FOREIGN WORKERS
In several countries recent treaties have established a transitional system.
The Acts granting several of the Mandates for Territories detached from
the Ottoman Empire refer to the suspension of privileges and immunities
accorded to foreigners, including consular ]urisdiction.
Several Treaties of Amity, Commerce and Navigation concluded by
Siam with European Powers should also be mentioned, all of which contain
a renunciation by those States of the system of capitulations in Siam, while
at the same time making provision for a transitional period of five years,
during which the consular courts will continue to function pending the
putting into force of the new Siamese Code of law.
The Treaty of Alliance of 1923 between Great Britain and Irak lays down
another system : foreigners of European origin or extraction will be given
certain judicial guarantees in Irak, of which the most important is the
presence of British judges in the law courts of the country. In the same
spirit, in the treaties concluded between Great Britain and a large number of
States for the purpose of terminating the capitulations system in Egypt
(Denmark- Great Britain, 14 July 1921 ; Greece- Great Britain, 22 August 1920 ;
Norway-Great Britain, 22 April 1921; Portugal-Great Britain, 9 December
1Q20; Sweden-Great Britain, 8 July 1921, etc.),'equalitvj with British nationals is granted to the nationals of the contracting Party as regards the administration of justice, that is to say, as regards recourse to the mixed tribunals.
The majority of constitutions grant protection of the country’s
law courts to foreigners ; where no special conditions are imposed
with regard to the exercise of that right, as is the case with
certain of the constitutions of American countries, legal aid is
also granted to alien poor persons on the same conditions as to
nationals. But often the system differs for foreigners and for
nationals. These divergences fall under three different heads :
(a) foreigners may be required to make a preliminary deposit
to cover the cost of the legal proceedings in which they are
engaging (b) they may be subject to special physical restraint;
and (c) poor persons may have no right to free legal aid,
except where international agreements have been concluded to
the contrary.
Very many treaties exempt foreigners from the cautio judicatum solvi, and physical restraint of foreigners is also abolished
as a rule ; the agreements concluded for the purpose of granting
free legal aid to the nationals of contracting States should
specially be noted. As a rule, treaties dealing with legal aid
abolish the preliminary deposit.
Among the most important treaties relating to this subject
are the multilateral Conventions concluded under the auspices
1 This security is generally known as a **cautio judicatum solvi*\
RECOURSE OE THE COURTS
103
of either the Conferences on Private Law at The Hague or the
League of Nations.
Preliminary negotiations for the signing of a Convention on civil procedure,
containing provisions on the subject of legal aid to foreigners, were opened
at the Conference on International Private Law in 1896-1897. The Conference of July 1905 continued the examination of these questions, and as a
result a Convention on civil procedure was signed by fifteen States on
17 July 1905.
This Convention, which abolishes the cautio judicatum solvi (Article 17)
stipulates that the nationals of all contracting States shall in any of the
other contracting States receive the benefit of free legal assistance like the
nationals of the country, if they conform to the laws of the State to
which application for thë legal assistance is made (Article 20). Provisions
are added relating to the procedure with regard to the delivery of a poor
person’s certificate of destitution which the applicant must produce to
establish his right to relief, and also with regard to the furnishing of information relating to the financial standing of the applicant (Articles 21 to 22).
According to Article 23, the right to free legal aid granted in connection
with a lawsuit extends to legal notifications and rogatory commissions
which may have to be executed in any of the other contracting States,
except for certain extraordinary expenditures.
Article 24 of the same Convention establishes that “physical restraint
either in order to carry out the law, or merely for the protection of the
subject himself, shall not be applied in cases where such measures would
not be applicable to nationals of the country itself”. A fact to which a
national domiciled in the country may draw attention in order to obtain
release from physical restraint should have the same effect for the benefit
of the national of a contracting State, even if the fact occurred abroad.
As the Convention of 1905 only applies to certain Western and Central
European countries it was thought desirable to make the Convention, or
at least the provisions which it embodies, world wide as far as possible.
The question was submitted to the League of Nations, and in a Resolution
of the Assembly dated 27 September 1923 it was decided to set up a special
Committee of Experts for its examination. This Committee met in July
and August 1924. As a result of the recommendations voted by it and of a
Resolution passed by the Assembly on 20 September 1924, an enquiry was
instituted by the Secretariat for the double purpose of assembling all
documents relating to the different laws, regulations and institutions dealing
with assistance to foreigners in different countries and of ascertaining whether
Governments would be disposed to participate in drawing up a Convention
to regulate legal aid to the poor, based on the principles formulated
by The Hague Convention, and whether it might not perhaps be necessary
to introduce some modifications of these principles. But as the question
of legal aid to foreigners was placed on the agenda of the Conference
on International Private Law at The Hague in January 1928, the Council
of the League of Nations decided at its sitting of 5 September 1927 that the
League would hand over the matter to that Conference for consideration.
At its sitting of 28 January 1928, the Conference on International Private
Law adopted a draft Convention supplementary to that of 17 July 1905,
introducing some modifications and additions with regard to free legal
1 It should he noted that latex bilateral agreements conclnded between a State which is
a party to the Convention and a non-member State stipulate that the provisions of the
Convention shall be applied in the relations of those two States. For instance a declaration was signed by Estonia and Finland on 18 March 1924, by Estonia and Sweden on
7 Nov. 1923, and by Estonia and Simtzerland on 29 Oct. 1926 for the purpose of establishing this application of the Convention.
104
THE GENERAL STATUS OF FOREIGN WORKERS
aid; besides this it elaborated a new draft Convention relating to free
legal aid and to the issue free of cost of extracts from registers of births,
deaths and marriages, in which the provisions of the 1905 Convention and
of the supplementary draft Convention are combined; this second draft
Convention is open to the signature of the States represented at the 1928
Conference and to the subsequent adhesion of all States which in their
legislation have provided for free legal aid.
The most important modifications of the 1905 Convention and additions
to it introduced by this draft Convention are the following : definition of
the subjects with regard to which the right to free legal aid is acknowledged (civil, commercial and administrative matters); extension of the
right to free legal aid to poor persons residing away from the country to
which application for legal aid has to be made ; the granting to poor nationals
of the contracting Parties of the right to receive extracts from registers
of births, deaths and marriages free of cost and to have documents legalised
which are required in the event of marriage.
Reference should also be made to the multilateral agreement concluded
on 30 June 1928 under the auspices of the League of Nations concerning
the legal status of refugees. In it States adhering to the agreement are
recommended to extend the benefit of legal assistance to Russian and
Armenian refugees in spite of the absence of reciprocal treatment.
Further, legal aid to the poor has both before and since
the meeting of The Hague Conference been dealt with in a
large number of bilateral agreements. Their provisions are very
similar to those embodied in Articles 20 to 23 of The Hague
Convention.
These agreements have in a good many cases taken the form of treaties
dealing particularly with this question, many of which were covered later
on by the general multilateral Convention to which the contracting Parties
have adhered : Austria-Hungary-Bulgaria, 31 May 1911 ; BelgiunirSpain,
31 May 1872; Belgium-the Netherlands, 31 October 1892; Belgium-Bumania,
4 March 1881; Belgium-Switzerland, 9 September 1886; Denmark-Italy,
25 June 1883; Germany-France, 20 February 1880 (re-enforced by the
Commercial Treaty of 17 August 1927, addendum to Article 25); GermanyLuxemburg, 12 June 187Ô; Germany-Turkey, 11 January 1917; FranceSaar, 14 December 1927; France-Spain, 14 May 1884; Italy-Monaco, 20 July
1871; Italy-the Netherlands, 29 January 1884; Italy-Spain, 8 July 1882.
On the other hand, provisions relating to legal aid are
sometimes inserted in treaties which regulate the general judicial
relations between two countries.
They are one of the essential elements in treaties dealing with protection
of courts in general, which at the same time formulate the rights of nationals
of one of the contracting Parties with regard to recourse to the law courts of
the other Party, to exemption from the preliminary deposit, and to other
measures extending the national system with regard to the legalisation of
documents, the dispatch of papers, etc., to these foreign nationals {AustriaFrance, 4 March 1925 ; Austria-Italy, 6 April 1922 ; Austria-Poland, 19 March
1924; Bulgaria-Czechoslovakia, 15 May 1926; Estonia-Czechoslovakia, 17 July
1926; France-Czechoslovakia, 7 October 1922; Germany-Austria, 21 June
1923; Germany-Czechoslovdkia, 20 January 1922; Italy-Czechoslovakia,
6 April 1922; Rumania-Czechoslovakia, 7 May 1925). They are also to be
found in treaties regulating the assistance of the law courts in all cases
RECOURSE TO THE COURTS
105
with which they have to deal (Bulgaria-Serb-Croat-Slovene Kingdom,
26 November 1923 (Article 8); Germany-Bulgaria, 29 September 1911
(Article 5); Germany-Poland, 5 March 1924 (Articles 5 and 6); PolandCzechoslovakia, 6 March 1925 {Articles 4¡ to6); Serb-Croat-Slovene KingdomCzechoslavakia, 17 March 1923 (Article 15)).
Finally, similar clauses are to be found in various miscellaneous treaties relating to quite different subjects in which they
have been inserted for the sake of convenience.
For instance, such clauses are to be found in Articles 62 to 64 of the
Additional Convention of 24 October 1921 regulating general relations
between the Free City of Dantzig and Poland ; in the Convention on Questions
of Nationality, Legal Aid and Treatment of Indigent Persons, concluded
by Costa Rica and Italy on 6 May 1873 (Articles 2 to 4); in the Treaty of
Good Neighbourship concluded by Italy and the Republic of San Marino
on 28 June 1897 (Artiele 8) ; in the Convention on the respective rights of the
citizens of the two countries, coneluded between Latvia and Lithuania on
14 May 1921 (Artiele 12); in the following Residence Treaties : France-Italy,
for the establishment of Italians in Tunis, 28 September 1896 (Article 6) ;
Germany-Union of Socialist Soviet Republics, 12 Oetober 1925 (Article 15).
The Residence Treaties between Bulgaria and Turkey, 18 October 1925
(Artiele 9), Poland and Turkey, 28 July 1923 (Article 9), and Switzerland
and Turkey, 7 August 1927 (Article 6), provide that the question of free legal
aid shall be governed by local laws until the regulation of the question by
means of a special agreement.
Provisions relating to legal aid are also encountered in a large number of
Treaties of Amity, Commerce and Navigation : those concluded by the
Dominican Republic with France, 9 September 1882 (Article 4); Mexieo,
29 March 1889 (Article 4) and Portugal, 1 May 1883 (Article 4); by France
with Serbia, 18 January 1883 (Article 6), and Mexico, 27 November 1886
(Article 4); those concluded by Italy with Columbia, 27 October 1892
(Article 4), Cuba, 29 Deeember 1903 (Article 7), MexAco, 16 April 1890
(Article 12), Nicaragua, 25 January 1906 (Article 19), Paraguay, 22 August
1893 (Article 16), and Uruguay, 19 September 1885 (Article 20); those
concluded by Mexico with Honduras, 24 March 1908 (Article 4), and
Salvador, 24 April 1893 (Article 4).
The legal position of federal States sometimes leads to the conclusion of
agreements which are restricted in their scope. Some treaties concluded
by the United States declare that the question of legal aid cannot be
regulated as a whole inasmuch as in the United States privileges of that
character are regulated by the laws of the several States ; as a consequence
those United States citizens who come from a State in the Union granting
this privilege to the nationals of the other contracting Party are granted
reciprocal advantages by the law of the other contracting Party (example :
United States-Estonia, protocol annexed to the Treaty of Amity, Commerce
and Consular Rights, 23 December 1925, Article 1).
Again, treaties which without reservations grant free and full
recourse to the law courts of the other Party to foreigners, under
the same conditions as to nationals, can be interpreted as implicitly extending the right of legal aid to destitute nationals of
that Party if such right exists in the country in question. In
this connection it should be noted that labour and recruitment
treaties—^without specifying the right to legal aid—generally
106
THE GENERAL STATUS OF FOREIGN WORKERS
grant to the workers of the eontracting Party the same judicial
protection as to nationals and the same facilities of bringing
their claims before the courts (cf. Chapter VII, § 1, the analysis
of these treaties).
Treaties relating to social insurance also sometimes mention
the right to legal aid in cases where the rights of workers to the
benefits of insurance are in doubt; special agreements have
even been concluded on this subject (cf. Chapter VII, §5, (b),
especially the agreement of 23 October 1926 between Belgium
and the Netherlands).
Special mention should be made of a provision of the recommendation adopted by the Seventh Session of the International
Labour Conference at the same time as the Draft Convention
on equality of treatment for foreign and national workers in the
matter of accident compensation. In connection with the application of this Convention, Members of the International Labour
Organisation are asked to take the necessary measures to enable
the advantages in respect of exemption from duties and taxes,
free issue of official documents or other privileges granted by
the law of States Members for any purposes connected with
workmen’s compensation to be extended under the same
conditions to the subjects of the other members who shall have
ratified the Convention.
§ 7.—Charitable Assistance
It rarely happens that laws and regulations inside a country
establish absolute equality of treatment for nationals and
foreigners with regard to the giving of public charitable relief
on account of the often very heavy financial burdens imposed
by such aid. Though it is true that in practice from motives of
humanity such help is often given in very urgent cases to foreigners
on a more liberal scale than the law strictly requires, many
States have found it useful to define the exact extent of those
rights and to arrange how the costs involved are to be divided.
Charitable assistance, therefore, is dealt with in a very large
number of special agreements or is regulated by means of clauses
inserted in more general treaties : residence treaties, treaties of
amity, labour treaties, etc.
CHARITABLE ASSISTANCE
107
The contracting Parties generally reciprocally agree to treat
their respective nationals on the same footing as is accorded to
nationals by the provisions in force in the place where the individual concerned resides. But the relief promised often only
amounts to medical assistance, in other cases a larger measure
of relief is given, while the circumstances in which application
can be made and the way in which help is to be given are more
or less carefully defined.
The subjeet of public relief to foreigners was studied very
thoroughly just before the war, with a view to a multilateral
Convention. A first Congress on Public and Private Assistance
was held at Copenhagen in 1910; after that a second Conference
was attended in Paris on 16 November 1912 by delegates from
sixteen States and a draft Convention on public relief was
prepared but the war broke out before a new eonference could
be held for the purpose of exchanging signatures. These negotiations have nevertheless exerted a noticeable influenee on
the development of international regulations, for the important
clauses of the draft Convention were partially reproduced in the
treaties of assistance concluded by France with several States
after the war.
Agreements based on the provisions of the 1912 Conference are : the
special Convention on Assistance concluded by Belgium and France on
30 November 1921 (supplemented by the administrative agreement of
13 May 1924); Articles 12 to 17 of the. Franco-Italian Labour Treaty of
30 September 1919 (supplemented by the administrative agreement of 4 and
30 .Tune 1924); a special Convention on Assistance concluded by France
and Luxemburg on 4 January 1923 (supplemented by the administrative
agreement by exchange of notes of 28 May-30 November 1925); a special
Convention on Assistance concluded by France and Poland on 14 October
1920 (supplemented by the administrative agreement of 3 November 1926),
and a Convention on Assistance concluded between France and the
Administration of the Saar territory on 20 January 1928 (supplemented
by an agreement of the same date).
As in the case of the multilateral Convention, these agreements grant to
foreigners a right to the advantáges of public assistance on the same
terms as to nationals; it is given entirely free of cost where the relief is
temporary, while permanent assistance is only given free of cost when certain
conditions with regard to residence or other matters are fulfilled.
The various agreements mentioned above stipulate that nationals of
either of the two countries in need of relief, medical treatment, or any other
form of assistance, owing to any physical or mental disease, pregnancy or
1 Cf. the text of this draft in a booklet published by the Bureau International dTnFORMATiON ET D’ÉTUDES POUR L’ASSISTANCE AUX ÉTRANGERS : Foscicule IX : Traités et
Conventions, Paris, 1925; which also contains a collection of documents which refer to a
number of bilateral treaties dealing with assistance.
108
THE GENERAL STATUS OF FOREIGN WORKERS
confinement, or for any other reason, shall, for the purposes of the laws
regarding public relief, receive the same treatment in the territory of the
other contracting State, whether at home or in hospitals and similar institutions, as nationals of the latter State.
Nationals of either of the two countries who have their families residing
with them shall be entitled in the other country to such family allowances
as are purely in the nature of public relief. They shall not be entitled to
any allowances which are explicitly intended to encourage the national
birth-rate.
In respect of any costs incurred by the State of residence in furnishing
public relief, whatever may be the purpose or amount of such costs, no
repayment shall in any circumstances be due from the Government, departments, provinces, communes or public institutions of the country of which
the person in receipt of relief is a national, except in cases expressly provided
for by the treaty.
The State of residence shall continue to defray the cost of relief and shall
obtain no refund thereof : (1) In the case of the maintenance, whether at
home or in institutions, of aged persons, invalids and incurables, provided
that they have resided continuously in the country for at least fifteen years.
This period shall be reduced to five years in the case of incapacity due to one
of the occupational diseases to be specified in an agreement between the
Parties; (2) In the case of all sick, mentally deficient or other persons in
receipt of public relief, who have resided continuously in the said country
for at least five years. Where medical treatment only is required, any
worker who has resided in the country for at least five consecutive months
in each year of the aforesaid period shall be regarded as residing continously
therein; (3) In the case of children under sixteen years of age, such children
shall be deemed to have resided continuously in the country if the father,
mother, guardian or person in charge of them fulfils the conditions of
residence specified above.
On the expiration of a certain period (fixed at forty-five days in these
agreements, except in the Franco-Polish Convention in which it is fixed at
sixty days), upon notice given by the State of residence, the country of
origin shall, at its own choice, either repatriate any persons in receipt of
relief who do not fulfil the conditions of residence laid down in the preceding
Article (if such persons are in a condition to be moved) or refund the cost
of treatment to the State of residence.
Nevertheless, except in the case of relapses, the cost of relief given by the
State of residence in connection with an acute disease, certified to be such
by the medical practitioner in charge of the case, shall not be refunded.
This exception shall also apply to the cost of relief given to women in
childbed.
Repatriation shall not be compulsory in cases in which special relief is
given to large families or to women in childbed.
According to the Franw-Belgian Convention of 1921 (Article 6), the
Franco-Luxemburg Convention of 1923 (ibid.) and the Franco-Saar Convention of 1928 (ibid.), the contracting Parties undertake to receive their
nationals who are over the age of seventy years, infirm, incurable, mentally
deficient, foundlings, or in any other similar situations, should the other
State require their repatriation, provided that documentary evidence is
produced in support of such application and that the consent of the State
applied to is obtained in each individual case. In respect of all persons in
receipt of relief who fall within these categories, each of the contracting
Parties undertakes not to claim from the other the cost of relief given prior
to repatriation up to a maximum of sixty days, or the cost of repatriation
as far as the frontier.
In all the treaties conforming to this type Governments undertake to
provide adequate means of conveyance to hospital and ward space therein,
for sick or injured workers and their families in localities inhabited by a
large number of workers of the other nationality. Such contributions as
CHAEITABLE ASSISTANCE
109
may be required of the employers, or voluntarily made by them for this
purpose, shall not be in the nature of specific taxes on foreign labour, which
may not be imposed on the nationals of the contracting Parties.
Where medical treatment at home or in hospitals or infirmaries is provided
and paid for by the employer, the workers shall be entitled to such treatment
free of charge. The sums repayable by the State of domicile in the cases
mentioned above shall not be so repayable when the aforesaid charges are
defrayed by a phüanthropic society or by any other agency of the same
character. Finally it is stipulated that friendly societies and associations
for relief and social assistance to emigrants and associations whose rules
and methods are in conformity with the laws of the country of residence
in which they are established shall enjoy the same rights and privileges as
are accorded to national associations of the same character.
The administrative agreements supplementing the main treaties {FrancoBelgian administrative agreement of 13 May 1924, Frowco-JtoKan agreement
of 4-30 June 1924, Franco-Luxemburg agreement of 28 May-30 November
1925, Franco-PoZisÄagreement of 3 November 1Q26, Franco-Saar agreement
of 20 January 1928) determine methods of notifying cases relieved, of
calculating the period of temporary relief, and of effecting repatriation
(the costs as far as the place to which the person is sent are charged in every
case to the State of residence) ; the places in each country where repatriated
persons are to be handed over, the methods of exchanging information required in order to establish the right to assistance and to calculate the cost
of relief in cases where this is refunded. Model forms to be used when
giving particulars with regard to temporary and permanent cases of relief
are annexed to each of these agreements.
The Convention on the Relief of Destitute Persons concluded on 26 May
1914 between Denmark, Norway and Sweden, to which Finland gave its
adherence on 11 July 1923, also deals with the various methods of giving
relief. It is similar to the treaties just examined, in that it draws the same
distinction between cases of temporary relief (where the maintenance of the
person relieved is charged to the country of residence without any right of
repatriation) and cases of permanent relief where, unless the individual
relieved fulfils certain residence and other conditions, his repatriation or
the refunding of the cost of relief by the country of origin can be dernanded.
But repatriation is in all cases subject to consideration of the home circumstances of the person concerned and provisions are inserted to prevent the
separation of families. These will not be analysed in detail, as the States
Parties to the Convention have decided to introduce modifications of the
system on the strength of their experience, and the negotiations for this
new agreement have not yet been completed
In some other treaties, all of one type, while the whole cost of
public relief granted to foreigners is charged to the country of
residence. States reserve the right to demand readmittance of
the person relieved by his country of origin.
According to the declarations on the subject of relief exchanged between
Belgium and Italy on 24 January 1880, Belgium and Luxemburg on 17 July
1923, Belgium and Switzerland on 12 November 1896, Germany and Belgium
on 7 July 1887, and Germany and Denmark on 11 December 1873 (supplemented on 25 August 1881 and 21 February 1898), each of the two contracting Parties undertakes to grant, within its territory, to destitute nationals
of the other Party, the assistance which it affords to its own destitute
nationals by virtue of the laws concerning public assistance. Repatriation
1 The new agreement was signed at Sookholm on 25 Oct. 1928.
lio
THE GENERAL STATUS OF FOREIGN WORKERS
of destitute persons for any reason whatever shall be carried out at the
cost of the country deciding on their return, which country shall furnish
the persons so sent back with the resources necessary to reach the frontier.
Repatriation shall be postponed as long as the health of the destitute
person makes it necessary. The Italo-Belgian declaration adds that repatriation is not to be enforced if relief is necessitated only by temporary
incapacity for work or if it is granted to a widow who is a natural born subject of one of the two countries and who has acquired the nationality of the
other by marriage. According to these different texts, destitute persons
who are incapacitated by their state of health or age from providing for
their essential needs, or orphans, deserted children and insane persons,
shall, if they are being treated or maintained at the public expense, only
be repatriated after a request has been made to that effect through the diplomatic channel by one of the two Governments to the other. No such
application shall be refused on the ground that the person in question has
lost his nationality, unless he has acquired another nationality. No
person who has been repatriated or conducted to the frontier and who has
lost his nationality without having acquired another one can be refused
admittance by the country in which he was born. Repayment of expenditure incurred under the head of relief, maintenance,repatriation, or, incase
of death, for burial, cannot be demanded from the Treasury of the State to
which the destitute persons belong or from the commune in which they
were resident. If persons receiving relief or other persons placed under
obligations on their behalf by the provisions of the civil law are in a position
to pay the costs in question, the Government which has made the advance
can nevertheless claim repayment before the courts of the country to which
such persons belong. Where repatriation takes place, wives shall not be
separated from their husbands nor children from their parents except in
the case of persons receiving medical treatment or maintained out of public
funds referred to above. Repatriation need not take place if it is agreed
between the parties concerned that the destitute person will continue to
receive relief subject to repayment of the costs by the proper persons or
authorities..
The Treaty of Amity, Commerce and Extradition concluded between
Bolivia and Italy on 18 October 1890, though not making such detailed
regulations with regard to relief to foreigners as the treaties referred to
above, promises relief in hospitals and other institutions to foreigners on
a footing of equality with nationals (Article 3).
Other treaties limit the granting of relief to medical aid.
Among these are the following treaties : Argentine Republic-th eNetherlands. Convention on Medical Relief of 29 September 1910*; AustriaItaly, Convention on Relief of 25 June 1896 (re-enforced on 15 January
1921); Bulgaria-Italy, exchange of notes on 31 October 1880 and 20 April
1881 ; Bulgaria-Serb-Croat-Slovene Kingdom, Convention on Medical Assistance of 26 November 1923 (physical and mental diseases); Bulgaria-Czechoslovakia, Convention on Medical Assistance of 6 June 1925; Costa BicaItaly, Convention on Medical Assistance of 6 May 1873 ; Dominican BepublicItaly, Treaty of Commerce and Navigation of 18 October 1886 (Article 25);
Germany-Austria-Luxemburg, declarations relating to relief of 11 July
1853; Germany-Italy, declarations relating to assistance of 8 August 1873
* A treaty containing tlie same proTiaiona aa the Netherlands-Argentine Republic
treaty was s^nëd by the Argentine Republic and Belgium on 22 Oct. 1924, but has not
yet been ratified. In Aug. 1928, according to the press, treaties dealing with relief were
concluded between the Argentine Republic and Denmark and the Argentine Republic
and the Serb-Croat-Slovene Kingdom.
CHARITABLE ASSISTANCE
111
(for physical and mental diesases); Germany-the Netherlands, Residence
Treaty of 17 December 1904 (Article 5); Germany-Switzerland, Residence
Treaty of 13 November 1909 (Article 6); Germany-Turkey, Residence Treaty
of 11 January 1917 (Article 9); Italy-Luoeemburg, exchange of notes on free
assistance to destitute sick persons of 28 January-25 February 1881; ItalyMonaco, Convention on relief to destitute sick persons of 20 July 1871 ;
Italy-San Marino, Treaty of Amity and Good Neighbourship of 28 June
1897 (Article 33) ; Italy-Switzerland, declaration on relief to siek and destitute
persons of 6 and 15 October 1875; Poland-Serb-Croat-Slavene Kingdom,
Convention on medical aid of 9 May 1923; Portugal-Switzerland, declarations
on assistance to destitute persons of 16 May 1898.
The majority of these treaties stipulate that free assistance shall be granted
to sick persons until the person in question can be repatriated without
danger to himself or to others. The contracting Parties are not to claim
repayment by the Treasury of the other State of hospital expenses, and, in
case of death, funeral expenses; but these expenses can be charged to the
person relieved or to his relatives if they are able to bear them, and in such
case the Governements of the two countries shall coroperate in order to
have this expenditure repaid.
Another group of treaties relating to relief comprises agreements
which permit the nationals of the one Party to avail themselves
of the different charitable institutions of the other Party, but
do not give relief in so far as the whole cost of such assistance is
borne by the country of origin instead of by the country
of residence for the whole of the period during which relief
is given.
The agreement relating to social welfare concluded between Latvia and
Lithuania on 21 May 1924 may be cited as an example. It stipulates that
assistance may be lent in the form of admittance to homes and hospitals ;
it may take the form of grants in money and food, or burial may be provided
for. Assistance must be lent to nationals of the contracting Party in the
same circumstances and in conformity with the regulations laid down for
nationals. If the need for assistanee eontinues for a period exceeding six
months, or in the event of chronic or incurable disease, each of the two
States shall have the right to demand repatriation at the expense of the
State to which the person assisted belongs, except in cases where, on grounds
of health or for family reasons, it is impossible.
The agreement makes arrangements for the notifleation of particulars
concerning cases assisted, and provides for the half yearly settling of aecounts.
The agreement relating to social welfare concluded between Estonia
and Latvia on 22 November 1924 (supplemented by the Additional Protocol
of 3 March 1926) contains similar provisions.
A system intermediate between the giving of relief and the advancing
of money is adopted in the clauses relating to relief in the Commercial
Agreement made by means of an exchange of notes between Lithuania and
Switzerland on 28 October 1922 and 15 March 1925. The contracting Parties
undertake to ensure that destitute persons who are in need of assistance,
especially those suffering from physical and mental diseases,deserted children
and other persons unable to provide for their essential needs, shall, if necessary, be assisted and cared for at the expense of the country of residence.
Every case shall immediately be notified to the representative of the contracting Party, who, as soon as he receives this information, shall make
himself responsible for the cost of relief, and shall, where circumstances
permit, obtain repayment from the person assisted.
112
THE GENERAL STATUS OF FOREIGN WORKERS
In addition certain general treaties (of residence, commerce,
navigation, etc.) provide for the opening of negotiations on the
subject of relief at a future date. ( Germany-ihe Union of Socialist
Soviet Republics, 12 October 1925; Italy-Greece, 24 November
1926; Italy-Czechoslovakia, 28 Mareh 1921 (Article 85), etc.)
Some treaties dealing with special classes of persons to be
relieved remain to be eonsidered. As regardsworkers in particular,
it will be seen in Chapter VII, § 1, that a large number of labour
treaties or recruitment agreements either recognise the right to
relief of workers and their families and of all nationals of the
eontraeting Parties {France-Italy, 1919; France-Poland, 1920;
Italy-Luxemburg, 1920), or else contain special provisions relating
to the special rights of workers recruited under the agreement
{China-Great Britain, 1904; Germany-Poland, 1927; GermanyCzechoslovakia, 1928; State of Sao Paulo, Brazil, and Poland,
1927). Clauses relating to medical aid to workers are also sometimes inserted in model labour cpntraets drawn up by mutual
agreement between the Governments of the States eoncerned
(cf. Chapter VII, § 2), or in other cases in agreements supplementing labour treaties, as for instance in the Franco-Czechoslovakian
agreement of 28 May 1925, which grants free medical aid to
Czechoslovakian workers recruited for French enterprises.
A large number of treaties also deal with the relief to be given
to distressed seamen on shore.
The earliest of these agreements is that concluded between France and
Great Britain on 5 November 1879. It stipulates that :
“When a seaman belonging to one of the two contracting States, after
serving on board a ship belonging to the other State, happens, owing to
shipwreck or other causes, to be reduced to a state of distress, whether in
some third country or in the colonies of that country, or in the colony of
the State under whose flag the ship sails, the Government of this latter
State shall be obliged to assist the seaman until he finds another ship or
other employment, or until his arrival in his own country or the colony of
his own country, or until his death.
“It is understood that a seaman in such a situation must take the first
opportunity which presents itself of furnishing to the competent authorities
of the State, whose assistance he claims, proof of his destitution and its
causes. He must further prove that this destitution is the natural consequence of his leaving his ship, failing which the seaman shall lose his right
to assistance.
“He shall also lose this right if he has deserted or has been dismissed from
his ship for having committed a crime or misdemeanour, or if he has left it
owing to incapacity for work caused by a disease or disablement resulting
from his own fault.
“The assistance rendered shall include maintenance, clothes, medical
attendance, medicines, travelling expenses, and, in case of death, funeral
expenses.”
RELIEF OF MINORS AND INCAPACITATED PERSONS
113
The following agreements contain similar provisions : Austria-HungaryGreat Britain, 26 November 1880; Austria-Hungary-Italy, 13 February
1889; Austria-Hungary-Spain, 11 March 1889; Denmark-Great Britain,
25 July 1883; Denmark-Italy, 21 May 1885; Denmark-Sweden-Norway,
10 August 1883 (supplemented as regards Denmark and Norway by the notes
exchanged from 19 May-26 June 1926); France-Italy, 1 January 1882;
Germany-Denmark, 31 March 1885 ; Germany-France, 16 May 1880; GermanySweden-Norway, 31 May 1881 (supplemented on 5 November 1908); Great
Britain-Italy, 8 June 1880; Great Britain-the Netherlands, 20 May 1912;
Great Britain-Sweden and Norway, 12 July 1881 (supplemented by the
agreement of 28 November 1907-4 May 1908); Great-Britain-Sweden,
25 August 1909; Italy-Norway-Sweden, 12 June 1881; the NetherlandsSweden, 2 May 1913; Norway-Italy, 18 August-10 September 1908; SwedenNorway, 25 August 1909.
§ 8.—The Relief of Minors and Incapacitated ^ Persons
In this section provisions specially relating to the relief of
minors and incapacitated persons are examined.
It should be noted first of all that agreements relating to the
relief of destitute persons in general imply the giving of charitable
assistance to minors and “incapacitated persons” in cases where
social relief is promised to all nationals of a contracting Party on
the same footing as to nationals, it being understood that such
relief must be within the scope of the charitable institutions of
the contracting States. But in addition treaties frequently
contain a clause establishing special machinery of relief, in the
case of children below a certain age living with their relations
on the territory of the other contracting State, and of isolated,
orphaned or abandoned children or of incapacitated persons.
On the other hand, there are special treaties as well which regulate
the giving of assistance to minors or incapacitated persons.
The provisions relating to these two classes of persons arrange
for their maintenance as well as for their repatriation. Provision
for repatriation is quite frequently made, because as a rule the
individual concerned requires relief during long periods of time.
(a) Minors
From a humanitarian point of view the conditions obtaining
in different countries with regard to charitable assistance to
minors and to their repatriation are of special interest; for this
1 i.e. persons under legal disability.
8
114
THE GENERAL STATUS OF FOREIGN WORKERS
reason the League of Nations Committee for the Protection and
Welfare of Children has made a study of the questions; as a
result of the first discussions a draft multilateral Convention was
drawn up, of which the object was to organise the repatriation of
minors who had escaped or had been taken from the custody
of their parents or guardians. Further, a preliminary study is
being made of such questions as that of the maintenance and
relief of minors. It should be noted that for emigrant workers
and their families a special interest attaches to an international
agreement regarding the enforcement of the obligation on the
part of a breadwinner in a foreign country to maintain his
family. Again, the peculiar situation of minors who have emigrated for the purpose of taking up employment, and especially
those recruited by means of a labour contract, ought to receive
special consideration.
As regards the organisation of charitable assistance to minors
by means of bilateral treaties, in the preceding paragraph a
number of provisions relating to minors were enumerated.
Special reference in this connection should be made of the treaties
dealing with relief concluded by France with Belgium, Italy,
Luxemburg, Poland and Switzerland which are based on the draft
multilateral Convention of 1912 (cf. page 107) and to the declarations on the subject of relief exchanged by Belgium and Italy,
Belgium and Luxemburg, Belgium and Switzerland, Germany
and Belgium, and Germany and Denmark-, the Convention on
the relief of destitute persons concluded by Denmark, Norway,
Sweden and Finland also contains clauses relating to the relief of
minors.
Further a treaty concluded between France and Switzerland
on 27 September 1882 deals specially with this question.
This treaty provides for reciprocal assistance to deserted children and
destitute insane persons. Each State undertakes to secure that within
its own territory deserted children who are nationals of the other State
receive relief and are treated on a footing of equality with nationals until
their repatriation can be safely effected. Repayment of expenditure
incurred under the head of such relief or treatment, or repatriation as far
as the frontier or of burial cannot be demanded from the Treasury, from
the funds of local authorities or from other public funds of the State to
whieh such persons belong. If persons receiving relief or other persons
whose duty it is to maintain them are in a position to pay the costs in question, the right to claim repayment is duly reserved and each of the two
contracting Governments undertakes, when application is made through
diplomatic channels, to extend such support to the other Government as
is compatible with the laws of the country in order to secure repayment.
RELIEF OF MINORS AND INCAPACITATED PERSONS
115
In other cases minors are repatriated not as a measure of personal relief, but together with their parents with whom they
have resided in a foreign country.
Several treaties declare that children under the age of sixteen {BelgiumSwitzerland, 12 November 1896) or minor children residing with their
parents ( Germany-Switzerland, 13 November 1909, the Netherlands-Switzerland, 7 May 1910) may not be separated from their parents and that an
obligation rests on their parents’ country of origin to readmit them in company with the head of the family, even when they are not and never have
been nationals of that country, always providing that they have not become
nationals of the other State (the country of residence) or of a third State.
In the same humanitarian spirit some treaties—without precisely stating
that minor children are not to be separated from their parents-—declare
that the repatriation of a foreigner in receipt of relief may not be enforced
if family circumstances do not allow of it {Lithuania-Latvia, 21 May 1924).
Nevertheless some of these treaties, while guarding against the separation
of families up to a certain point by providing for the repatriation of foreigners
in receipt of relief, together with their families and their children under
sixteen years of age, relinquish this humanitarian principle in cases where a
minor requiring continued relief would have to be maintained in his parents’
country of residence at the cost of that country. Articles 2 and 3 of the
agreement relating to relief concluded between Belgium and Switzerland on
12 November 1896 provide that in such a case the minor can be repatriated
in spite of the separation involved.
It should also be noted that such separation is also possible where a minor’s
nationality is not the same as that of his father (nationality of the country
of residence or of a third State), so that the various members of a family
are treated on a different basis, as is provided in the treaties cited above,
between Germany and Switzerland (13 November 1909) and the NetherlandsSwitzerland (7 May 1910). In fact, owing to the working of nationality
laws, children may possess a nationality which differs from that of their
parents, and—particularly in -virtue of the jus soli—^they may be claimed as
nationals by the country in which the family resides at the moment when
the father is liable to repatriation by that State as a foreigner in receipt of
relief.
The following clause contained in the Germano-Swiss Residence Treaty
of 13 November 1909 (Article 18) may be cited as being interesting in view
of the difficulties that are sometimes encountered when the nationality of
children that have to be relieved is doubtful :
“The contracting States undertake on the request of the other Party to
admit persons who are in need of relief on account of their youth and who
neither belong nor have belonged to either of the two States, when these
persons have, owing to their situation, previously been admitted into an
institution of the country and have escaped while residing therein to the
territory of the other State. This obligation is Valid only where the application for readmittance is lodged within six months of the escape.”
The repatriation of minors who have escaped from the custody
of parents or guardians has been dealt with in two agreements,
one in the form of an exchange of notes between Belgium and the
Netherlands of 21 July 1913, the other concluded between Belgium
and France on 17 July 1925.
The main provisions of these agreements are similar; the Governments
undertake to take the necessary steps to repatriate to their respective
116
THE GENERAL STATUS OE FOREIGN WORKERS
countries minors, nationals of the other Party, who are found on their
territory against the wishes of persons (or institutions) to which national
legislation (or decision of a Court) has confided their guardianship or who
have eseaped from or have been taken from institutions or persons to whose
care they had been entrusted. Repatriation takes place on condition
that this right of guardianship has not been respected without having been
called into question and that repatriation appears to be in the interest of
the minor. The Franco-Belgian Convention, in order to establish the desirability or otherwise of repatriation, provides that the magistrate competent
to grant the request shall examine the child and also the persons with
whom the child has taken refuge.
The persons exercising parental authority or the right of guardianship
must address their application to the court (parquet) of their place of
domicile, which latter forwards it direet to the competent court of the
minor’s place of residenee. If authorisation for repatriation is given, the
courts of the two countries must come to an agreement as to the place
and time of repatriation. Each country must bear the maintenanee or
travelling expenses oeeasioned on its territory by the minor’s journey.
(b) Incapacitated Persons
Numerous international agreements have been concluded for
the purpose of organising the relief and repatriation of incapacitated persons.
In addition to the general treaties dealing with relief already
mentioned, which secure every kind of assistance to nationals of
the contracting Party of which they may stand in need, to
treaties in which persons suffering from mental disease are
specially mentioned as having a right to relief, and to agreements
which class them with persons in receipt of permanent relief
who must be repatriated, a great many agreements specially
deal with the relief and repatriation of insane persons.
Some provisions in these treaties organise treatment in the lunatie asylums
of one State for the nationals of the other State or even for foreigners residing
in that State. This is the case with regard to the provisions relating to
insane persons contained in the Customs and Good Neighbourship Convention, signed by France and Monaco on 10 April 1912 (Article 19).
But the main purpose of most treaties having reference to the insane is
to oblige the Government of the country of residence of insane persons to
furnish the Government of their country of origin with particulars regarding
the cases admitted to asylums and released from them, and the deaths
among inmates of such asylums. Such agreements, which generally take
the form of an exchange of notes, have been concluded by the following countries : the Argentine Republic-Norway, 7 October 1924; AustriaSweden, 26 May 1921-10 April 1922; Belgium-Great Britain, 6 May 1927;
Belgium-Luxemburg, 17 July 1923 and 2-13 April 1928; Belgium-Sweden,
25 October 1922; Chile-Norway, 30 April-27 July 1923; Denmark-Norway,
14-30 November 1923; Denmark-Sweden, 6-16 duly 1626^; Estonia-Sweden,
17 January 1923-30 August 1924; Finland-Norway, 9 March-28 April 1923;
1 Notes exchanged on those dates also have reference to Iceland.
INSTRUCTION IN SCHOOLS
117
Finland-Sweden, 23 May-29 July 1921 ; Fr anee-Norway, 14 March-1 October
1923; France-Sweden, 27 May-9 November 1921; Germany-Switzerland,
18 July-17 October 1910; Cheat Britain-Norway, 2-5 June 1924; Great
Britain-Sweden, 25 May-21 September 1921 ; Hungary-Sweden, 26 May 192126 February 1923; Japan-Norway, 23 Oetober-6 November 1923; JapanSweden, 1-5 May 1923*; Luxemburg-Sweden, 15 June 1921-11 April 1923;
Mexico-Norway, 14 March-1 October 1923; Meañeo-Sweden, 28 July17 October 1922 ; Norway-Sweden, 25 May 1921-5 May 1922 ; Poland-Sweden,
30 May-27 December 1921; Portugal-Sweden, 4 July-20 September 1921;
Sweden-the Netherlands, 24 March 1909-12 October 1910; Sweden-Czechoslovakia, 28 June 1921-7 September 1921 ; Switzerland-Sweden, 27 May29 November 1921.
According to these agreements, couched in similar terms, the particulars
given must include all relevant information regarding the personality of
the invalid, his civil status, the place where he last resided in his native
country, the place where he resided when he was admitted to the asylum,
the address of the institution, and the state of his illness. In cases where
repatriation is demanded by the country of origin, the number of warders
required to accompany the invalid must be indicated.
§ 9.—Instruction in Schools
There are very few treaties as yet which deal with the rights
and duties of immigrants as regards education. Nevertheless,
such agreements relating to this subject as have been drafted
or concluded are an index of an increasing interest in the question
and ought therefore not to be passed over in silence.
Negotiations on the subject of education have been conducted
from two points of view : they either deal with the right of
foreigners to enjoy the advantage of the instruction given in
the institutions of the country, or with the right to establish
on foreign territory special educational institutions for emigrants,
in which instruction may be given in the language of their country
of origin.
The right of foreigners to benefit by the instruction given in
each country is fairly generally recognised by laws and custom,
but it is sometimes formally confirmed by treaties granting
every facility to nationals of the contracting Parties with
regard to attendance at such institutions.
On 18 September 1925, Austria and Prussia signed an agreement concerning reciprocal assistance with regard to compulsory education.
France and Switzerland, not long after the coming into force of their
legislation regarding compulsory education, concluded an agreement (on
14 December 1887) with the object of securing the observance in the two
States of their respective legislation regarding compulsory free elementary
education.
^ The agreements concluded by Japan do not mention the possibility of repatriation.
118
THE GENERAL STATUS OF FOREIGN WORKERS
It stipulates that Swiss nationals in France and French nationals in
Switzerland shall enjoy the same rights with regard to all matters relating
to the compulsory attendance at elementary schools and to the free grant
of public elementary education. Care will be taken that nationals of the
other Party regularly attend the schools.; persons in charge of children of
school age are subjected to the same penalties in cases of non-observance
of the law. Besides this, in France Swiss children over the age of thirteen
who are natives of cantons where they are obliged by law to attend school
above that age, are granted the right to be admitted to secondary, technical
and higher schools or courses of instruction, under the same conditions as
French children residing in the commune. The enforcement of Compulsory
Education Acts in the case of emigrant children is also promised by the
Franco-Polish agreement of 17 April 1924, which supplements the Convention
on Emigration and Immigration, by the Emigration Agreement concluded
by Brazil (State of Sao Paulo) and Poland on 19 February 1927, the ItaloLuxemburg Labour Treaty of 11 November 1920, etc. (see Chapter VII,
§ 1). The Consular Convention concluded between Albania and Italy
on 29 February 1924 (Article 15) and the Commercial Treaty concluded
between Italy and Czechoslovakia on 23 March 1921 (Article 35) provide
for subsequent agreements to make regulations for the reciprocal enforcement of Education Acts.
Coming to secondary and higher education, the note appended to the
Treaty of Peace and Amity concluded between Germany and China on 20 May
1921 should be noted, in which Germany promised China that she will
freely admit Chinese students to her schools, and will facilitate the practical
apprenticeship of young Chinese; also Article 7 of the Commercial Treaty
of 27 June 1923 concluded between Germany and Estonia, relating to the
admission of Estonians to German schools and universities. Agreements
have also been concluded by France and the Principality of Monaco on
10 April 1912 to authorise the admission of children from Monaco to PVench
schools ; and by France and Serbia on 9 November 1916 and on 27 November
1917 to grant every facility to young Serbians who wish to study at French
schools, universities or technical and trade schools. In the same way, in
a final Protocol appended to the general preliminary Convention signed by
Afghanistan and Switzerland on 17 February 1928, every facility is promised
to young persons whom the Afghan Government wishes to send to Switzerland for study.
Of a similar kind are the agreements relating to the admission
of student employees to agricultural, commercial and industrial
establishments of the other Party, regardless of prevailing economic conditions (cf. Chapter VII, § 4) and the treaties which
were mentioned in Chapter IV, § 2, granting special facilities to
students as regards admission into a country [China-United
States, etc.).
Treaties may also make arrangements for an exchange of
university students and professors (e.g. Belgium-Luxemburg,
21 September 1923, and Belgium-Poland, 1 September 1925),
or for the equal recognition of foreign university degrees in the
case of students wishing to continue in the university of one
country studies which they commenced in those of another
(e.g. Costa Rica-Spain, S March 1925).
INSTRUCTION IN SCHOOLS
119
The provisions of other treaties touch on the much more delicate
subject of the right of the country of emigration to provide
instruction for its own nationals on the territory of the country
of immigration. This right is often sought or claimed by emigration countries, but is granted only occasionally and with
manifest reluctance by immigration countries, which are afraid
of allowing such centres of foreign culture, hostile to the assimilation of immigrants, to be formed within their own territories,
Italy, nevertheless, has succeeded in having this right recognised.
The Labour Treaty signed with Luxemburg on 11 November
1920 specially stipulates in Article 7 that the contracting States
will have the power to establish schools or organise secondary
courses for the special purpose of teaching the respective native
languages within the territory of the other Party. As regards
the residence of Italians in Tunis, the agreements of 28 September
1896 and 12 September 1919 enable Italian schools in Tunis to
be governed by the same regulations as French schools.
With regard to the situation in France and Italy, Article 22
of the Labour Treaty of 30 September 1919 states that equality
of treatment as between nationals of the two countries is sufficiently established in each of the two States by their respective
Education Acts in the matter of admission to public primary
schools and the institution of private schools; nevertheless the
two Governments reserve the right to negotiate a Convention
on the subject of education and to embody in it any measures
necessary in order to facilitate the primary and technical education
of immigrant workers and their families.
It should also be called to mind that the International Labour
Conference of 1921 adopted a Recommendation relating to
technical agricultural education; it requests Members of the
International Labour Organisation to make such education
available to “agricultural wage earners” and this wide term
covers foreign workers as well as national workers.
Allied to the question of instruction in schools is that of apprenticeship; this has been dealt with in Chapter VII.
120
THE GENERAL STATUS OF FOREIGN WORKERS
§ 10.—^Miscellaneous Questions
In this last section no more than a brief survey can be made
of a few other problems connected with the residence of foreigners,
which questions are so technical that any detailed treatment of
them would require prolonged and thorough study.
(a) Property Rights of Foreigners
Property rights of every description are generally defined by
residence clauses in treaties : rights of real and personal property,
of artistic and literary property, the right to dispose freely of
property acquired, to alienate it and lease it, to enter into every
kind of transaction with regard to it, such as purchases, gifts,
contracts, etc., the right to possess property in any place or
restrictions imposed in this respect
The equality of treatment
with nationals, which a great many treaties establish on thia
subject, has a wider or narrower signification according to the
legislative provisions in force in the contracting countries
This equality of treatment, where a country’s legislation does
not impose any restrictions on the property rights of foreigners,
merely extends to the ordinary regulations in force, but in other
cases clauses granting equality of treatment in this respect
confer a considerable advantage on the nationals of the contracting Party in comparison with the usual regulations in force
concerning foreigners.
For example, reference may be made to the Residence Treaty which was.
concluded at Lausanne by France, Great Britain, Italy, Japan, Greece,,
Rumania, and the Serb-Croat-Slovene Kingdom, with. Turkey on 24 July
1923 at the same time as the Treaty of Peace ; also the Residence Treaty
concluded between Germany and Turkey on 12 January 1927. These
treaties place the nationals of the contracting Parties on a footing of perfect
1 It should he noted that the draft multilateral Convention on the treatment of
foreigners, drawn up in 1928 by the Economic Committee of the League of Nations, lays
down in principle (Article 10) complete equality of treatment as between foreigners and
nationals in relation to property rights; certain exceptions are nevertheless made in cases
where restrictions of these rights are prompted by considerations of security or national
defence or in exceptional cases by an abnormal economic situation (Document C.174,.
M.53, 1928 II).
2 On the subject of legislative restrictions on the property rights of foreigners in certain
countries, see Vol. II, p. 424.
MISCELLANEOUS QUESTIONS
121
equality with nationals as regards property rights in Turkey, while the other
residence treaties concluded by Turkey make a reservation as to the enforcement of the legislative provisions in force in the country, that is to
say, of the Turkish prohibition with regard to the acquisition by foreigners
of immovable property situated in country districts or in villages. This
reservation is encountered, for instance, in the residence treaty concluded
between Switzerland and Turkey on 7 August 1927.
(b) Taxation
Coming to fiscal matters, it is not uncommon for treaties to
exempt nationals of a contracting State from extraordinary
duties and taxes in conneetion with commereial or other matters,
or else to place them on the same footing as nationals with regard
to taxation.
It should be noted, for instance, that, thanks to such a clause
inserted in the Consular Convention concluded between Spain
and France on 7 January 1862, Spain has recently been able to
establish the right of its nationals to exemption from payment
of the tax which has to be paid by foreigners in France on the
delivery of their identity cards
In order to avoid the granting of sueh exemptions, reeent
treaties eoncluded by Franee contain a reservation as to the
equality promised in the ease of stamp duties whieh foreigners
have to pay in connection with certain administrative aets.
Some treaties also grant the right to eertain special exemptions
which nationals enjoy in certain cireumstanees—as, for instanee,
exemptions on aecount of responsibilities due to large families.
Such a clause was inserted in the Commercial Treaty concluded
between Austria and France on 16 May 1928 (Article 20) and
in several labour treaties (ef. Chapter VII, § 1). Special agreements with this purpose in view have, been coneluded as well,
among which those concluded between Belgium and France on
9 December 1925, France and Luxemburg on 16 January 1926,
France and the Netherlands on 8 February 1927, and France and
the Saar on 12 November 1928 may be cited.
The purpose of other exemptions granted by treaties is to
avoid double taxation. In this connection the preparatory
work should be mentioned which the Eeonomie Committee of
the League of Nations has recently undertaken with a view to
1 Cf. Nuestra Emigración, Madrid, Ano XI, No. 122, April 1927, p 61.
122
THE GENERAL STATUS OF FOREIGN WORKERS
the drawing up of a multilateral Convention to eliminate cases
of double taxation \ Some bilateral treaties refer to this problem
as well.
In Chapter VII, § 1, in the analysis of the agreements eoncluded by
Germany With Poland on 24 November 1927 and with Czechoslovakia on
11 May 1928 (Article IT), stipulations will be found exempting seasonal
workers whose permanent home is in their native country from a tax on
wages. On 24 March 1923 a special agreement was concluded between
Germany and Switzerland to avoid double taxation of wages.
Further, labour and social welfare treaties often contain
provisions relating to duties and taxes on labour.
Some of these introduce recruitment taxes ( Germany-Czechoslovakia,
11 May 1928, Article 13; Portugal, Mozambique-Southern Rhodesia, 22 July
1925, Articles 4-9; South Africa-Portugal, Mozambique, 11 September
1928, Articles 9-11, etc.). Others, on the contrary, exempt the workers in
question from all recruitment taxes (Germany-Serb-Croat-Slovene Kingdom,
22 February 1928, Article 15) or prohibit the levying of any tax on employers
engaging foreign workers (Belgium-France, 30 [November 1921, Article 5;
France-Italy, SO September 1919, Article 16; Ftance-Luxemburg, 4 January
1923, Article 5; France-Poland, 14 October 1920, Article 10; France-the
Saar, 20 January 1928, Article 5); others again stipulate that no special
tax can be imposed on nationals of the contracting Party on account of
their taking up employment (Belgium-France, 24 December 1924, Article 9;
France-Italy, 30 September 1919, Article 21 ; France-Poland, 9 December
1924, Article 29).
(c) Services and Obligations
It is usual for treaties containing residence clauses to exempt
nationals of the contracting Party from the performance of
certain duties—such as that of military or civic service—imposed
on their inhabitants by the majority of States, and from the
different obligations to which they may be liable
But this is
not an absolute rule. It sometimes happens that the granting
to foreigners of all the rights and privileges enjoyed by citizens,
entails their liability to perform the various duties and obligations
imposed on those citizens. Such a clause is to be found for
instance, in the Treaty of Peace and Amity concluded between
1 Leaove of Nations : Double Taxation and Fiscal Evasion : A Bcport Presented try the
Meeting of Government Experts. Geneva, 1928 (C.562. M.178-1928 11-49).
ä Such exemption from extraordinary serrlce and from military oWlgations is established
by Article 11 of the draft multilateral Convention on the Treatment of Foreigners drawn
up by the Economic Committee of the League of Nations (Document C.174. M.53. 1928 II).
MISCELLANEOUS QUESTIONS
123
Guatemala and Salvador on 8 May 1876 (Article 7)
Other
clauses are inserted in treaties with the objeet of preventing the
nationals of either party from evading their military service
duties; such clauses are eneountered in the Residence Treaty
signed by Germany and the Netherlands on 17 December 1904
and in the Residence Treaty between Germany and Switzerland
dated 13 November 1909. Other treaties again facilitate the
performance of military service by nationals of one contracting
Party in the army of the other Party (e.g. the Commercial
Treaty between Spain and Italy dated 26 February 1888, Article 2,
and the treaties concluded by the United States with France on
3 September 1918, with Great Britain on 3 June 1918; with Greece
on 30 August 1918, and with Italy on 24 August 1918).
As has been previously observed, the nationals of the contracting State as a rule receive exemption from all extra ordinary
contributions as well. As regards fiscal regulations and charges,
the position of foreigners is therefore often more favourable than
that of the inhabitants.
(d) Consular Protection
Protection of the person and property of emigrants is frequently
organised by means of treaties; in Chapter VII ( § 5, a), provisions
relating to the special protection of workers will be examined.
In a general fashion individuals residing abroad receive protection
through the consul of their native country, one of whose principal
duties it is to give such protection.
The d.uties and privileges of consuls in this respect are determined on the one hand by consular legislation and regulations
(this subject has been referred to in Volume I, from page 339
onwards), and on the other hand by Consular Conventions or by
provisions in Residence or Commercial Treaties specially referring
to this subject. It is not proposed to examine all of these treaties
in detail. As a rule they place the persons and property of the
nationals of a State under the protection of the consuls and
1 The draft plurilateral Convention adopted by the sixth Pan-American Conference
(Cuba, 1928) contains a similar stipulation on the equality of foreigners and nationals
with r^ard to fiscal and other duties (Sexta Conferencia internacional americana : Acta final.
Havana, 1928, p. 64).
124
THE GENERAL STATUS OF FOREIGN WORKERS
consular agents appointed by it, especially minors and incapacitated persons, for whose guardianship or curatorship they must
make arrangements. It is often provided that consuls are to be
immediately advised by local authorities of the death of nationals
of the State from which they hold their appointments, and that
they must take steps to safeguard the inheritance. They have
also to receive declarations made by such nationals at the consulate, at the home of the persons concerned or on board vessels
flying the flag of the State which they represent.
But apart from sueh provisions, certain treaties provide for
a more active intervention on behalf of emigrants.
Thus the treaties eoncluded by the United States with various European
countries authorise consuls to liquidate business relating to compensation
for industrial accidents (cf. Chapter VII, § 5, d) in the name of nationals of
the State which they represent, if the latter do not reside in the country.
Several consular Conventions concluded by Italy (with the Serb-CroatSlovene Kingdom on 21 August 1924, with Czechoslovakia on 1 March 1924)
contain a clause in virtue of which consular officials of each Party ate
entrusted with the protection of nationals of the State which they represent
when the latter enter their area as emigrants or repatriated persons, also
with the safeguarding of their interests at the moment of their passing
through that area, especially in regions where there are ports. With this
object in view consuls can address complaints to the authorities in their
consular districts as to any infraction of rights conferred by treaties which
have been concluded between the two Parties, and as to any abuses with
regard to which nationals of the State by which they have been appointed
may have to make complaints. The authorities are obliged to reply to
requests made to them by the consular officials. If the request is made in
writing, the reply must also be given in writing. If consular action remains
without effect diplomatic action can be resorted to. Written intervention
must be made in the official language of the State in which the consular
official resides.
TREATijES DEALING WITH LABOUR, RECRUITMENT, ETC.
125
CHAPTER VII
PROVISIONS RELATING TO FOREIGN WORKERS
Side by side with agreements regulating emigration in general
or which determine completely or partially the status of the
settled emigrant—this term being taken to mean any individual
settled in a foreign country—agreements exist which regulate
more especially emigration for the purpose of finding employment.
These establish conditions for recruitment and placing in employment of emigrant workers, or at least lay down rules for their
admission to the occupations considered and the conditions
under which they are to live during their stay in the country
where they are employed.
These measures will now be considered under the following
headings : Í1) various kinds of treaties dealing with labour,
recruitment and the placing of workers; (2) model labour
contracts prescribed by such agreements or drafted subsequently
in accordance with their provisions; (3) treaties regulating the
admission of workers to certain occupations or professions;
(4) treaties relating to vocational training; (5) treaties relating
to the application of labour laws in the case of foreign workers.
§ 1. — Treaties dealing with Labour, Recruitment
and the Placing of Workers
Treaties relating to international migration movements exist
in great variety. Some of them, called labour treaties, lay down
general regulations governing the emigration of workers and
determine the conditions under which those coming from one
contracting Party’s territory shall reside in that of the other
126
PKOVISIONS RELATING TO FOREIGN WORKERS
contracting Party. Others are recruitment treaties which create
the organisations through which labour is to be recruited and
determine their methods of working. Others again deal only
with the placing of workers and the conditions of their
employment.
It rarely happens, however, that such treaties are strictly
limited to one subject. In most cases they deal with several
subjects, sometimes with a very large number. Matters relating
to collective recruitment, for instance, may be accompanied by
provisions relating to voluntary emigration, as for instanee in
the Franco-Polish Convention, of 1919 and the Franco-Czechoslovak Agreement of 1920.
Complex treaties like the Franco-Italian Labour Treaty of
1919 or even those—^like the Franco-Belgian Labour Treaty of
1924 and the Belgo-Luxemburg Labour Treaty of 1926—^which,
though briefer in substance, embrace a wider range of principles,
are emigration treaties and labour treaties, at one and the same
time; as also are certain kinds of residence treaties, parts of which
are applicable not only to the dependants of workers but to all
nationals of the contracting States. Further, the contracting
Parties, according to the stage of development reached by their
social legislation and to the relations already established by
agreement between them, often insert provisions relating to the
application of social insurance laws or other measures passed for
the welfare or relief of their inhabitants. The great variety
existing in the subject matter of these treaties makes it impossible to classify them according to subject.
Moreover, States do not as a rule regulate once for all the
whole of the labour questions in which they are interested by a
single treaty. They proceed by means of successive treaties,
supplementing each other, until a complex structure is formed
constituting a code of regulations to suit present needs and
undergoing continual amendment.
Further, a great many treaties in which basic principles axe
formulated provide for additions of a practical kind to be made
by agreement between the competent administrative authorities ;
sometimes provision is even made for conferences to be held
from time to time with that object in view. Understandings
reached in this fashion are not always embodied in formal public
agreements capable of being dealt with here.
TREATIES DEALING WITH LABOUR, RECRUITMENT, ETC. 127
Treaties relating to labour, recruitment and the placing of
workers may apply to workers of all categories, or may concern
only workers following a particular occupation, e.g. agricultural
workers, seamen, etc. Again, certain classes of workers are
sometimes expressly excluded from the application of these
treaties. It has been seen already that the conditions for residence contained in some of them may in certain respects extend
to cover all nationals of the contracting Parties. The scope of
these treaties also varies too much, therefore, to serve as a
reliable basis for classification.
It has, nevertheless, been possible to subdivide this important
body of treaties in such a way as to arrive at a very simple
classification which furnishes some guidance to their study.
The provisions of multilateral conventions relating to questions
of labour, recruitment and the placing of workers will first be
examined, after which bilateral treaties regulating international
movements of workers between two countries forming part of
the same continent—^European, Asiatic, American, and African
countries—will successively be reviewed; finally, an analysis will
be made of treaties concluded with the object of regulating the
emigration of workers from one continent to another.
This geographical classification enables some interesting
comparisons to be drawn, as in this way treaties having reference
to populations that have reached the same stage of development
come under consideration together. Different countries in one
continent also, have sufficient interests in common to give rise to
the copying of treaties, so that formulas become more or less
stereotyped. When treaties containing similar provisions are
grouped together, divergences in the regulations laid down by
them take on a special significance; and thus both the common
ground and the differenees between them can be readily grasped.
Apart from agreements concluded between States, or at least
between official administrative bodies—^the only ones dealt with
here—agreements (some of them very important) exist which have
been concluded between an official and a non-official body, and
which regulate, or in the past have regulated, questions relating to
the recruitment of workers. Though these will not be analysed
here, it should be noted that the Governments of emigration
countries or administrative bodies established for the special purpose of controlling emigration (Emigration Commissariats, Offices,
128
PROVISIONS RELATING TO FOREIGN WORKERS
or Departments) have often concluded such agreements with large
industrial companies, mining companies, metallurgical companies, etc., in order to find employment for their surplus workers
in the undertakings referred to.
The Governments of immigration countries, on the other hand,
have often concluded agreements with colonisation societies or
shipping or railway companies with a view to the recruitment
of agricultural workers or settlers capable of bringing unexploited
lands under cultivation.
(a) Multilateral Conventions
On the subject of international movements of workers in
general, reference may be made to several Conventions and
Recommendations adopted by the International Labour Conference.
The most characteristic decision in this respect is a Recommendation
concerning unemployment adopted at the First Session of the Conference
(Washington, 1919), which invites the Members of the International Labour
Organisation to ensure “that the recruiting of bodies of workers in one
country with a view to their employment in another country ... be
permitted only by mutual agreement between the countries concerned and
after consultation with employers and workers in each country in the
industries concerned” (Part II).
The Draft Convention on unemployment adopted at the same Session
lays down that Members ratifying the Convention shall establish a system
of free public employment agencies and shall take steps to co-ordinate the
operations of public and private free agencies. It stipulates, further, that
the operation of the various national systems shall be co-ordinated by
the International Labour Office in agreement with the countries concerned
(Article 2).
Another decision of the International Labour Conference bears specially
on the occupation of seamen. At the Genoa Session (1920) a Draft Convention was adopted for establishing facilities for finding employment for
seamen, in accordance with which “the business of finding employment for
seamen shall not be carried on ... as a commercial enterprise for
pecuniary gain” (Article 2). The States ratifying the Convention agree
that a system of free public employment offices for finding employment
for seamen shall be organised; and that where such offices of different types
exist they shall be co-ordinated on a national basis (Article 4); it is also
laid down that steps shall be taken by the International Labour Office to
secure the co-ordination of the various national systems in agreement with
the Governments or organisations concerned in each country (Article 10).
Further, there are provisions concerning the guarantees which shall be
included in the contract of engagement or articles of agreement; and, in
accordance with Article 8, each Member which ratifies the Convention will
take steps to see that the facilities for employment of seamen provided
for in the Convention shall, if necessary by means of public offices, be
available for the seamen of all countries which ratify the Convention, and
where the industrial conditions are generally the same.
MIGRATION BETWEEN EUROPEAN COUNTRIES
129
(b) Bilateral Treaties concerning Migration
FROM One European Country to Another
Immediately after the war, and as a result of the exchanges
of workers arising out of the circumstances already described (see
Volumes I and II, Chapter XII), France concluded the first
labour treaties; she required large numbers of foreign workers
at that time, owing to the exhaustion produced by the war and
the need for reconstruction. Though these treaties vary so
much that no very clearly marked distinction can be drawn
between them, they may nevertheless be divided into two main
groups : treaties relating to the emigration of workers in general,
without restriction; as to occupation or duration of stay—e.g. the
different treaties negotiated by France—and treaties relating
to seasonal emigration of certain well-defined classes of workers,
such as the agreements by means of which Germany and Austria
acquire the agricultural labour which they lack.
The main object of the first group is to lay down principles,
generally based' on reciprocity agreements, and as far as possible
to establish equality of treatment between nationals of the
contracting Parties on the territory of either State with regard
to working conditions, laws for the protection of workers and
social welfare, and sometimes charitable relief as well. As these
treaties aim, further, at regulating both temporary migration and
permanent settlement of workers and their families, they contain
clauses dealing with faeilities for entering and leaving the country
as well as clauses relating to permanent residence, such as those
for the acquisition of smallholdings by settled immigrants.
Treaties in the second group are designed in the first place to
solve certain ptactieal difficulties. They aim at fixing conditions
governing the collective engagement and employment of a
definite number and grade of workers who are not to be given
an opportunity of establishing themselves as part of the general
economic structure of the country; such treaties require workers
brought into the country for a specific engagement to return to
their native country at the end of the season. Since the workers
only remain for short periods of time on the territory of the
employing country, such treaties contain neither residence clauses.
9
130
PROVISIONS RELATING TO FOREIGN WORKERS
nor clauses dealing specially with workers’ dependents, for whose
migration no provision is made. Any provisions concerning
social insurance are, therefore, often limited to insurance against
immediate risks.
AUSTRIA
While the object of an agreement concluded with France is to
organise the emigration to that country of surplus industrial
workers, various agreements with Central European countries
are designed to regulate the recruitment in those countries of
agricultural and forestry workers, of whom there is a shortage
in Austria.
Austria-Czechoslovakia.—In application of Article 22 of the Treaty
of Commerce of 4 May 1921, which provides for the'collective recruitment
by agreement of agricultural workers, successive agreements have been
concluded, usually for the period of one year, to regulate the recruitment
of Czechoslovak agricultural workers for Austrian agricultural and forestry
undertakings. Finally, on 24 June 1925 a new permanent administrative
agreement was entered into by the Austrian Minister of Agriculture and
Fprestry and the Czechoslovak Ministries of Social Welfare and Agriculture.
This agreement lays down general principles for recruitment. It resembles
the agreements dealt with under Germany in that it regulates purely
seasonal emigration movements. It even specifies (Article 2) that Czechoslovak workers can under no circumstances be permitted to remain in
Austria after 15 December of each year. Workers violating tips provision
are expelled.
The agreement also resembles the Germano-Czechoslovak Treaty concluded more recently as regards the method of recruitment, which must be
effected in groups under the supervision of a foreman.
The agreement which lays down these general principles further provides
(Article 1) for annual conferences to be held, at which the two countries
will jointly draft the model contract under which the workers are to be
engaged. This model contract is to be drawn up by representatives of the
Austrian and Czechoslovak Ministries concerned, the recruiting agencies
of both countries, and the Czechoslovak Consulate-General in Vienna,
together with representatives of the Austrian Employers’ and Czechoslovak
Workers’ Organisations “chiefly concerned” (Article 1).
The competent organisations for recruitment and placing in Austria are
the public offices for agricultural and forestry workers (o^entliche Zentralstelle für Land- und Forstwirtschaftliches Arbeitswesen), and in Czechoslovakia the official labour exchanges (Staatliche Arbeitsämter). Workers
can only be recruited and placed in employment through those organisations.
Any clandestine engagement of workers—that is to say, engagement through
other channels—is forbidden (Articles 6 and 7).
Workers are recruited as a rule in groups of at least three persons. The
Czechoslovak labour exchanges can refuse to recruit less than three workers
(Article 5).
The foremen of groups (Gzady) are in principle selected by the Czechoslovak labour exchanges, but the latter must as far as possible meet the
wishes of Austrian employers when the latter desire to engage a particular
foreman, except in cases where the competent labour exchange has withdrawn such foreman’s right to recruit workers (Article S). ■
MIGRATION BETWEEN EUROPEAN COUNTRIES
131
Two copies of the labour contract, signed by the employer and visaed by
the Minister of Agriculture are forwarded to the competent Czechoslovak
employment exchange, together with a sum of 26 Czechoslovak koruny
being an advance on account of recruitment and other expenses. These
expenses are subsequently refunded by the contractor. When recruitment
is effected in Slovakia or in the Ruthenian Territory the employer must
immediately pay an accident insurance premium of 15 Czechoslovak koruny
per head, which is transferred to the Bratislava Accident Insurance Fund,
with which the workers remain insured.
The foreman may be entrusted with the task of recruiting his group and
of arranging for the workers to undergo medical examination; the cost of
this is subsequently refunded to him. In sueh case, after having aequainted
himself with the conditions embodied in the contract, he signs it and receives
an advance to cover the costs of the journey. The workers whom he has
engaged then sign copies of the contract, as well as the copy which remains
in the possession of the foreman and serves as a passport (Article 8).
As soon as the workers arrive at the place where they are to be employed,
they have to undergo a second medical examination by a medical officer
(Article 9).
The Treaty strictly forbids workers and employers to amend the model
contract in accordance with a private understanding without the consent
of the ministries concerned. A worker who violates these provisions, who
leaves his employment without good reason, or enters into the employment
of another master without the authorisation of the official Austrian organisation, renders himself liable to be dismissed and returned to his country
through the Czechoslovak Consulate in Vienna (Article 2).
The Czechoslovak authorities reserve the right to recall groups of workers
or parts of groups if they consider such action justifiable for national or
military reasons (especially for military service) but not from economic
considerations. When a worker is recalled for military service, he bears
the cost of the return journey; but if he is recalled for any other national
or political reason, the expenses are borne by a fund created at the Austrian
Public Offices for Agricultural and Forestry Workers out of contributions
made by the employers or are met directly by the employer concerned.
When a workipr is reealled by the authorities of his country, the wages due
to him must be paid. The employer is not entitled to damages when a
worker is recalled. When a worker does not return with his group the
Czeehoslovak Consulate-General must, on the application of the Austrian
authorities, furnish him with a certificate duly visaed, which takes the
place of a passport (Article 4).
In order to secure the observance of the agreement, the competent Austrian
Ministry has a right of inspection for purposes of verification. The Public
Offices for Agricultural and Forestry Workers and the Czechoslovak Consulate
are to co-operate in the solution of any disputes that may arise. The
Czechoslovak consular authorities are likewise competent to represent the
interests of the Czechoslovak workers (Articles 5 and 10).
The creation of an arbitration tribunal, presided over in turn by a delegate
of the Austtian Ministry of Agriculture and a delegate of the Czechoslovak
Consulate-General, and composed of a representative of the Austrian
employers and a representative of the Czechoslovak workers is also provided
for (Article 11).
The annual conferences held in accordance with Article 1 of the agreement
of 1925 have for each year laid down conditions for the engagement of
Czechoslovak workers; for instance the agreement concluded on 8 and
9 November 1926 to operate during the year 1927 dealt with the following
matters : duration of engagement, length of the working day and of rest
periods, wages, guarantees to be deposited by the employer, living conditions
of workers, breach of contract, travelling expenses (to be paid by the
employer, but with a reduction of 50 per cent, on the ordinary fares charged
132
PROVISIONS RELATING TO FOREIGN WORKERS
by the Czechoslovak railways), the right to benefit by Austrian sickness and
accident insurance laws, except as regards workers recruited in Slovakia
and Sub-Carpathian Russia, who remain insured with the Bratislava Insurance Fund, the remuneration of foremen who serve as recruiting agents,
methods of supervising the carrying out of labour contracts. A clause was
also inserted relating to the supervision of frontier traffic with the object
of preventing this traffic from exceeding the limits set by the agreement
on the subject (see Chapter VIII, § 6) which prohibits the settlement on
Austrian territory of immigrant workers who have entered under the frontier traffic regulations. Further, at this conference the m^ethods of procedure
of the arbitration tribunal provided for in Article H of the agreement, were
definitely agreed upon, and the organisation entered upon its actmties.
Austria-France.—In 1926 an agreement, the text of which has not been
published, was concluded to regulate the recruitment of Austrian workers
to be employed in French undertakings. By the terms of this agreement
applications for the collective recruitment of such workers must be addressed
by the French Foreign Labour Service to the Migration Office in Vienna,
together with a statement as to the classes of workers required by French
industries and the proposed conditions of employment, which must comply
with those of a model contract drawn up at the same time as the agreement.
When the Austrian Migration Office, after examining thq condition of the
labour market and the labour contract which accompanies the application,
signifies its approval, the workers are recruited by an industrial committee
approved by the two Governments and composed of representatives of
employers and workers. The Austrian workers who present themselves
are questioned by the representative of the recruiting firm and have then to
undergo practical tests of their ability, so far as circumstances allow.
Finally, they are medically examined. Workers who have successfully
passed the various tests are engaged on the basis of a model labour contract
(cf. §3)1.
Austria-Hungary.—A protocol regulating the emigration of workers
was appended to the Additional Agreement to the Treaty of Commerce
of 8 February 1922, signed on 9 April 1926. The Hungarian Government
states that it is prepared in future to give consideration to aiiy offers which
may he made by the Austrian Government to employ surplus Hungarian
agricultural workers upon Austrian territory.
The contracting Parties have agreed that information given with this
object in view by Austrian Government officials or official agencies will be
utilised by the Hungarian employment exchanges, which will keep a record
of offers of employment that may suit their workers. The same protocol
lays down that detailed regulations for the engagement and assignment of
agricultural workers shall form the subject of special administrative agreements to be concluded by the competent authorities of the two countries.
Austria-Pòland.—In the Commercial Convention dated 25 September
1922 (Article 20) provisions have been inserted which amount to a provisional regulation of seasonal agricultural emigration, pending ah agreement
which, by the adoption of a model contract, will make definite regulations
as to the recruitment and assignment of workers and the conditions of their
employment. The contracting Parties undertake to examine this question
jointly and in a spirit of friendship, and to do their best to ensure that the
mutual need for workers of this kind shall be duly met. The exchange of
workers is to be exclusively regulated by the federal or provincial offices
concerned. They mutually agree to accord the maximum seasonal travelling facilities to agricultural workers both on entering and leaving the country. As regards workers who, when travelling from the territory of one of
1 Oommunioation from the Austrian migration Office, dated Oct. 1926.
MIGRATION BETWEEN EUROPEAN COUNTRIES
133
the Parties to the territory of the other, have to pass through the territory
of a third State, the contracting Parties agree to take joint steps to obtain
from the Government of that State all possible facilities for transit and
crossing of the frontier. As regards conditions of work and the protection
of workers, the provisions of the agreement ensure to workers from the
territory of either contracting Party employed on the territory of the
other the same treatment as national agricultural workers of the same
class.
»S;
BELGIUM
Two general labour treaties—one with France, the other with
Luxemburg—have been concluded embodying the principle of
identical and reciprocal engagement of the two Parties concerned.
They contain no provisions respecting collective recruitment, but
make regulations concerning emigrant workers from the territory
of one Party employed on that of the other without limitation
of the period of their residence; certain stipulations relating to
property are made regarding permanent or even definite residence.
Further, an agreement has been signed to regulate seasonal
emigration of Belgian workers to France, and the position of the
inhabitants of the frontier zone, while an agreement with Italy
establishes measures to be taken with a view to recruiting
Italian workers for Belgian industries.
Belgium-France.—A general Labour Treaty was concluded on 24 December 1924. ‘ This Treaty first of all contains provisions relating to freedom
of emigration and immigration and temporary limitation of this freedom in
certain circumstances. In Article 1 the two Governments agree not to
place any obstacle in the way of the departure of their respective nationals
desiring to travel from one of the two countries in order to take up employment in the other and to accord all administrative facilities to such workers
and their families. Subj ect to the fulfilment of the prescribed administrative
formalities, such workers and their families are free to enter, stay in and
leave the country of destination. But Article 4 adds that if the condition
of the labour market at certain times, in certain areas, and in certain occupations, renders it impossible to find employment for immigrants who come
individually and voluntarily to seek employment, the Government concerned shall at once notify the other Government through diplomatic
channels in order to enable it to take the necessary steps. The two Governments undertake to notify each other of the restrictive measures which
they may consider advisable with respect to the workers concerned, before
such measures are put into operation.
Article 2 declares that immigrant workers shall receive, for work of
equal value, remuneration equal to that received by nationals of the country
in the same occupation employed in the same undertaking or, in default
of nationals in the same occupation employed in the same undertaking,
not less than the customary wages of workers in the same occupation in the
district. The Government of the country of immigration undertakes to
ensure equality of the wages of immigrant workers and of its own nationals
within its territory.
Article 3 provides for the protection of immigrant workers by the country
of immigration. The workers of either Party shall enjoy the same protection
184
PROVISIONS RELATING TO FOREIGN WORKERS
as is granted to nationals by the laws and customs of the country in respect
of conditions of employment and standard of living. All complaints made
by workers from the other country concerned respecting conditions of
employment and standard of living offered them by their employers, or
difficulties of any kind which necessitate the intervention of public authorities, shall be addressed or transmitted either directly or through the
diplomatic or consular authorities to the competent authorities of the
country ; the competent administrative department of this country shall
proceed to make the requisite enquiries and shall haVe the sole right to
intervene.
A whole series of provisions deals with the ways in which social and labour
legislation is to apply to immigrant workers. In all matters relating to
the acquisition, ownership and conveyance of small rural and urban holdings,
the nationals of each of the two countries in the territory of the other shall
have the same rights and advantages as are guaranteed to nationals of that
country, with the exception of bonuses granted free of charge by either of
the two Governments to builders and purchasers of cheap houses, and advantages granted on account of war occurrences and subject to any provisions
respecting particular zones or places adopted in the interests of national
safety under the laws relating to the residence and settlement of aliens
(Article 5).
Workers and employers of both countries who are concerned in collective
labour disputes may be members of conciliation and arbitration committees
appointed to deal with such disputes (Article 6). Subsidies to mutual
unemployment funds and assistance from public unemployment funds and
public institutions for relief work shall be granted in each of the contracting
States to nationals of the other State (Article 7). Finally, Article 8 lays
down that nationals of each of the contracting Parties when in the territory
of the other Party shall enjoy equality of treatment with the nationals of
that country as regards the application of the laws regulating conditions of
employment and the health and safety of workers. This equality of treatment shall be extended to all future provisions which may be issued in this
connection in either country.
Article 9 regulates the question of taxation. Neither of the two contracting States is to impose special duties or taxes on nationals of the other
State on account of their employment in its territory, but this provision
is without prejudice to the requirements of the laws and regulations concerning general taxation affecting aliens, especially those connected with
the issue of permits of residence. It is not to be understood as exempting
nationals of either of the contracting States resident in the territory of the
other State from all taxation, present and future, which is imposed on the
nationals of the state of residence.
Provision is further made for administrative arrangements securing the
co-operation of the competent Government services in the execution of the
Treaty and for direct communication between the services (Article 10).
Article 11 provides for regulation of any difficulties that .plight arise
between the two Governments with regard to the application of the Treaty,
by an arbitration tribunal.
An Agreement dated 4 July 1928 makes regulations applicable to workers
in the frontier zone (see Chapter VIII, § 6) and facilitates exchanges of
seasonal workers by simplifying the formalities with regard to the entry
of Belgian workers who—while remaining domiciled in Belgium—proceed
to France to work in industrial, commercial or agricultural undertakings
for a period of time not exceeding the interval during which a French identity
card is not required (sixty days). Such workers need only obtain an identity
card from the burgomaster of the commune in which they reside, which
is issued to them on production of a certificate of good conduct and a certificate from the head of the undertaking which employs or promises to
employ the applicant; this certificate must be endorsed by the competent
MIGRATION BETWEEN EUROPEAN COUNTRIES
135
French authority. On the identity card the burgomaster must indicate
the name and address of the employer, the occupation to be followed by the
seasonal worker and the French authority which has endorsed the employer’s
certificate. The seasonal worker must when entering the country present
his card to the special French commissioner for endorsement, together with
the employer’s certificate. Seasonal workers’ cards are issued and endorsed
free of cost. The two competent Governments undertake to withdraw
such cards if the holder commits an offence,
i
Belgium-Italy.—In virtue of an administrative agreement between the
Belgian Ministry of Industry and Labour and the Italian Consulate at
Brussels, which came into force on 1 October 1923, Italian labourers may he
recruited for Belgian industries subject to the following regulations’: Belgian
manufacturers who wish to have recourse to the recruitment of Italian
workers must fill up a special form in which they specify the conditions of
employment offered. The forms are collected by the official and approved
labour exchanges, in the respective districts, so that these exchanges may
verify whether the terms offered correspond to the conditions which are
usual in the region where the worker is to be employed, whether adequate
provision is made for housing the workers who are to be recruited, and
whether the applicant can offer guarantees for the fulfilment of his legal
obligations. The cohipetent labour exchange then forwards the application
to the Ministry of Industry and Labour, commenting on it favourably or
otherwise. The Ministry sends on satisfactory applications to the representative of the Italian Emigration Department the latter takes no
applications into consideration which have not reached it through the
above-mentioned channel
Belgium-Luxemburg.—The Labour Treaty concluded on 20 October
1926 reproduces word for word the text of the Franco-Belgian Treaty
analysed above, with the exception of Article 7 which, in view of the different
way in which unemployment relief is organised in Luxemburg, stipulates
that “allowances granted in case of unemployment by either of the two
States shall be granted in each contracting State to nationals of the other
State”.
The provisions relating to taxation (Article 9 of the Franco-Belgian
Treaty) are omitted.
CZECHOSLOVAKIA
Agreements with Germany and Austria regulate the collective
recruitment of Czechoslovak agricultural workers for seasonal
employment in these two countries (cf. Germany and Austria).
A treaty with France, based on the principle of complete reciprocity, deals both with voluntary emigration of individuals and
with collective recruitment for unlimited periods of time; subsequent agreements have in addition defined conditions of seasonal
agricultural emigration into France (cf. France).
1 This is now replaced by the Directorate-General for Italians Abroad.
8 Service du chômage et du placemeimt : “Circulaire ministérielle aux Bourses du
travail ofäcielles et agréées”. No. 2700-2651, Revue du Travail, Oct. 1923, p. 2199.
136
PROVISIONS RELATING TO FOREIGN WORKERS
FRANCE
France has concluded a large variety of treaties with the
object of supplying her industries and agriculture with the foreign
labour required; these include general labour treaties containing
numerous residence clauses, e.g. those concluded with Belgium
and Italy ; treaties regulating at one and the Jcame time collective
recruitment and voluntary immigration of individual workers,
e.g. those concluded with Poland and Czechoslovakia; and a
number of miscellaneous recruitment agreements dealing either
with permanent or seasonal labour. Frequently a principal
treaty is supplemented by subsidiary agreements.
Under Belgium will be found agreements concluded with that
country. Others, concluded with Germany and Great Britain^
regulate the exchange of student employees. They are analysed
in § 4 (“Apprenticeship”).
France-Czechoslovakia.—The provisions of an agreement signed on
20 March 1920, and known as the “Convention respecting Reciprocal
Emigration and Immigration” follow very closely those contained in the
Franco-Polish Convention of 1919. Like the latter they are concerned
both with individual emigration and with collective recruitment and lay
down both ordinary regulations and special emigrant workers’ regulations
for each of these two categories.
The principal differences are :
(1) The omission of the most-favoured-nation clause, contained in
Article 4 of the Franco-Polish Convention.
(2) Regarding the protection of emigrant workers by the Government
of the employing country, the Franco-Czechoslovak Convention stipulates that any complaints made by foreign workers as to the conditions
of employment and living offered them by their employers or difficulties
of any kind which they may experience shall be investigated by the
competent administrative departments, which shall have the sole
right to intervene for the purpose of settling difficulties or differences.
If necessary, the Governments may for this purpose employ, each in its
own territory, special inspectors or correspondents speaking the language of the immigrant workers concerned (Article 4).
(3) The facilities granted to emigrant workers entering and leaving
the country and to those returning to it (Article 6 of the Polish Convention) are extended by the Czechoslovak Convention (Article 5) to
workers and their families leaving their country of origin, and travelling
either separately and on their own initiative or as a result of organised
recruiting, from one country to the other in search of employment.
(4) In Czechoslovakia organised recruiting is exclusively carried out
through the Central Labour Office (Ministry of Social Welfare) and in
France by the National Employment Office; all direct recruiting
operations carried out within the country of recruitment, even by
employers or their representatives, otherwise than through these
official organisations, are void and involve the nullity of the engagements which have arisen therefrom.
(5) The application in connection with each case of organised recruiting is not endorsed unless—apart from the conditions to be fulfilled
MIGRATION BETWEEN EUROPEAN COUNTRIES
13T
as laid down in the Franco-Polish Convention—it is guaranteed that
no strike, lock-out or trade disturbance of any kind is going on in the
undertaking making the requisition. This provision, as a matter of
fact, was subsequently inserted in connection with the recruitment of
Polish workers, in the Franco-Polish Protocol of 3 February 1925.
In conformity with Articles 11 and 13 of the general Treaty of 1920,
which provided for the holding of annual conferences and the conclusion
of special arrangements between Government departments for the application of the Treaty, conferences were held which on various occasions
drew up detailed regulations for collective recruitment, e.g. the number of
workers to be recruited and the districts from which they were to be drawn,
and the clauses to be inserted in model labour contracts for different categories of workers.
The Agreement concluded on 28 May 1926 deals with variations in the
methods to be employed for the recruitment of workers. All applications
for labour from Bohemia, Moravia and Silesia pass through the Employment
Exchange at Prague, which indicates the local offices through which the
workers are to be obtained. With regard to recruitment in Slovakia and
Sub-Carpathian Russia, the Employment Exchange in Prague does not
accept applications for recruitment but merely indicates the offices to which
they are to be addressed; and the representative of the French General
Immigration Society ^ communicates with those offices direct and may, in
agreement with them, advertise for workers in the districts where they are
situated. The same agreement lays down that the fees of the doctor
appointed to examine workers who have been recruited are to be paid by
the employer. The latter must also pay to the competent employment
office a tax of 8 koruny for each worker recruited. In the same way, all
expenses in coimection with passports are payable by the employer.
Agreements relating to the recruitment of seasonal workers, both for
agriculture and for the sugar-beet industry, have also been signed. Special
model labour contracts for the use of these classes of workers have been
drawn up.
By the terms of the Agreement of 1923, agricultural workers of either
sex are recruited in Czechoslovakia through the Agricultural Labour
Exchanges, under the joint supervision of the Czechoslovak authorities and
of an agent approved by the French Ministry of Agriculture. They must
be engaged in accordance with the clauses of a model contract laid down
by this Agreement.
The Agreement of 1927 deals especially with the determination of the
number of Czechoslovak seasonal workers to be recruited annually. The
number of such workers must be settled each year by the French Government in agreement with the requirements of French agriculture and with
the number of Czechoslovak agricultural workers employed in France
between 1923 and 1925, so that applications received for such workers may
be equitably co-ordinated with applications made to other emigration
countries which also supply labour of this kind.
France-Great Britain.—In 1923 an Agreement was concluded with
the object of recruiting British workers for employment in French undertakings. It stipulates that applications sent in by employers, after having
been endorsed by the French Ministry of Labour, are forwarded to the
Ministry of Labour in London, which undertakes to bring them to the
knowledge of British unemployed workers possessing the requisite qualifications, through the medium of the official labour exchanges. A model
labour contract was appended ^ to the Agreement. Further, the British
1 This society represents those French employers who are authorised by the Government to recruit alien labour in different countries.
2 Communication received from the British Government, 1923.
138
PROVISIONS RELATING TO FOREIGN WORKERS
and French Governments, by Declarations exchanged on 16 May 1928,
laid down the conditions under which nationals of either Party are allowed
to enter the territory of the other Party for the purpose of taking up paid
emplo5unent. These Declarations recall that, in the ordinary course, posts
available in each country are reserved for nationals, unless workers capable
of filling them cannot be found and employers cannot be reasonably expected
to train workers to fill the vacancies in question. Nevertheless, exceptions
to this rule are made in favour of employees occupying positions of responsibility and confidence in British establishments in France and French
establishments in Britain (banks, industrial or commercial establishments,
hospitals, educational institutions), teachers of either sex of the English
language in France and the French language in Great Britain, female
domestic servants, lady companions, actors, actresses and concert, musichall, cabaret and circus artistes other than musicians belonging to an orchestra. As regards artistes, permission to take up employment is granted for
three months, but may be extended.
In all cases without exception, nationals of either State desiring to take
up paid employment in the other country must obtain previous authorisation from the Ministry of Labour of the employing country; this permission may be refused if the condition of the labour market is unfavourable
or if the remuneration offered to the foreigner is inferior to the normal
and customary remuneration of nationals in the district and the class of
occupation in question. Further, all persons concerned must observe the
general regulations relating to foreigners in force in the country to which
they emigrate.
The agreement specifies that paid workers to whom it is applicable may
change their employer without such change neeessarily involving the
withdrawal or refusal of permission to reside in the country, provided that
the worker concerned continues to follow the same occupation. It is recalled
that in Great Britain a foreigner who is considered to be a permanent
resident, and in France a foreigner who has resided in the country for more
than five years, requires no authorisation in order to change his occupation.
The same Declarations lay down that nationals of either State employed
within the territory of the other are entitled to return to the latter after
a short absence abroad. In France the Government will for this purpose
issue to British subjects special permits valid for an absence abroad not
exceeding two months.
France-Italy.—The Labour Treaty dated 30 September 1919 is extremely
complicated, for the Governments in concluding it desired not only to
regulate the emigration of workers but in general “to afford all facilities in
their respective countries for the settlement of emigrant nationals of the
other State”, according equality of treatment with their own nationals to
nationals of the co-contracting Party wherever possible. This Treaty
accordingly contains provisions relating to workers and their families
entering and leaving the country, and to the workers’ living conditions,
besides a number of provisions concerned with welfare, relief and protection
not only of workers but of nationals of the contracting States in general,
all of which provisions are based on the principle of equality of treatment
with nationals. The Treaty further provides that the same principle shall
be observed in connection with the development of the social legislation of
the contracting States.
The main provisions of the Treaty are given below.
As in the Franco-Belgian Convention, concluded subsequently but analysed above, the two Governments agree to give full administrative facilities to nationals of either country desiring to travel to the other country
in order to take up employment there. No special authorisation is required
for foreign workers to leave their country of origin in order to go to the
other country, either individually and voluntarily or in consequence of
collective recruiting, nor for their families. These workers and their
MIGRATION BETWEEN EUROPEAN COUNTRIES
139
families are to be allowed to travel freely in the country to which they go,
without any special authorisation (Article 1). Nevertheless, if the condition
of the labour market at certain times in certain areas and in certain trades
renders it impossible to find employment for immigrants who come individually and voluntarily to seek work, the Government concerned shall at
once warn the other Government through diplomatic channels, so that the
necessary steps may be taken. The two Governments, if necessary, shall
jointly consider the steps to be taken for this purpose in the two countries
(Article 4). In order to ensure the regular working of the administrative
services which have to facilitate the passage of emigrants to the frontier,
the competent administrative departments shall make any arrangements
between themselves which circumstances may require, assimilating as far
as possible the administration of their respective laws and regulations
(Article 6).
The provisions relating to equal remuneration for national and foreign
workers (Article 2) and protection of immigrant workers (Article 3) are
identical with those of the Franco-Belgian Convention. But, in addition.
Article 3 authorises each Government to attach to its Embassy in the other
country a technical specialist to deal with matters concerning labour and
relations with the competent central department of the other country.
The two Governments shall accord facilities for the work of these attachés.
According to Article 5, the signatory Governments agree to ensure that
workers shall not be recruited collectively in such numbers as to prejudice
the economic development of the one country or injure the workers of the
other. For this purpose they shall appoint a Commission which shall meet
as a rule at Paris at least twice a year.
It shall be the duty of their respective representatives on this Commission
to estimate in particular approximately the number of workers which it
seems possible to recruit, as well as the number which it seems desirable to
recruit, before the opening of the next session; and further, to indicate the
areas to which immigrant workers should preferably be directed and those
to which they should not be directed, in view of the number of workers
available. In this connection each State reserves to itself the right to take
the advice of the organisations of employers and workers concerned in its
own tertitory.
There are several clauses dealing with social insurance. The scheme for
workers’ and peasants’ pensions (including special pensions for miners)
in force in either country shall apply to nationals of the other country
without exclusion from or reduction of the rights granted to the nationals
of the country in question, except as laid down in the Treaty in respect of
the method of calculation and payment of allowances and grants from
State funds. These provisions are declared to be applicable to allowances
for invalidity pensions as well. Others are concerned with grants to the
legal dependants of deceased insured persons. Provision is made for
supplementary agreements to define the conditions under which these
principles are to be applied and the relations to exist between the authorities making the payments (Article 7)
Article 8 recalls that equality of treatment as regards compensation for
industrial accidents already established (by the Agreement of 1906) is to
apply to any subsequent legislation on the subject. The same principle
is to be extended, under conditions determined by special arrangement, to
aU laws dealing with social insurance against various risks, such as sickness,
invalidity and unemployment, which may eventually come into existence.
With regard to the possession and transfer of small urban and rural
holdings, the same advantages are assured (Article 9) to the nationals of
each country as are accorded by Article 5 of the Franco-Belgian Convention.
1 Cf. § 5, (e), ol the present Chapter, for the Agreement oí 22 May 1924, in execution of
Article 7 above mentioned.
140
PROVISIONS RELATING TO FOREIGN WORKERS
Article 10 authorises Italian workers and employers resident in France,
and Freneh workers and employers in Italy, to be members of the managing
committees of friendly societies to whieh they belong, provided that the
number of foreign members of the management committee shall not exceed
a number less by one than the total number of members of the committee.
Subsidies to funds for mutual assistance against unemployment and
assistanee from public unemployment funds and from public institutions
for relief work shall be granted in each of the contracting States to the
nationals of the other State (Artieles 10 and 11).
Nationals of eaeh of the two States who need relief, medieal care, or any
other help, shall receive the same treatment as nationals, whether at home
or in hospitals and similar institutions. They are entitled to grants for
family expenses which are purely in the nature of relief, provided that
their families reside with them (Article 12).
The cost of assistance, whatever its amount, shall not be repayable by
the country of origin where such relief is required on account of acute
illness (Article 13). In other cases, including relapses, repayment shall be
made for the period following the first forty-five days on which relief has
been granted.
The State of residence shall also continue to bear the expenses of assistance,
which shall be non-repayable :
(1) in connection with the maintenance of aged, infirm, and incurable
persons, who have resided continuously for not less than fifteen
years in the country; this period shall be reduced to five years in
case of invalidity consequent on one of the occupational diseases
of which a list will be drawn up by special agreement ;
(2) in connection with all sick persons, the insane, and all other persons
receiving assistance who have resided continuously for five years
in the said country; in case of medical treatment for illness, a worker
who during the above period has remained in the country for not
less than five consecutive months in each year shall be deemed to
have resided there continuously.
In the case of children below the age of sixteen years, it shall be deemed
sufficient if the father, mother, guardian, or person who has the care of them,
fulfils the conditions of residence specified above (Article 14).
In the case of assisted persons who do not fulfil the conditions of residence
provided in the foregoing Article, at the end of a period of forty-five days
the State of domicile shall be bound either to repatriate the person concerned
if he is fit for removal, or to repay the cost of treatment to the State of
residence. No repayment will be required in cases where medical treatment
is guaranteed by the employer or given by a charitable society or otherwise.
Repatriation shall not be imposed in cases of special assistance to large
families and to lying-in women (Articles 15 and 16). Article 16 further
provides that the procedure, conditions and methods of repatriation and the
method of proving and calculating the duration of continuous residence
will be regulated in detail by the two signatory States by special agreement
The two Governments undertake to ensure that in centres of population
in each country which include a considerable number of workers of the
other nation, the means and resources for treatment in hospitals, etc., shall
be adequate for sick and injured workers and their families.
Charitable societies and societies for assistance or mutual aid among
Italians in France and French workers in Italy, and mixed societies in both
countries constituted and operating in accordance with tjie domestic laws,
1 The Agreement , concluded in accordance with this Treaty on 4-30 .Tune 1924 is
analysed in Chapter VI, § 7.
MIGRATION BETWEEN EUROPEAN COUNTRIES
141
shall have the rights and advantages guaranteed to French or Italian
societies of the same kind (Article 17).
Workers and employers of both countries may be members of conciliation
and arbitration committees in collective disputes between employers and
workers in which they are concerned.
In any case in which immigrant miners have designated among their
fellow-workers in the same undertaking a representative to state their
demands respecting the conditions of work, either to the employers or to
the miners’ delegates or to the authorities of the country, the said authorities
shall give him facilities for the execution of the duty entrusted to him by
his fellow-workers (Article 18).
The committee, consisting of French and Italian nationals, provided for
in Article 9 of the Franco-Italian Convention of 10 June 1910, for the
protection of children and where necessary of adult workers, shall as a rule
extend its care to workers of all ages—Italian workers in France and French
workers in Italy—in areas where there is a sufficiently large number of
workers from the other country. The Treaty fixes the constitution of this
committee (Article 20).
Nationals of each of the contracting Parties when in the territory of the
other Party shall enjoy equality of treatment with the nationals of that
country as regard the application of the laws regulating the conditions of
employment and the hygiene and safety of workers.
This equality of treatment shall be extended also to all future provisions
which may be issued in this connection in either country (Article 19).
Article 21, in the same terms as Article 9 of the Franeo-Belgian Treaty
already analysed, prohibits the imposition of special duties or taxes on the
nationals of the other State (see Belgium).
In Article 22 the two Governments state that since equality of treatment
as between the nationals of the two countries respecting admission to
public elementary schools and the establishment of private schools is already
sufficiently established in principle in both countries by their respective
education laws, they reserve the right to negotiate a general convention
respecting education, and to include therein the measures necessary to
facilitate elementary and technical instruction for immigrant workers and
their families.
Article 23 provides that the position of seamen, fishermen and, in general,
wage-earning persons (personnel salarié) employed in fishing and the mercantile marine shall be regulated by one or more conventions governed by
the same principles as the Treaty, especially with a view to the establishment
of a pensions scheme. Finally, it should be noted that though the convention is not applicable to colonies, possessions and protectorates, the Governments undertake to enter into negotiations for the purpose of concluding
special agreements on this subject in accordance with the principles and
spirit of the Treaty.
Article 24 of the Labour Treaty provides that the countries’ competent
administrative departments shall by agreement issue the detailed regulations necessary for the execution of the provisions of the Treaty and the
co-operation of these departments ; thus, regulations in execution of Article 7
dealing with workers’ pensions were made by the Agreement of 22 May 1924
(cf. § 5 e of the present Chapter) and Articles 12 to 16 relating to medical
assistance have led to the conclusion of the Agreement of 4 June 1924
(cf. Chapter VI, § 7).
Further, in an additional declaration dated 16-19 February 1920, France
and Italy agreed that, in view of the special laws in force in Alsace and
Lorraine, the application of the provisions of the Treaty of 30 September
1919 and especially of those relating to insurance against industrial accidents,
sickness, invalidity and old age, should form the subject of special agreements between the two countries. It was also agreed that Italian w'orkers
and their legal heirs, as regards rights acquired between 11 November 1918
and the date when these special agreements were concluded, should continue
142
PROVISIONS RELATING TO FOREIGN WORKERS
to enjoy the advantages of the scheme established by the Italo-Gíerman
Agreement of 31 July 1912-25 March 1913.
France-Poland.—By an agreement concluded on 3 September 1919
called the “Convention respecting Emigration and Immigration”, which is
the earliest of the general labour treaties, France and Poland endeavoured
to regulate migration movements from the one country to the other and to
ensure that their respective nationals should enjoy reciprocal industrial
protection and be enabled to share in the advantages conferred by existing
laws relating to compensation for industrial accidents.
As regards emigration proper the purpose of the treaty is, according to
Article 1 :
(1) to give full administrative facilities for nationals of either country
to travel to the other country in order to take up employment
there, and for their return to their native country;
(2) to authorise the collective recruiting of workers in either country on
behalf of undertakings situated in the other, under the conditions
laid down in this Convention,
Accordingly, after laying down provisions in Part I relating to emigrants
of both kinds, the contracting Parties have established a special system
of regulations to govern individual emigration and one to apply to the
collective recruitment of workers.
The first of the general provisions relates to wages. Immigrant workers
are to receive, for equal work, remuneration equal to that of nationals of
the country in the same occupation who are employed in the same undertaking on similar work, and based on the customary rate of wages current
in the district.
Like the Franco-Belgian and Franco-Italian Treaties analysed above, the
Franco-Polish Convention makes a point of applying this principle of
equality to the whole of the regulations relating to immigrant workers.
Thus Article 3 stipulates that immigrant workers “shall enjoy the protection
granted to workers under the domestic legislation of the high contracting
Parties, and also any further protection which the contracting Parties may
guarantee them under special conventions concluded with each other or
with other Powers”. In the same Article, the French Government, making
use of the facilities granted by the Act of 9 April 1898 (section 8, final
paragraph) repeals, as it has already doné in the case of Belgian, Italian,
Luxemburg and British workers, the restrictions imposed by laws relating
to industrial accidents on Polish workers who are victims of accidents and
on their legal dependants or representatives who (at the time of the accident)
are not resident or who have ceased to be resident in French territory. An
agreement concluded in the form of an understanding between the competent
French and Polish administrations is to specify the conditions requisite for
the payment of benefits and pensions in Poland and France
Article 4 of the Convention further contains the raost-favoured-nation
clause :
“If after this Convention is put into operation any convention concluded between one of the contracting Parties and another Power
grants to nationals of the other Power greater advantages than those
provided for in the Franco-Polish Convention, the benefit of these
greater advantages shall be extended to nationals of either of the high
contracting Parties employed in the country of the other Party.”
In virtue of this clause, the wider advantages subsequently granted by
1 Cf. § V, (d), of the present Chapter for the provisions of the Consular Convention of
30 Dec. 1925.
MIGEATION BETWEEN EUROPEAN COUNTRIES
14S
the Franco-Italian Treaty of 30 September 1919 to Italian workers employed
in France, and by the Treaty of 24 December 1924 to Belgian workers,
became applicable to Polish immigrants as well.
It is stipulated that the competent administrative department in each
country shall supervise the protection of workers from the other country
employed within its territory, and the application to them of the labour
laws and of the rules mentioned below. All complaints made by foreign
workers respecting the conditions of employment and standard of living
offered them by their employers, or respecting difficulties of any kind with
which they may meet in consequence of their being in a foreign country,
are to be addressed or transmitted to the said administrative department,
either directly or through the competent consular authorities, and may be
written in the native language of the workers concerned. These provisions
are in no way to limit the powers which have been or may be conferred
upon consuls under treaties and conventions and the laws of the country
in which they are resident (Article 5).
As regards individual emigration, the Franco-Polish Convention, like the
treaties previously analysed, lays down first of all the facilities with respect
to travel which are to be granted to emigrant workers and their families >
It is stipulated (Article 6) that, subject to certain temporary and exceptional
variations (see below. Article 10), no special authorisation shall be required
for workers leaving their country of origin, who are going separately and
on their own initiative from one coimtry to the other in search of employment,
nor for their families. Reciprocally, no special authorisation shall be required for foreign workers and their families to leave the country in which
they have been resident, when they wish to return to their country of origin.
The said workers, as a condition of enjoyment of the advantages of
this Convention, are required to obtain identity cards issued by their national
Governments.
If the condition of the labour market at certain times, in certain areas,
and in certain trades renders it impossible to find employment for immigrants
who come separately and on their own initiative to seek work, the Government concerned has at once to warn the other Government through diplomatic channels, and the latter Government will in turn inform its nationals.
If this notification fails to produce the desired result, the contracting
Parties will by agreement adopt other effective measures.
Collective recruiting, which, in the Franco-Italian Treaty concluded at
approximately the same time, is mentioned only incidentally and then
merely in order to point out its inconveniences to the Parties, is systematically organised by the present Convention.
The two contracting Parties pledge themselves to authorise the recruiting
of parties of workers within the territory of each on behalf of undertakings
situated in the territory of the other (Article 11); but the Government of
the country in which the recruiting is being carried on is to have the right
to determine the areas within its territory where recruiting shall be authorised or those to which the workers may be sent.
The two Parties are to fix by agreement the numbers and classes of
workers, parties of whom may be recruited, in such a way as not to prejudice
the economic development of one country or the interests of the workers
of the other country. For this purpose Article 12 specifies that the Governments shall appoint a Commission which shall meet at least once a year and
to which they shall submit the views of a national consultative committee,
which shall include representatives of employers and of workers, together
with representatives of the Government departments concerned. This
Commission is to meet at regular intervals.
In Poland recruiting is carried out exclusively through the National
Office for the Placing and Protection of Emigrants; in France by the
National Employment Office (Office national de placement). The workers
thus recruited are, before starting, accepted and classified or rejected,
either by an official mission representing the Government of the country
144
PROVISIONS RELATING TO FOREIGN WORKERS
in which they are to be employed, or by a representative of the employer
or of a trade organisation; in the two latter cases the said representatives
must be approved by both Governments.
The contraets of employment proposed by the employers, and their
applieations for workers, are to be in conformity with model contracts
drawn up by agreement between the two countries.
A copy of the apphcation in connection with each party to be recruited
shall be submitted by the employer for the approval of the competent
administrative department in the country in which the workers are to be
employed, and transmitted by the said department to the competent
department of the country in which the recruiting is to be carried out
Approval shall not be given unless the conditions of the contract specified
in the application are in conformity with the principles laid down in the
Convention, and proper provision can be made for the board and lodging
of the workers, and the need for workers justifies the recruiting on behalf
of the undertaking in question (Article 13).
The Treaty provides (Article 14) for special administrative arrangements
to determine conditions for the application of the Convention in respect of
the recruiting of parties, health regulations for leaving the country and
for the transport of workers, as well as for the transfer to savings banks
in the country of origin of savings deposited by workers in the savings banks
of the other country. The agreements which have been concluded to deal
with these subjects are analysed below.
The Additional Protocol .stipulates that within the three months following
exchange of ratifications of the Convention, a special convention shall
be drawn up to determine the conditions under which French workers in
Poland and Polish workers in France shall be entitled to enjoy the advantages of the laws respecting relief and insurance and social welfare, and shall
have the right to join trade anions and the right of association in accordance
with the domestic laws Of each of the contracting Parties.
This special Convention on Relief and Social Welfare was signed in
Warsaw on 14 October 1920. The stipulations relating to relief, supplemented by an Administrative Agreement dated 3 November 1926, were
analysed in Chapter VI, § 7 (Charitable Relief). There are also a great
many provisions dealing with workers’ rights of association and representation (cf. § 5, 6) and social insurance (cf. § 5, c). Other provisions supplement the Labour Treaty of 1919 on certain points bearing on the living
eonditions of settled emigrants; they bring the regulations respecting
Polish workers, made by means of conventions, into agreement with the
conditions laid down for Italian workers by the Labour Treaty of 30 September 1919.
The contracting Parties, referring to Article 3 of the Franco-Polish
Convention of 3 September 1919, grant respectively to nationals of the
other Party on their territory the same treatment as to their own nationals,
regarding the application of laws regulating the conditions of work and the
health and safety of workers ; this equality of treatment is extended to all
provisions on this subject which may subsequently be agreed upon between
the two countries (Article 13). Article 11 declares that charitable and
relief organisations, and organisations giving social or educational assistance,
also French consumers’ co-operative societies in Poland, Polish societies
in France and mixed organisations in either country, established and functioning in conformity with the laws of the country, will share the rights and
advantages guaranteed to Polish or French associations of a similar nature.
Further, Article 3 reproduces the provisions relating to the acquisition,
ownership and conveyance of small rural or urban holdings laid down in
Article 9 of the Franco-Italian Labour Treaty, while Article 4 repeats the
1 These stipulations bare been supplemented by the Protocol of 3 Feb. 1925, which Is
analysed below.
MIGRATION BETWEEN EUROPEAN COUNTRIES
145
provisions of Article 10 of that Treaty on the right to acquire membership
of a friendly society and to benefit by State grants to such societies.
Further, as provided in Article 12 of the Convention of 1919, negotiations
have subsequently been conducted on several oceasions with the object of
enforcing and supplementing the agreement, partieularly as regards collective
recruitment of Polish workers for French undertakings.
As a result an agreement and several protocols have been signed, reaffirming the understandings reached between the delegates on certain points.
The Agreement of 17 April 1924 bears on the following matters :
(a) The Circular of the Ministry of the Interior, No. 53, concerning
deportation of alien workers who have broken their contracts is not
to apply to Polish workers.
(b) The inspection service instituted by the French authorities to
ensure that contracts are carried out is to be augmented, and agents
acquainted with the Polish language are to be employed.
(c) Difficulties notified by the Polish consular authorities, or by
the official attached to the Polish legation at Paris to deal with immigration questions, are to be settled as quickly as possible.
(d) The Polish Government is to have the right to appoint officials
who are to assist in the recruitment of workers in Poland by industrial
representatives approved by the French and Polish Governments
under the supervision of the French Labour Mission, to be present at the
medical and technical examination of the workers recruited and the
signing of the contracts, and to assist in the arrangements made for
the transport of workers. These officials are to have no power of
taking action with regard to such operations, but must report to the
Emigration Office at Warsaw, which will take any necessary steps.
(e) Private charitable organisations for the relief of immigrants are
authorised to operate upon French territory.
(f) The Act of 28 March 1882 on compulsory attendance at schools
is to be strictly enforced as concerns the children of Polish workers,
the French Government promising to ensure that it is complied with.
After the Conferences held in January-February 1925, a protocol was
signed on 3 February 1925 and confirmed on 20 February 1925. It registers
the agreement reached with regard to the following :
French requests for workers endorsed by the competent authorities shall
be forwarded through diplomatic channels, to the Emigration Office; such
requests on the part of employers who desire to recruit workers collectively
shall only be endorsed if the conditions offered are in agreement with
Article 13 of the Convention of 1919, and if there exists no strike or lockout in the undertaking in question.
Polish workers will be presented by the public employment offices. A
selection from among them shall be made by the representative of a trade
organisation approved by both Governments, or by a representative approved
by the employer, under the supervision of the French Labour Mission.
This selection may be made by the Mission itself if the employer empowers
it to do so.
Wherever possible the medical examination shall be conducted at the
employment office by a doctor appointed by the French Mission or one
representing that Mission.
Each worker’s contract shall be made out in four copies, which shall
contain the address of the employer, the worker’s name, occupation, his
grade, the period of his contract and the amount of his wage. In the case
of miners and agricultural workers, where the exact occupation of an individual worker cannot be stated, the contract shall at any rate indicate the
conditions guaranteed to the worker. With regard to wages and the cost
of living, if, owing to unforeseen circumstances, the occupation originally
offered to the worker cannot be given to him on arrival, an equivalent
occupation must be found for him.
10
146
PROVISIONS RELATING TO FOREIGN WORKERS
Every worker found to be ill on arrival, and who is unfit for work but
can be moved, shall be returned to his country; the expenses of the journey
and his maintenance during the voyage will be paid to him as well as the
cost of any transport visa required.
The Treaty further provides that the transport of workers by sea or the
establishment of lodging houses at a port to be indicated shall be regulated
by subsequent agreements; but, in the meantime, it is laid down that the
organisations responsible for the transport of workers must appoint officials
to accompany them, or else must provide branch offices at places where
the journey is broken so that immigrants may be directed on their way.
The Polish authorities may appoint an official to accompany the workers
On their journey. He will travel at their expense.
At Toul (where an immigration office receives and dispatches groups of
Polish immigrants) conveyances shall be placed at the disposal of women
and children and if possible also of workers who have to carry luggage,
to transport them to the lodging-hosue. The workers may spend a night
at the receiving station if they so desire, before continuing their journey.
Finally, it was decided at the same Conference that an Advisory Committee should meet at least once a year in order to determine the numbers
and grades of workers to be recruited, and to indicate as far as possible
the districts from which they should come.
The Conference held in October 1928 dealt with the fixing of minimum
wages and with agricultural immigration.
With regard to wages, it was decided that where employers make application for a party of Polish workers, they shall indicate the “normal”
minimum wage rates, this expression being taken to mean the wages which
75 per cent, of the workers of a given grade are able to earn after a probationary period of not more than three months. The French authorities
shall verify the correctness of these wage rates, such verification to be
compulsory where Polish workers send in a complaint. It is provided that
the methods to be followed in fixing minimum wages in coal and iron
mines shall be determined separately.
The decisions on the subject of agricultural emigration deal with the
employment of women and with methods of inspection. With reference
to the emigration of women employed in agriculture, it was decided that
Polish women should only be placed singly in employment if they were over
thirty years of age. But younger women workers might be placed singly
on farms if the employer had already another woman of Polish nationality
in his employment, if he could prove by means of a certificate witnessed by
the mayor that another Polish woman or near relative of the worker lived
in the same district, or, finally, if the worker had been engaged for a period
of less than nine months and in accordance with the model contract drawn
up by the French authorities in agreement with the Polish authorities.
This contract must provide for the repatriation of the worker, in certain
circumstances.
It was further decided that the French authorities should encourage
the institution of special Relief Committees composed, if possible, of persons
acquainted with the Polish language; one of their principal tasks would
be to care for the well-being of Polish women occupied in agricultural work.
Further, the French Government undertook that in the year 1929 the
services inspecting the conditions of work of Polish agricultural workers
should be extended, the number of labour inspectors in these services being
increased from four to eleven, seven of whom should understand Polish.
Finally, the Conference decided that French employers declining to
refund 60 per cent, of the travelling expenses of Pohsh families (wives and
children under age) joining Polish industrial workers already settled in
France would no longer be permitted to engage any further Polish workers
1 Biuletyn Vrzedu Emigracyjnego, No. 19, 1 Nov. 1928.
MIGRATION BETWEEN EUROPEAN COUNTRIES
147
GERMANY
Agreements concluded by Germany aim as a rule at the provision of seasonal labourers for German agriculture.
An agreement concluded with France regulates the reciprocal
admission of temporary workers (cf. § 4 of the present Chapter).
Germany-Czechoslovakia.—An “Agreement concerning Czechoslovak
Agricultural Workers” was signed on 11 May 1928 after several provisional
agreements had been concluded ; its purpose, like that of the arrangements
which preceded it, is to furnish German agriculture with the labour which
it requires. Like the Germano-Polish Agreement analysed below, it explicitly stipulates that Czechoslovak emigration shall be seasonal emigration
(Article 1).
In spite of having similar aims, the provisions of this Agreement differ
considerably from those of the Germano-Polish Treaty of 1927, especially
in the form of recruitment adopted, which excludes recruitment of individual
workers, and also as regards the absence of clauses relating to soeial insurance.
On the German side, the German Central Office for Workers (Deutsche
Arbeiterzentrale) is responsible for the recruitment and placing of workers;
and on the Czechoslovak side the official employment exchanges ( Staatliche
Arbeitsämter) (Article 2). Workers are to be engaged in accordance with
a model labour contract drawn up by the Technical Committee for Agriculture
and Forestry of the German Federal Institute for Employment and Unemployment Insurance. -4ny modification of this model contract to the
disadvantage of the worker shall be reported to the Government of Czechoslovakia. Workers and foremen who break their contracts shall not be
re-engaged (Article 3). Workers are recruited by the Czechoslovak official
employment exchanges in groups of at least two persons. A foreman is
placed at the head of groups of more than fourteen persons (Article 4).
The Central German Office, which receives requests for labour, forwards
these to the Czechoslovak employment exchange, together with four copies
of the labour contract signed by the employer or by the Central Labour
Office for him (Article 5). The Czechoslovak employment exchange endorses
the contract and sends it, together with any additional information furnished
by the employer, to the foreman (gazdy), at the same time acquainting him
with the responsibilities which he will have to undertake. The contract
is then signed by the foreman (Articles 6 and 7). The workers to be engaged
are selected by the Czechoslovak employment exchanges in agreement with
the German Central Office for Workers. The workers, after having thoroughly acquainted themselves with the conditions of their engagement,
sign the collective agreement on which their names are entered. One copy
of the contract is retained by the foreman (Articles 8 and 9). The Czechoslovak employment exchanges must make arrangements for the departure
of the workers and inform the German Central Office of the exact date on
which they leave. The Central Office receives the workers at the frontier
station of Oderberg or, occasionally, at that of Tetschen-Bodenbach
(Article 10).
At the frontier the workers have to undergo medical examination and be
vaccinated at the employer’s expense. Sick and physically unfit persons
are returned (Article 11). Workers may not change their employment
unless in exceptional circumstances, and provided that in their new employment conditions are not less favourable than those under which they were
previously engaged. The German Central Office has to inform the Czechoslovak employment exchange of the reasons for the change (Article 12).
The German Central Office must pay a sum of 5 kronen for each worker
engaged to the Czechoslovak competent employment exchange; accounts
of these taxes are rendered every quarter (Article 13).
148
PROVISIONS RELATING TO FOREIGN WORKERS
The collective agreement takes the place of a passport when a group
crosses the frontier and for such time as the group remains in Germany;
no German visa is required. If a worker leaves his group while in Germany,
the Czechoslovak consul in Berlin must issue a passport for his return to
Czechoslovakia. This is delivered free of cost if the worker has left his
group through no fault of his own (Article 14).
Like the Germano-Polish Treaty, the Germano-Czechoslovak Agreement
grants to emigrant workers the same treatment as is enjoyed by German
workers in all matters relating to their protection, freedom of association,
public assistance and membership of conciliation and arbitration committees, subject to German legislative provisions applicable to all aliens
(Article 15). The German Government promises to ensure that the lodgings
provided for Czechoslovak workers shall be convenient and in a sanitary
condition.
Like Polish workers, Czechoslovak seasonal workers are exempted from
wage-taxes, if they furnish proof that they remain domiciled in Czechoslovakia (Article 16).
The Agreement does not apply to hop pickers.
Germany-Lithuania.—A Treaty of Commerce dated 1 June 1923,
pending the conclusion of a special agreement, makes provisional regulations
(Articles 22 and 23) concerning the recruitment of Lithuanian workers for
seasonal agricultural employment in Germany and the conditions of their
employment; the recruiting of such workers for German employers is to
be carried on exclusively through the German Central Office for Workers
(Deutsche Arbeiterzentrale) or its agents, in agreement with the Lithuanian
State Labour Inspectorate.
The Lithuanian Government undertakes to issue the necessary passports
to Lithuanian workers holding contracts of employment, and the said
passports shall be valid both for the journey to Germany and for the return
journey to Lithuania on expiry of the period fixed in the contract of engagement. The contract must in all cases state the date up to which the
migrant worker may be employed in Germany ; his right to reside in Germany
expires simultaneously with his contraet of employment.
The German Government undertakes to grant the same rights to migrant
Lithuanian agricultural workers as to German workers in respect of remuneration and conditions of employment. Further, it undertakes to allow
them to participate in social insurance benefits to the same extent as other
aliens; an exception is made in respeet of privileges granted by Germany
to the inhabitants of particular territories on her borders or to the nationals
of any State which has an insurance system equivalent to the German social
insurance system.
Germany-Poland.—Following several provisional agreements, a Treaty
making regulations for the emigration of Polish agricultural workers was
signed on 24 November 1927. Its principal object is to re-establish the
seasonal eharacter of Polish emigration to Germany. A temporary movement of workers was already in existence before the war; but during the
war and the years immediately following, in the absence of a treaty or any
regular agreement, many Polish workers occupied in German agriculture
settled permanently in Germany. The Parties agree that in future the
emigration of Polish agricultural workers shall be seasonal (Article 2).
Nevertheless, those workers who entered Germany before 1 January 1919
and settled there are entitled to remain in Germany in the capacity of
agricultural workers and to receive a residence certificate defining their
rights in this respect (Article 3). As regards Polish agricultural workers
who arrived in Germany between 1 January 1919 and 31 December 1925,
these are to be progressively incorporated in the seasonal movement of
workers during the period 1928-1932, contingents of workers to be repatriated
being drawn annually from the various districts. Exceptions to this rule
MIGRATION BKTWEEN EUROPEAN COUNTRIES
149
may, however, be made in favour of settled immigrants upon whom repatriation would inflict serious loss. The technical details of this progressive
repatriation are to be set out in a special agreement (Article 4).
With regard to normal seasonal migration, it is laid down that Polish
agricultural workers proceeding to Germany are to be recruited and placed
in employment exclusively by the Polish public employment exchanges and
by the German offices officially instructed to do so. The workers’ conditions
of employment are determined in accordance with a model contract drawn
up and varied by agreement between the parties (Article 4).
The Treaty grants to Polish agricultural workers the same treatment
as is enjoyed by German workers in all matters relating to the protection
of workers, freedom of association, public assistance and the regulation of
the conditions of their work, including conciliation and arbitrationthro ugh
labour courts, subject to German legislative provisions applicable to all
aliens (Article 7). The German Government undertakes to ensure that
Polish agricultural workers are housed under satisfactory moral and sanitary
conditions (Article 8).
With reference to the application of social insurance to emigrant workers,
the Treaty stipulates that Polish agricultural workers and their legal heirs
shall enjoy the same rights as German workers as regards insurance against
accidents and sickness (Article 11 ). As regards invalidity insurance schemes,
they are only applicable to Polish agricultural workers to whom a permit
of residence (Befreiungschein) has been issued. Those workers are required
to participate in invalidity insurance in accordance with the usual rules;
they are, moreover, entitled to antedate their participation in this insurance
by two years if they express their intention of doing so within six months
of the delivery of their residence permit, and if they pay the arrears of
contributions within the two years following; these contributions carry with
them the full rights of compulsory contributions (Article 14). As soon as
the two parties shall have instituted a system of invalidity and survivors’
insurance covering the whole of their territories, they shall jointly decide
as to the measures to be adopted to enable Polish seasonal workers
to enjoy the benefits thereof during their temporary stay in Germany
(Article 16).
In general as regards the application of legislative provisions referring
to the payment of accident or invalidity insurance claims (in cases where
Polish agricultural workers partake of such benefits), it is laid down that
residence in Poland is not to be considered as residence in a foreign country ;
similarly, in cases where the right to compensation on the part of the
insured person’s legal heirs is subject to the condition that they must have
resided in his household as members of his family, a household situated
in Poland is not considered to be broken up if the worker who is its head
resides in Germany at regular intervals (Articles 13 and 15).
Provision is made for Polish authorities and insurance societies to co-operate
with German authorities and insurance societies in administering German
sickness, accident and invalidity insurance schemes (Article 17). The
results of investigations in connection with accidents to Polish agricultural
labourers must be reported to the Polish consul in the district, who will
have an equal right with the worker concerned to take proceedings for the
purpose of obtaining compensation (Article 18). The competent central
authorities of the two countries are to decide on the procedure to be adopted
to enable pensions due under German insurance schemes to be paid to
Polish agricultural workers residing outside German territory. These
authorities (the Federal Ministry of Labour in Germany and the Ministry
of Labour and Social Assistance in Poland) may correspond with each other
direct (Articles 18-22).
Polish seasonal agricultural workers are exempt from the payment of
unemployment insurance contributions (Article 9), and are thus not covered
by this insurance.
In order to avoid double taxation, Polish agricultural workers are exempt
150
PKOVISIONS RELATING TO FOREIGN WORKERS
from payment of income-tax on condition that they remain permanently
domiciled in Poland (Article 10).
Germany-Serb-Croat-Slovene Kingdom.—An Agreement dated
22 February 1928 was concluded by the Central Employment Committee
in Belgrade and the German Central Office for Workers (Deutsche ArbeiterZentrale) on the subject of the recruitment of Yugoslav seasonal workers
for agricultural work in Gîertnany.
The workers concerned are recruited and placed in employment in groups
of at least two persons. No woman under twenty-five years of age can be
employed singly. The recruitment of workers is effected through the
agency of the German Central Office for Workers and the Central Employment Committee in Belgrade.
The German Central Office accepts the employers’ requests for labour
and, in accordance with the numbers fixed for the season, forwards these
requests, together with four copies of the labour contract, to the Central
Employment Committee at Belgrade. This Committee endorses the papers,
and sends them on to the official labour exchanges. Group-foremen are
chosen by these offices, subject to the approval of the German Central
Office, if the latter expressès a wish to be consulted. The foremen receive
copies of the contracts with all necessary instructions; they undertake to
carry out the obligations imposed upon them, and sign the copies received.
The workers recruited by the foremen must sign the contract in the presence
of an official of the competent labour exchange. The conditions of engagement must be in accordance with the clauses of a model contract drawn
up by the Technical Committee for Agriculture and Forestry of the German
Federal Institute for Employment and Unemployment Insurance ^
(Artieles 1-11).
When a group of workers crosses the frontier their collective agreement
takes the place of a passport as far as the German Government is concerned,
and no German visa is required. But workers must possess Yugoslav
passports notwithstanding, and should a worker for any reason leave
Germany singly, the German Central Office must take steps to obtain
Czechoslovak, Austrian, and, if necessary, Hungarian transit visas (Article 12). The Yugoslav employment exchanges make arrangements for the
departure of groups of workers recruited, and these workers are received at
the frontier by officials of the German Central Office. They have to
undergo medical examination at the employer’s expense. Persons found
to be iU or unfit for work are returned to their homes (Article 14).
During their stay in Germany, Yugoslav workers enjoy, subject to legislative provisions applicable to all aliens, the same treatment as German
workers as regards the application of protective labour legislation, including
conciliation and arbitration, as well as recourse to the labour courts. They
do not pay any taxes either when entering the country or afterwards (Article 15). The German Central Office promises to exert its influence in
order to enable Yugoslav agricultural workers to partake of all the benefits
conferred by German social legislation. It further undertakes to ensure
that none of the workers recruited is employed in an undertaking where
a labour dispute exists or a strike or lock-out is going on (Articles 15 and 16).
On the termination of their contracts, workers are to be returned to their
homes by special trains wherever possible. The German Central Office
has to inform the Central Committee at Belgrade as early as possible of the
date upon which repatriation is to begin and of the routes along which the
workers are to travel. Just before a group leaves, the competent Yugoslav
employment exchange is to be informed of the date and the hour of its
departure. The employment exchanges or any organisations representing
1 Cf. § 2 of the present Chapter, for the model contract adopted when the Agreement
was sfened.
MIGRATION BETWEEN EUROPEAN COUNTRIES
151
them take the necessary steps for the reception of the returned workers
(Article 17). Permission is granted to the German Central Office to send
a representative to the Serb-Croat-Slovene Kingdom, to take part in the
arrangements for the recruitment of workers. The Central Employment
Committee at Belgrade is authorised to appoint an official to accompany
the Yugoslav emigrants on their journey, and to advise and assist them
during their stay in Germany. Every facility is to be given to these officials
to enable them to carry out their duties (Article 18). It is further provided
that the German Central Office and the Central Employment Committee
at Belgrade may jointly authorise workers to leave the service of an employer
who is guilty of serious failure to carry out the obligations laid down by
the labour contract. These bodies are also to co-operate in protecting the
health and morality of emigrants under age and of women, and are to take
joint steps to regulate the transmission of money and of the savings of
Yugoslavian agricultural workers.
GREAT BRITAIN
Agreements concluded with France deal with the conditions
under which British workers are to be recruited and with the
employment in the two countries of their respective workers
(cf. France). Another agreement with France deals with the
reciprocal admission of “student employee”; this is analysed in
§ 4 of the present Chapter.
HUNGARY
A Treaty dealing with the exchange of workers has been
concluded with Austria (cf. Austria).
ITALY
A Labour Treaty and a whole series of agreements for its
application in detail have been concluded with France in order
to regulate questions relating to emigration and the residence of
workers of one country on the territory of the other (cf. France,
above). A Labour Treaty, which, also embodies the reciprocal
principle has been signed with Luxemburg. Further, the
reciprocal employment of nationals of either State on the territory
of the other has been dealt with in treaties between Italy and the
Serb-Croat-Slovene Kingdom. An administrative agreement with
Belgium relates to the methods of recruiting Italian workers for
Belgian industries (cf. Belgium).
Italy-Luxemburg.—The Labour Treaty signed on 11 November 1920,
which has not been ratified is similar to the Franco-Italian Treaty of 1919
1 The Luxemburg Council of State on 25 Nov. 1921 reported unfavourably on the Treaty;
in consequence the Bill which had been prepared for the purpose of registering approval
of the Treaty was not submitted to Parliament.
152
PROVISIONS RELATING TO FOREIGN WORKERS
in several respeets, and especially in the use made of the principle of equality
of treatment for the nationals of both countries with regard to social welfare,
rehef, and labour laws. But it deals with a more limited number of subjects.
In this analysis, as regards matters common to both treaties, only the
points of resemblance or differences between them will be indicated.
The provisions of Articles 1 and 3 relating to reciprocal facilities extended
to nationais of either country entering or leaving the territory of the other,
are identical with those contained in Articles 1 and 4 of the Franco-Italian
Treaty.
Regarding the protection of workers. Articles 4 and 14, like Article 3
of the Franco-Itallan Treaty, guarantee equal treatment with nationals
and authorise the appointment of special emigration officials in the country
of immigration; but any complaints which workers may have to make
respecting the conditions of employment offered them by their employers,
' the assistance rendered to them or difficulties of any kind arising from their
being in a foreign country, may be presented in their own language for
transmission, either directly or through the consular authorities or special
officials, to the competent Government department of the country of
immigration.
Article 5, like Article 18 of the Franco-Belgian Treaty, recognises the
right to membership of conciliation and arbitration committees; but the
powers of emigrant workers to nominate a representative to state their
claims, instead of being limited to miners, is extended to the workers of
any undertaking.
According to Article 7, nationals of either State in the territory of the
other shall enjoy equality of treatment with the nationals of that State in
all matters connected with trade union freedom and rights, and with rights,
facilities, and benefits granted to nationals in connection with friendly
societies, unemployment, relief works, co-operation, and the acquisition,
ownership, and conveyance of small rural and urban holdings, admission to
public elementary and trade schools and the advantages of institutions for
educational assistance, and likewise in respect of the right to establish
schools or supplementary courses intended specially for the teaching of their
native languages respectively.
The nationals of either State in the territory of the other shall enjoy
equality of treatment with the nationals of that State in re.spect of the administration of laws relating to old age and invalidity insurance, pensions
are to be calculated in accordance with rules to be agreed upon between
the two countries. The Treaty provides that equality of treatment as
between nationals of the two countries shall be extended, under conditions
to be fixed by special agreements, to all laws for social insurance against
various risks which may subsequently be promulgated (Article 9).
The provisions of the Acts and regulations of each of the two States,
whereby the right to enjoy the advantages granted by the social insurance
laws is 'made dependent upon the condition that the person concerned shall
have resided or shall continue to reside in the territory of the State in
question, shall not apply to nationals of the other State (Article 10). The
Treaty provides that agreements necessary to facilitate the payment of
compensation or pensions due under these insurance schemes shall be
concluded between the competent Government departments (Article 11).
The provisions relating to medical assistance (Article 12 of the Treaty)
are identical with those of the Franco-Italian Treaty (Articles 12-16) except
that the period of forty-five days is not fixed as the maximum period during
which the State of residence will bear the cost of relief.
Article 13 provides for regulations to determine the conditions for transference to savings banks in the country of origin of savings deposited by
workers in the savings banks of the other country.
Finally, the Treaty contains the most-favoured-nation clause respecting
residence, relief, social insurance, conditions of employment and relief,
and trade union rights (Article 15).
MIGRATION BETWEEN EUROPEAN COUNTRIES
153
Italy-Serb-Croat-Slovene Kingdom.—In the final protocol of the
Residence and Consular Convention signed on 21 August 1924, the two
contracting Parties reserve the right to regulate questions relating to
emigration and the protection of workers by special conventions. An
“Agreement concerning Workers” is included among the agreements signed
at Nettuno on 20 July 1925.
The contracting Parties agree that, on the territory of each, manual
workers and salaried employees who are nationals of the one State may be
engaged by factories, undertakings, industries, establishments, or private
individuals established or having a branch office on the territory of the
other contracting Party, subject to legislative provisions in force on that
territory.
Limitations and restrictions imposed on foreigners within the territory
of one of the contracting Parties in connection with the right to engage
manual workers and salaried employees, or with that of offering their
services for a limited period or to a particular enterprise, shall not be applicable in these territories to manual workers and salaried employees of all
kinds who are nationals of the other contracting Party and who, during the
period 1 January 1920-1 January 1925 have in fact been already employed
by private persons, enterprises or any kind of other establishments. This
exemption shall cease to be valid in the case of manual workers or employees,
nationals of one of the contracting Parties, who, after the Agreement has
come into force, leave the territory of the other State with the evident
intention of not returning to it; neither shall it be applicable to manual
workers or salaried employees in State enterprises. It is stipulated, however,
that the provisions of the Agreement do not affect the right—recognised by
the treaties in force—of nationals of one of the Parties, who, in virtue of a
right of option of nationality, are entitled to reside within the territory
of the other Party (Article 1).
The object of other provisions is to assist manual workers and salaried employees, nationals of one of the Parties, proceeding to a third
country in order to take up employment, to cross the territory of the
other contracting Party. These provisions have been analysed elsewhere
(cf. Chapter V, § 3).
LITHUANIA
A Treaty has been concluded to deal with the recruitment of
Lithuanian agricultural workers for employment in Germany
(cf. Germany).
LUXEMBURG
A Labour Treaty with Belgkim is in force (cf. Belgium); another
Labour Treaty signed with Italy has not been ratified (cf. Italy).
POLAND
Poland has concluded agreements for the regulation of seasonal
emigration of agricultural labourers to Germany and Austria
(cf. Germany and Austria). With France a Treaty of emigration
and immigration determines the conditions, both of collective
emigration and of individual emigration from one country to
154
PROVISIONS RELATING TO FOREIGN WORKERS
the other, while subsidiary agreements define conditions of
recruitment of Polish workers for French undertakings and those
of their stay in France (cf. France).
SERB-CROAT-SLOVENE KINGDOM
This State has concluded an agreement with Germany regulating the recruitment of its surplus agricultural workers for
seasonal employment in Germany ^cf. Germany). In addition, a
reciprocity agreement concluded with Italy regulates the question
of the reciprocal employment of nationals of one of the two
States on the territory of the other (cf. Italy).
SWITZERLAND
Switzerland, which has not concluded any labour treaties
properly so called, has nevertheless inserted provisions relating to
questions of recruitment and the placing of workers in several
treaties. Such clauses, inserted in the Treaty between Afghanistan and Switzerland, will be dealt with under (f), while in § 3
(“Admission to Trades”) provisions concerning the employment
of Austrians in Switzerland will be dealt with.
An Agreement has also been signed with Liechtenstein.
This Agreement (28 December 1923), supplementing the Treaty concerning
a customs union, stipulates in Article 5 that the Swiss Labour Office and
the Government of the Principality shall supply each other with information
concerning the condition of the labour market, with a view to the employment of their nationals ; by the same Agreement the Parties undertake to
authorise the employment of their respective nationals, which undertaking
has led to the simplification of formalities connected with entry into the
two countries (cf. Chapter IV, § 3).
(c) Bilateral Migration Treaties Concluded
BETWEEN African Countries
Exchanges of workers between African colonies or between
these colonies and the independent African States have been
regulated either by means of recruitment agreements setting
forth detailed regulations with regard to these movements, or
else by provisions inserted in more general treaties. It should
be noted that the first understandings on this subject were in
many cases concluded at an early date; in fact it will be seen
that regulation of the migration of African workers by agreement
between the Governments concerned has considerably preceded
international regulation of the migration of European workers.
MIGRATION BETWEEN AFRICAN COUNTRIES
155
BELGIUM (CONGO)
Though the Decrees which regulate immigration into the
Belgian Congo (cf. Volume II, p. 62) lay down special rules respecting the admission of workers imported as a result of agreements,
no formal agreements for the recruitment of workers appear to
have been concluded hitherto, although from early days facilities
were provided for an exchange of workers with Liberia.
Gongo-Llberia.—Article 15 of the Treaty of 15 December 1891 between
the Congo Free State and the Republic of Liberia lays down that nationals
of either Party naay lawfully emigrate and enter into engagements for the
purpose of taking up employment within the territory of the other Party.
FRANCE (COLONIES)
Several agreements have been entered into for the purpose of
procuring labour required by the French colonies in Africa.
France-Liberia.—In Article 4 of an Agreement dated 8 December 1892,
concerning the fixing of the frontiers between the West African colonies
and Liberia, a stipulation was inserted to the effect that the Liberian
Republic undertook to facilitate as far as possible, in the future as in the
past, the free engagement of workers on the coast of Liberia by the French
Government or by French nationals. The same facilities are to be granted
reciprocally to the Republic of Liberia and to its nationals on the French
section of the Ivory Coast.
France-Portugal.—Following an agreement with the Portuguese
Government, the French colonies of Mayotte and Nossi-Bé were authorised
on 23 June 1881 to recrtiit workers on the Mozambique coast. A similar
authorisation was granted to Réunion on 23 April 1889; but in 1892 the
Portuguese Government decided that the number of workers engaged should
not exceed that of workers repatriated
LIBERIA (REPUBLIC OF)
Reciprocity agreements with the Congo and with France
facilitate the exchange of workers between Liberia and the
Belgian and French West African colonies (cf. Belgian Congo and
France). A recruitment agreement regulates the temporary
engagement of Liberian subjects for the Spanish colony of
Fernando Po (cf. Spain).
1 Giraud : Principes de colonisation et de législation coloniale. Part II, Vol. II, p. 214.
156
PROVISIONS RELATING TO FOREIGN WORKERS
PORTUGAL (COLONIES)
Apart from the agreements between Portuguese colonies
examined in Volumes I and II (agreements for the recruitment of
labour needed in St. Thomas and Principe, in Angola, Mozambique
and Cape Verde), international agreements have been concluded
to regulate the emigration of natives of Mozambique for employment in South Africa (cf. South Africa), in some French colonies
(cf. France) and in Southern Rhodesia. The main features of
these treaties are the limitations placed on the number of Portuguese natives to be imported by foreign countries recruiting
labour in Mozambique, and the limited period for which they are
engaged.
Portugal (Mozambique)-Southern Rhodesia.—A first agreement
concluded between the Portuguese Colonial Ministry and the Governor of
Mozambique on one side and the British South African Company and the
Native Labour Bureau in Southern Rhodesia on the other, regulated on
28 August 1913 and 4 July 1914 the recruitment of native workers in the
district of Tete (Mozambique) for employment in Southern Rhodesia. By
mutual consent this agreement, expiring in 1919, was prolonged until
31 March 1925. A new agreement, without any time limit, was entered
into on 22 July 1925 by the Portuguese Colonial Ministry and the Government of Mozambique with Southern Rhodesia ; it makes permanent regulations with regard to this question and was enforced retrospectively as from
1 April 1925.
Under this new agreement the Governor of Mozambique undertakes to
permit the recruitment of native labourers within the district of Tete by
the Rhodesian Native Labour Bureau, provided that such permission will
not be effective within areas the natives of which are subject to obligations
under loenl laws at present in force or under legal contracts now existing
with the Government of the Province, if such obligations would be interfered
with by any recruiting operations; nor shall the number of native labourers
from the district of Tete who may be in Rhodesia at any time as the result
of such recruitment exceed a monthly average of 15,000.
To effect this recruitment the Government of the Province shall grant
a licence to the Rhodesian Native Labour Bureau, to recruit native labourers,
for which a fee of £100 per annum shall be paid. All agents of the Bureau
must further obtain a licence, for which a fee of £10 per annum has to be
paid. Stamp and other duties payable to the Government of the Province
in accordance with the laws from time to time in force in the said Province
shall be payable, but in the event of such duties exceeding the sum of £30
the fee of £100 shall be reduced so that the fee, together with the said
duties, shall not exceed £130.
Agents licensed as aforesaid shall have full power and authority to enlist
native labourers and despatch them to Southern Rhodesia after they have
been duly attested by an official of Mozambique; such officials shall be
appointed at every station to assist the recruiter and shall give facilities
for the despatch of the labourers to Southern Rhodesia by the most direct
or convenient route (Articles 4 and 5).
The Government of the Province reserves the right to prohibit recruiting
by or distribution to any employer in Rhodesia who, upon a joint investigation by representatives of the three Parties to this agreement, may be
MIGRATION BETWEEN AFRICAN COUNTRIES
157
found to have failed in some substantial respect or repeatedly after warning
to comply with any obligation imposed by this agreement or by any regulation in force in the district of Tete not inconsistent therewith. In the
event of any party hereto not being agreeable to abide by such prohibition,
it may appeal to the President of the Appeal Court of Lourenço Marques,
who as arbitrator shall definitely decide the matter within three months
(Article 2).
When the workers arrive in Southern Rhodesia the labour contracts
which serve for passports are attested by the Portuguese Curator (see
below) upon payment of a fee of £1. The passport remains in foree for
two years, after which it is renewable upon payment of a further fee of £1
per year. After completion of the first twelve months’ contract the Native
Labour Office pays a fee of 6d. per month or portion of a month for each
labourer re-engaged. An amount equivalent to the whole of the native
tax collected in Salisbury from natives of the district of Tete and to half
of such tax collected elsewhere in the colony is also payable to the Curator.
Should the total sum paid to the Curator under the terms of the agreement
in any one year fall short of £4,500, the Government of Southern Rhodesia
is to pay him such further sum as may be necessary to bring the total
payment up to £4,500 (Articles 6-9).
The provisions of the law of Southern Rhodesia in respect of registration,
payment of tax, and otherwise shall apply to all natives of Portuguese
territory, provided, however, that officers issuing registration certificates
to such natives shall furnish them free of charge, together with the necessary
passports or documents (Article 10).
The agreement authorises the Government of Mozambique to maintain
an officer in Salisbury, styled the Curator of Portuguese Natives in Southern
Rhodesia, to whom, in addition to the powers vested in him by the emigration
regulations in force in the Province, the following powers and duties shall
attach :
(a) to approach the Government of Southern Rhodesia and its officers
with a view to arriving at an understanding in matters relating
to Portuguese natives residing in Southern Rhodesia ;
(b) to collect all fees payable to him imder the agreement;
(c) to promote by all means at his command the registration of Tete
natives residing in Southern Rhodesia;
(d) to organise a deposit and transfer agency for moneys belonging to
natives of Tete under his jurisdiction;
(e) to grant extension of passports to natives of Tete ;
(f) to ascertain the allotment of labourers to different employers for the
purpose of recording their places of employment.
Further, all moneys belonging to the estates of natives of Portuguese
East Africa deceased in Rhodesia are to be paid over to the Government
of the Province through the Curator. The Curator shall also be notified
of particulars of compensation payable in respect of accidents in order that
such compensation may be paid to the beneficiaries through his office
(Articles 3, 11 and 15).
On its part, the Government of Southern Rhodesia and its officers shall
assist the Curator in the exercise of his functions, particularly by facilitating
access by him to places where Portuguese natives may be located (Article 14).
No pass shall be issued in Rhodesia to enable natives of Tete to travel to
any other Colony or Territory, except the Province of Mozambique, without
the production of a written authority from the Curator. The Rhodesian
Native Labour Bureau shall make arrangements, in consultation with the
Curator, whereby one-half of the wages earned by the native labourers of
Tete during the period of their engagement shall be paid to them upon
their return to the district in which they were engaged, less advances made
158
PROVISIONS RELATING TO FOREIGN WORKERS
on engagement, passport renewal fees and cost of repatriation (Articles 13
and 16).
Other provisions relate to the baggage of natives of Mozambique returning
from Rhodesia. The Portuguese Customs reserve the right to examine
baggage when natives arrive in Mozambique, but each returning native
may carry 30 kg. of personal effects : other goods are subjected to certain
duties (Article 12).
The agreement does not apply to natiyes of Mozambique who entered
Southern Rhodesia prior to 1 January 1903.
SOUTH AFRICA
As South Africa is a country which has to import labour, the
Government of the Union of South Africa has concluded agreements with Portugal, acting on behalf of her colony of Mozambique, whence the South African mines draw their chief labour
supplies.
South Africa-Portugal (Mozambique).—On 1 April 1909 a Convention was signed between the Portuguese and Transvaal Governments on
the subject of recruitment of natives inhabiting the Portuguese province
of Mozambique for the Transvaal mines. In 1927 this Convention was
denounced by the Portuguese Government. A preliminary agreement was
concluded on 16 May 1928, laying down principles to be embodied in an
agreement that would be signed later. This definite agreement was concluded in Pretoria on 11 September 1928.
By the terms of this agreement Portugal authorises the recruitment and
the subsequent repatriation of Portuguese natives within the territories of
Mozambique situated south of latitude 22 degrees South, under direct State
administration, for employment in the gold and coal mines of the Transvaal
province of the South African Union. Recruitment must be in accordance
with the conditions established by the regulations and arrangements in
operation, and particularly the arrangement of 16 May 1928 (Articles 1
and 2). The number of natives employed shall be progressively reduced
to a maximum of 80,000 within five years from the date of signature of the
Convention (Article 3). The recruitment of the natives, their allotment to
South African enterprises, and their repatriation to the frontier at the expiry
of their contracts, shall be entrusted to organisations duly approved by both
thé Union Government and the Government of Mozambique, and to whom
the Government of Mozambique has granted a recruiting licence. The
licence is valid for one year and is renewable. An annual tax of £100 must
be paid for it, a deposit of £100 furnished and a written declaration made
by the holder undertaking unreservedly to fulfil the conditions imposed
in connection with recruiting. The Government of Mozambique reserves
the right to cancel licences in case of war, serious public disturbance or other
extraordinary circumstances without payment of any indemnity ; it may also
withdraw licences if the holders seriously fail to comply with the laws in
force in Mozambique, such holders losing the right to withdraw their deposits
of guarantee (Articles 4 and 5). Article 17 of the Convention provides that,
subject to arrangement between the Union and Mozambique Governments,
it shall be competent for the Government of Mozambique to authorise the
emigration of natives to South Africa to seek employment upon the mines
without the intervention of the recruiting organisation. Any such natives
shall be subject to the provisions of the Convention and shall fall within
the quota laid down in Article 3 of the Convention (see above).
The Government of Mozambique reserves the right to prohibit recruiting
for any mine the management of which is found upon joint investigation
MIGRATION BETWEEN AFRICAN COUNTRIES
159
by representatives of the two Governments to have failed to comply in
some substantial respect, or persistently after warning, with the obligations
imposed (Article 6). Natives rejected as unfit for work on the mines by
the medical officer of the Government of Mozambique, the recruiting organisation, or the Union, shall be returned to their homes at the expense of
the recruiting organisation (Article 7).
The Government of Mozambique requires natives proceeding to work on
the mines to procure an identification card issued under the regulations in
force in Mozambique, and a passport for which a fee of 10s. has to be paid
by each native. It is valid for twelve months. It can be renewed for
six months at a fee of 5s. (Articles 8 and 9). The employers of Portuguese
native labourers have to pay to the Curator a registration fee of Is. per
head both on engagement and on re-engagement, and in addition a tax
of 2s. per head for every month during which the native is employed
(Article 10). From 1929 onward, if the total sum received by the Government of Mozambique on account of passport and registration fees amounts
to less than 35s. multiplied by the average number of Portuguese natives
employed in the mines, the deficiency shall be made good by the mines
(Article 11).
The contracts of natives shall not extend for a longer period than twelve
months (313 working days). The labourers may, however, re-engage
themselves or extend their contracts for a further period up to six months
(156 working days). The maximum period of service shall not in any case
exceed eighteen months (Article 12). No native previously employed on
the Transvaal mines shall again be engaged for mining employment during
the six months following the completion of his contract or re-engagement
(Article 8). Half of the wages paid after the first nine months of his initial
engagement and during the whole period of re-engagement, that is, a sum
of Is. per shift, shall be retained and shall be paid to the natives in Mozambique on their return thereto (Article 13). The sums so due by the employers
shall be deposited monthly by the recruiting organisation with a bank in
Johannesburg to the order of the Portuguese Curator (see helow), who
forwards them to Mozambique (Article 14). All deductions from wages
in repayment of advances and fees due by natives shall be made from the
wages payable during the first nine months of employment (Article 18). All
assets in the estates of Portuguese natives deceased in the Union, together
with any accident compensation moneys due by employers, shall also be
handed to the Curator, and where the heirs or beneficiaries cannot be traced
shall be applied exclusively to the welfare of the native population of
Mozambique (Article 15).
Portuguese natives in the employment of the mines—^whether they
entered the Union with a passport or whether they obtained one from the
Curator—shall upon the termination of their services on the mines be
regarded as prohibited immigrants and in this respect the provisions of the
Immigrants Regulation Acts of the Union shall be applied (cf. Volume II,
p. 326). But it shall be competent for the Curator, with the agreement of
the Union Department of Native Affairs, to postpone the requirements of
this Article. Any Portuguese native identified as such within the Union,
who is not in possession of a valid and current Portuguese passport, shall
also be regarded as a prohibited immigrant (Article 16).
The Government of Mozambique is authorised to maintain an official in
Johannesburg styled a Curator who shall be charged with the functions of
a consular officer with respect to Portuguese natives and be invested with
certain other powers and functions enumerated in Article 27 of the Convention relating to supervision over the natives, the protection of their interests,
the co-operation of the Governments and the enforcement of the provisions
1 A Portuguese ofHcial appointed for the supervision and protection of natives in South
Africa (see below).
160
PROVISIONS RELATING TO FOREIGN WORKERS
of the Convention. The Curator registers all Portuguese natives in the
Union and issues all papers which they need in order to comply with the
Convention. He receives the natives’ complaints, undertakes any enquiries
required to give effect to them and arranges the repatriation of natives.
The Government of the Union must afford the Curator all necessary assistance in the performance of his duties (Articles 27-28).
Finally, it is provided that on the expiration of the Convention all Portuguese natives who have been employed in the Transvaal mines shall return
to the territory of Mozambique on pain of being considered as prohibited
immigrants, and the Curator shall continue his functions pending the
repatriation of such natives.
SPAIN (COLONIES)
An agreement has been concluded with Liberia for the purpose
of procuring the labour required by the agricultural undertakings
of the colony of Fernando Po.
Spain-Liberia.—A Treaty was signed on 22 May 1914 to regulate the
recruitment in the Republic of Liberia of agricultural workers to be employed
in the Spanish colony of Fernando Po. This agreement authorises the
Government of Liberia to appoint a consul at Fernando Po and to establish
agents called “labour agents” at ports where agricultural workers take ship,
while the General Government of the Spanish Possessions on the Gulf of
Guinea is authorised to appoint agents for the recruitment of labourers in
Liberia and to open a recruitment office in that country. The supervision
of labour contracts is entrusted to these authorities. (Articles 5 and 9 prescribe in detail how the authorities mentioned are to co-operate for this
purpose.)
The maximum duration of contracts is two years and the minimum one
year ; and the authorities of Fernando Po are responsible for ensuring that
no labourer engaged under a contract remains in the colony beyond the
period fixed for his departure from Liberia. Any recruitment of labourers
without the authorisation of the Spanish and Liberian authorities is
prohibited.
Labourers cannot be recruited directly on behalf of particular undertakings in Fernando Po ; all labourers are sent directly to the Liberian
consul in Fernando Po and on arrival they are allotted to different employers
through the Curator (a special Spanish' Government official) to whom the
consul hands over the workers on arrival. Contracts have to be signed at
the Curator’s office in the presenee of the Liberian consul, in conformity
with the provisions concerning labour contracts in force in the colony.
Four copies of each contract are made and endorsed by the Liberian consul
and the Curator. The Government of the Spanish possessions on the
Gulf of Guinea guarantees that the full wages of agricultural labourers shall
be paid to them. The Curator shall not permit labourers to be engaged by
an insolvent employer unless a solvent person comes forward to vouch for
him. The labourer receives half of his wages every month; the other half
is retained until the contract expires and is handed to the captain of the
vessel on which the labourer returns, by whom it is paid to the labourer
when he arrives in Monrovia in the presence of the labour agent.
The Liberian consul in the colony of Fernando Po may, in his capacity
as representative of the Liberian labourers, hand in complaints which he
considers to be justified in the interests of his countrymen to the office of
the Colonial Curator; he may appeal to the Governor-General of the colony
from the Curator’s decisions. He is empowered to inspeet undertakings
in which Liberian workers are employed and to report to the Curator any
defects noted by him as regards the workers’ conditions. The Government
MIGRATION BETWEEN AMERICAN COUNTRIES
161
of the Spanish colony guarantees that the provisions relating to fair treatment
of workers engaged shall be observed. Liberian workers are to be transported in Spanish vessels on the outward and return journeys.
For every contract signed in presence of the Curator and endorsed by the
consul a fee of 2 shillings must be paid and a further tax of 4 shillings is
paid to the Liberian consulate when Liberian workers are registered for
repatriation.
(d) Bilateral and Plurilateral Treaties concerning
Migration between American Countries
The International Labour Office has no knowledge of any
labour treaty properly so called concluded between American
countries up to the present. A provision concerning recruitment
for employment abroad was, however, inserted in the Central
American Convention of 1923 on the co-ordination of laws for
the protection of workers; and the United Stales and Mexico
have incidentally regulated questions of labour recruitment by
agreement.
Costa Rica-Guatemala-Honduras-Nicaragua-Salvador. — According to Article 1 of the Convention signed by the Central American Republics
on 7 February 1923, the contracting States are prohibited “from concluding
individual or collective agreements with groups of workers who are nationals
of one of the signatory States for their employment in another eountry
—whether a signatory State or not—without the two States having previously concluded an agreement to determine the conditions under which
the said workers are to live. The principles of sueh an agreement shall be
in accordance with the legislation of each country ; and where such legislation
does not exist in each country it shall be considered an indispensable condition to guarantee to all workers the cost of returning to their homes.”
United States-Mexico.—In Article 8 of the Treaty relating to the
prevention of smuggling, concluded on 23 December 1925, the United
States and Mexico agree that in all cases in which either of the contracting
Parties may suspend or waive its regulations relating to the recruiting of
labourers in the territory of the other, or in cases where either of the contracting Parties may grant special permits for contract labour, the country
granting such permits or so suspending or waiving its regulations will give
due notice thereof to the other.
(e) Bilateral Treaties concerning Migration
BETWEEN Asiatic Countries
No formal agreements exist to regulate movements of workers
within the eontinent of Asia, but most of these movements,
which are very considerable, are nevertheless effected by means
of understandings arrived at between the countries concerned.
n
162
PROVISIONS RELATING TO FOREIGN WORKERS
Thus, several British possessions (Ceylon, the Straits Settlements,
and the Federated and Vnfederated Malay States) in order to
obtain permission to reeruit unskilled labourers in British India
have brought their legislation into harmony with the Indian
Emigration Act of 1922, and these understandings have been
discussed in committees composed of delegates of the two Parties
concerned.
The Straits Settlements, the Federated Malay States, and
French Indo-China have in the same way adopted their immigration legislation to the legislative provisions regulating the
recruitment of natives in the Dutch East Indies for employment
outside the country. In Volume I (pp. 153-154 and pp. 179-180)
will be found the regulations in force in the Dutch East Indies,
relating to such migration and in Volume II, pp. 211-212 and
pp. 223-226, the immigration regulations concerning workers from
the Dutch Indies for employment in the Straits Settlements and
the Federated Malay States.
(f) Bilateral Treaties concerning Migration
BETWEEN Two CONTINENTS
Like the continental agreements, labour and recruitment
treaties concluded between countries situated in two different
continents regulate migration movements and make conditions
as to the treatment of emigrant workers while employed abroad.
However, although the general objects of migration and labour
treaties concluded between countries belonging to the same
continent and those between countries situated in different
continents are similar, the treaties analysed below nevertheless
possess some special characteristics.
In the first place, while a. large number of continental treaties
regulate temporary or seasonal migration movements, the treaties
analysed here deal with stable or even permanent settlement;
this intention is clearly expressed in the preliminary declaration
to the Treaty between Poland and Brazil, in which it is stated
that the object of the Treaty is to regulate the migration of
families of agricultural workers proceeding to the State of São
Paulo in Brazil with the intention of settling there and pursuing
agricultural occupations.
MIGRATION BETWEEN TWO CONTINENTS
163
The second characteristic to be noted is apparent in the same
declaration : regulation of the emigration of persons wishing to
engage in agricultural occupations, or to take up paid employment
in rural enterprises, or the settlement of immigrants taking up
land themselves in colonisation centres in the country of immigration.
Further, the reciprocal principle is, as a rule, abandoned in
these treaties, since the emigration movements in question flow
in one direction only.
So far, very few agreements of this kind have been embodied
in formal treaties, though negotiations relating to settlement
with a view to colonisation frequently have been, and are still
being, entered into.
AFGHANISTAN
To the general preliminary Convention signed with Switzerland on
17 February 1928, a protocol was annexed in which the plenipotentiaries
affirm the desire of the Federal Council of Switzerland “to give every
possible assistance to the Government of Afghanistan in engaging in Switzerland any technical experts and specialists who might be required by that
Government”.
BRAZIL
Brazil was the first American State to conclude treaties with
European countries with the object of obtaining the agricultural
labour which she requires. Such agreements have been concluded
with Italy and with Poland.
Brazil-Italy.—^The Agreement concluded on 8 October 1921 after prolonged negotiations is styled “A Convention respecting Emigration and
Employment”. Its negotiators intended this to be a preliminary agreement laying down general principles to be observed in the negotiation of
subsequent agreements. The Treaty of 1921 is preceded by a declaration
in which this intention is clearly expressed.
The main principles embodied in the text itself are the following :
Equal treatment with nationals as regards all matters connected with
compensation for industrial accidents, the allowances, benefits and privileges
prescribed by laws and regulations being granted in each country to nationals
of the other country and to their legal heirs, irrespective of residence or
of any other conditions not imposed on nationals of the country in question
(Article 1).
Recognition by the Brazilian Government of individual or collective
labour contracts concluded in Italy by Italian workers for employment
in Brazil, provided that they are not contrary to regulations made by
public authorities (Article 2).
Recognition by the Federal Government of Brazil of agreements made
between the competent administrative departments of Brazil and the
Italian General Emigration Department respecting the engagement of
164
PROVISIONS RELATING TO FOREIGN WORKERS
Italian workers, provided that the agreements in question have been submitted for the approval of the Federal Government and the Government
of the State in which they are to be carried out (Article 3).
Obligation on the part of the Federal Government of Brazil to ensure
through its Labour Department that labour contracts made by employers
with Italian workers are duly fulfilled and to provide for the protection of
such workers and for placing them in employment under the best possible
conditions (Article 4).
The Brazilian Government also imdertakes to facilitate the organisation
and working of consumers’ co-operative societies as well as co-operative
credit, production, labour, thrift, benefit, etc., societies formed among
Italian agricultural workers, and the operations of Italian societies regularly
constituted among Italians in Brazil, for the purpose of advising Italian
immigrants and facilitating their employment (Articles 5 and 7).
The principle of the most-favoured-nation clause is embodied in Article 6,
according to which “Italian immigrants to Brazil shall enjoy all the advantages, benefits and privileges now or hereafter granted to immigrants from
Other countries”.
At the time when the above Convention respecting emigration was
concluded, a recruitment agreement to which a model labour contract was
attached was signed as a result of negotiations between the Italian Emigration Department and the colonisation societies of the State of São Paulo.
The Government of the State of São Paulo, however, refused to approve
this agreement.
•
Brazil (State of São Paulo)-Poland.—^Though this agreement,
signed on 19 February 1927 and put into immediate execution pending its
ratification, is not a treaty between Governments but an agreement between
competent administrative departments (the Labour Department of the
Ministry of Agriculture, Commerce and Public Works of the State of São
Paulo of Brazil and the Emigration Office of the Ministry of Labour and
Social Assistance in Poland), it is very similar to the treaties analysed
above as regards the subjects with which it deals. It is a complex agreement
dealing with emigration, recruitment and settlement at one and the same
time. Its main purpose is to make arrangements for the emigration of
Polish famiUes with a view to their definite settlement in colonisation centres
in the State of São Paulo, usually in the capacity of wage earners. But
at the same time the treaty opens up to emigrants prospects of eventually
becoming independent agricultural settlers.
In the matter of conditions imposed with regard to emigration, the agreement stipulates that emigrants are to be recruited and selected in Poland
by the Emigration Office of the Ministry of Labour and Social Assistance
at Warsaw, through the State Employment Exchanges and Offices for
Assistance to Emigrants (Article 1).
Before their departure, emigrants are medically examined, in concentration centres selected by the Emigration Officer, by a doctor appointed
by the Office, and further inspection is carried out to make sure that they
conform to the conditions laid down by the laws and regulations of the
Federal Government of Brazil and of the State of São Paulo with respect
to the transport of assisted migrants by authorised recruiting agents and
to see that they fulfil the other conditions imposed by the agreement. This
inspection is carried out by officials of the Emigration Office in the presence
of a representative of the Labour Department of the State of São Paulo
(Article 2).
The special conditions imposed by the agreement are as follows :
(a) emigrants must be physically fit for productive work and must have
reeeived information as to the living and working conditions offered to them
on Brazilian agricultural estates (fazendas); (b) they must possess a certificate of good conduct; (c) they must be agriculturists by profession emigrating in family groups (father, mother and legitimate child) consisting
MIGRATION BETWEEN TWO CONTINENTS
165
of at least three able-bodied persons aged between fourteen and fifty years
old; members of a family thus constituted may be joined by other relations
of the head of the household, irrespective of age and civil status, except
in the case of nephews and adopted sons who must be at least twenty-one
years old in order to be counted as members of a family (Article 3). The
Emigration Office undertakes to refrain from recruiting persons who are
considered to be undesirables, or dangerous to public health and safety,
according to Brazilian laws and regulations (Article 4).
Conditions for the transport of emigrants follow. According to Article 16,
emigrants shall be exclusively transported by recruiting agents officially
authorised to introduce immigrants into the State of São Paulo
Emigrant families with their baggage are transported from their homes
in Poland to the place in the State of São Paulo where they are to be employed
in conformity with the conditions established with regard to assisted immigration by the laws and regulations of the State of São Paulo
During
the whole of the voyage they shall be assured proper food, and suitable
accommodation wherever the journey is broken, as well as medical attendance
and medicines in case of illness. Emigrants may be accompanied during
the voyage by a representative of the Polish Emigration Office (Article 5).
Emigrants are to be transported by shipping companies authorised by
the Polish Government in agreement with the laws and regulations of
BrazU and the State of São Paulo relating to the transport of migrants.
Polish shipping companies have a right of priority, but are subject to the
same conditions as other companies. But if BrazUian shipping companies
should at any time organise direct services between the Polish ports on the
Baltic and Santos they shall have the same rights as Polish companies
(Article 6).
In case of decease, in validity or disablement for work as a result of illness
or accident on the part of the head of a family or of his wife, the emigrant’s
family shall be returned to its home in Poland in conformity with the legislation of the State of São Paulo and subject to conditions as regards
transport identical with those observed on the outward voyage (Article 7).
Other provisions of the agreement relate to the living and working
conditions of Polish workers engaged by owners of plantations in São Paulo.
The Brazilian Department of Labour promises : (a) to guarantee equal
treatment of Polish agricultural workers with BrazUian citizens as regards
labour legislation, protection of workers, relief and social insurance,
general and technical education, and rights of association and combination ;
(b) to facilitate the organisation and functioning of mutual credit,
relief and educational societies and all other societies whose objects are of
an economic or social nature. Finally, the most-favoured-nation clause is
inserted to ensure that Polish workers shall enjoy all rights and privileges
granted to workers of other nationalities (Article 8).
Article 9 requires that Polish families for work on plantations in São
Paulo shall be engaged according to the terms of contracts approved by
both Governments and appended to the agreement. These contracts are
of two kinds : for settlers and for “coffee pickers” (Article 9).
Article 14 adds that planters employing not less than ten Polish families
shall organise a crèche for the children of women workers and an elementary
school.
Article 11 provides for a system of inspection in order to secure the
observation of the conditions laid down by the treaty. The Department
of Labour of the State of São Paulo may appoint a liaison officer at Warsaw
between that Department and the Polish Emigration Office, so that information may be exchanged with regard to the labour market, supply of and
1 Of. Vol. II, pp. 237-239.
2 Of. Vol. II, pp. 237-239.
3 Of. Vol. II. pp. 344-345.
166
PROVISIONS RELATING TO FOREIGN WORKERS
demand for labour, wages, and labour conditions. This officer has to be
present at the medical examination and the selection of emigrants according
to their qualifications. He must make sure that emigrants fulfil the conditions imposed, and issues the visa required for shipment and transport
of emigrants to the State of São Paulo.
On the other hand the Polish Emigration Office maintains a representative
at São Paulo holding a similar position as liaison officer between the two
Governments. This official has to be present at the landing of the immigrants, and at their arrival at immigrants’ hostels. He visits them in these
hostels, and serves as an intermediary between them and the Brazilian
Government so as to avoid misunderstandings and discontent. He is also
present at the signing of labour contracts and gives advice to immigrants
on those occasions, subject always to the regulations of the official Labour
Exchange. With the planter’s consent he may visit plantations on which
Polish nationals are employed, and investigate the way in which the stipulations of the contraet are carried out. Cases of failure to carry out these
obligations he reports to the employers and to the “Patronato Agricola”
of the State of São Paulo and co-operates with the “Patronato” in solving
any difficulties connected with Polish workers. This official may also
arrange for the opening of missions, libraries, crèches, schools, etc., to
minister to the religious and intellectual wants of Polish immigrants.
Medical attendance is afforded to immigrants in two ways. On the one
hand, Polish workers are entitled to benefit by medical services organised
by the owners of fazendas by making monthly payments which labour
contracts may state to be compulsory. On the other hand, the agreement
authorises Poland to appoint Polish sanitary inspectors who give assistance
to newly arrived immigrants, and teach them how to safeguard their
health, etc., without encroaching upon the province of the Brazilian doctors
(Article 12).
Article 13 determines the facilities to be granted to Polish immigrants
for the acquisition of plots of agricultural land. The Article lays down that
the competent Government Departments in São Paulo shall bring available
lands in colonisation centres to the knowledge of the Polish Emigration
Office, and that preference shall be given to Polish families having been
employed for two consecutive years in a fazenda when immigrants are to
be given an opportunity of settling in these centres.
i&tiele 15 finally provides that in December of each year the Department
of Labour of the State of São Paulo shall inform the Polish Emigration
Office of the number of immigrants who can be received during the following
year.
CHINA
There have been many agreements dealing with the emigration
of indentured coolie labour. They have been concluded partly
with the object of obtaining the consent of the Chinese Government to the recruitment of its subjects, and partly with that
of establishing conditions with regard to the employment of the
workers recruited, the assistance to be afforded them, and the
methods bj^ which they are to be returned to their homes on the
termination of their engagements.
1 Of. Vol. II, p. 153.
MIGRATION BETWEEN TWO CONTINENTS
167
China-Great Britain.—In a general Treaty dated 24 October 1860 a
stipulation was made to the effect that the Emperor of China undertook
to command provincial governors to proclaim that Chinese choosing to take
service in British colonies or other parts beyond the seas were at perfect
liberty to enter into engagements with British subjects for that purpose,
and to ship themselves and their families on board of any British vessels
at any of the open ports of China. It was further provided that such
regulations for the protection of Chinese emigrants as the circumstances
of different open ports demanded should by common agreement be framed
(Article 5).
On 18 May 1904 an Agreement was concluded which provided that,
when Chinese labourers are required for a particular British colony or protectorate beyond the seas, His Britannic Majesty’s Minister in Peking shall
notify the Chinese Government, stating the workers’ place of destination,
the proposed port of embarkation and the conditions of their engagement.
The Chinese Government shall instruct the local authorities to take aU the
steps necessary to facilitate emigration. The “Taotai” at the port shall
at once appoint an officer, to be called the Chinese inspector, who, together
with the British consular officer at the port or his delegate, shall make
known by proclamation and by means of the native press the text of the
indenture with any necessary particulars respecting the country to which
the emigrant is to proceed and respecting its laws. The British consular
officer shall confer with the Chinese inspector as to the installation of the
necessary offices, to be called emigration agencies, in which the Chinese
inspector and his staff shall have suitable accommodation for carrying on
their duties. There shall be kept a register in Chinese and English, in which
the names of intending indentured emigrants shall be inscribed, in this
register there shall not be inscribed any person under twenty years of age
unless he shall have produced proof of his having obtained the consent of
his parents or other lawful guardians to emigrate, or, in default of these,
of the competent magistrate. After signature of the indenture according
to the Chinese manner, the emigrant shall not be permitted to leave the
depot previously to his embarkation without a pass signed by the Chinese
inspector and countersigned by the British consular officer or his delegate,
unless he shall have, through the Chinese inspector, renounced his agreement
and withdrawn his name from the register of emigrants. Before departure,
each emigrant shall be examined by a qualified medical officer nominated
by the British consular officer or his delegate. All ships employed in the
conveyance of emigrants shall embark them only at a treaty port, and shall
comply with the regulations contained in the schedule annexed to the
convention. For the better protection of emigrants the Chinese Government
shall be competent to appoint a consul or vice-consul in the country of
destination. Every indenture shall clearly specify the country of destination, the duration of the engagement, the number of hours of labour, the
nature of the work, the rate of wages and mode of payment. They shall
contain detailed information as to the rations, clothing, the grant of a free
passage out, and, where such is provided for therein, a free passage back
to the port of embarkation for the labourer and his famUy, the right to
free medical attendance and medicines, and any other advantages to which
the emigrant shall be entitled. To each emigrant there shall be presented
a copy of the indenture drawn up in Chinese and English; such indenture
shall not be considered as definite or irrevocable until after the embarkation
of the emigrant. The employer is prohibited from transferring the emigrant
to another employer without the emigrant’s free consent and the approval
of the Chinese consul. Any such transfer shall not in any way invalidate
any of the rights or privileges of the emigrant under the indenture.
In every colony or protectorate to which emigrants proceed officers shall
be appointed whose duty it shall be to ensure that the emigrants shall
have free access to the courts of justice to obtain redress for injuries which
they may sustain. During the stay of the emigrant in the colony, all possible
168
PROVISIONS RELATING TO FOREIGN WORKERS
facilities shall be afforded to him for communicating with his native country
and for making remittances to his family.
Repatriation of the emigrant and his family, whether on the expiration
of the indenture or from any legal cause, or on account of his having been
invalided through sickness or disablement, shall always be to the port of
shipment in China, and shall in no case take place by any other means
than actual conveyance by ship ; payment of money to the returning emigrant
in lieu of passage shall not be admissible.
A fee of 3 Mexican dollars per head for any number of emigrants not
exceeding 10,000, and 2 dollars per head for any number in excess thereof,
per annum shall be paid to the Chinese Government for expenses of
inspection.
Ghina-Spain.—A Treaty dated 17 November 1877 regulated Chinese
emigration to the Spanish colony of Cuba. By the terms of this Treaty
the Chinese Government undertook to grant to its subjects (single individuals
and families) full liberty to emigrate to the island of Cuba, such emigration
to be purely voluntary and any other form of emigration being formally
prohibited (Articles 1 to 4).
This convention determined the methods of recruitment and conveyance
of Chinese workers and provided that during their stay in the Spanish colony
they should enjoy most-favoured-nation treatment as regards their protection. The Spanish Government undertook to ensure that the contracts
of Chinese labourers should be observed and that the workers should be
repatriated—as stipulated in their eontraets—at the cost in the employer
FRANCE (COLONIES)
France (Tunis)-Italy.—In addition to the provision contained in the
Labour Treaty of 1919 analysed under (b) above, which makes provision
for the application of the Treaty to be extended to colonies, etc., by means
of special conventions, mention must be made of the recruitment clauses
contained in the Agreement concluded between France and Italy for the
year 1921 relating to the phosphate industry in Algeria and Tunis. These
clauses were intended to establish a proportion between the amount of
phosphates extracted from Algerian and Tunisian mines and exported to
Italy, and the number of workers to be supplied by Italy for employment
in the said mines. The Agreement provided that the French Government
on its part should give all necessary facilities for the export of phosphates
via Algerian and Tunisian ports, while the Italian Government should
facilitate rapid and regular recruitment of the workers needed for the
phosphate mines. The Agreement, which was for the year 1921, provided
that, if freedom of the phosphate trade was not restored in the following
years, the quantity exported to Italy should only be reduced if the number
of Italian workers employed in the mines was also reduced. An agreement
was concluded between the General Emigration Department and the Gafsa
Mining Company to regulate the conditions of employment of the Italian
workers \
INDIA
Agreements have also been concluded to govern recruiting of
Indian workers for various parts of the world.
The recruitment of workers in British India for employment in French
colonies was the object of a Treaty between France and Great Britain dated
^ Cf. Li Koue Tsai: La Réglementation internationale de Vémigration» pp. 68'71. Law
thesis. Lyon, 1928, pp. 68-71.
2 Boïlettino della Emigra&ionCy Oct.-Dec. 1920, p. 487.
MODEL LABOUR CONTRACTS
169
1 July 1861. The migration of such workers from British India to the
Dutch colony of Surinam also was regulated by a Treaty, between Great
Britain and the Netherlands, dated 8 'September |1870. These treaties
were denounced by Great Britain. The Indian Act of 1922 prohibiting the
emigration of unskilled workers except to certain specified countries has given
rise to negotiations which have taken place between India and various
other parts of the British Empire with a view to such countries accepting
the restrictions imposed by India upon the emigration of her workers.
Such emigration is still exclusively Asiatic in character (cf. above, § e).
NETHERLANDS (COLONIES)
The recruitment of workers in the Dutch Indies has not been
dealt with in treaties properly so called. It has, however, given
rise to agreements between certain Asiatic countries, mentioned
earlier in relation to arrangements which have been made between
the Dutch Administration and that of certain French colonies
with the intention of bringing legislative provisions into harmony,
and facilitating the engagement of workers with a view to their
employment in the said French colonies.
Thus, in 1926 an arrangement of this kind was made to allow the recruitment of Javanese workers for undertakings in New Caledonia. It was
agreed that engagements might be entered into for a period of five years
at a monthly wage of 16.5 gold francs for men and 11 gold francs for
women workers. In addition, the employer must furnish the workers
engaged with a sufficient supply of clothing, of which- the model contract
specifies the nature and quantity. Further, he must constitute a savings
fund, by monthly payments of 5 gold francs per worker, the total amount
(300 gold francs) to be handed to the worker when he is repatriated. If
upon completion of his contract the Javanese coolie wishes to remain in
New Caledonia, with a free residence permit, the above amount is to be
handed to him there. The cost of the journey out and home has to be met
by the employer. The Dutch Indies Administration further stipulates
that each contingent of workers engaged must include not less than 25 per
cent, women
§ 2.—Model Labour Contracts
Agreements for the recruitment of labour often stipulate that
workers must be engaged on the basis of a model contract drawn
up according to methods laid down by treaty.
Sometimes such contracts are drawn up jointly by the contracting Parties. In other cases it is agreed that a model contract
is to be worked out by those departments of the immigration
country which are competent to exercise control over the economic
1 Bulletin de l’Agence générale des colonies, May 1926, p. 761.
170
PROVISIONS RELATING TO FOREIGN WORKERS
activities for which the labour is required. Where a contract is
drawn up by one Party only, that country generally agrees to
communicate the text to the Government of the other country
concerned before it is brought into use and to notify it of any
subsequent amendments introduced.
The objeet of a model contract is to supplement an agreement
and to define more closely those provisions which are to be applied
in practice. The adoption of this procedure enables the parties
concerned to confine themselves in the treaty to the laying
down of general principles which are to govern the reeruitment
of labour, reserving the more elastie and adaptable contract to
define the ways in which recruitment is to be effected, and the
conditions of employment and standard of living to be secured
to the workers.
When a contract is drawn up jointly, the treaty quite often
provides for the administrative departments concerned to get
periodically into touch with each other in order to make any
necessary alterations. Thus the Franco-Polish Treaty of 1919
and the Franco-Czechoslovak Treaty of 1920 make provision for
annual conferences at which the model contracts of Polish and
Czechoslovak workers in Franee are to be considered. Model
labour contracts differ so widely that a detailed analysis of all
those in actual use between countries regularly supplying each
other with labour would serve no useful purpose. But for
documentary purposes, as an example of the stipulations that aire
likely to be met with, three model contracts are analysed below.
The first is a model agreement for the collective recruitment
of seasonal agricultural labourers. It is used as a basis for the
engagement of Yugoslav labourers to be employed in German
agriculture, and was appended to the recruitment agreement
concluded between Germany and the Serb-Croat-Slovene
Kingdom on 22 February 1928.
The second is a model contract for the recruitment of agricultural labourers, without limitation to any short period of time.
It is used for the reeruitment of Czechoslovak agricultural
labourers for France and is drawn up and varied where necessary
by agreement between the competent French and Czechoslovak
departments, in accordance with the stipulations contained in
Article 12 of the Convention on Emigration and Immigration,
dated 20 March 1920.
MODEL LABOUR CONTRACTS
171
The third is a model contract for the separate engagement of
individual industrial workers which was appended to a recruitment
agreement concluded by Austria and France in 1926 to regulate
the employment in France of Austrian workers. The analysis
made of this latter, in accordance with a communication received
from the Austrian Emigration Office, forms a useful addition to
the brief analysis which has been given of the treaty itself, which
has not been published.
Though limited to a particular occupation—^that of seamen—
the Draft Convention adopted at the Ninth Session of the International Labour Conference (1926) may be given as an example
of international regulations made in connection with a labour
contract. This Draft Convention, concerning seamen’s articles of
agreement, lays down the method to be used in drawing up such
an agreement, the clauses to be embodied in it, the guarantees
to be furnished for its execution, the reasons for which the
contract can be terminated or annulled, etc. It is implied in
this Convention that its provisions shall apply to foreigners
employed in the mercantile marine of States ratifying the Convention as well as to nationals.
(a) Model Labour Contract for Yugoslav
Seasonal Agricultural Workers ^
Drawn up by the Technical Committee for Agriculture and Forestry of the
German Federal Institute for Employment and Unemployment Insurance
1. Duration of the contract.—After indicating the names and addresses
of the parties to the contract, with any other information required, it shall
be stated in the contract that the workers recruited collectively undertake
to remain in the service of the employer from the day on which the contract
is concluded until the time when agricultural work ends for the season —■
15 December of the current year — at the latest ; and further, that they will
undertake any work by the day or by the job allotted to them by the employer or his representative. The workers shall state that they are in
perfect health, have no physical defect which might hinder them in their
work (in the case of women, that they are not pregnant) and that they are
experienced in all the usual agricultural occupations. Men of military
service age shall further state that to their knowledge it is not likely that
their contracts will be broken owing to their being called up for military
service.
2. Hours of work.—The hours of work and the method of calculating
them shall be in accordance with the regulations in force in the locality
or in the district where the work is to be undertaken. If no regulations
^ Sluzbene Novine, 1928, No. 64, XIX.
172
PROVISONS RELATING TO FOREIGN WORKERS
on this subject exist, the following stipulations shall be observed : (a) the
worker shaU be allowed two hours off every day in which to take his morning,
mid-day and evening meals ; these breaks shall not be counted as working
hours ; (b) the time spent by the worker in going from the farm to and from
the place of work shall be counted as working hours ; (c) when there is urgent
work to be done the worker shall be willing to work overtime for which he
shall be paid as laid down in paragraph 3. The employer or his representative shall decide as to the urgency of such work. Existing provisions
of the law are to apply in this respect.
Apart from Sundays and holidays observed by the Protestant church,
Roman Catholic workers shall have the right to absent themselves from
work on Catholic holidays, unless the Catholic authorities of the district
transfer the religious festival to the following Sunday. If they so desire,
workers shall be given an opportunity to attend divine service on Sundays
and holidays.
3. Wages.—(a) When a collective agreement for agricultural workers
is in force in a place where foreign workers are employed, the latter shall
receive the same wages as German agricultural workers; fbj if no collective
agreement exists, foreign workers shall receive the current wages of German
workers doing the same class of work and of the same degree of skill; (c) ii
no scale of wages has been fixed for workers by the job, the ruling shall
be observed that workers of average skill employed by the job shall receive
30 per cent, more than workers by the day.
For overtime and Sunday work, the wages usual in the locality or the
district shall be paid.
Wages shall be paid every week. However, a sum of 3 marks may
be deducted during each of the first six weeks and 2 marks during each
of the following weeks, the total amount so deducted to be handed to the
worker on his departure “according to rule”. By departure “according
to rule” is understood departure which is not due to any fault on the part
of the worker. If a worker absents himself from work without a valid
reason, the employer is entitled to deduct from his wages a sum equivalent
to the time lost and in addition the value of wages paid in kind during the
period of his absence. These sums shall be deducted from his next wages
payment. Wages shall always be paid in the presence of a witness. Complaints relating to the amount of wages shall be made at once. Those
relating to the ealculation of hours of work or of jobs completed may be
made within two weeks following payment. No sums shall be kept back
except such part of the wages as may legally be deducted, and the fines
referred to below in paragraph 7 which may be deducted as a punishment,
the taxes on wages ordered by law and the workers’ contributions to social
insurance funds. The employer shall post up in a conspicuous place a
scale of the sums which may be deducted from the wages of workers of all
categories : men, young persons, women, etc.
The same procedure shall be adopted with regard to statements of accounts
for foreign and for national workers in the same undertaking (wages
books, etc.).
4. Wages paid in kind and aceommodation.—Every worker shall receive
a weekly ration of 25 lbs. of potatoes, 7 litres of skimmed milk or 3¿ litres
of unskimmed milk, 7 lbs. of bread, 2 lbs. of barley, rice, groats or dried
vegetables, 1 lb. of rye flour or f lb. of wheaten flour, J lb. of fat and
^ lb. of salt. One article may only be substituted for another by agreement
between the parties and if the articles are of the same value.
Lodgings for groups of workers shall provide for separation of the sexes
and be provided with doors ; they shall contain tables, benches and washing
utensils, and shall include a kitchen and a wash-house with the necessary
equipment. Further, each person shall be provided with a bed, paillasse,
pillow and woollen blankets. Closets shall conform to sanitary regulations.
The workers’ rations shall be cooked by a woman worker selected by the
MODEL LABOUR CONTRACTS
173
employer. The same person shall also clean the buildings and prepare
the vegetables, for which occupations time shall he allowed her by the
employer. She shall be paid the same wages as other women workers and
shall in addition receive payment for Sundays and holidays. The number
of cooks shall be in proportion to the number of workers.
5. Travelling expenses.—Travelling expenses from the frontier to the
place of employment and registration fees are to be borne by the employer.
When workers terminate their contracts in the normal way they are to be
conveyed free of cost to the German frontier station from which they entered
the country. They shall receive a free railway ticket with the final instalment of their wages.
6. Tools.—^Workers shall return, in an undamaged and clean condition,
tools lent to them by the employer. All tools lost or damaged through
misuse shall be paid for by the worker.
7. Disciplinary measures and breaches of contract.—Every worker shall
undertake to assist his fellow workers in the same group to obey the orders
of the employer and his representative, and shall himself observe the rules
of the undertaking which employs hirn. Only penalties notice of which is
posted up in a conspicuous place in the establishment may be exacted from
workers. Fines levied in punishment shall be deducted from the next
wages payment. If this rule is not observed, the punishment is considered
to be cancelled. The amounts so deducted are to be employed for staff
welfare purposes only.
Either party may require the other to terminate the contract for sufficiently serious reasons, more especially the use of violence, abusive language
or requirements Of an immoral nature. Other reasons considered to be
serious are : persistent refusal on the part of the worker to do his work, or
gross negligence in its performance ; on the employer’s part : refusal to pay
wages due or repeated irregularity in payment of wages, the supplying of
rations of a poor quality, or insanitary accommodation, in spite of repeated
complaints. Trade union activities shall not constitute a reason for dismissal. A worker’s passport or other papers may not be retained by the
employer against the wishes of the person concerned.
If agricultural work finishes before 15 December the employer is bound
to inform the worker of the day on which the engagement is to be terminated,
a week in advance.
8. Sickness and insurance.—Every worker has a right in case of sickness
to relief from the competent insurance fund. Where a worker is unable to
work, a sickness allowance is paid instead of rations and wages. If the
person concerned returns his rations because of sickness, the employer
shall pay him a cash equivalent, according to current prices. Contributions
to the sickness insurance fund are payable one-half by the employer and
one-half by the worker.
Arrangements for hygiene and safety which have to be observed in respect
of German workers—more especially precautions to be taken in the use
of refuse and manure—shall also be taken in the case of foreign workers.
9. Conciliation in case of disputes.—The officials of the German Central
Office for Workers competent to supervise the carrying out of contracts
shall have free access at all times to the lodgings of workers and the buildings
in which they are employed. They shall receive complaints made by
workers and employers, and shall offer their services with a view to the
settlement of disputes. With this object they may ask both parties to
supply any information that may be required. Complaints of non-compliance with contracts or inefficient work shall be dealt with by them on the
spot, wherever possible.
10. Appeals in connection with disputes.—All disputes shall be brought
before the labour tribunal designated in the contract, unless workers have
been engaged otherwise than under a collective agreement, in which case
174
PROVISIONS RELATING TO FOREIGN WORKERS
the labour tribunal shall be replaced wholly or in part by an arbitration
tribunal. Finally, the workers engaged shall state, _ before signing the
contraet, that they have acquainted themselves with its contents in their
native language and that they fully accept the eonditions laid down by it.
Following the signatures of the workers engaged, the visa of the German
Central Offiee for Workers (Deutsche Arbeiterzentrale), shall be affixed,
together with the signature of the employment exehange official in whose
presence the workers have signed the contract, in conformity 'mth the
provisions of Article 11. The registration number shall also be inserted
upon it.
(b) Model Contract for the Employment of Czechoslovak
Agricultural Workers in France ^
The employer undertakes to assure continuous employment to the worker
from the day after his arrival for the whole duration of the eontract. The
worker shall obey any orders given to him to perform the work mentioned
in the contract, behave in a satisfactory manner towards the employer,
the latter’s family, and his fellow workers, and shall not disregard the rules
of the establishment. The employer shall accord the same treatment to
Czechoslovak workers as to French workers and shall, if the occasion arises,
intervene to ensure that their personal and national dignity is respected
(Articles 1 and 2).
The work shall be organised in accordance with local custom and with
the manner in which it is performed by French workers in the establishment ;
or, where such are not present, French workers in the district. If an
employer has engaged only Czechoslovak workers, the contract shall indicate
the length of the intervals for meals. The same overtime work can be
demanded from Czechoslovak workers as from French workers, provided
that the same overtime pay is given. At the time of haymaking and harvesting, Czechoslovak workers shall work for the same number of hours as
French workers, and on Sundays also when the work is urgent. The
employer shall nevertheless endeavour to allow workers to attend divine
service. On holidays and Sundays Czechoslovak workers shall give the
necessary attention to animals on the farm, as is done by French workers
of the same class; but these duties shall be so arranged as to leave the
workers free to attend divine service. The days which are holidays in
France shall be specified in the contraet. Further, Czechoslovak workers
shall be allowed to absent themselves from work on the afternoon before
Christmas and the afternoon before Easter Sunday (Article 3).
For work of equal value Czechoslovak workers shall receive the same
payment as French workers of the same grade employed in the same establishment; or, if there are none, payment shall be based on the normal
wage rates current in the district. Equality of treatment is extended to
allowances payable in addition to wages. Family allowances are payable
in accordance with the regulations of family allowances funds. Any
alterations made in the wages of French workers during the period for which
the contract runs shall be extended of right to Czechoslovak workers. The
contract shall indicate the basic monthly wage of men, women, young men
workers between sixteen and eighteen, and young women workers between
sixteen and eighteen, also any bonuses and allowances which may be payable,
whether with lodging but without board and washing, or with board, lodging
1 république Française, Ministère D’Agriculture. Service de La Main-d’Œuvre
ET D’Immigration Agricole : Convention et règlements relatifs à l’immigraMon et à l’émigration, p. 145. Paris, 1928.
MODEL LABOUR CONTRACTS
175
and washing. Board and washing are calculated at 180 francs per month
(this amount may vary with the cost-of-living index). The rations of Czechoslovak workers shall be the same as those of French workers. If workers
are not satisfied with the rations provided, they can after a trial period be
transferred from the category of workers with board to that of workers
without board. When workers receive no board the employer shall give
them any information useful to them in procuring victuals of a good quality
and shall provide them with the utensils required in the preparation of the
food. Children below sixteen are allowed to work subject to conditions
to be agreed upon between the persons concerned, with the consent of their
parents and in accordance with legislative provisions referring to minors
and especially those concerned with compulsory elementary education.
For monthly wages, piece wages can be substituted by agreement between
the persons concerned and subject to the general conditions described
above (Article 4).
Time wages are payable in cash every month, piece wages on completion
of each job, subject to the conditions which are customary for French workers,
75 per cent, of the approximate amount of the wages due being paid each
month. A wages book corresponding to an official model shall be used ; this
is the property of the worker and shall remain in his possession together
with his identity papers : passport, labour contract, and extract from the
register of deaths, births and marriages. Wages, loans, deposits etc., and
advances made for travelling expenses shall be entered in the book (Article 5).
The employer is responsible for the selection of workers, the provision
of accommodation, travelling arrangements, rations and travelling expenses
from the centre of distribution in France. Railway fares from the recruiting
station in Czechoslovakia to the centre in France from which workers are
distributed are paid by the worker, but advances for travelling expenses
may be made by the employer and reimbursed by deducting not more than
10 per cent, of the total wages.
A worker who has fully completed his contract is to receive a sum equivalent to the amount provided for travelling expenses, which has been
fixed by agreement at 250 francs. This amount is subject to revision
(Article 6).
The lodgings of workers shall be in a sanitary condition, heated and lighted
as for French workers, separate accommodation being provided for unmarried workers of the two sexes. Households and families have a right to
demand separate lodgings. The employer shall provide every worker
with a bed, paillasse, bolster, sheets and blankets. When workers are
housed in stables or cattlesheds this shall be specially mentioned in the
contract (Article 7).
Workers shall enjoy the benefits of French legislation regarding industrial
accidents. In case of sickness the employer shall provide accommodation,
food, medical attendance and medicines, either on his own premises or at
a hospital, for the period of the sickness ; or, in cases of prolonged sickness,
for at least eight weeks. If the employer is insured the worker receives
sickness insurance benefit for the period prescribed by the regulations of
the insurance fund, if that period is in excess of eight weeks. The worker
must insure against risks by means of contributions which shall not exceed
2 per cent, of his total wages. In case of decease, the employer shall observe
the necessary formalities and shall at once notify the Justice of the Peace
who shall inform the Minister for Foreign Affairs (Article 8).
The employer may annul the contract if the worker • (a) persistently
refuses to observe the obligations imposed on him by the contract, (b) on
the ground of bodily violence, or ill-usage offered to the employer, the
staff of the establishment, or the workers employed, (c) if the worker
refuses to be taken to hospital in a case of infectious illness, (d) it the worker
habitually conducts himself in a way calculated to undermine the discipline
of the establishment. The worker may annul the contract: (a) on the
ground of bodily violence or ill-usage offered by the employer or his
176
PROVISIONS RELATING TO FOREIGN WORKERS
representatives, (b) if the employer refuses to hand over to the worker his
personal papers.
Alleged acts providing grounds for cancellation of a contract shall be
verified by the local constable (garde champêtre) or by two persons of repute
in the district. The defaulting party responsible for the annulling of the
contract shall pay compensation amounting to three francs for each week
of the unexpired period. If the contract is annulled through the employer’s
fault he shall refund to the worker the sums deducted in reimbursement of
travelling expenses and shall in addition pay him the bonus given to workers
on their departure. If the worker is responsible for the annulling of the
contract, he shall refund to the employer the sums advanced in respect
of travelling expenses not yet repaid b3f him. In addition to the compensation payments and refunds which follow annulment, damages may be
awarded by the courts for breach of contract (Articles 9 and 10).
Besides being annulled through a fault committed by either of the contracting parties, the contract may be annulled by reason of the death or
serious illness of the worker’s wife, lineal ancestor or descendant, or on
account of serious illness of the worker himself justifying repatriation, or
by reason of exceptional circumstances forcing him to return to his native
country. In this case the worker forfeits that part of the travelling expenses
which he has already refunded to the employer, but he is excused from
payment of the remainder. A proportion of the allowance for the return
journey, corresponding to the length of time he has spent in the establishment, is paid to him (Article 11).
Finally, Article 12 provides that the Ministry of Agriculture (labour and
agricultural immigration section) shall at once be notified, in the French
or Czech language, of any differences arising between employers and workers
who are signatories to a contract, either directly or through the medium
of the consular authorities.
(c) Model Contract for the Engagement
OF Austrian Workers in France
(Appended to the Recruitment Agreement of i926)
The contract shall ensure that the Austrian workers engaged shall be
on a footing of equality with French workers of the same grade of skill and
doing the same class of work in the district where they are employed as
regards the conditions of their employment (hours of work, rest-days) and
wages. If the wages of French workers are varied while the contract is
running, the same variations shall be made in the wages of Austrian workers.
The guaranteed minimum wage, the compensation that may be granted,
special rates of wages and permissible deductions from wages shall be entered
on the contract, as well as conditions relating to board and lodging.
The workers engaged shall be entitled to benefit by laws relating to
industrial accidents, and the labour contract shall guarantee certain benefits
in case of sickness for a limited period. Travelling expenses from the
recruitment station to the frontier shall be borne, as the contracting parties
may agree, either by the worker to whom 3Ò0 francs shall be refunded upon
termination of the contract, or by the employer, or they may be advanced
by the employer and repaid in instalments amounting to 10 per cent, of
the worker’s wages, up to an amount of 300 francs. Upon termination
of the contract these instalments are repayable to the worker by way of
a bonus. From the frontier station to the place of employment in France,
the travelling expenses are always home by the employer. The worker is
returned to his home at the employer’s expense in the following cases :
(a) if on his arrival the worker is refused for reasons of health (except
ADMISSION TO TRADES AND PROFESSIONS
177
where deception has been practised at the medical examination in the
place from which the worker has come) ; (b) if he falls sick while his contract
is running and if his sickness is of longer duration than the period during
which benefit is provided by the terms of the contract; (c) if he is released
before the expiration of the contract on account of exceptional circumstances
or for any other reason beyond his control, if he requests to return to his
home. It is further provided that all differences arising between the
contracting parties shall he settled through the intermediary of the Section
for Foreign Labour of the Ministry of Labour
§ 3.—Admission to Trades and Professions
The international regulations to be examined under this
heading relate to the following of occupations and professions
by migrant workers who have been admitted to a country ; they
are supplementary to the systems of regulations relating to entry
into the territories of contracting Parties, which sometimes
contain special provisions governing the admission of particular
classes of workers. These provisions have been analysed in
Chapter IV, § 1 and § 2, where special reference was made to the
entry of Chinese into the United States and Mexico, and of
Japanese into Australia.
The employment of foreigners on paid work and the following
of certain occupations, more especially the liberal professions
for which a University degree is required, are now subject to
very strict regulation in many countries. These regulations have
been studied in Volume II (Chapter VI, § 1, and Chapter XI, § 6).
This state of affairs must be kept in mind if the purpose underlying provisions on the subject contained in a great many treaties
is to be fully understood.
A large fiumber of commercial treaties confine the advantages
conceded to the contracting Parties in this respect to persons
following commercial and industrial occupations.
This is so in the case of the Commercial Agreements concluded between
Austria and Finland on 8 August 1927, Estonia and Hungary on 19 October
1922, France and Spain on 7 .January 1862, the Residence Treaty between
France and Switzerland dated 23 î'ebruary 1882, the Commercial Treaty
concluded between France and Czechoslovakia on 17 August 1928, those
between Germany and Belgium of 4 April 1925, and between Germany
and Lithuania of 1 June 1923; that between Sweden and Czechoslovakia
of 18 April 1925, the Residence Treaty concluded by Switzerland and Japan
on 21 June 1911, etc.
1 Communication received from the Austrian Migration Office, Oct. 1926.
12
178
PROVISIONS RELATING TO FOREIGN WORKERS
However, the rights eonceded by treaties often extend to all
branches of economic activity.
Thus, a very general formula is often inserted in residence treaties or in
residence clauses of treaties of commerce, amity, etc., by which nationals
of the contracting Parties are authorised to exercise freely any trade or
profession. Its presence may be specially noted in the following treaties :
Argentine Republic-Spain, Treaty of Peace and Amity, 21 September
1863 ; Denmark-France, additional Article of 9 February 1910 to the Commercial Convention of 9 February 1842; Denmark-Lithuania, Provisional
Commercial Arrangement of 18 July 1923; Denmark-Russia, Preliminary
Commercial Agreement of 23 April 1923 ; Denmark-Switzerland, Treaty of
Amity, Commerce and Residence of 10 February 1875 ; Germany-Costa-Rica,
Treaty of Amity, Commerce and Navigation of 18 May 1875; GermanySwitzerland, Residence Treaty of 31 October 1910; the Treaties of Commerce
concluded by Mexico with the Dominican Republic on 29 March 1889,
with Ecuador on 10 July 1888, with Japan on 80 October 1888, and with
Italy on 16 April 1890 ; Spain-Switzerland, Residence Treaty of 14 November
1879, with the exception of scientific occupations for which a diploma is
required; United States-Switzerland, Treaty of Amity and Residence of
25 November 1850, etc.
But it should be noted that many of these treaties were concluded before the development of regulations relating to the
employment of foreigners and the exercise of various occupations
by them; and that, as a result, serious difficulties arise when
attempts are made to enforce them as they stand. In treaties
concluded more recently States are generally much more cautious
in granting such rights.
The system at present preferred is the insertion of a most-favoured-nation
clause. This is the case, for instance, in the Residence Treaties concluded
by Albania and Italy on 29 February 1924, by Belgium and France on 6 October 1927, by the Belgo-Luxemburg Economic Union and Estonia on 28 September 1928, the same Union and Latvia on 7 July 1925, by Finland and
Greece on 18 December 1926, by France and Italy on 3 December 1927, by
Latvia and Switzerland on 4 December 1924, etc.
In cases where the formula granting liberty to exercise trades and professions is still employed (e.g. in the Residence Conventions concluded by
Turkey with Austria on 28 January 1924, with Bulgaria on 18 October 1925,
Poland on 23 July 1923, Switzerland on 7 August 1927 (Article 3)), or where
reciprocity of treatment for nationals of the contracting Parties is recognised
in principle (for instance, in the Commercial Treaty concluded between
Finland and Turkey, on 2 June 1926 (Article 3), the Consular and Residence
Convention between Raft/and the Serb-Croat-Slovene Kingdom of 21 August
1924 (Article 1); the Commercial Treaty between fhe Netherlands and
Poland of 30 May 1924 (Article 9 i), the system laid down by the treaties
really amounts to the most-favoured-nation system, for as in the other
treaties mentioned, a stipulation is introduced to the effect that the right
to follow a trade or profession can only be exercised within the limits
prescribed by internal legislation, and that it is limited more especially
1 This Article does not apply to the citizens and territory of the Free City of Danzig, as
does the remainder of the Treaty (Final Protocol, Article 5).
ADMISSION TO TRADES AND PROFESSIONS
179
with regard to trades reserved to nationals by law or even (as in Turkey)
by long-established custom.
In granting the status of the most favoured nation, States generally take
the precaution of specifying that the general provisions guaranteeing the
right to exercise trades and professions shall in no way affçct the enforcement of national regulations respecting certain trades and professions
which are applicable to all foreigners (Belgo-Ltucemburg Economic UnionPoland, 30 December 1922; Btãgaria-Poland, 29 April 1925; FinlandHungary, 29 May 1925 ; Finland-Poland, 10 November 1923 ; Hungary-Latvia,
19 November 1923 ; Poland-Switzerland, 26 June 1922), or (as in the Treaty
of Commerce concluded between Germany and Italy on 31 October 1925)
shall not prejudice the application of the regulations respecting the employment of foreign workers (final protocol, additional to Article 1). The Treaty
of Commerce concluded between Austria and Prance on 16 May 1928 also
includes a reservation respecting the advantages which may be granted to
the nationals of certain foreign countries by special Conventions coneluded
by one of the contracting Parties with a third State, with a view to regulating the employment of foreigners, including employees.
Sometimes the reservations refer to trades and professions explicitly
mentioned in the text of the treaty. For example, the Treaty of Commerce
signed by Austria and Hungary on 8 February 1922 excludes the profession
of chemist, commercial agents and itinerant trades.
In other cases reservations of a different character are made. For
example, the Treaty between Germany and the Soviet Union, signed on
12 October 1925, after making the right to exercise a profession or trade
dependent on the general regulations subordinating this right to the fulfilment of certain professional or industrial conditions, or even withholding it
totally from nationals or subjects of the most favoured nation (Article 2),
goes on to maintain, for nationals of the other contracting Party, the special
restrictions respecting the employment of foreigners in industries which
are of essential importance for national defence, or which constitute a State
monopoly; the same applies to local restrictions imposed in the interests
of national defence, or the exercise of business in certain specified areas
(additional to Article 2).
On the other hand, however, the terms of certain treaties
establish highly privileged treatment for nationals of the contracting Parties, and exempt them from the restrictive regulations
imposed on the exercise of trades and professions. But it is rare
that such privileges are granted indiscriminately, and in most
cases they apply only to persons already established in the
country, and not to intending settlers.
As an example may be taken the Agreement concluded between Austria
and Switzerland by the Protocol attached to the Treaty of 25 May 1925,
whieh renews the Treaty of 7 December 1875 respeeting conditions of
establishment. By this Protocol the Swiss Government declares that it
raises no objection to Austria making the ehoice and exercise of a trade by a
Swiss national dependent upon a formal authorisation by the political authorities, in the sense of section 8, paragraph 2, of the Austrian Decree on trades
and professions. It is, however, understood that an authorisation already
granted under the said Decree to take up or exercise a trade, shall be regarded
as a duly established right. The Austrian Government declares, for its
part, that it does not consider the measures in force in Switzerland respecting
the .sojourn and the settlement of foreign nationals as contrary to the
provisions of the Treaty. It is, however, understood that Austrian nationals
180
PROVISIONS RELATING TO FOREIGN WORKERS
who have received permission to reside or settle in Switzerland shall, apart
from the professions of chemist and itinerant trader, enjoy freedom of
commerce and industry, in accordance with Article 31 of the Swiss Federal
Constitution, except in so far as the regulations or conditions governing
the authorisation granted them impose any limitations in this respect.
Mention may also be made of the provisions of the “Agreement coneerning
workers” concluded by Italy and the Serb-Croat-Slovene Kingdom on 20 July
1925 (cf. § 1), which suspends the application of the Serb-Croat-Slovene
laws respecting the protection of national workers, in respect of Italians
who settled in the Serb-Croat-Slovene Kingdom between 1 January 1920
and 1 January 1925.
Again, as a result of negotiations between the two Governments, Czechoslovak subjects established in the Serb-Croat-Slovene Kingdom before 14 July
1922 were exempted by a Special Order from the restrictive provisions
respecting the employment of foreigners
Reference should also be made to the Arrangement arrived at concerning
the legal status of Russian and Armenian refugees under the auspices of
the High Commissariat for Refugees of the League of Nations on 30 June
1928; it is recommended in that Arrangement that restrictive regulations
concerning foreign labour should not be rigorously applied to the refugees
in their country of residence
Some treaties deal with the exercise of particular trades.
The exchange of notes between Denmark and France on 12 and 19 October
1925 respecting conditions of residence for Frenchmen in Greenland thus
authorises the free exercise of hunting and fishing 'rights on the coast of
Greenland The Convention concluded between Prance and Germany on
27 July 1922, respecting the crews of Rhenish boats ceded by Germany to
France, allows German sailors to serve on board such vessels, and guarantees them labour contracts conforming to German legislation and the social
insurance benefit granted by that legislation (insurance of employees and
workers against sickness, accident and invalidity). Such sailors must be
engaged through the intermediary of the German societies founded for that
purpose. German nationals working on such boats may dwell either in
France or in Germany, and transport their personal effects to their place of
dwelling without paying importation or exportation duties.
The contents of a large number of Conventions refer to the
exercise of intellectual professions which require a university
diploma. There are even a certain number of multilateral
agreements on this subject.
The Pact of the Central American Union of 17 February 1872 and the
Convention signed on 4 February 1889,which covers a certain number of
South American States, stipulate that all professional titles and diplomas
issued by the competent authorities in any one of the signatory States
shall be valid in all the other States for the exercise of the liberal professions
for which they were granted in the eountry of issue. The holder is merely
required to produce a duly authenticated document and prove his identity.
The Second Pan-American Conference (December 1901-January 1902)
drew up a further Convention respecting the exercise of the liberal professions. This Convention, signed on 27 January 1902, entitles nationals
^ Communication to the International Labour OfiQce, 25 Feb. 1926.
2 High Commission for Refugees : L.S.C. 11/1928 (1).
ADMISSION TO TRADES AND PROFESSIONS
181
of the signatory States to use their titles and diplomas in the territories of
the States adhering to the Convention respecting the exercise of trades and
professions, provided that such titles and degrees are authentic, have been
registered in the country of residence in accordance with certain formalities,
and that the exercise of such trades and professions is not reserved exclusively for nationals. At the same time, all the signatory States may require
the holders of the said titles and diplomas to pass an examination before
allowing them to practise any branch of the medical profession, including
that of chemists and druggists.
A large number of bilateral treaties also relate to the exercise
of the liberal professions and the validity of diplomas and certificates issued in the holder’s country of origin. Many of these
treaties are old and have been cancelled by the Conventions
mentioned above. Nevertheless, some of them continue to bind
European and Asiatic countries to American States. Especially
noteworthy in this connection is the series of such treaties concluded between Spain and the Spanish-American countries.
The following examples may be quoted :
Argentina-Bolwia, the Treaty of Amity, Commerce and Navigation of
9 July 1868 (Article 3); Bolivia-Colombia, Treaty of Amity, 19 March 1912
(Article 5); Bolivia-Ecuador, Treaty of Amity of 17 April 1911 (Article 3);
Bolivia-Spain, Convention respecting the mutual recognition of university
titles, of 4 September 1903 ; Chile-Eciuidor, Conventions respecting the mutual
recognition of professional diplomas and titles, of 9 April 1897 and 17 December 1917 ; Costa Rica-Salvador, Treaty of Amity and Commerce of 8 November 1882 (Articles 10 and 11) ; Colombia-Spain, Conventions respecting the
mutual recognition of university titles, of 23 January 1904 and 3 March
1925; Spain-Guatemala, id. of 21 September 1903; Spain-Honduras, id.
of 5 May 1905; Spain-Mexico, id. of 28 May 1904; Spain-Nicaragua, id. of
4 October 1904; Spain-Peru, id. of 9 April 1904; Spain-Salvador, id. of
16 July 1904; Guatemala-Salvador, Treaty of Peace and Amity of 8 May
1876 (Article 6); Nicaragua-Salvador, Treaty of Amity and Commerce of
17 November 1883 ; Honduras-Mexico, Treaty of Amity and Commerce of
24 March 1908 (Article 10); Honduras-Salvador, Treaty of Peace and Amity
of 31 March 1876 (Article 7); Ilaly-Siam, ISxchange of Notes for the
recognition of Italian university titles in Siam, 9 May 1926; MexicoNicaragua, Treaty of Amity and Commerce of 6 November 1902 (Article 6) ;
Mexico-Salvador, Treaty of Commerce and Navigation of 24 April 1893
(Article 10).
Other treaties cover only some of the liberal professions.
An Arrangement between Bolivia and Peru dated 18 September 1883
refers to the exercise of the professions of barrister and doctor.
An Agreement between Great Britain and Italy dated 21 May 1925,
respecting the exercise of the medical profession in the respective territories,
and another dated 26 April 1917 between Japan and Mexico, authorise the
nationals of each of the contracting Parties who are in possession of diplomas
issued by the institutions of their country, to practice their profession on
the territory of the other contracting Party.
Certain agreements relate to the exercise of the medical profession in
spas during the season. As an example may be quoted the Agreement
182
PEOVISIONS RELATING TO FOREIGN WORKERS
concluded for this purpose between Czechoslovakia and Poland on 23 December 1922.
Treaties have sometimes been concluded for the reciprocal admission of
doctors, midwives and veterinary surgeons established near the frontier
for work in the frontier zone, as for example, the Agreement signed on
7 February 1873 by Belgium and Germany.
§ 4.—^Apprenticeship
Volume II of this study gives an analysis of several Acts
respecting the preliminary training of immigrants, especially in
the British Dominions of Australia and Canada, where juvenile
immigration is encouraged. Agreements have been concluded
between these two countries and Great Britain, which provide
for the upkeep of training farms for young immigrants, where the
newcomers receive practical tuition before being, placed on farms
or being allowed to take up land on their own behalf (cf. Vol. II,
pp. 181-184).
A number of international agreements have also been concluded
to provide vocational training for immigrants. These agreements
aim not so much at helping immigrants to adapt themselves to
the new conditions in which they live as at providing them with
a temporary training period in a foreign country, which will
enable them to acquire a knowledge of the language of the country
and the technical methods in use.
Austria-Denmark.—^An Exchange of Notes dated 19 December 1925,
aims at providing facilities for the placing of student employees who have
completed a course of agricultural science in well-equipped undertakings of
the other State, for a period of six months or a year. The placing of students
in Austria is carried out under the supervision of the Federal Ministry of
Agriculture and Forestry, and in Denmark by the Dansk Landokonomis,
Bejsbureau. The maximum number of student employees admitted annually
into Denmark under this agreement is 30, while in Austria the number is
not fixed. The students concerned receive free board and lodging but no
remuneration.
Czechoslovakia-Denmark.—An agreement to facilitate an exchange
of agricultural students by the issue of a free visa, valid for six months and
renewable for a similar period, was concluded by an Exchange of Notes on
2 June 1924.
The departments responsible for the placing of students are the Dansk
Landokonomist Bejsbureau in Denmark, and the Zemedelska Jevnota in
Czechoslovakia.
France-Great Britain.—An Agreement was concluded on 16 May
1928 between the French Ministry of Labour on the one hand, and the
British Ministry of Labour and the Home Office on the other, with a view
to facilitating the admission of student employees in both countries. By
APPLICATION OF LABOUR LEGISLATION TO FOREIGN WORKERS
183
this arrangement it is agreed that a maximum number of 500 persons from
each country will he admitted annually into the other country as student
employees—^that is to say, young persons of either sex under 30 years of
age and just beginning their career, who go to the other country for a limited
period (generally one year, with possible extension for a further six months)
in order to perfect themselves in the knowledge of the language, or of the
commercial and professional customs of that country, while working in an
industrial or commercial establishment. As these persons are admitted with
a view to perfecting their technical knowledge, permits are granted to them
irrespective of the state of the labour market in the trade or profession
affected. At the same time, special six-monthly contingents have been
fixed for certain trades, these contingents being of course included in the
annual quota authorised under the Agreement. For example, the number
of French subjects allowed to enter Great Britain to take up employment in
hotels and restaurants is fixed at 100, while the corresponding British
contingent for France is 50. In the hairdressing trade the numbers are
twelve for the French in Great Britain and nine for the British in France,
while 40 French bank clerks are allowed into Great Britain as against
50 British into France. As regards hospital assistants and nurses, the
French contingent for Great Britain is 30 and the British contingent for
France 50. In both countries, the competent authorities do their best,
with the help of the trade unions or through other channels, to find work
in the above-mentioned trades for student employees from the other country.
The authorities are also required to see that all applications from student
employees desirous of entering the country to take up employment, are
answered within 14 days of reception. Student employees who find employment before leaving their native country must apply to the competent
authorities of their country through the usual channels for permission to
accept the work offered; the necessary permits are issued to them through
the same channels. Student employees who have no definite engagement,
receive a temporary landing permit for two months. When they find work
which is sanctioned by the competent authorities, they are allowed to
remain in the öountry for twelve months.
France-Germany.—A similar agreement was concluded on 13 August
1928 between the French and German Ministries of Labour. The principles
of the two agreements are the same, but the Franco-German Agreement
differs in a number of points from that concluded with Great Britain. In
the first place, no contingents are placed on eertain trades, and secondly,
employers who accept student employees are required to pay such employees,
when they become proficient, according to the rates laid down by collective
agreements when such agreements exist, or at the usual rates obtaining in
the trade and district concerned in the absence of collective agreements.
In all cases employers must undertake to pay student employees in accordance with their worth.
§ 5.—The Application of Labour Legislation
to Foreign Workers
The position of the foreign worker in respect to labour legislation
is very involved, and is determined at one and the same time by
the national legislation of his country of residence, international
customs and treaties, and even, to some extent, by his personal
status. The combined influence of these factors and the manner
in which they affect each other have in turn a tendency to
184
PROVISIONS RELATING TO FOREIGN WORKERS
modify, for a given country, the scope of international agreements
concluded on the subject.
The national laws, which in this connection differ widely from
country to country—as equality of treatment must necessarily
depend more or less on the general principles laid down by the
Constitution of the country considered—also show wide divergences in the various branches of social legislation.
When it is a question of legislation for the general protection
of the working class, such as laws and regulations respecting
industrial hygiene, hours of work, weekly rest, etc., such laws
and regulations apply to all undertakings in the country, and no
distinction is made between national and foreign workers.
Consequently, the benefits conferred by such measures extend to
all persons resident in the country.
With regard, however, to legislation respecting freedom of
association and social insurance, foreign workers, while rarely
being totally excluded, are usually subject to special regulations
and obligations. Attention is drawn in Chapter XI (§ 8) of
Volume II to a number of instances of such inequality of treatment. It will be seen from the present chapter how the conclusion
of treaties tends to lessen the effect of restrictive measures
embodied in national legislation.
The legal recognition of equality of treatment does not, however,
dispense with the necessity for international agreement. In the
absence of an agreement which formally guarantees the regular
observance of the legislative provisions, equality of treatment,
although recognised in a general fashion by law, may be suspended
as an act of reprisal. In many cases, moreover, full equality
of treatment is guaranteed only to nationals of countries which
have equivalent social legislation and which extend the benefits
of the same to subjects of the country considered. Even in the
absence of a formal treaty, this may well lead to negotiations
between the States interested for the formal recognition of the
uniformity of their respective laws on certain given points, and
the adoption of the necessary measures for their extension to
nationals of the other State. The legislative or administrative
measures taken as a result of this recognition are the expression
of the agreement arrived at, and are to some extent equivalent
to a treaty.
Moreover, absolute equality of treatment is not always the
APPLICATION or LABOUB LEGISLATION TO FOREIGN WORKERS
185
most beneficial arrangement that can be made for foreign workers.
To introduce for such persons a system of social protection and
insurance which, while not being identical is yet equivalent and
efficient necessitates a certain amount of adjustment. The
primary aim of treaties is therefore to adapt general provisions
to special circumstances. For example, whereas the payment of
accident compensation to the dependants of a victim, on condition that the said dependants were domiciled at the place of the
accident when it occurred rarely prevents the dependants of a
national worker from receiving the compensation due; in the
case of a foreign worker, whose family often lives abroad, such a
condition is tantamount to stopping the payment of compensation. Similarly for branehes of insurance whieh only become
effective after a long period, special regulations must be adopted
by agreement to facilitate the transfer of the funds of the insurance
institutions of one country to another country, or the international payment of compensation and pensions. Many other
practical difficulties necessitate the conclusion of agreements
between the competent authorities.
It is thus seen that diplomatic action often completes the
legislative measures adopted by countries to provide foreign
workers with the same conditions as are granted to national
workers under their social laws.
In the majority of cases, however, it is the national legislation
whieh serves as a basis for the provisions laid down in conventions.
This method of procedure was advocated by a Recommendation
adopted by thé First Session of the International Labour Conference (Washington, 1919) in the following terms :
The General Conferenee recommends that each member of the International Labour Organisation shall, on condition of reciprocity and upon
terms to be agreed between the countries concerned, admit the foreign
workers (together with their families) employed within its territory, to the
benefit of its laws and regulations for the protection of its own workers, as
well as to the right of lawful organisation as enjoyed by its own workers.
It will be seen, moreover, that several of the Draft Conventions
adopted by the International Labour Conference in respect of
social insurance (unemployment insurance, accident insurance,
sickness insurance) are applicable to foreign workers as well as to
national workers. In another Draft Convention particular
reference is made to the application of equality of treatment to
national and foreign workers in respect of accident compensation.
186
PROVISIONS RELATING TO FOREIGN WORKERS
Again, the General Emigration and Immigration Conferences
held in Rome in 1924 and Cuba in 1928 passed a number of resolutions respecting the right of foreign workers to benefit from the
social legislation of the country in which they reside. Several
of these resolutions demand equality of treatment as between
foreign workers legally established in the territory of a country
and the national workers in respect of conditions of labour and
the application of labour legislation and social insurance. Others
refer to the urgency of taking measures to ensure that workers
who work successively in a number of countries shall benefit
from social insurance provisions; still another demands that
foreign workers legally admitted into colonies or possessions of a
country, shall be covered by labour legislation and social insurance
in the same way as national workers.
In the following pages a description is given of the diplomatic
action taken to promote the extension to foreign workers of the
measures adopted in connection with labour, freedom of association and representation, and social insurance.
(a) Labour Laws
As has already been stated % labour laws generally apply to
the whole population of a country. But although this fact
partially dispenses with the necessity for special treaties, a certain
number of agreements have nevertheless been concluded in
various countries. In some cases these agreements are for the
purpose of securing the introduction in each of the contracting
States of general labour legislation which will apply indirectly
to the nationals of other States who take up employment there ;
in other cases their aim is to obtain recognition for and to define
the right of nationals of each of the contracting States to the
benefits accorded by the existing legislation of the other contracting Party; in still other cases the object of such agreements
is to ensure special protective measures for immigrant workers.
The essential aim of the first mentioned agreements is to
introduce uniformity into the national legislation adopted by
the contracting Parties for the protection of workers. Such is
^ See p. 184.
LABOUR LAWS
187
the object of the Conventions adopted by the Beme Labour
Conference, the Draft Conventions and Recommendations of
the International Labour Conference and a number of more
limited conventions and treaties such as the Central American
Convention of 1923 or bilateral treaties to promote the development of labour legislation.
One of the primary objects of conventions for the unification
of labour legislation is admittedly to remove the obstacles put in
the way of social progress by “the failure of any nation to adopt
humane conditions of labour” as nations with backward social
legislation may be very dangerous competitors to States which
desire to improve the lot of their workers. But if the unification
of labour legislation could be accomplished on a wide scale, the
result would be that workers migrating from country to country
would find in every State social safeguards similar to those
obtaining in their native country, provided that the system of
labour legislation set up in each country be not reserved solely
for national workers. The Draft Conventions are drawn up for
general application in each of the signatory States, and foreign
workers are implicitly included within their scope. In certain
of these Conventions it is explicitly laid down that the relevant
measures shall be applied without distinction of nationality as,
for example, in the Draft Convention of 1919 concerning the
employment of women before and after childbirth.
In addition to the Draft Conventions and Recommendations
concerning certain aspects of labour legislation (hours of work,
weekly rest, night work of women and children), special attention
must here be called to the wide scope of the measures respecting
the appointment in each country of factory inspectors to ensure
the enforcement of the laws and regulations for the protection
of the workers. An obligation of this character was undertaken
by the States Members of the International Labour Organisation
when subscribing to the Labour Charter, of which an Article
(No. 427 of the Treaty of Versailles) obliges them to set up some
such organisation. Again, a Recommendation adopted by the
International Labour Conference in 1923 lays down the general
principles foy the organisation of systems of inspection, while
1 Preamble to Part XIII of the Treaty of Versailles.
188
PROVISIONS RELATING TO FOREIGN WORKERS
another Recommendation adopted in 1919 advocates the establishment of government health services.
Although limited in its scope of application, the Central American Convention of 7 February 1923 covers all aspects of workers’
protection. Indeed this document is to all intents and purposes a
code of labour and social welfare adopted in common by five
Republics. It establishes the principles which in each of these
States are to serve as a basis for the recognition of freedom of
labour; the regulation of the age of admission to industry, night
work of women and children, and Sunday or weekly rest; the
establishment of foreign labour contracts; the institution of
maternity, sickness, old age and survivors’ insurance; the definition of the employers’ responsibility in case of industrial accidents ;
and the development of social welfare institutions of all kinds,
such as co-operative societies, savings banks, societies for the
construction of cheap dwellings, etc.
Among bilateral treaties to promote the development of labour legislation
as a method to procure efficient protection for the nationals of the contracting States, special mention must be made of the Treaty, characteristic
of its kind, concluded between France and Italy on 15 April 1904.
In virtue of this agreement, the Italian Government undertook to complete
throughout the territory of the Kingdom and especially in industrial districts,
the organisation of a factory inspectorate responsible to the Government
and offering in connection with the enforcement of the law the same guarantees as those given by the factory inspectorate in France. It was stipulated
that the factory inspectors would be required to insist particularly on the
observance of the legislation regulating the work of women and children,
especially the provisions respecting the prohibition of night work, the age
of admission to industry, the hours of work and the obligation to grant a
weekly rest period. The Treaty further stated that if it were proved that
the legislation concerning the work of women and children had not been
respected by the other Party as the result of inadequate supervision or of
authorisations contrary to the law, or if, as a result of the introduction of
new laws, the protection of the workers were in any way diminished, the
contracting Parties would be entitled to denounce the Convention. The
Governments undertook to publish a detailed annual report on the application of the laws and regulations concerning the work of women and
children, and the Italian Government expressed its intention to investigate
and to introduce gradually measures for the reduction of hours of work of
women employed in industry (Articles 4 and 5).
Furthermore, it was laid down in Article 3 that if steps were taken by
one of the contracting Parties or by a third State with which they were in
diplomatic relations to invite the various Governments to a conference for
the purpose of introducing uniformity in certain legal provisions concerning
the protection of workers, the agreement of one of the two Governments to
take part in such a conference would bind the other Government to take
similar measures.
LABOUR LAWS
189
The second aim to be achieved, namely, the extension of labour
legislation to nationals of a State who take up employment abroad
has not given rise to special agreements, owing to the fact that
such extension care in most cases be made without official intervention on account of the actual nature of such legislation.
Nevertheless labour and recruiting treaties often contain clauses
guaranteeing that the labour legislation of the immigration
country shall be fully extended to workers belonging to the other
contracting State.
A clause of this kind is to be found in the following treaties, an analysts
of which is given in § 1, ("6^ and (f),ot the present chapter : Austria-Poland,
25 September 1922, Article 20; Belgium-France, 24 December 1924, Article 3 ; Belgium-Luxemburg, 20 October 1926, Article 3 ; Brazil-Italy, 8 October
1921, Article 4; France-Italy, 30 September 1919, Article 3; France-Poland,
3 September 1919, Articles 3 and 5 ; France-Czechoslovakia, 20 March 1920,
Articles 3 and 4; Germany-Poland, 24 November 1927, Article 7; GermanySerb-Croat-Slovene Kingdom, 22 February 1928, Article 15; GermanyCzechoslovakia, 11 May 1928, Article 15; Italy-Luscemburg, 11 November
1920, Article 4; State of Sao Paulo (Brazil)-Poland, 19 February 1927,
Article 8.
Provisions to grant to foreign workers the same protection as is afforded
to nationals are sometimes inserted in general treaties, as for example
Article 5 of the Treaty of Commerce signed between Austria and China on
19 October 1925, and Article 17 of the Treaty of Commerce concluded
between Belgo-Luxemburg Economic Union and Czechoslovakia on 28 December 1925.
Sometimes, instead of or in addition to the application of
national legislation, the status of the most favoured nation is
granted to the other contracting Party in all matters connected
with labour conditions and the protection of the workers.
A clause of this nature was inserted, for example, in the Agreement concluded between Brazil and Poland on 19 February 1927 (Article 8) and in
the Franco-Polish Labour Treaty of 3 September 1919 (Article 4).
*
* *
Finally, the Government of the country of immigration sometimes agrees to take special measures for the protection of workers
from the other contracting State.
For example, the Labour Treaty concluded between Brazil and Italy on
8 October 1921 guarantees in Article 4 that the Brazilian Government will
take special measures to supervise the observance of contracts of employment.
Measures respecting the supervision of the observance of
emigrants’ contracts of employment have also been inserted by
Italy in a number of treaties which do not deal with labour
matters.
190
PROVISIONS RELATING TO FOREIGN WORKERS
Thus the Treaty of Amity and Extradition concluded between Bolivia
and Italy on 18 October 1890 stipulates in Article 5 that when the Bolivian
Government recruits Italian emigrants for work in Bolivia, whether such
workers are recruited in Italy or in another country, and whether on its own
behalf or in consequence of the grant of a concession to a private person or
society, the Bolivian authorities must see that the recruiting contract is
equitable and that its clauses are scrupulously observed With this end in
view, the Government promises to render every assistance to emigrants
and to afford them legal protection against possible abuses and fraud.
Stipulations of this nature are embodied in the treaties concluded by Italy
with the following States : Residence Treaty with Albania dated 29 February
1924, Article 1 ; Treaties of Amity, Commerce and Navigation with Cuba,
dated 29 December 1903, Article 25 ; with Mexico on 16 April 1890, Article 25,
and with Paraguay on 22 August 1923, Article 4 ; as well as in Article 9 of
the supplementary agreement, signed on 5 January 1889, to the Treaty of
Commerce with the Dominican Republic of 18 October 1886.
In order to guarantee such protection, the appointment of special
officials is sometimes promised by the country of immigration.
In the Emigration and Immigration Convention concluded on 20 March
1920, the French Government promised Czechoslovakia (Article 4) that it
would add to its inspection services a number of officials with a knowledge
of the Czechoslovak language. Similarly, various instruments signed as a
result of XheFranco-Polish Labour Treaty provide for the institution in Prance
of specially organised inspection services including official interpreters to
supervise districts where large numbers of Polish workers are employed.
Reference has already been made to this fact in § 1, 6.
The Agreement concluded between China and Great Britain on 24 October
1860 stipulated that in the British colonies and protectorates which
recruit Chinese workers in virtue of the Agreement, special officials would be
appointed to ensure the protection of the workers.
The most typical of the agreements for the organisation of special measures
for the protection of immigrant workers is the Franco-Italian Treaty of
15 April 1904, to which reference has already been made. Article 3 of
this agreement states that the French Government shall set up advisory
committees, which will include as many Italians as possible among their
members, in industrial regions where a large number of young Italians
living apart from their families are employed, and that the Italian Government will take the same steps for the protection of French workers. The
definite organisation of these advisory committees was authorised by the
arrangement concluded on 15 June 1910 by France and Italy for the protection of young workers. The sub-prefect and the councillor of the prefecture,
the mayor of the commune, the factory inspector and the consul are ex officio
members of these committees, which are required to supervise the strict
observance of the laws and regulations and to ensure that equitable and
humane treatment is accorded to young workers living apart from their
families, and that all measures relating to hygiene and morality which may
affect them are observed. In this connection it may be recalíed that
Article 20 of the Labour Treaty of 1919, which was analysed above (§ 1),
provides for the institution of advisory committees for the protection of
Italian workers of all ages, this measure extending the scope of the committees set up under the arrangement of 1910
1 In virtue of the conclusion of the Labour Treaty of 1919 the French Ministry of Labour
has organised advisory cominittees for the protection of Italian workers in several departments where large numbers of Italians are employed. Such committees were appointed
LABOUR LAWS
191
Furthermore, the arrangement of 1910 deals with the supervision, the
age of admission to industry and conditions of work of young workers.
Apart from the reservations made by this arrangement, the provisions of
the French Act of 2 November 1892 remain applicable to young Italians
working in France, especially as regards age limits and penal sanctions.
In like manner the provisions of the Italian Act of 10 November 1907 still
apply to young Frenchmen working in Italy. In order to obtain the work
book required by the national laws of both countries, young Italians in
France and young Frenchmen in Italy must provide the municipal authority
with a certificate conforming to a special model delivered by the competent
consul. At the same time this certificate is not required from Italians
who are registered at birth by the French civil authorities, nor from Frenchmen who were similar^ registered in Italy. The mayor may not issue a
work book except on receipt of the above-mentioned consular certificate,
which must contain a photograph of the holder stamped by the consul
or the signature of the holder given in the presence of the consul.
This certificate must be visaed by the mayor, stamped with the seal of
the commune, and attached to the work book of which it forms an integral
part.
As regards the grant of a permit to work in France to young Italian
workers of between 12 and 13 years of age, the certificate required by the
Italian Act of 15 July 1887 (No. 3961) may replace the certificate of elementary studies required by the French law of 28 March 1882, the same privilege being granted to young Frenchmen between 12 and 13 years of
age working in Italy. The certificates mentioned above are not required
for workers over 13 years of age. The transmission of certificates, correspondence and legalisation of documents by the consular authorities in virtue
of the arrangement are gratis. .Similarly, consular certificates and other
documents mentioned in the arrangement are exempt from all fees and
duties in conformity with the legislation of the two countries concerning
work books and the documents required to obtain same.
During the whole period of employment of a young worker his work
book remains in the possession of his employer, who must give it back to
its owner when the latter leaves his service. The factory inspectors and
police officers are required to examine all work books and consular certificates when they visit industrial establishments; they are further required
to confiscate all such documents which have been illegally issued or are in
the possession of a person other than the legal holder.
Admission to unhealthy or dangerous industries is regulated by the law
of the country. In the glass working industry, dangerous and unhealthy
work forbidden for children in Italy is to be forbidden for children in France
and vice versa. But on account of the divergences between the French Act
of 2 November 1892 and the Italian Act of 10 November 1907 respecting
the age to which legal protection extends. Decrees issued in each of the two
countries in virtue of the national legislation in force must specify the ages
between which such work is prohibited.
Again, a certain number of treaties authorise the country of
emigration to assume, within certain limits, the protection of
its emigrants.
Thus several labour and recruiting treaties authorise the
nomination by the country of emigration of consular agents or
ÍQ the Department of the Alpes-Maritimes by an Order dated 16 December 1922, in Savoie
by an Order dated 12 March 1923 and in Haute-Savoie by an Order dated 15 October
1921.
192
PROVISIONS RELATING TO FOREIGN WORKERS
even of special officials entrusted with the supervision of the
observance of the stipulations of the convention and to take the
necessary steps to safeguard the interests of emigrant workers.
The powers and prerogatives of these agents are sometimes
far-reaching and are clearly defined by the provisions of the
treaty.
Varying considerably from country to country, provisions are to be found
respecting the nomination of officials entrusted with a mission of this nature
in the following treaties, a summary of which is given in § 1 : Austria-Czechoslomkia, 24 June 1925, Articles 5 and 10 ; Brazil-Poland, 19 February 1927,
Article 11; France-Italy, 30 September 1919, Article 3; France-Poland,
protocols of 17 April 1924 and 3 February 1925; Germany-Serb-CroatSlovene Kingdom, 22 February 1928, Articles 18 and 19; Italy-Luxemburg,
11 November 1920, Article 14; Mozambique-Southern Rhodesia, 22 July
1925, Articles 3-11 and 15; Spain-Liberia, 22 May 1914; South AfricaMozambique, 11 September 1928, Articles 10 and 11.
In many cases also an undertaking is given in labour and
recruiting treaties to encourage the foundation and the working
of immigrants’ mutual aid and co-operative societies and, in a
general manner, the work of private institutions for the aid of
immigrants.
Stipulations of this character are to be found in the following treaties :
Brazil-Italy, 8 October 1921, Article 5; Franee-Italy, 30 September 1919,
Article 17; France-Poland, 14 October 1920, Article 11; State of Sao Paulo
(Brazil)-Poland, 19 February 1927, Article 8.
(h) Freedom of Association and Workers’ Representation
It frequently happens that freedom of association and the
right to representation in the various workers’ organisations and
joint institutions (factory committees, district committees, arbitration courts, probiviral courts, etc.) is limited for foreign
workers (cf. Vol. II, Chapter II, § 8)
In addition to the general provisions respecting freedom of
association which have already been mentioned (Chapter VI,
§ 3, “Constitutional Rights”), labour treaties sometimes contain
clauses concerning the privileges enjoyed by immigrant workers
in virtue of the agreement.
1 Further information concerning the right of foreigners to take part in trade union
activities will he found in the study published by the International Labour Office :
Freedom of Association (Studies and Reports, Series A. (Industrial Relations), Nos. 28-32),
of which four volumes have been issued and one is in preparation.
FREEDOM OF ASSOCIATION AND WORKERS’ REPRESENTATION 193
In some cases the treaties merely corroborate the privileges
already granted by national legislation.
For example, the various agreements concluded by Germany to regulate
the seasonal immigration of agricultural workers, guarantee immigrant
workers equality of treatment with the German workers in all matters
relating to trade union activities and the regulation of conditions of labour,
including conciliation and arbitration by the labour courts, subject to the
provisions of German legislation applicable to all foreigners (Agreements
concluded with Czechoslovakia on 11 May 1928, Article 15; with Poland
on 24 November 1927, Article 5, and with the Serb-Croat-Slovene Kingdom
on 22 February 1928, Article 15).
Somewhat similar in effect is the measure embodied in Article 3 of the
arrangement respecting residence and legal protection signed by Germany
and the Soviet Union on 12 October 1925. According to this agreement the
nationals of one of the contracting Parties have full and entire liberty on
the territory of the other Party, to belong or not to belong to trade unions
and similar industrial organisations, according to the conditions laid down
in the rules and regulations of the said trade unions and organisations.
Similarly, Article 12 of the Franco-Polish Convention respecting social
welfare, which was concluded on 14 October 1920, stipulates that the
nationals of each of the two countries shall be entitled to belong or not to
belong to trade unions, industrial or corporative groups, in the same
manner as nationals of the country, subject to the legal provisions concerning
the administration of these trade unions or groups.
In many cases, however, treaties greatly increase the rights of
foreign workers in this connection.
Some of the treaties lay down that a special agreement shall be made,
which wUl guarantee the workers of one of the countries occupied in the
other, equal treatment with national workers with regard to freedom of
association and industrial organisation. An example of this is the Treaty
of Commerce concluded between Italy and Czechoslovakia on 23 March 1921,
Article 35.
Complete equality in this respect is admitted by Article 7 of the ItaloLuxemburg Labour Treaty, signed on 11 November 1920.
Several of the labour treaties or supplementary agreements already
mentioned (ef. § 1) embody provisions which allow workers and employers
of the two countries who are affected by collective labour disputes to belong
to the coneiliation and arbitration Committees dealing with such disputes
(Belgium-France, 24 December 1924, Article 6 ; Belgium-Luxemburg, 20 October 1926, Article 6; State of Sao Paulo (Brazil)-Poland, 19 February 1927,
Article 8; France-Italy, 30 September 1919, Article 18; France-Poland,
14 October 1920, Article 12; Italy-Luxemburg, 11 November 1920, Article 5).
Some of the said treaties include a clause to facilitate the work of representatives appointed by workers of the same nationality employed in the same
mining undertaking, to submit collective demands (France-Italy, 30 September 1919, Article 8, § 2; France-Poland, 14 October 1920, Article 12,
§ 3). Participation in the mutual aid societies of the immigration country
and even in their management, subject to the number of foreign administrators being one less than half the total number of administrative members,
is admitted by the Franco-Italian Treaty dated 30 September 1919, Article 10,
and the Franco-Polish Convention of 14 October 1920, Article 4.
Mention has already been made under (a) (Labour Laws of
13
194
PROVISIONS RELATING TO FOREIGN WORKERS
the provisions respecting the foundation and working of mutual
associations of immigrants (credit associations, production
societies, etc.).
(c) Social Insurance in General
A complete volume could be written on the measures taken
in connection with the application to foreigners of social insurance
legislation, and diplomatic action arising therefrom. The study
made of this subject in the following pages is necessarily very
brief and somewhat superficial. Nevertheless, it will enable
the reader to form an idea of the variety of international solutions
which have been found for the very important economic and
social problem which is raised by the question of foreign workers’
participation in social insurance.
All social insurance matters which do not refer to foreign
workers who may really be considered as immigrants have been
left out of this study. No mention is made of the agreements
relating specially to international transport workers, and of
those Conventions concluded during the post-war reconstruction
period, and which, in virtue of the stipulations of the Peace
Treaties (Article 312 of the Treaty of Versailles and corresponding
Articles of other peace treaties), have regulated the transfer of
reserves accumulated by the social insurance institutions of
Austria, Bulgaria, Germany or Hungary, to the insurance institutions of the successor States.
In this section is given an analysis of treaties which contain
stipulations respecting the enjoyment of the benefits of social
insurance in general by the nationals of the contracting States,
as well as of treaties which include provisions referring to several
branches of social insurance.
Stipulations which allow in a general manner the enjoyment
of social insurance benefits are in most cases merely temporary
agreements, which must be completed by special agreements on
each branch of insurance before they can be applied practically.
An example of a multilateral agreement is the decision of the
International Labour Conference already mentioned (cf. under
(a), p.l86), which recommends the States, on condition of reciprocity, to admit foreign workers, together with their families.
SOCIAL INSURANCE IN GENERAL
195
employed within their respective territories, to the benefit of
their laws and regulations for the protection of their own workers
(and this may be taken to include social insurance legislation).
In addition, mention must be made of the Recommendation
adopted at the Session of 1921, in favour of the extension to
agricultural workers (foreign workers being implicitly included)
of the systems of insurance against the various social risks.
Bilateral treaties include a certain number of general treaties,
treaties of commerce, amity, and residence, consular conventions, etc., containing a clause which guarantees in an indefinite
fashion equality of treatment between citizens of the contracting
State and nationals in respect of the application of social insurance,
or in other cases stipulates that this question shall be regulated
by subsequent arrangements.
An example of this is the supplementary Treaty of Commerce concluded
between Germany and Austria on 25 January 1905, where the promise
received fulfilment (see further) in the Agreement of 8 January 1926. Of
such a character also are the following treaties ; consular Convention
between Albania and Italy of 29 February 1924; the Agreement respecting
residence and legal protection concluded between Germany and the Soviet
Union of 12 October 1925, addendum to Article 3 ; the Treaty of Commerce
between Germany and Sweden of 14 May 1926, Article 3; the Economic
Convention between Germany and Czechoslovakia of 29 Jime 1920, Article 20 ;
the Treaty of Commerce between Austria-Hungary and Italy of 11 February
1906, final protocol; the Treaty of Commerce concluded between Austria
and Czechoslovakia on 4 May 1921, Article 22, and between Austria and
Poland on 25 .September 1922, Article 20; the Treaties of Commerce and
Navigation concluded between Finland and Poland on 10 November 1923,
Article 21, and between Finland and Czechoslovakia on 2 March 1927, Article 15 ; the Treaties of Commerce between Hungary and Czechoslovakia of
31 March 1927, Article 28 ; the Treaty of Commerce and Navigation concluded between Italy and Czechoslovakia on 23 March 1921, Article 35.
AUSTRIA.—The Agreement concluded on 8 January 1926 between
Austria and Germany is discussed tmder the heading “Germany”. For
information respecting the recruiting treaty concluded with France, see
“France”.
In virtue of a model contract of employment drawn up in 1927 by common
agreement between the Austrian and Czechoslovak authorities for the
recruiting of Czechoslovak seasonal workers for agricultural work in
Austria, the Austrian laws respecting sickness and accident insurance
apply to such workers. The employer is required to have the workers
engaged by him registered in the Austrian insurance scheme immediately
after their arrival. Workers who are employed in districts which fall
within the jurisdiction of the Labour Office of Bratislava or of Urzhorod
are, however, subject to the accident insurance laws of those districts and
employers are required to pay the relevant insurance contributions to the
Bratislava Insurance Office through the usual official channels.
BELGIUM.—The Labour Treaty concluded between France and Belgium
on 24 December 1924 and the Treaty signed by Belgium and Luxemburg
on 20 October 1926 embody general provisions respecting the application
of social insurance to immigrant workers (cf. %l,(b),oî the present chapter).
196
PB.OVISIONS RELATING TO FOREIGN WORKERS
CZECHOSLOVAKIA.—Cf. “Austria”, “Germany” and “France”.
DENMARK.—A Treaty was coneluded on 13 October 1927 with Iceland
concerning the compensation of industrial accidents and the application
of invalidity insurance. In virtue of this Treaty the nationals of one of the
contracting Parties who are victims of an industrial accident on the territory
of the other Party, and their dependants, are entitled to the same treatment
as nationals. Compensation is awarded and assessed in accordance with
the regulations in force in the country concerned, and beneficiaries must
conform to the insurance regulations of that country. The authorities of
the two eountries are required to lend eaeh other every assistance to obtain
the repayment of all sums expended for compensation. The agreement in
question does not cover legal provisions adopted or which jnay be adopted
in Denmark or Iceland respecting supplementary compensation payable
to seamen in the case of accidents resulting from a state of war.
As regards invalidity insurance, the Treaty authorises the transfer of insurance benefits from one State to another. The country of residence must
arrange for the necessary medical inspection, but may claim the cost of
medical visits made in this connection.
FRANCE.—An appendix to the recruiting agreement concluded between
France and Austria in 1926 contains a model contract of employment which
entitles Austrian workers employed in France to the privileges granted by
French legislation respecting industrial accidents and relief in cases of
sickness or death.
The Treaty signed with Belgium in 1924 embodies general provisions
respecting equality of treatment in respect to the application of social
insurance (cf. § 1, b).
As regards Italy, the question of social insurance has been dealt with by
several treaties. In 1904 an Agreement, which has already been mentioned
in connection with Labour Laws (cf. subsection a), covered the more usual
aspects of social welfare or insurance (savings banks, industrial accidents,
pensions, unemployment, etc.). This Treaty led to a series of special arrangements which are analysed in the corresponding sections of the present
chapter (as regards insurance, see 1906 Agreement respecting accident
insurance, subsection d). To complete the initial programme of workers’
protection a general Labour Treaty was coneluded on 30 September 1919,
which embodies numerous provisions respecting social insurance (recognition
of the principle of equality of treatment in respect to social insurance, application of the system of workers’ and peasants’ pensions, grant of unemployment subsidies). Reference may also be made to the summary of the Treaty
given in § 1, ("6y, of the present chapter.
The Franeo-Italian Agreement, signed in Paris on 16 February 1920 and
ratified three days later, states that “in virtue of the special legislation in
the territories of Alsace and Lorraine, which have been returned to France,
special arrangements shall be entered into between the two countries for
the application of the Treaty of 30 September 1919, especially with reference
to the institutions responsible for workmen’s compensation and sickness,
invalidity and old age insurance. Further, it is to be understood that the
benefits of the systems set up by the Germano-Italian Agreement of 31 July
1912-25 March 1913 shall be maintained for Italian workers and their dependants in respect of all claims arising between 11 November 1918 and the
conclusion of the said special arrangement”.
On 14 October 1920, France and Poland signed a Convention respecting
social welfare and relief, which includes a number of provisions referring
to social insurance. Provision was made for the conclusion of this Convention
in the Migration Treaty of 3 September 1919.
The provisions respecting social relief have already been examined in
Chapter VI, § 5, and those regarding conditions of labour and residence
in § 1, (b), of the present chapter.
SOCIAL INSURANCE IN GENERAL
197
As regards insurance, Article 1 regulates the question of workers’ pensions
in accordance with the principles recognised in the Franco-Italian Labour
Treaty of 30 September 1919.
The system of workers’ and peasants’ pensions (including special pensions
for miners) in operation in each of the two countries shall be applicable to
the nationals of the other country, without exclusion from or reduction of
the rights accorded to nationals of the country, subject to the reservations
made in the convention respecting the method of calculation and payment
of benefits and grants ^ from State funds, which are calculated in accordance
with the following rules :
The periods of contributions and the periods assimilated thereto which
are legally taken into account both in France and in Poland shall be added
together to determine the right to benefit. Each of the States shall determine for purposes of calculation the amount of the benefit to which the
insured person would be entitled according to its scale, under its own law
and subject to the conditions prescribed by that law, for the whole period
reckoned as laid down in the preceding paragraph. It shall then determine
the part of this benefit chargeable to itself, by reducing the total amount
in proportion to the period for which it is responsible. The benefit to the
insured person shall be the total of the shares chargeable on each State.
Notwithstanding, in cases where the total benefit thus calculated is less than
the benefit which would be due from one of the two countries under its own
laws on account of the periods of contribution or periods assimUated thereto
which have been completed in its territory, the part of the benefit chargeablfe to this country shall be increased by the difference between these
two amounts. The above rules shall apply to invalidity pensions.
Grants in case of death shall be payable to the legal dependants of deceased
insured persons, provided that the said descendants present their claim
within one year reckoned from the date of the notification of the death to the
consul of the country of origin of the person concerned. They shall be
borne by the two countries concurrently in accordance with the principles
laid down above respecting benefits. Special agreements shall define the
conditions for the application of the principles respecting benefits and
grants, the relations between French and Polish old age pension authorities,
the information which they shall be required to furnish reciprocally in order
to render possible the making up of accounts of insured persons of the other
nationality, and the measures to be adopted in order to facilitate the payment
by the insurance funds of one of the countries of pensions qualified for in the
funds of the other country.
Article 2 of the same Treaty states that equality of treatment has already
been established in respect of compensation for industrial accidents by
Article 3 of the Convention of 3 September 1919 respecting emigration and
immigration. The same Article confirms these advantages and declares
that a similar equality of treatment shall apply in the event of future legislation. The same principles of reciprocity shall be extended, under conditions to be determined by special arrangements, to all the laws dealing
with social insurance against various risks such as sickness, invalidity,
unemployment, which are at present in force or which may subsequently be
introduced. As regards unemployment, it is stipulated in Article 5 that
subsidies to funds for mutual assistance against unemployment and assistance from public unemployment funds and from public institutions for
relief work shall be granted in each of the contracting States to nationals
of the other State.
A Convention concluded on 27 May 1926 between France and the Saar
Territory Governing Commission concerns the social insurance of workers
belonging to the territory of one Party who are engaged by emjdoyers of their
* A benefit ia a payment made to the insured person himaeli; a grant, that allocated to
his heirs and assigns.
*
198
PROVISIONS RELATING TO FOREIGN WORKERS
own nationality in the territory of the other Party. This Convention
regulates the application of social insurance legislation respecting sickness,
industrial accident, invalidity, old age and death. The general principle
laid down for the application of the various branches of social insurance is
as follows :
, Saar workers and salaried employees occupied in France and French
workers and employees occupied in the Saar Territory receive the benefits
of the system laid down by the laws of the country in which they are employed without exclusion from or reduction of the rights or of those of the
legal dependants to the contribution of compensation granted for industrial accidents and in case of death which are granted on condition that they
or their dependants reside on the territory of one or other of the contracting
Parties.
Certain exceptions are, however, made in the application of this principle.
As regards industrial accidents, the law in force at the place at which the
undertaking has its business headquarters shall apply to compensation for
accidents occurring in connection with work the nature of which justifies
the presumption that such work is for a limited period and which is carried
out by workers sent from the seat of a French undertaking to the Saar Territory and vice versa. The same exception applies to persons sent to transport
undertakings who are employed at intervals, whether habitually or not, on
the other side of the frontier. When the work referred to is carried out by
a staff, part of which is engaged locally and part sent from the seat of the
undertaking, measures of supervision and measures for the prevention of
accidents shall, as regards the whole of this staff, be taken by the aufliorities who are competent in regard to workers engaged locally.
As regards sickness insurance, when work is of limited duration, workers
engaged locally shall be insured with the local funds, while staff from the
country in which the undertaking has its seat shall continue to be insured
with the appropriate fund, according to the law in force at the seat of the
undertaking. The provisions quoted in connection with accident insurance
apply to persons employed in transport undertakings.
As regards the three branches of insurance, workers from one country
occupied habitually in an undertaking of the same nationality on the territory
of the other Party have the right to choose between the system of social
insurance of the country in which they work and that of the country of origin.
The freedom of choice must be mentioned in the contract of service. The
person concerned must declare in writing within three months after his
engagement that he chooses the system of the country of origin, otherwise
the local legislation shall apply to him. When the worker opts for the system
of the country of origin, all claims made by him and all claims made on his
behalf are regulated in accordance with the legislation in force at the business
headquarters of the undertaking. The choice of the system of the country
of origin gives rise to certain difficulties of application which are settled by
the agreement; for example, in connection with insurance against old age,
invalidity and death, where the workers’ and employers’ contributions
collected at the place of work must be transferred to the social insurance
institutions of the other country. When the sums paid in as provided for
in the local system are less than those payable in the coimtry of origin of
the workers and employers concerned, the latter shall forward to the insurance institution to which they are contributors in the country of origin, the
additional employees’ and employers’ contributions required to complete
the said sum. If, on the other hand, they are larger, the whole amount
shall be transferred to the insurance institutions who take the supplementary
payments into account. The best practical method of transferring payments
and of paying arrears of pensions shall be laid down in a subsequent
agreement.
The Convention stipulates that the authorities of the two countries shall
assist each other with a view to facilitating the reciprocal execution of the
provisions of the Convention. Any modifications which may subsequently
SOCIAL INSURANCE IN GENERAL
199
be made in either country in regard to the amount of the benefits given
shall be extended as a right to the nationals of the other country. The
extension of the insurance system to new categories of persons and modifications in the conditions for participation in the benefits at present in
force shall be dealt with in special agreements between the two Governments.
GERMANY.—An Agreement signed on 8 January 1926 between Germany
and Austria respecting the application of the social insurance laws stipulates
that the rights acquired by the nationals of one of the two contracting
States shall be valid in the other State. The Agreement defines the procedure
to be followed in connection with the following branches of insurance;
workers’ and employees’ sickness insurance, workers’ and employees’
accident insurance, miners’ pension insurance in Germany and miners’
sickness funds in Austria and employees’ sickness insurance in both countries. It is definitely stated that the Agreement shall not apply either to
the crews and other persons regularly employed on board vessels navigating
on the Danube or to the crews of aeroplanes. A concluding protocol
declares that a special agreement shall be concluded for the mutual application of workers’ invalidity insurance as soon as the Austrian Invalidity
and Old Age Insurance Act comes into operation.
As a general rule the conditions in which the above-mentioned branches
of insurance are applied are determined by the legal provisions in force in
the place where the work is performed. There is, however, a number of
exceptions to this rule, viz. :
(a) Workers and employees sent to one of the contracting States to carry
out work of at least one year’s duration which is undertaken by an establishment having its business headquarters in the territory of the other State
are insured under the legislation of the country in which the establishment
in question is situated;
(b) Public servants employed permanently on the territory of the other
State or at frontier stations are insured under the legislation of the country
in whose services they are employed;
(c) Railway servants are insured under the legislation of the country
in which their companies’ offices are situated ;
The Agreement carefully fixes the details of the procedure to be followed
for the application of each of the various forms of insurance. It is stated,
for example, that the rights of the beneficiary may not be suspended on
account of residence in the territory of the other State; the competent
authorities must agree as to the methods to be employed for the payment of
the social insurance benefits granted by one State in the territory of the other.
Another clause declares that the Austrian pensions insurance institutions
shall not be entitled to use their rights to commute the payment of insurance
benefits for persons established on the territory of a third State except with
the consent of such persons.
A Convention signed by Germany and France on 27 July 1922 regulates
the manner in which social welfare measures are to be applied to the crews
of Rhine vessels ceded by Germany to France. According to the provisions
of this Convention France allows German nationals to serve on board such
vessels and guarantees them contracts of employment in conformity with
the provisions of German legislation and the social insurance benefits
provided for by such legislation (employees’ and workers’ insurance against
sickness, accidents, invalidity and old age). German nationals employed
on such vessels may reside either in France or in Germany.
Germany and Italy concluded a Convention respecting workers’ insurance
on 31 July 1912. This Convention is drawn up in virtue of Article 2a
of the supplementary Treaty of 3 December 1904 which in turn resulted
from the Treaties of Commerce, Customs and Navigation concluded on
6 December 1891 between Germany and Italy. The said supplementary
Treaty definitely stipulated that a Convention on workers’ insurance should
be subsequently concluded. The respective schemes adopted in Germany
200
PROVISIONS RELATING TO FOREIGN WORKERS
and Italy in connection with the insurance of industrial and maritime
accidents are considered to be equivalent and equality of treatment as
between the nationals of both countries and their survivors is guaranteed
in respect of such insurance. Notwithstanding this agreement in no way
prevents the commutation of pension rights as authorised by German law;
commutation payments are assessed in accordance with the general rules
laid down by the German Federal Council on 21 December 1912.
The Convention states that any Italian registered with the Cassa Nazionala
di Previdenza per la invalidita e per la Vecchiaia degli operai or the Cassa
Invalidi della Marina Mercantile may demand the transfer to the Cassa
Nazionala di Previdenza of all the compulsory contributions which he has
paid while working in Germany to the German social insurance institutions ;
that is to say, one half of the amount paid on his behalf to such institutions.
As a result of such transfer, however, the person concerned and his legal
dependants lose their right to claim the benefits granted under the German
invalidity and survivors’ insurance scheme. In such cases the German
institutions are also entitled to retain the amount of the contributions paid
by the employers on behalf of the person transferring his account without
having to pay benefit in cases of invalidity or death. A number of concessions were also granted by Italy. For example, German workers
employed in Italy may become members of the Cassa Nazionale which had
hitherto been open only to Italians; again, Germans who form part of the
crew of an Italian vessel are entitled to the benefits granted by the Cassa
Invalidi della Marina Mercantile which formerly were reserved almost
exclusively for Italians.
Under the Germano-Italian Convention nationals of both countries are
also guaranteed the assistance and legal aid of the authorities, reciprocal
exemptions from stamp duties and other fiscal dues and the help of the
consular authorities in all matters connected with the registration of documents, enquiries and payments. Finally, the contracting Parties reservé
the right to conclude further agreements with a view to granting the nationals
of both countries equality of treatment in respect of invalidity, old age and
survivors’ insurance and in respect to accident insurance in agriculture
when such insurance is introduced in Italy on an equivalent basis to that
of the corresponding insurance scheme in Germany.
The Treaty of Commerce concluded between Germany and Lithuania on
1 June 1923, which contains a number of provisions respecting the recruiting
of Lithuanian workers for work in German agriculture, also embodies
clauses governing the application of social insurance to such workers
(cf. § 1, (b)).
Similar provisions are made by the Migration Agreement signed by
Germany and Poland on 24 November 1927 (cf. § 1 of the present chapter).
The regulations for the settlement of social insurance questions embodied
in this Treaty, which applies solely to seasonal agricultural workers, are
however merely provisional. A final protocol stipulates that decisions
taken in connection with seasonal workers shall in no way commit either
of the two Parties during future negotiations for the conclusion of a special
agreement concerning reciprocity of treatment in social insurance matters.
Two Agreements concluded between Germany and Czechoslovakia on
15 December 1924 regulate the conditions of employment and service and
the social insurance of the crews of Czechoslovak vessels plying on the Elbe
and the Oder. Persons who are resident in Germany and are employed on
such vessels are subject to German legislation and to German social insurance
even during the period when the vessels are plying in Czechoslovakia.
Persons who are resident in Czechoslovakia are subject to Czechoslovak
labour legislation and Czechoslovak social insurance. Nevertheless, until
the Czechoslovak Republic has introduced a system of invalidity and old
age insurance for workers, the persons specified above who are resident in
Czechoslovakia shall be entitled to continue to insure themselves voluntarily under German legislation.
SOCIAL INSURANCE IN GENERAL
201
ITALY.—Reference has already been made to the various treaties eoncluded by Italy with Germany and France respecting questions of soeial
insurance (cf. “Germany” and “France”).
The Italo-Luæemburg Labour Treaty signed on 11 November 1920 regulates
questions of accident insurance, invalidity and old age insurance and
unemployment relief (cf. § 1, ft) and stipulates in Articles 9-11 that equality
of treatment as between the citizens of the two countries shall be extended,
in accordance with conditions which will be established by special agreements, to all the laws of social insurance against the various risks which will
eventually be admitted.
In the final protocol of the Convention and the Residence and Con.sular
Convention signed on 21 August 1924, Italy and the Kingdom of the Serbs,
Croats and Slovenes reserved the right to regulate by a special agreement
the question of the protection of the workers. As a result of this provision
an agreement concerning reciprocity in social insurance matters was included
in the complex system of agreements signed at Nettuno on 20 July 1925.
According to its preamble this agreement was concluded “in conformity
with resolutions adopted by the International Conference on Emigration
and Immigration” (Rome, 1924).
Each of the contracting States undertakes to apply equality of treatment
to the nationals of the other State in respect to the rights and duties resulting
from the social insurance laws in connection with sickness and maternity,
accidents (with the exception of accidents to those agricultural workers
who are not assimilated to industrial workers), invalidity, old age and death.
Equality of treatment shall be applied in accordance with the provisions
laid down in the agreement (Article 1).
In each State amendments introduced in the insuranee laws shall have
full force of law for the nationals of the other State ; special arrangements
shall extend equality of treatment to other branches of social insurance, for
which the laws of both States subsequently reach the same level of development. Equality of treatment shall also apply to voluntary insurance
(Article 2).
As regards sickness insurance (Articles 3-5), the agreement stipulates, in
connection with the payment of benefits, that insurance with insurance
carriers of one of the States shall be considered as a continuance of insurance with the institution of the other State, provided that the period
between the termination of the first insurance and the beginning of the
second does not exceed three months. Workers in the frontier zone may
belong to the insurance institution of one of the two States, while retaining
their domicile in the territory of the other. Doctors, midwives and
officials of the insurance carriers of one State shall therefore be entitled
to perform their duties on the territory of the other. A national of one
of the contracting States who falls sick shall be entitled to return to his
native country, and receive there the treatment and other benefits to
which he has a right, under the supervision of the insurance institutions
of the said country, which, in such cases, shall act on behalf of the insurance
carrier.
The same provisions apply to accident insurance (Articles 6-8) when the
victim of an accident is not domiciled in the country of the insurance carrier.
The initial medical formalities must however be carried out by the insurance
carrier, even when the person is resident in the territory of the other State.
Subsequent medical formalities may be fulfilled by the insurance institution
of the other State. When the accident gives rise to legal or administrative
enquiries, the appropriate consular authority of the State to which the
victim belongs must be informed. In cases of death or total disablement,
or disablement for a period of at least ten weeks, the said consular authority
shall be entitled to examine and demand a copy of the relevant document
in the same manner as the legal dependants of the victim.
In connection with Insurance against invalidity, old age and death
(Articles 9-25), the agreement authorises cumulative pensions for persons who
202
PROVISIONS RELATING TO FOREIGN WORKERS
have been insured for at least 15 years with the insurance institutions of each
of the States ; persons who have been insured for at least 30 years with the
institutions of one of the States shall be entitled to a pension assessed by
the appropriate legislation, and, in addition, to a fraction of the pension in
proportion to the time during which they were insured by the institutions
of the other State. In calculating the pensions for persons who have been
insured for a shorter period, the total duration of the periods of insurance
is taken into account, the parts of the pension corresponding to such periods
being chargeable to the institutions concerned in each of the countries.
The agreement establishes the methods for calculating pensions acquired
in the currency of the country in which the debtor institution is situated,
but the institutions of the two States must arrange for the payment of the
various fractions to be made solely by the institutions of the State in which
the person concerned is domiciled. The provisions respecting medical
formalities in connection with accident insurance also apply to invalidity
and old age insurance. The agreement also settles several difficulties
connected with divergences in the invalidity and old age insurance systems
of the two countries. It excludes, for example, from the principle of equality
of treatment, the supplementary invalidity and old age pensions payable
by the State until such time as the Serb-Croat-Slovene Kingdom has adopted
this system of supplementary payments for its nationals, and an agreement
has been concluded on the subject.
The agreement empowers the institutions in both countries to enter into
direct correspondence and to take the necessary measures to facilitate the
administration of all branches of insurance, and more especially the payment
of subsidies, allowances and pensions, measures of supervision, assistance
of the victims of accidents and the disabled, and their reception in sanatoria,
hospitals, establishments for vocational re-education, etc., and for the
application of therapeutic treatment and the supply of orthopaedic apparatus (Articles 26-27).
The agreement admits the rights of nationals of each of the States insured
with the institutions of the other State, who return to their native country,
to request the transfer of a capital sum covering their insurance to the
institutions of their country. The transfer of funds from one institution to
another may be similarly requested by the nationals of one of the States
who have been domiciled for at least three consecutive years on the territory
of the other contracting State (Articles 32-33). It is explicitly laid down
that the insurance institution shall not be entitled to pay to the insured
nationals of the other State a lump sum in lieu of pensions, allowances, etc.,
even when the insured person agrees to accept such sum, or to suspend
the payment of the said benefits, on the ground that the insured persons
or their legal dependants reside in, or transfer their residence to, the
territory of the other State (Article 34).
The agreement also exempts certain classes of persons from compulsory
insurance (Article 35). It prohibits the nationals of one of the States to
take part in the management of the insurance organisations of the other
State (Article 36). It further specifies that the exemptions and facilities
granted in connection with the payment of taxes established in each of the
States shall be extended to the insured persons and insurance institutions
of the other State (Article 37). Administrative agreements shall be made
between the competent Ministries to facilitate the practical execution of
the provisions laid down in the agreement. The denunciation of the agreement shall not affect rights acquired during the validity of the agreement
(Article 40). Lastly, provision is made for the appointment of an arbitration board to settle differences of interpretation of the text of the agreement (Article 41).
LUXEMBURG.—The Labour Treaties concluded with Belgium (20 October 1926) and with Italy (11 November 1920) embody provisions respecting
social insurance (cf. § 1, (b), of the present chapter).
ACCIDENT INSURANCE
203
THE NETHERLANDS.—The Treaty of Commerce concluded mth
Poland on 13 May 1924 requires (Article 9) the contracting Parties to treat
workers belonging to the other State on a footing of complete equality
with national workers in respect to social insurance i.
POLAND.—In § 1,
and (f),of the present chapter will be found the provisions respecting social insurance embodied in Articles 11-22 of the Germano-Polish Agreement of 24 November 1927 respecting seasonal agricultural immigration, and in the Immigration Agreement of 19 February 1927
between Brazil (State of Sao Paulo) and Poland (Article 8). Cf. also present
section : ‘'Germany” and “Netherlands”.
SAAR TERRITORY.—Cf. “France”.
SERB-CROAT-SLOVENE KINGDOM.—Cf. “Italy”.
('dj Accident Insurance
The legal methods adopted for the eompensation of industrial
accidents differ widely from country to country, and these differences lead to diplomatic intervention. In some countries the
legislation deals solely with the employer’s responsibility in
cases of accidents and the compensation which has subsequently
to be paid. In others, the laws set up systems of guarantees to
cover the payment of compensation due to workers affected by
accidents, either by the organisation of public insurance funds
or by making it compulsory for the workers to insure with institutions which are under State supervision.
Conventions and Treaties have thus to ensure the application
of the various systems to the nationals of the contracting Parties.
Treaties concluded with countries having legislation of the
first-mentioned type aim mainly at helping the foreign worker to
obtain recognition of his rights vis-à-vis his employer. Of such
a character are the treaties concluded with the United States of
America. Treaties concluded between countries which have
adopted compulsory insurance are intended in some cases to
confer the full benefits of this legislation on the nationals of both
of the contracting Parties, and in other cases to mark the common
desire of the Parties to leave the foreign worker subject to the
law of his native country and insured with the institutions of
that country. This latter arrangement is adopted especially in
connection with seasonal migration and in eases where workers
1 A final protocol to the Agreement stipulated that the provisions of Article 9 are not
to apply either to citizens or the territory of the Free City of Danzig.
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PHOVISIONS HELATING TO FOREIGN WORKERS
are sent by an undertaking established on the territory of one
of the Parties, to work temporarily in the territory of the other
Party.
As regards the foreign worker’s right to benefit by the legislation of the country in which he resides, it should be observed
that it is frequently left to treaties to rectify lacunae in the law.
Although national legislation respecting the compensation of
industrial accidents never totally excludes foreigners, there are
many cases where it only provides the foreigner with reduced
compensation even when residence in the country is continued
after the accident. In other cases the payment of compensation
is suspended if the victim happens to be domiciled abroad
(frontier zone workers), or if he subsequently leaves the country,
while in still other instances the law requires foreign workers to
commute their pension for a single capital payment inferior
to the capitalised value of the pension commuted. Similar
suspensions and reductions also affect the legal dependants of
foreign workers.
Treaties aim at remedying such defects in national legislation
by putting the foreign worker who suffers personal injury from
an industrial accident, and his dependants, on an equal footing
with national workers, and by providing for such measures as
may be required by the special situation of the foreigner. These
measures apply mainly to the methods of paying compensation
in another country and to the facilities to be granted to the victim
of an accident and his dependants residing outside the country
to protect their interests in cases of dispute.
*
*
*
Before reviewing the numerous bilateral agreements already
concluded in connection with accident compensation, it is well to
recall that the International Labour Conference has adopted
several Draft Conventions and Recommendations concerning
this subject. Some of these refer to the victims of industrial
accidents, foreign workers being generally included although
not specifically mentioned. In 1921 the Conference adopted a
Draft Convention concerning workmen’s compensation in agriculture; the Session of 1925 adopted a Draft Convention concern-
ACCIDENT INSURANCE
205
ing the right of victims of industrial accidents in general (foreign
workers included) to compensation, two Recommendations
concerning the minimum scale of compensation and the courts
competent to deal with disputes arising in connection with such
compensation, and a Draft Convention and Recommendation
(both applicable to foreign workers) concerning the compensation
of occupational diseases in accordance with the principles laid
down for accident compensation.
The same Session of the Conference also adopted a Draft
Convention and a Recommendation concerning equality of
treatment for national and foreign workers as regards workmen’s
compensation for accidents. The following are the main passages
of this Convention which refer more particularly to foreign
workers :
Each Member of the International Labour Organisation which ratifies
this Convention undertakes to grant to the nationals of any other Member
whieh shall have ratified the Convention, who suffer personal injury due to
industrial aecidents happening in its territory, or to their dependants, the
same treatment in respect of workmen’s compensation as it grants to its
own nationals. This equality of treatment shall be guaranteed to foreign
workers and their dependants without any condition as to residence. With
regard to the payments which a Member or its nationals would have to
make outside that Member’s territory in the application of this principle,
the measures to be adopted shall be regulated,if necessary,by special arrangements between the Members concerned (Article 1). Special agreements
may be made between the Members concerned to provide that compensation
for industrial accidents happening to workers whilst temporarily or intermittently employed in the territory of one Member on behalf of an undertaking situated in the territory of another Member shall be governed by
the laws and regulations of the latter Member (Article 2). The Members
which ratify this Convention and which do not already possess a system,
whether by insurance or otherwise, of workmen’s compensation for industrial
accidents, agree to institute such a system within a period of three years
from the date of their ratification (Article 3). The Members which ratify
this Convention further undertake to afford each other mutual assistance
with a view to facilitating the application of the Convention and execution
of their special laws and regulations on workmen’s compensation and to
inform the International Labour Office, which shall inform the other
Members concerned, of any modifications in the laws and regulations in force
on workmen’s compensation (Article 4).
A Recommendation to the Governments voted at the same
time refers to certain measures of application of the Convention ;
In order to facilitate the application of the Convention concerning equality
of treatment for national and foreign workers as regards workmen’s compensation for accidents the Conference recommends that '• (u) when a person to
whom compensation is due under the laws and regulations of one Member
resides in the territory of another Member, the necessary measures be
206
PROVISIONS RELATING TO FOREIGN WORKERS
taken to facilitate the payment of such compensation and to ensure the
observance of the conditions governing such pajrment laid down by the said
laws and regulations; (h) \n case of a dispute concerning the non-payment,
cessation of payment, or reduction of the compensation due to a person
residing elsewhere than in the territory of the Member where his claim to
compensation originated, facilities be afforded for taking proceedings in
the competent courts of law in such territory without requiring the attendance of the person concerned; (c) any advantage in respect of exemption
from duties and taxes, from issue of official documents or other privileges
granted by the law of any Member for purposes connected with workmen’s
compensation, be extended under the same conditions to the nationals of
the other Members which shall have ratified the above-mentioned Convention. In addition the Conference recommends that, where in any country
there exists no system, whether by insurance or otherwise, of workmen’s
compensation for industrial accidents, the Government shall, pending the
institution of such a system, afford facilities to alien workers enabling
them to benefit by the laws and regulations on workmen’s compensation in
their own eountries.
It should be pointed out that the national laws may embody
provisions whieh take the place of international agreements and
render such agreements unnecessary. Thus it is laid down in
a certain number of laws that the restrictions concerning the
application of the social insurance provisions to foreign workers
may be suspended by order of the competent authorities in
respect to nationals of countries which grant the same privileges
to workers of the country concerned who are employed in their
respective territories.
In Sweden, for example, several Orders issued in connection with the
Accident Insurance Act of 17 June 1916 (No. 235) suspended the restrictions
concerning foreign workers belonging to the following countries :
Great Britain, Ireland and Italy, by an Order issued on 4 November 1921 ;
the Netherlands, by an Order issued on 27 September 1922; South Africa,
by an Order issued on 17 December 1926; Serb-Croat-Slovene Kingdom,
by an Order of 6 May 1927 ; British India, by an Order of 27 January 1928;
Poland, by an Order of 9 March 1928 ; Latvia, by an Order of 14 June 1928.
Austria, Belgium, Germany, etc., have often adopted the same procedure.
ARGENTINA.—On 22 March 1926 the Argentine Republic concluded
with Austria a Treaty concerning reciprocity of treatment in respect of
compensation for industrial accidents. According to this Treaty the
contracting Parties agree to grant to the nationals of the other country
the same treatment in respect of workmen’s compensation as is granted to
their own nationals, even in the case where the victim or his legal dependants
reside in the territory of the other contracting State. The right to compensation is granted in accordance with the legislation of the country in the
territory of which the accident took place.
In cases of fatal industrial accidents the authorities of the coimtry of
residence must notify the consul of the other country in order that the legal
dependants of the victim may be informed of the death by the consul.
The Convention signed between the Argentine Republic and Belgium on
24 December 1924 also aims at securing for the nationals of each of the
contracting Parties the enjoyment of compensation and guarantees granted
ACCIDENT INSURANCE
207
by the other eontraeting Party to its nationals under the legislation in force
respecting compensation for industrial accidents.
The above-mentioned agreement for reciprocity of treatment applies
even if the victim of the accident or his survivors leave the territory of
Belgium or of the Argentine Republic, as the case may be, subsequently to
the accident; it also applies even if the survivors live in a country other
than that in which the accident occurred. The Belgian and Argentine
authorities shall give one another mutual assistance with a view to facilitating
in both countries the administration of industrial accident legislation.
According to the Convention concluded between the Argentine Republic
and Spain on 27 November 1919, which was the first Convention concluded
by the Argentine RepubUe in respect of accidents, the nationals of either
of the contracting States who meet with industrial accidents in the territory
of the other State, and their dependants, shall be entitled to the compensation and other guarantees granted by the law of the land to its own
nationals. Notwithstanding any provisions of the law of the land, the
right to the compensation referred to above shall continue to exist even
if the insured worker so employed or his dependants leave the territory
of the State where the accident took place and reside in another country.
If a Spanish worker in the Argentine Republic or an Argentine worker in
Spain dies in consequence of an industrial accident, the dependants of the
victim shall be entitled to receive the appropriate legal compensation,
irrespective of the country in which they are resident. It is further stipulated that the National Superannuation Fund ( Caja Nacional de Jubilaciones y Pensiones) or the office which discharges its functions in respect
of the payment of compensation for industrial accidents in the Argentine
Republic, and the corresponding office in Spain, shall give notice to the
consuls of the High Contracting Parties in each case, in order that the
news of the death may be communicated to the dependants for legal
purposes.
Shortly after the signature of this Convention a similar agreement was
entered into between the Argentine Republic and Italy. The terms of the
Italo-Argentine Convention, which was signed on 26 March 1920, are
identical with those of the Hispano-Argentine Agreement.
The Conventions concluded with Denmark and Iceland on 16 November
1927, with the Serb-Croat-Slovene Kingdom on 8 October 1928 and with
Sweden on 14 May 1928 are of the same type as the Convention entered
into with Relgium in 1924, an analysis of which has already been given.
AUSTRIA.—The Convention concluded between Austria and the
Argentine Republic, signed on 22 March 1926, is analysed under “Argentina”.
The Agreement concerning the recruiting of agricultural workers concluded
on 24 June 1925 with Czechoslovakia and the subsequent administrative
agreement of 1927 also regulate the compensation of accidents. An analysis
of these agreements is to be found in the present chapter (§ (b))).
BELGIUM.—From 1905 onward Belgium concluded a series of agreements based on the Franco-Italian Treaty of 1904 (cf. “France”). The
first of these was the Agreement of 15 April 1905 with the Grand Duchy of
Luxemburg which states that Belgian workers who are victims of industrial
accidents in the Grand Duchy of Luxemburg and their dependants shall
be accorded the same compensation and guarantees as nationals of Luxemburg, and vice versa. This rule shall not apply to workers employed
temporarily, that is to say, for a period of less than six months, and who
remain attached to an undertaking situated in the territory of the other
State ; in such instances the legislation of the latter State is applicable. The
provisions of section 48, No. 2, and section 49, paragraph 4, of the Luxemburg Act of 5 April 1902 are suspended in respect of dependants of Belgian
nationality. A Supplementary Convention concluded at Brussels on 22 May
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PROVISIONS RELATING TO FOREIGN WORKERS
1906 adds that the provisions of the Agreement shall not apply to persons
engaged in transport undertakings and occupied intermittently, but habitually, in countries other than that in which the head offices of the undertaking are situated.
The Agreement signed by Belgium, and France on 21 February 1906 is
a standard treaty. It is reproduced textually in the Agreement concluded
between France and Luxemburg on 27 June 1906 (see below). Article 1
lays down the principle of complete equality of treatment of the nationals
of both contracting States. Consequently foreign workers meeting with
industrial accidents have full and entire right to the compensation and
guarantees granted by the laws of the other State. This equality of treatment, which extends to all the benefits ensured under accident legislation
includes free legal help and total exemption from all fiscal duties mentioned
in such laws
To prevent any overlapping of the laws of the respective
countries. Article 1 lays down the principle of the application of the laws
applying to the place where an accident occurs to which, however.
Article 2 provides two exceptions respecting workers who are employed
temporarily outside their own country and the travelling staff of
transport undertakings. Article 3 guarantees reciprocal exemption from
fiscal duties and Article 4 requires the respective authorities to lend each
other every assistance to facilitate the administration of the laws of their
respective countries.
As a result of the development of the respective national laws, Belgium
and France signed, on 21 May 1927, an additional Convention with a view
to extending to agriculture the right of equality of treatment in respect
of compensation for accidents. In accordance with Article 2, Belgian
subjects or their dependants who are victims in France of accidents coming
under the scope of the Act of 15 December 1922 which extends accident
legislation to agricultural undertakings shall be granted the compensation
and guarantees accorded to French citizens by the said law, and the measures
of exelusion provided for in Article 10 of that law shall not be applied to
them. Reciprocally, French citizens who are victims of an industrial
accident in Belgium shall continue to be entitled to the compensation and
guarantees granted to Belgians by the legislation respecting compensation
for accidents.
The necessary measures for the application of the Convention shall be
determined by administrative arrangements. It is furthermore stipulated
that the additional Convention shall have the same validity and duration
as the Convention of 1906; Articles 2, 3 and 4 of the Convention of 1906
(see above) shall also be applicable to it.
The Belga-German Convention respecting accident insurance concluded
at Berlin on 6 July 1912 is analysed under “Germany”.
According to the Convention respecting insurance against industrial
accidents concluded at The Hague between Belgium and the Netherlands
on 9 February 1921, undertakings which, in virtue of the laws of the two
contracting Parties, are subject to legislation respecting compulsory compensation for injuries consequent upon industrial accidents, and which have
their head office in the territory of one Party and at the same time carry
on work in the territory of the other, are, in respect of operations carried
out in one of the countries, subject to the laws of that country. This principle shall not apply, however, when the operations in question are carried
out by persons domiciled in the territory of the country in which the undertaking has its head office, in which case the legislation of that country
shall apply. In this respect the Convention departs considerably from the
principles laid down by previous international Conventions. Usually, the
latter attach greater importance to the movement of the worker than to
his place of domicile. Moreover, no account is taken of the duration of
1 Cf. E. Mahaim : Le droit international ouvrier. Paris, 1913.
ACCIDENT INSURANCE
209
the work executed by the worker sent abroad, with the result that the
exception made to the principle of territoriality is much wider in every
respeet than in previous Conventions. The primary reason for this is that
the Netherlands legislation grants the benefit of Dutch law to all persons
domiciled in the Netherlands who work for a Dutch employer (Article 9).
Now, while the Netherlands Government was unable, by renouncing this
principle, to submit its nationals to Belgian legislation which in certain
respects is less beneficial than its own, there was no reason for Belgium,
whose laws and customs made no provision for workers sent abroad, to
refuse its sanction to this plan which guarantees legal compensation for its
nationals in all circumstances
Article 3 regulates the case of transport undertakings. As regards the
mobile staff of such undertakings, who travel from one country to another,
the legislation of the country in which the headquarters of the undertaking
are situated shall invariably apply. It is therefore by such legislation
that compensation payable on account of accidents to members of the
travelling staff will be assessed in every instance.
Any accident to which the compensation law of one of the States applies
shall not entitle the victim to compensation other than is provided for by
the legislation of that State.
In order to facilitate the execution of the laws relating to industrial
accidents by both Parties, the competent administrative and judicial authorities shall offer each other mutual assistance and give judicial help in
accordance with the provisions of the Conventions in force between the two
countries respecting civil and commercial questions. In virtue of this
provision it becomes necessary to apply the procedure laid down by the
Hague Convention of 17 July 1905. In urgent eases the authorities
shall proceed on their official initiative to take the necessary steps for
investigation in the same way as for the execution of the national
laws.
The Convention establishes reciprocity in respect of fiscal exemptions in
the same manner as previous Conventions of the same kind. The provisions
governing the proceedings which may be taken in connection with accidents,
the mutual measures of assistance of the authorities and the fiscal exemptions
shall likewise apply to any undertaking which carries on its activities and
is subject to insurance only in one of the two countries, irrespective of the
place where it has its head office. When it is necessary, in the course of
applying the industrial accident legislation of one country, to fix the value
of wages fixed in the currency of the other country, conversion shall be
effected on the basis of average values determined by each of the two
Governments for the purpose of applying its legislation which it shall communicate to the other Government.
As a result of the Convention relating to industrial accidents, concluded
at The Hague on 9 February 1921, with the Netherlands, and for its application, the Governments of the two countries laid down, by an Exchange
of Notes on 23 October 1926, the regulations for legal assistance provided
for in Article 6 of the Convention. It was thereby agreed that all requests
for such assistance should in future be forwarded direct by the competent
authority in each of the two countries to the judicial authority in the other
country, in accordance with Article 9, paragraph 4, of The Hague Convention
of 17 July 1905 regarding civil procedure. This procedure came into
operation on 15 November 1926.
The Convention respecting the compensation of industrial accidents
entered into between Belgium and the Argentine Republic on 24 December
1924 is reviewed under “Argentina”.
* Explanatory Memorandum to the Bill for the approval of the Convention of 9 Feh.
1921, Revue de Travail, Brussels, May 1921.
11
210
PROVISIONS RELATING TO FOREIGN WORKERS
BRAZIL.—Cf. Article 1 of the Emigration and Labour Treaty concluded
between Brazil and Italy on 8 October 1921 (§1, f/J, of present chapter).
CZECHOSLOVAKIA.—Cf. subsection (c) (Social Insurance in General),
“Austria”, and subsecfion (d) of the present chapter, “Italy”.
As regards the position of Czechoslovak workers in France, Article S of
the Emigration and Immigration Convention of 20 March 1920 stipulates
that : “As regards industrial accidents, the restrictions provided for in
respect of Czechoslovak workers who are victims of accidents, and of their
survivors or representatives who (at the time of the accident) were not
resident or who have ceased to reside in French territory shall be entirely
repealed, in conformity with the last paragraph of the French Act of 9 April
1898, respecting industrial accidents, under the conditions laid down in
the said paragraph, in consideration of the reciprocity guaranteed to French
workers by Czechoslovak legislation recognised as equivalent. The necessary provisions for the payment of pensions and allowances in France and
Czechoslovakia shall be laid down by an agreement concluded in the form
of an arrangement between the competent French and Czechoslovak
administrative departments”.
DENMARK.—The Convention between Denmark and the Argentine
Bepublic of 16 December 1927 is analysed under “Argentina”, and the
Agreement with Finland of 30 November 1923 under “Finland”. An
Agreement with Iceland respecting accident and invalidity insurance is
reviewed in subsection (c) of the present section under “Denmark”.
A Convention concluded between Denmark and Great Britain on 18 November 1925 grants to subjects and citizens of the contracting Parties the
enjoyment of the benefits of the compensation and guarantees secured by
the legislation in force in Great Britain and Northern Ireland on the one
hand and Denmark on the other in regard to compensation for industrial
accidents. It is, however, laid down by the said Convention that prior to
its ratification the legislation in force in Great Britain and Northern Ireland
should be amended in respect to the assessment of compensation, the
procedure for the submission of requests by the dependants domiciled in
the territory of the other State, the exemption from court fees in respect
of proceedings connected with the compensation of accidents, and the
reciprocal annual notification of all legal decisions given during the course
of the year in respect of accidents happening to a national of the other
Party. Subsequently section 26 of the British Workmen’s Compensation
Act, 1925, empowered the Government to introduce the amendments
required to facilitate the enforcement of international agreements.
On 12 February 1919 an Agreement between Denmark, Norway and
Sweden was concluded respecting reciprocity in the matter of accident
insurance.
In pursuance of the Agreement the provisions of section 34, paragraph 1,
of the Danish Act of 6 July 1906 respecting accident insurance shall not
apply to the survivors of Norwegian and Swedish nationals.
As regards Norway, the provisions of section 5 of the Act of 13 August 1915
respecting the accident insurance of industrial workers shall not apply to
the survivors of Danish and Swedish nationals ; the provisions of the first
part of section 8 of the Act of 18 August 1911, as amended by the Act of
30 July 1915, shall not apply to Danish and Swedish subjects or to their
survivors; the provisions of section 25 of the said Act of 13 August 1915
and those contained in the first part of section 26 of the said Act of 18 August
1911 shall not apply to Danish or Swedish nationals or to their survivors
who reside or subsequently take up residence in Sweden or Denmark. To
the same extent as is provided for Norwegian subjeets in the Act of 13 August
1915, section 25, and in the Act of 18 August 1911, Part II, section 26,
Danish or Swedish subjeets or their survivors who have resided outside
Denmark, Norway or Sweden and who return to live in one of these three
ACCIDENT INSURANCE
211
countries shall he entitled to the compensation granted by law. The
medical examination provided for in the last paragraph of section 4 of the
Act of 18 August 1911 may also be held in Denmark or Sweden and the
certificate of a Danish or Swedish medical practitioner shall in such case
be equivalent to a certificate granted by the Norwegian practitioner.
As regards Sweden, the provisions of section 27 of the Act of 17 June 1916
respecting the accident insurance of industrial workers shall not apply
to Danish subjects who are not resident in Sweden, or to Norwegian subjects
resident in Denmark or in Norway. As a result of this provision Danish
subjects regardless of their place of residence and Norwegian subjects for
so long as they reside in Denmark or Norway shall have a right to compensation in accordance with the provisions of sections 6, 7 and 27 of the said
Act. The provisions of the second paragraph of section 27 of the same
Act shall not apply to Danish or Norwegian nationals.
The competent authorities of the contracting States shall assist each
other by carrying out on their own territory the necessary enquiries and
by effecting the payment of compensation due in connection with accidents
happening on the territory of one of the contracting Parties on the understanding that the expenses so incurred will be refunded by the State concerned.
By a Convention concluded on 23 October 1926 with the Netherlands,
the Danish Government undertook to exempt Dutch nationals from restrictions laid down by section 37 of the Danish Accident Insurance Act of
28 June 1920 in connection with the application of the provisions of that
Act to the survivors of foreigners affeeted by an industrial accident.
Thus, Dutch nationals shall in every respect have the same rights as are
granted to Danish nationals under the said Act. Similarly, the Netherlands
Government declares that Danish nationals shall enjoy the same rights in
all respects as are granted to Dutch nationals under the Dutch Accidents
Aet, 1921, the Agricultural and Horticultural Accidents Act, 1922, and the
Seamen’s Accident Act, 1919.
All rights and duties respecting insurance are subject to the law of the
coimtry whose accident legislation is applicable to the case. In connection
with the payment of compensation by one country in the other, the conversion of the currency of the other country shaU be made on the basis
of a rate fixed by each Government. The Danish Workers’ Insurance Council
(Arbejderforsikringsraad) and the following institutions, viz. the State
Insurance Bank, the Labour Councils, trade associations and organisations
and persons specified by the Ministry in the Netherlands which is responsible
for the administration of the Seamen’s Accident Act, 1919, shall assist one
another in matters relating to this treaty, subject to repayment of any
expenses incurred, and if requested they shall also assist any other insurance
institutions which undertake to insure employers’ risks of industrial accidents
in pursuance of any of the above-mentioned Acts by the making of enquiries
and the payment of compensation.
If any person whose principal undertaking is situated in one of the two
contracting States employs workers on work in the other country, and if
the work is of such a nature that the accident insurance legislation of both
countries is applicable to it, the legislation of the country in which the
work is performed shall apply except where the work is of short duration
(a maximum of six months) or of a supervisory character. The competent
authorities in the country in which the work is performed shall decide
which work shall be so classified.
In the case of transport undertakings (land, sea or air) which carry out
operations as a rule in both countries, the legislation of the country in
which the undertaking has its headquarters shall apply. Nevertheless,
workers who are employed by such undertakings in the other country
and are permanently domiciled there shall be subject to the legislation of
that country. If workers are engaged from one country for the loading
or unloading of vessels or repairing work on board a ship or aircraft which
212
PROVISIONS RELATING TO FOREIGN WORKERS
has its home port in the other eountry, during the stay of the vessel or
aircraft in the first mentioned country the said workers shall be subject
to the legislation of that country.
It is stipulated that the Treaty shall not apply to legislation which has
been or may be promulgated in Denmark or the Netherlands respecting
compensation to seamen for accidents consequent upon a state of war.
ESTONIA.—Cf. “Finland”, Treaty of 10 December 1925. In addition’
the Preliminary Economic and Customs Treaty concluded on 1 November
1923 by Estonia and Latvia makes special reference (Article 12) to equality
of treatment for victims of industrial accidents as follows : “Nationals of
each of the two contracting Parties who meet with an industrial accident
in industrial establishments in the territory of the other Party, and the
legal dependants of such persons, shall be granted in this connection by
the country in which the accident occurred, under the legislation in force,
such compensation as is granted to its own nationals”.
FINLAND.—-An Agreement concluded between Estonia and Finland on
10 December 1925 stipulates that nationals of each of the two contracting
Parties who meet with an industrial accident in the territory of the other
Party, and the surviving dependants of such persons, shall be granted such
rights as are granted in the country in which such accident occurred to its
own nationals. This equality of treatment shall be granted to the nationals
of the other State and to their survivors, without any condition as to residence. Bach of the two Governments shall designate to the other an authority whose duty it shall be to supply the insurance institutions and the
competent authorities of the other State on request with all information,
and to give them every assistance, with a view to facilitating the administration of legislation respecting compensation for industrial accidents.
The contracting Parties reserve the right to conclude a special agreement,
by means of an exchange of notes, respecting the procedure for the payment
of the sum due, in pursuance of the legislation of each State concerning
compensation for such accidents for beneficiaries resident in the territory
of the other State.
The Agreement concluded between Finland and Germany respecting
compensation for industrial accidents is analysed under “Germany”.
A Declaration signed on 11 September 1923 at Helsingfors regulates the
compensation of Swedish workers who are victims of industrial accidents
in Finland, and Finnish workers who meet with similar accidents in Sweden.
By this Declaration Finland declares that Swedish nationals shall have
the same rights in every respect as Finnish nationals under the Finnish
Order of 18 August 1917, concerning workers’ accident insurance, and an
Order of the same date concerning the accident insurance of seamen and the
crews of vessels. Sweden declares that the provisions of section 27, § 1,
No. 2, and § 2 of the Swedish Act of 17 June 1916, respecting insurance
against industrial accidents, shall not apply to Finnish nationals. These
provisions stipulate that an amount not exceeding 50 per cent, of the capitalised value of the periodical payments may be substituted for the latter
even without the consent of the beneficiary, and restrict the rights of dependants living abroad to funeral expenses, granting them an annuity or a
lump-sum payment only when it is shown that they were resident in the
Kingdom at the moment the accident occurred.
The Declaration also stipulates that in all other respects compensation
shall be granted and assessed in accordance with the rules in force at the
time in the country to which the compensation is chargeable, and that the
official insurance institutions of the two countries shall assist each other
in the making of enquiries and the payment of compensation.
On 30 November 1923 a Convention was signed with Denmark respecting
reciprocity in respect to questions of accident insurance. The terms of
this Convention are identical with those of the declarations signed with
ACCIDENT INSURANCE
213
Sweden, the agreement making an exeeption to the restrictions respecting
foreign workers laid down by the Danish Act of 28 June 1920, just as the
preceding agreement makes an exception to the provisions of the Swedish
law of 1916.
FRANCE.—Several agreements have been concluded with Italy on this
subject. An Arrangement dated 9 Jime 1906, which defines the provisions
of the Convention respecting the Workers’ Protection Act of 1904, stipulates that so far as concerns the compensation of industrial accidents Italian
workers and employees who meet with accidents arising out of or in the
course of their employment on French territory, or their representatives,
shall have the same rights to compensation as French workers or employees
or their representatives and vice versa ; the same rules shall apply to dependants who were not resident in the territory of the country where the
accident happened at the time when it occurred, or who subsequently
ceased to reside therein.
The agreement regulates all questions respecting enquiries which may
have to be made at the time of the accident, allows employers and the
insurance companies to pay instalments of benefit or compensation due,
through the agency of the consular authorities, and lays down a number
of provisions intended to facilitate the payment of compensation through
the competent national funds.
Administrative regulations were issued on 20 September 1907 and
1 December 1908.
By a Declaration dated 9 March 1916 treaties of all kinds concluded
previously between France and Italy were extended to Morocco; among
these is included the treaty respecting compensation for industrial accidents
mentioned above. As regards Tunis, a Franco-Italian Agreement dated
12 September 1919, for the establishment of the frontier between Tripoli
and the French African possessions, embodies a stipulation whereby the
French Government consents to extend to Timis the engagements which
it took in 1916 for Morocco vis-à-vis the Italian Government respecting
industrial accidents.
A Convention concluded between France and the Republic of San Marino,
which was signed at Paris on 9 August 1917, is very similar to the FrancoItalian Agreement.
An interesting feature of this Agreement is the co-operation which it
implies on the part of the Italian Government, as it extends to the nationals
of both countries the provisions of the Franco-Italian Convention of 9 June
1906.
To facilitate this, San Marino undertakes to adopt the Italian legislation
respecting industrial accidents, while the transfer of the necessary funds
will be carried out by the Italian national funds. The necessary formalities
will be accomplished by the consular authorities of San Marino, or, where
there are no such authorities, by the Italian consular authorities.
Although these two Conventions have much in common, they are nevertheless independent. The Convention concluded with San Marino might
continue to have effect apart altogether from the Convention signed with
Italy in 1906. Italy is thus required to facilitate its application even if
the main Convention be denounced
The Convention entered into with Great Britain on 3 July 1909 respecting
industrial accidents is similar to the other Conventions concluded by France,
in so much as it maintains the principle of equality of treatment and the
application of the law of the land in which the accident occurred, subject
to the two usual exceptions for workers employed in transport undertakings
and workers employed temporarily in the other country for a period of
^ CÍ. Pierre Piganiol: Le traité du travail Franco-Italien du 30 septembre 1919, pp. 129131. Toulouse, 1922.
214
PROVISIONS RELATING TO FOREIGN WORKERS
less than six months. But the ratification of the Convention was made
conditional on the introduction of amendments to the British legislation
respecting five points enumerated in Article 5. The first point requires
that all compensation due to Frenchmen living in England shall be compulsorily assessed by the County Court instead of by agreement between the
parties or arbitration as permitted by British law. The other points also
provide for the intervention of the County Courts and the French National
Pensions Fund to facilitate the payment of pensions. An Act dated 20 September 1909 empowered the British Government to introduce the necessary
amendment to the Act of 1906, with a view to its extension to French
nationals.
A Convention was signed on 27 June 1906 by France and Luxemburg.
Its text is exactly the same as that of the Franco-Belgian Agreement of
21 February 1906 reviewed under “Belgium”.
The emigration and immigration Treaties concluded with Poland on
3 September 1919, and with Czechoslovakia on 20 March 1920, include in
Article 3 stipulations respecting compensation for industrial accidents.
(Cf. § 1, &, of the present chapter.)
A provision embodied in Article 20 of the Convention concluded between
Prance and Poland on 30 December 1925 is intended to facilitate the payment
of pensions or compensation payable in connection with industrial accidents
to persons domiciled outside the territory in which the insurance applies;
the payment may be made through the agency of the consular officials of
the State to which the beneficiary belongs. The insurance societies and
all other parties concerned are exempted from all further responsibility by
the receipts issued by the State authorities.
Cf. also, in subsection c (Social Insurance in General) the provisions
respecting accident insurance contained in the Agreement concluded on
27 May 1926 between France and the Saar Territory.
GERMANY.—The Convention signed on 6 July 1912 by Germany and
Belgium stipulates that when undertakings having their headquarters
within the territory of one of the contracting Parties, and whose operations
extend over the territory of the other Party, are subject to the laws respecting
the compensation of industrial accidents, the legislation of the country
in which the operations in question are carried out shall be exclusively
applied. Notwithstanding this rule the law of the country in which the
headquarters of the undertaking are situated shall be applied during the
first six months’ activity of the undertaking. As regards State, provincial
and municipal undertakings of each of the two countries, and public servants
employed by such undertakings, the law of the country in which the undertalang is situated shall apply. This also applies to the travelling staff of
transport undertakings.
Whenever, in one of the countries, grants have been allowed by way of
legal indemnity in respect of an accident, the victim of which must be
compensated in accordance with the legislation of the other country, the
party liable shall be bound to refund the State grants. Whenever the
accident which has taken place in the territory of one of the countries comes
under the application of the legislation of the other country, or when the
imdertaking concerned is liable to pay compensation in only one of the
countries, the legislation of that country shall likewise apply in respect to
any proceedings for civil liability to which the accident may give rise in
accordance with the laws of the other State. The authorities of the two
countries agree to give each other their mutual assistance and legal help.
Exemptions from stamp and other fiscal duties are applicable to the nationals
of the other country. The payment of compensation may be made by the
authorities of either country, who are also bound to furnish all information
required. The system of relief adopted for German public servants, instead
of insurance against accidents, is treated as equivalent to the said insurance.
The Convention is not retrospective.
ACCIDKNT INSURANCE
215
In accordance with the Agreement entered into hy Germany and Spain,
by an Exchange of Notes on 30 November 1912 and 12 February 1913,
industrial accidents affecting Spanish seamen on German vessels, and German
seamen on Spanish vessels, must he reported, in the first instance, to a
Spanish consul when the aceident happens in a German or a foreign port,
and to the civil governor or the Alcade if it occurs in a Spanish port. In
German ports notification is given by the German authorities to whom the
captain made the declaration required by law, and in foreign ports by the
German consul. The latter is required to notify the competent authority
as far as possible within twenty-four hours after the arrival of the ship in
a Spanish port, when the accident took place on the high seas. Reciprocally
when a German sailor employed on board a Spanish vessel is the victim of
an industrial accident, the Spanish authority to whom the declaration is
made, or the Spanish consul, is required to inform either the German consul
or the port officials. Similarly the Spanish consul is required to make the
necessary notification as far as possible within twenty-four hours. The
Agreement does not apply to the colonies and protectorates of the two
countries.
By an Agreement dated 18 June 1927 Germany and Finland undertake
to grant to the nationals of the other contracting State who are victims of
an industrial accident, and to their legal dependants, the same treatment
as is granted to their own nationals who are affected by an industrial aecident,
and their legal dependants.
For purposes of the application of the legal provisions of each of the
two States respecting compensation for industrial accidents, residence on
the territory of the other contracting Party shall not be considered as
residence abroad. The two States undertake to lend each other mutual
assistance for the application of accident insurance, and to come to an
agreement on the procedure to be used in respect of the payment of
compensation due to persons resident on the territory of the other
State.
An Agreement was concluded between Germany and Luxemburg on 2 September 1905. This agreement deals more particularly with the overlapping
of the national legislation of the two countries : it provides for the applieation
of the law of the country in which the accident oecurred, and lays down
special regulations ■ concerning enterprises carrying out operations in the
territories of the two countries.
The Treaty concluded on 27 August 1907 between Germany and the
Netherlands greatly resembles the Treaty concluded on 2 September 1905
between Germany and Luxemburg. The main object of this Treaty is to
prevent the legal disputes which frequently result from section 9 of the
Netherlands Act. Indeed, this section often led to the employers being
subjected to double insurance obligations, while in other cases it happened
that the workers were not insured at all. Again workers employed in Dutch
establishments, the branches of which in Germany were not of sufficient
importance to be classified as an undertaking, were not covered by the
German law, and if they were domiciled in Holland were not insured in
either of the two countries. The Treaty refers in the first place to undertakings having establishments in the two countries, and establishes the
principle of territoriality of the accident insurance laws : all branches are
in future to be considered and treated as an independent establishment.
Nevertheless two exceptions are made to this rule, one by Article 2 for the
travelling staff of transport undertakings, the other by Article 3 for workers
of all kinds who are employed for less than six months. These two classes
of workers remain subject to the insurance laws in force at the headquarters
of the undertaking. The other provisions of the Treaty relate to administrative procedure. Article 7 declaring that manufacturers shall not be required
to pay higher eontributions or premiums in respect of the aceident insurance
of one country because their undertakings are situated in the other.
The additional Conventions of 30 May 1914 between Germany and the
216
PROVISIONS RELATING TO FOREIGN WORKERS
Netherlands provides for the insertion in the Convention of 27 August 1907
of an Article (3a) which states that the actual domicile of insured persçns
is in future of no importance, and that if an undertaking covered by the
said Convention is subject to accident insurance in one of the two contracting
States, all persons occupied in the said enterprise shall he liable to insurance
whether or not they reside on the territory of the said State. This provision
is retrospective for all cases.
Several agreements and treaties containing provisions respecting accident
insurance have been analysed elsewhere, viz. the Agreement between
Germany and Austria of 8 January 1926 (subsection c of present chapter,
“Germany”) ; Treaty between Germany and the United States of 8 December
1923 (see under “United States”) ; the Agreement concluded between Germany and France on 27 July 1922 and between Germany and Italy on 31 July
1912 (subsection c, “Germany”); the Agreement between Germany and
Poland of 24 November 1927 (§ 1, &, of the present chapter).
GREAT BRITAIN.—^By an Exchange of Notes on 3 February and
2 April 1909 between Great Britain and Sweden, it was agreed that, subject
to reciprocity, the widows and children of British subjects shall be entitled
to the pension rights provided for by the Swedish Act of 5 July 1901, even
when they were not domiciled in Sweden at the time when the accident
occurred ; British subjects who have pension rights and are domiciled in Great
Britain are fully entitled, notwithstanding the provisions of section 6 of the
said Act, to the pensions granted them by that Act.
Cf. “Denmark”, Treaty of 18 November 1925, and “France”, Treaty
of 3 July 1909.
HUNGARY.—According to a Convention concluded between Hungary
and Italy on 19 September 1909, each of the two States undertake to grant
to nationals of the other States living on its territory the same rights as are
granted to its own nationals. The legal dependants of the victims are
treated exactly as if they were resident in the country where the accident
occurred. The consular authorities are assured of the co-operation of the
local authorities in connection with all matters referring to the application
of the Convention. The funds liable for the compensation of industrial
accidents may free themselves from all further responsibility by transferring
the capitalised value of the pension to the competent fund of the other
country ; further, the funds of one of the countries may request the funds
of the other country to pay pensions on their behalf. The Convention
likewise regulates all questions concerning the exemption from fees and
duties on documents, the arbitration of disputes which may arise concerning
the interpretation of the application of the Convention, etc.
ICELAND.—See “Denmark”, Agreement of 13 October 1927.
ITALY.—Treaties respecting social insurance in general concluded with
Germany on 31 July 1912, and with the Serb-Croat-Slovene Kingdom on
20 July 1925, regulate questions of aceident insurance. (Cf. subsection c,
“Germany” and “Italy”.)
Under “Argentina”, “France”, “Hungary” and the “United States”
will bè found summaries of the terms of treaties concluded by Italy with
these countries in respect of industrial accidents. In § 1, / and 6, of the
present chapter a summary is given of the terms of the Labour Treaties
concluded with Brazil on 8 October 1921 (Article 1, Industrial Aecidents)
and with Luxemburg, 11 November 1920 (Articles 6 and 10, idem).
An Exchange of Notes between the Minister of Sweden in Rome and the
Italian Minister of Foreign Affairs, on 12 July and 28 August 1920, stipulates that, in accordance with the provisions of the laws of both countries,
the nationals of one of the contraeting Parties shall be granted equality of
treatment with nationals of the other in respect of accident insurance.
ACCIDENT INSURANCE
217
The Treaty of Commerce and Navigation concluded with Czechoslovakia,
on 23 March 1921, stipulates in Article 35 that special arrangements will be
subsequently entered into in respect of labour questions, and more especially
of the accident insurance of nationals of one of the States who are resident
on the territory of the other State.
LATVIA.—Cf.|“Estonia”, provisions made in the Treaty of 1 November
1923.
LUXEMBURG.—^The agreements signed by the Grand Duchy of
Luxemburg in respect of industrial accidents are discussed under “Belgium”,
“France”, “Germany” and “Italy”.
NETHERLANDS.—Cf. “Germany”, the Treaties of 27 August 1907
and 30 May 1914; “Belgium”, the Convention of 9 February 1921 ; “Norway”,
the Agreement of 9 January 1925.
NORWAY.—Cf. Agreement of 12 February 1919 coneluded by Denmaric,
Norway and Sweden under “Denmark”.
According to the terms of a Convention concluded between Norway and
the Netherlands at Oslo on 9 January 1925, the restrictions laid down by
legislation ^ by both countries in respect of compensation for foreign workers
who are victims of industrial accidents, and their legal dependants, and those
respecting the victims of accidents and their surviving dependants who
have ceased to reside in the country where the accident occurred, shall not
be applicable to nationals of one of the two contracting Parties who are
resident in the other country. Compensation shall be assessed and adjudged
in accordance with the rules for the time being in force in the country
whose accident insurance legislation is applicable to the accident; and the
claimant shall be subject in all matters conneeted with his rights and obligations in regard to insurance to the accident insurance legislation on which
his claim to compensation is based.
The Convention also empowers the authorities in both countries to
co-operate for the execution in one of the countries of the accident insurance
laws respecting the different classes of workers in force in the other country.
For this purpose the insurance administrations and the law courts of the
two countries shall render each other every assistance in accordance with
the Treaty provisions in force between the two countries regarding civil
and commercial affairs. The insurance administrations of either country
shall, when required, institute ex officio such enquiries as would be deemed
necessary if the laws of its own country had to be applied.
POLAND.—Cf. “France”,! Treaties of 3 September 1919 and 30 December 1925, and “Germany”, Agreement of 24 November 1927.
PORTUGAL.—Attention has already been called (§ 11) to the clauses
dealing with compensation for industrial accidents embodied in the recruiting
treaties concluded with South Africa and Southern Rhodesia respecting the
emigration of native workers from Mozambique.
SAN MARINO.—Cf. “France”, Agreement of 9 August 1917.
' Norwegian Accident Insurance Act of 15 Aug. 1915, and the supplementary Act of
19 July 1918 (Industry), the Norwegian Act of 18 Aug. 1911 and the supplementary Acts
of 30 July 1915, 15 July 1917 and 19 July 1918 (Seamen) and the Act of 10 Dec. 1920
(Fishermen); the Netherlands Acts respecting accident Insurance of 1921 (Industry), 1922;
(Agriculture and Horticulture) and 1919 (Seamen).
218
PROVISIONS RELATING TO FOREIGN WORKERS
SERB-CROAT-SLOVENE KINGDOM.—Cf. in subsection c (Social
Insurance in General), “Italy”, Agreement of 20 July 1925.
SPAIN.—Cf. “Argentina”, Convention of 27 November 1919, and
“Germany”, exchange of notes of 30 November 1912 and 12 February 1913.
SWEDEN.—The Agreements concluded with Argentina on 14 May 1928,
with Denmark and Norway on 12 February 1919, with Finland on 11 September 1923, with Great Britain on 3 February and 2 April 1909, and with
Italy on 12 July and 28 August 1920, are discussed under “Argentina”,
“Denmark”, “Finland”, “Great Britain” and “Italy”.
Further, in its annual report for 1928 respecting the application of the
Draft Convention of 1925 concerning equality of treatment for national and
foreign workers as regards workmen’s compensation for accidents, the
Swedish Government pointed out that special agreements concerning such
equality had also been concluded with Czechoslovakia, the Netherlands,
the Serb-Croat-Slovene Kingdom and South Africa.
UNITED STATES.—The fact that in the United States of America
each State is competent to legislate on labour matters and that moreover
several of these States have limited themselves to establishing civil responsibility for industrial accidents has given a somewhat special character to
the agreements concluded in this respect by the United States with several
emigration countries.
The Treaty of Amity, Commerce and Consular Relations concluded by the
United States and Germany on 8 December 1923 stipulates in Article 2 that
with respect to the protection granted by federal, state or provincial laws
establishing civil liability for injuries and for death, and giving to relatives
or heirs or dependants of an injured party a right of action or a pecuniary
benefit, such relative or heir or dependant of the injured party, being a
national of either of the High Contracting Parties and within any of the
territories of the other, shall, regardless of their alienage or residence outside
of the territory where the accident occurred, enjoy the same rights and
privileges as are or may be granted to nationals and under like conditions.
According to Article 25, a consular officer of either High Contracting
Party may, on behalf of his own resident countrymen, give a receipt for their
distributive shares derived from estates in process of probate or accruing
under the provisions of so-called Workmen’s Compensation Laws or other
like statutes provided he remit any funds so received through the appropriate agencies of his Government to the proper distributees, and provided
further that he furnish to the authority or agency making distribution
through him reasonable evidence of such remission.
The Treaties of Amity, Commerce and Consular Relations concluded with
Estonia on 23 December 1925 (Articles 2 and 24) and with Hungary on
24 June 1925 (Articles 2 and 13) embody similar provisions.
(e) Invalidity and Old Age Insurance
International treaties eoncluded in connection with invalidity
and old age insurance generally amend the provisions of
national legislation as applying to foreigners on two main points.
In the first place, they are used as a means to secure for foreign
workers the same treatment in respect of invalidity and old age
pensions as are enjoyed by the national workers. For it fre-
INVALIDITY AND OLD AGE INSURANCE
219
quently happens that the national laws do not allow foreigners
to benefit by the contributions made by the State to the insurance
funds, and the pensions of foreign workers are consequently
considerably lower than those received by national workers in the
same circumstances.
Secondly, where the laws of the country require all workers
irrespective of nationality to pay insurance contributions, a
State may consider that it is to the advantage of its nationals,
who have to work for a short period on the territory of the said
country, to be exempted from the necessity of making such
payments, and to continue in insurance under the system in
force in their native land.
Moreover, even in countries where the legislation grants equality
of treatment to foreign and national workers as regards the application of invalidity and old age insurance legislation, special
international arrangements are necessary in view of the long
periods over which the insurance and the payment of contributions and benefits are effected. Practical measures of application and close collaboration between the competent organisations of the countries concerned must be arranged by common
agreement, to facilitate the calculation of pension rights and the
part of the cost to be borne by the funds to which the persons
concerned may have belonged at different periods.
AUSTRIA.—Cf. in subsection c (Social Insurance in General), “Germany”, Agreement of 8 January 1926, and “Austria”, Agreement concluded
in 1927 with Czechoslovakia.
BELGIUM.—A Convention concluded with France on 14 February
1921 aims at guaranteeing to the nationals of the contracting States working
in French or Belgian mines, the advantages of the special systems of miners’
pensions in force in each country. It stipulates that a French worker
employed in a Belgian mine shall have the advantage of the premiums
(primes d’encouragement) provided for by Belgian legislation respecting old
age pensions without any conditions as to residence. If he proves that he
has been employed for 30 years in Belgian mines and also fulfils the other
conditions as to age and continuity of employment required under the
special legislation for Belgian miners’ pensions, he shall further be entitled
to the grants from the State and from the provident fund. A Belgian
worker employed in France, who at the age of 55 years proves that he has &en
employed in French mines for 30 years, representing 7,920 actual working
days, or 30 years as a wage earner in France, of which at least 15 years have
heen spent in mines, shall have the advantage, on the same conditions as
French workers, of the grants and bonnses paid by the French Government
and the Independent Fund for miners’ pensions. The Agreement admits the
aceumulation of the periods worked for workers who have been employed
successively in the mines of both countries ; it also lays down the methods
of calculation for widows’ pensions in the different cases. The advantages
220
PEOVISIONS «ELATING TO FOREIGN WORKERS
specified in this Convention shall accrae to workers who, after the date of
its coming into operation, shall fulfil the conditions as to age and duration of
employment neeessary for a elaim to a grant or bonus. They shall likewise
aecrue to widows whose rights mature after the said date. By way of a
temporary exemption, a worker of either country who, at the date when this
Convention comes into operation,is resident in the eountry where he has given
up mining work, may enjoy the advantages referred to above if he proves that
he fulfils the eonditions as to age and duration of employment specified by the
Convention. Any improvements which may subsequently be made in the
old age pension system in force in either country shall be extended to nationals of the other country. All problems connected with the application of
this Convention which it is not possible to settle by common agreement
shall be referred to one or more arbitrators.
A new Convention respecting the same matter was signed on 21 May 1927,
and its provisions will take the place of those of the Convention of 1921,
after an exchange of ratifications.
As the laws of the two countries now resemble each other more closely,
the new agreement aims at establishing the greatest possible equality of
treatment as between Belgian and French workers in respect of the application of provisions concerning miners’ pensions, instead of the purely formal
reciprocity admitted by the original agreement.
Complete equality of treatment is assured for workers who have been
employed holely in the mines of one of the two countries ; nationals of the
other contracting Party and their dependants (widows and orphans) are
entitled to all the advantages of the legislation of the country where the
work was performed, provided they fulfil the conditions imposed on national
workers (Articles 1 and 2).
As regards the calculation of pensions and bonuses for workers who have
been employed alternately in the mines of both countries, the Treaty stipulates that all periods of employment of at least three years’ duration (five
years was the minimum laid down in the 1921 Agreement) are to be taken
into account. The Treaty lays down the methods to be adopted in calculating the age at which workers are entitled to a pension, in accordance
with whether such workers have worked 30 years or less than 30 years
(with a minimum of 15 years), or whether they have worked above ground
or underground, or alternately above ground and underground. The
amount of the pension due for the total number of years worked in the mines
in both countries is calculated in accordance with the less favourable legislation (Articles 3 and 5).
A part of the pension payable by the Independent Miners’ Pension Fund
and the Belgian Miners’ National Pension Fund respectively is calculated
in accordance with the number of years worked in the mines of both
countries, the pensions calculated as described above being taken as a basis
(Article 5).
In determining the pension rights of miners’ widows and the part of such
pensions payable by the public funds in each country, the same principles
are applicaWe. As regards orphans’ pensions and the benefits granted
to widows at the time of the husband’s death, the legislation of the
country in which the father or husband was last employed is applicable
(Articles 4-6).
The Agreement of 1927 also includes a provison wWch extends the advantages of the Agreement, with some slight modifications, to workers employed
in slate quarries and in industrial undertakings which are branches of a
mining concern, and to widows, and orphans of such workers. These
provisions apply to persons who were still in employment on 1 January
1926 (Articles 7-10).
Finally, it is stipulated that for the calculation of pensions, bonuses and
supplementary or complementary pensions, the currency of both countries
should be considered as equivalent, all payments being made in the currency
of the country involved (Article 11, § 2).
INVALIDITY AND OLD AGE INSURANCE
221
DENMARK.—Cf. subsection c, Agreement with Iceland of 13 October
1927.
FRANCE.—Cf. “Belgium” for Agreements concluded with that country.
An Agreement was concluded with Italy on 9 August 1910 respecting the
payment of contributions to the national pension funds. The aim of this
Agreement was to regulate the conditions for the application of paragraph 6
of Article 1 of the Franco-Italian Convention of 15 April 1904. The arrangement allows Italians living in France and Frenchmen living in Italy to
pay contributions to the national fund of their native country and to draw
their pensions when they fall due. The financial relations between the two
funds are also defined and the free transfer of funds by post assured.
Attention must also be drawn to the fact that the Franco-Italian Treaty
of 30 September 1919 grants equality of treatment in respect of the system
of workers’ and peasants’ pensions (including special pensions for miners),
subject to the observation of the regulations laid down in connection with
the methods of calculation and payment of the allowances and grants payable
by the State (cf. § 1 of the present chapter). In pursuance of Article 7 of
this Treaty, an Agreement respecting workers’ pensions was concluded on
22 May 1924. The Agreement regulates the application of the system instituted in France by the Act of 5 April 1910 respecting workers’ pensions, and
in Italy by the Decree of 30 December 1923 respecting invalidity and old
age insurance. It authorises the accumulation of periods worked by insured
persons who have resided alternately in the two countries and the proportionate distribution of the cost of compensation due to insured persons
between the French and Italian administrations.
The Agreement further defines in detail the methods of calculating pensions both for insured persons and their dependants and the procedure for
paying pensions due, and stipulates that the currency of both countries
shall be considered as equivalent in all such matters. The competent
administrations and organisations of the two countries are entitled to
correspond directly in connection with matters relating to the application
of the Agreement.
In case of denunciation of the Labour Treaty, the provisions laid down
in Article 7 of the said Treaty, and those of the 1924 Agreement, shall continue to apply to insured persons and their dependants whose right to a
pension or an allowance is in existence before the date on which the aforesaid
Treaty expires.
An Agreement concluded with Poland on 14 October 1920 embodies
clauses respecting workers’ and peasants’ pensions. This Agreement is
analysed in subsection c (Social Insurance in General), as is the Agreement
concluded with the Administration of the Saar Territory, dated 27 May
1926, which includes provisions respecting invalidity and old age insurance.
GERMANY.—In § 1, 6, of the present chapter will be found the provisions respecting invalidity and old age insurance embodied in the GermanoPolish Agreements of 24 November 1927 respecting seasonal agricultural
workers, and in subsection c, § 5 (Social Insurance in General), those included
in the Germano-Austrian Agreement of 8 January 1926, the Franco- German
Agreement of 27 July 1922, the Germano-Italian Agreement of 31 July 1912
and the Germano-Czechoslovak Agreement of 15 December 1924.
ITALY.—Cf. “France” for treaties concluded with that country, and
subsection c (Social Insurance in General) for the Germano-Italian Agreement
of 31 July 1912 and the Agreement concluded with the Serb-Croat-Slovene
Kingdom on 20 July 1925.
According to Article 8 of the Labour Treaty concluded between Italy and
Luxemburg on 11 November 1920 the nationals of each of the two States
shall enjoy on the territory of the other State equality of treatment with
the national workers in respect of the application of the laws relating to
222
PROVISIONS RELATING TO FOREIGN WORKERS
invalidity and old age insurance. The periods of employment or contribution and the periods assimilated thereto which are completed in each
country, in conformity with its laws, shall be added together for the purposes
of determining the right to a pension. Each of the two countries shall be
responsible for a part of the total amount of the pension calculated in accordance with its own rates and laws proportionate to the periods completed
in it. The pension to an insured person shall be made up by adding the two
resultant parts chargeable to each of the two countries.
.It is stipulated that the competent authorities of the two countries shall
by agreement determine the detailed measures and rules necessary for the
execution of the said provisions which involve the co-operation of the
insurance institutions of the two countries.
SERB-CROAT-SLOVENE KINGDOM.—Cf. subsection c (Social
Insurance in General), “Italy”.
(f) Unemployment Insurance and Relief
The grant of unemployment insurance benefits and relief to
foreign workers is important because this form of social assistance is practised by the country of immigration at the very
moment when fiuctuations in the economic life of the nation
have, for the time being, made the presence of such workers
superfluous.
Treaties concluded in connection with such matters are intended
either to regulate the conditions in which foreign workers are
entitled to benefit from the unemployment insurance system of
the country wherein they are employed (procedure for the payment of contributions to the insurance funds, right to benefit
from employers and State contributions), or to secure the extension to such workers of the assistance provided for national
workers in the form of relief in those countries where measures
of this kind are in force, and more particularly, the special relief
granted in cases of emergency which the national laws frequently
refuse to foreign workers. Other treaties, on the contrary, tend
to exempt foreign workers, and seasonal workers in particular,
from the necessity of paying contributions to the unemployment
funds when such payments are compulsory for all wage earners,
or, in other words, to exclude foreigners from the benefits of
such insurance.
Attention must be drawn in the first place to the Convention
concerning unemployment which was adopted by the first Session
of the International Labour Conference at Washington in 1919,
and which contains a clause respecting equality of treatment as
UNEMPLOYMENT INSURANCE AND RELIEF
223
regards unemployment benefits. According to Article 3 the
members of the Organisation which ratify the Convention and
which have established systems of insurance against unemployment shall, upon terms being agreed between the Members
concerned, make arrangements whereby workers belonging to one
Member and working in the territory of another shall be admitted
to the same rates of benefit of such insurance as those which
obtain for the workers belonging to the latter.
A Recommendation adopted by the same Session recommends
each Member of the International Labour Organisation to establish an effective system of unemployment insurance (Part III).
At the Genoa Session (1920), which was devoted to maritime
questions, the Conference recommended the extension of unemployment insurance to seamen and adopted a Draft Convention
which stipulates that the owner or person with whom the seaman
has contracted for service on board any vessel shall pay to each
seaman employed thereon (and no mention is made of nationality)
an indemnity against unemployment resulting from the loss or
foundering of the vessel (Article 2).
Special bilateral treaties of reciprocity are very rare. Nevertheless, in many cases administrative arrangements are made
which stipulate that the systems of unemployment insurance
and relief in the countries concerned shall be considered as
equivalent, and that in consequence the advantages of national
legislation shall be extended in each country to the nationals
of the other States by means of internal regulations. Further
general labour treaties and recruiting agreements often contain
clauses guaranteeing the grant of unemployment relief to workers
engaged under such treaties and agreements.
AUSTRIA.—-Cf. “Germany”.
BELGIUM.—The Labour Treaties eoncluded with France on 24 December 1924 (Article 7) and with Luxemburg on 20 October 1926 (Article 7) establish equality of treatment with nationals in respect of unemployment
relief (cf. § 1, 6, of the present chapter).
CZECHOSLOVAKIA.—Cf. “Switzerland”.
DENMARK.—An Exchange of Notes between the Danish Minister of
Foreign Affairs and the Swiss Legation in Copenhagen, dated 28 September
and 13 December 1927, establish reciprocity of treatment as between Danish
and Swiss nationals in respect of the application of the legislation of the two
countries concerning unemployment insurance, in accordance with the principle laid down by Article 3 of the International Convention concerning
224
PROVISIONS RELATING TO FOREIGN WORKERS
unemployment, adopted by the International Labour Conference at Washington (1919) and ratified by the two States (see also “Sweden”).
FRANCE.—Cf. § 1, 6, for the Labour Treaties concluded with Belgium
on 24 December 1924 (Article 7), and with Italy on 30 September 1919
(Article 11), and subsection c (Social Insurance in General) for the FrancoPolish Convention of 14 October 1920 (Article 5).
As regards relations with Italy, it should be noted that the Treaty respecting
insurance signed on 15 April 1904 (cf. subsection c) provided for the conclusion of agreements respecting unemployment insurance; but as neither
Italy nor France had at that time a well-developed social insurance system,
this provision remained inoperative for some considerable time.
GERMANY.—An Agreement with Austria respecting the grant of
reciprocal unemployment relief was concluded by an Exchange of Notes
dated 29 June-18 August 1921. Subsequently, a supplementary Agreement
was signed, as a result of the development of the national laws of both
countries, by an Exchange of Notes on 18 February 1924. According to
this Agreement, which came into operation on 3 March 1924, occupations
exercised by the nationals of one of the contracting Parties on the territory
of the other Party, which by their nature would be subject to unemployment
relief in the national territory, entitle the persons concerned to similar relief.
In addition, the Austrian Government undertakes to extend to German
nationals the benefit conferred under section 1, § 1, 6, of the Austrian Federal
Act of 15 November 1922, by which the Austrian Government is authorised
to grant special emergency relief. The German Government recognises
that the reciprocity which Austrian nationals enjoy in respect of unemployment relief also applies to grants in excess of the normal measures which
may be accorded to German nationals. The Governments of the two
States agree to take the necessary measures to prevent any pressure being
brought to bear upon the nationals of the other State to induce them to
return to their country of origin in order to claim unemployment relief.
By an Exchange of Notes dated 29 February 1928, the two States also
regulated the question of unemployment relief for workers in frontier zones,
and that of emergency relief. It was agreed that as from 1 March 1928
the nationals of one of the contracting Parties resident in the frontier zone
and employed in the other State shall have the same right to unemployment
relief as nationals, provided that the occupation which they exercise is
subject to unemployment insurance in their own country. For the purposes
of the Agreement the frontier zone is taken to mean the zone in which the
regulations for frontier traffic apply. By the same supplementary Agreement it was further stipulated that the nationals of each of the two States
shall receive emergency relief in the other country, in similar circumstances
and to the same extent as nationals.
By a special Agreement dated 14 July 1927, the German and Polish
Governments undertook reciprocally to grant equality of treatment to their
nationals in respect of unemployment relief and unemployment insurance.
This equality of treatment also extends to emergency relief paid in these
two countries in consequence of an economic crisis. In a final protocol
it was nevertheless stipulated that Polish seasonal agricultural emigrants
in Germany shall be excluded from the advantages of the Agreement, as
the various recruiting agreements concluded between the two countries
exempt them from the payment of contributions to the unemployment
funds. This provision is due to the essentially seasonal character which
the successive recruiting agreements respecting Polish agricultural labour
have never failed to give to the immigration of such labour in Germany.
It will be seen from subsection (c) of this chapter, dealing with “Social
Insurance in General”, that the Agreement respecting seasonal agricultural
emigration of 24 November 1927, embodies a provision similar to that of
UNEMPLOYMENT INSURANCE AND RELIEF
225
the Agreement of 14 July 1927 respecting the system applied to seasonal
agricultural workers.
An Agreement concluded between Germany and Switzerland at Berne on
4 February 1928 stipulates that persons resident in one of the two States
and employed in the other shall be liable to the unemployment insurance
legislation of the State in which they are resident, and will not be required
to pay contributions to the unemployment insurance scheme of the district
in which they are employed.
GREAT BRITAIN.—Cf. “Switzerland”.
ITALY.—Cf. “France” for agreements concluded with that countryj
The Labour Treaty entered into with Luxemburg on 11 November 1920
mentions the’^grant of unemployment relief in Article 7 (cf. § 1 (b),of the
present chapter).
Notes exchanged with Âwííseriand on 4,11,15 and 16 March 1921 established a system of reciprocity in respect to unemployment relief. A more
recent Agreement dated 9 February 1927 confirms the previous arrangement.
This Agreement states that the Italian Government and the Swiss Federal
Council, desirous of giving effect to the engagements provided for in Article 3
of the International Convention concerning unemployment, adopted at
Washington by the International Labour Conference during its First Session
(1919) and ratified by Italy and Switzerland, declare that the nationals of
each of the two countries who are employed on the territory of the other
shall be entitled to the same unemployment insurance benefits as are granted,
under similar conditions, to nationals of the other country.
LUXEMBURG.—Cf. “Italy”.
NORWAY.—Cf. “Sweden”.
POLAND.—Cf. “France”, “Germany” and "Switzerland”.
SWEDEN.—In virtue of powers granted by Parliament, the Government
has concluded Agreements with Czechoslovakia, Denmark, Germany, Norway
and Switzerland (cf. “Switzerland”) with a view to extending the benefits
of unemployment insurance to their respective nationals.
SWITZERLAND.—Attention has already been drawn to tbe Agreements
concluded with Denmark, Germany and Italy respecting unemployment
insurance. In pursuance of an Agreement with the Swedish Government
respecting reciprocity of treatment for their nationals in this connection,
the Federal Labour Office announced on 11 April 1923 that Swedish nationals domiciled in Switzerland who fulfil the conditions laid down by the
Federal Order of 29 October 1919 respecting unemployment relief shall be
entitled to such relief in the same manner as Swiss nationals. This decision
became operative on 1 April 1923.
By an Exchange of Notes on 12 February and 20 March 1926, Switzerland
and Czechoslovakia concluded an Agreement whereby each of the two States
undertakes to grant to the nationals of the other State established on its territory the same treatment as is granted to its own nationals in respect of
unemployment insurance.
According to a report submitted to the Swiss Federal Council in 1922,
arrangements which were then still unpublished had been concluded by
Switzerland on the same matter with Great Britain, Liechtenstein and Luxemburg. In its annual report for 1928 to the International Labour Office on
the application of the Convention of 1919 concerning unemployment, the
Swiss Government drew attention to a further Agreement concluded with
Poland.
15
226
PROVISIONS RELATING TO FOREIGN WORKERS
(g) Sickness Insurance
As the risk covered by sickness insurance is of a permanent
and immediate character, it may mature at any moment during
the foreigner’s stay in the country in which the insurance applies,
however short such stay may be. When, however, this risk does
mature, and it is impossible to transfer the sick person back to
his native country, the cost of treatment until his recovery may,
if the foreigner be destitute, have to be met entirely by the
ratepayers, whereas had the person concerned been insured his
contributions to the insurance funds, and in most cases those
paid by his employer, would be used to defray the cost of the
medical treatment required.
The interest of society as a whole therefore requires that
sickness insurance should apply to foreigners quite apart from
any sentiments of philanthropy.
For these reasons laws generally embody adequate provisions
respecting sickness insurance and this in turn explains why so
few treaties refer to this aspect of social welfare. At the same
time, there are certain legal exceptions to the grant of absolute
equality which have to be adjusted by international agreement.
Certain laws exempt from compulsory insurance all foreign
workers employed temporarily or intermittently (as for example
persons employed on vessels plying on international rivers or
the travelling staff of railway companies) in the territory
where the insurance is applicable. The States concerned have
then to decide which system shall be applied. In other cases,
the grant of equality of treatment is sometimes made dependent
on the grant of reciprocal conditions by the State to which the
foreigner belongs, hence the necessity for the States concerned,
to agree to reciprocal measures. Finally, the laws of different
countries are not always identical as regards the right of the
insured foreign worker to take part in the management of the
sickness funds, although it would seem that, so far, treaties have
seldom been used as a means to amend the legal provisions
adopted in this connection.
Again, even when absolute equality of treatment is ensured by
law, it is necessary to take steps to faeilitate the transfer of
insured persons from one sickness fund to another.
SICKNESS INSURANCE
227
Two Draft Conventions adopted by the Tenth Session of the
International Labour Conference at Geneva in 1927 require the
Members of the Organisation which ratify them to set up compulsory sickness insurance systems for workers in industry and
commerce and domestic servants on the one hand, and agricultural workers on the other. Both Conventions apply to foreign
workers as well as to nationals. According to the principles
laid down in Part I (Scope of Application) of the Recommendation
concerning the measures of application for the said Conventions,
sickness insurance should include within its scope, without
discrimination as to age or sex, every person who performs work
by way of his occupation and under a contract of service or
apprenticeship. The Recommendation nevertheless authorises
the Governments concerned to fix certain age limits or limits
based on earnings or income, but no restrictions are imposed on
the ground of nationality.
Further, the Draft Convention of 1919 concerning the employment of women before and after childbirth, which is applicable
to all women irrespective of nationality, stipulates in Article 3
that every woman shall, while absent from her work during the
optional period of six weeks’ rest which precedes and during the
compulsory period of six weeks whieh follows confinement be
paid benefits provided out of public funds or by means of a system
of insurance.
AUSTRIA.—Cf. in subsection c, “Gîermany”, Agreement of 8 January
1926, and “Austria”, Agreement of 1927, supplementary to the Recruiting
Agreement concluded in 1925 with Czechoslovakia.
CZECHOSLOVAKIA.—Cf. “Austria”.
DENMARK.—An Agreement was concluded with Norway on 15December
1926 concerning the transfer of members of the sickness insurance fund of
one country to the sickness insurance funds of the other.
The agreement embraces, so far as concerns Denmark, the sickness
insurance funds which are recognised by the State and which are affiliated
to the Co-operative Central Associations of Danish Sickness Insurance Funds
and, so far as concerns Norway, the District Sickness Insurance Funds and
the approved private sickness insurance funds which enjoy the same status.
A transfer can only be authorised if the member in question is entitled to
receive benefits from State funds in virtue of his sickness insurance under
the laws of the country to which he has removed.
The transfer shall be effected in conformity with the laws and regulations
governing transfers from one sickness insurance fund to another in force
in the country to which the member concerned has removed. Nevertheless,
if there are divergences in regard to any point between the regulations of
either country and the said Agreement, the provisions of the Agreement
shall prevail. A member desirous of having his insurance transferred must.
228
PROVISIONS RELATING TO FOREIGN WORKERS
when moving from one country to the other, fulfil the following general
conditions :
(a) he must have abandoned his domicile in the country from which he
has come and have acquired a domicile in the country to which he has
removed ;
(b) he must have discharged his obligations to the sickness insurance
fund in the country which he has left ;
(c) he must, within fourteen days after arrival in the other country, in
the manner prescribed, show that he was insured in a sickness insurance
fund in the country from which he has come by producing a transfer book
or transfer certificate from the insurance fund in which he was last insured and
apply for transfer to the sickness insurance fund at his new place of domicile.
A number of provisions of a practical character are laid down in connection
with the form to be adopted for transfer books or transfer certificates, and
the time which may be allowed to the person concerned to obtain same.
The admission of the member to the new sickness insurance fund shall
have effect as from the date on which he arrived in the country to which
he has removed. Should there be several sickness insurance funds at the
member’s new place of domicile, and should he be entitled to select one of
them under the laws and regulations in force, the fund to which he applies
shall, provided that his application be made within the prescribed time
limit, be obliged to accept it.
Any dispute regarding a transfer in connection with the above provisions
shall be settled in each case by the authorities who are competent under the
legislation of the new country of domicile to determine questions of this
nature.
FRANCE.—-Cf. in § 1, 6, of the present chapter the Franco-Italian Labour
Treaty of SO September 1919 (Article 8) and the Supplementary Agreement of
16-19"February 1920, concerning Alsace-Lorraine.
Cf. in subsection c of the present chapter (Social Insurance in General),
the Franco-Polish Convention concerning Social Welfare of 14 October 1920
(Article 2) and the Franco-Saar Agreement of 27 May 1926.
GERMANY.—^Provisions respecting the sickness insurance of workers
reeruited are embodied in the Germano-Polish agreement of 24 November
1927 respecting seasonal agricultural emigration (cf. §1,6, and § 5, c, of
present chapter).
Similar provisions are also to be found in the Agreements concerning
social insurance, concluded between Austria and Germany on 8 January
1926 and between France and Germany on 27 July 1922 (cf. subsection e).
ITALY.—Cf. “France”. Also, subsection c, “Italy”, Agreement concluded on 20 July 1925 with the Serb-Croat-Slovene Kingdom.
NORWAY.—Cf. “Denmark”.
POLAND.—Cf. “France” and “Germany”.
SAAR TERRITORY.—Cf. “France”.
SERB-CROAT-SLOVENE KINGDOM.—Cf. “Italy”.
THE NEGRO TRAFFIC AND THE SLAVE TRADE
229
CHAPTER VIII
SPECIAL PROBLEMS
In this chapter a large variety of regulations established
by international agreement and dealing with migration problems
of a special kind will be considered together. For instance,
provisions of Conventions for the abolition of different forms of
forced emigration will be examined, such as those relating to
the international slave trade and the traffic in women and children,
and provisions relating to abnormal forms of emigration occurring
only occasionally and having a temporary character, like the
movements of population resulting from political revolutions or
from wars. Further, international regulations will be dealt with
relating to migration towards or away from territories placed
under a system of administration which causes such regulations
to be subject to special conditions, that is to say, territories
which are colonies or protectorates of other countries and territories under mandate. Finally, in the last section regulations
relating to frontier traffic will be analysed.
§ 1.—The Negro Traffic and the Slave Trade
The earliest treaties of any importance connected with migration dealt with a very special form of it, namely, the forced emigration of African slaves transported from Africa to America and
elsewhere. In spite of the special character of this emigration,
it seems appropriate to indicate the important results which were
obtained in this field by agreement between the Powers.
The need for an international agreement for the abolition of
the negro traffic was acknowledged at the time of the Treaty
of Paris signed on 30 May 1814. The question was again raised
230
SPECIAL PROBLEMS
by the British plenipotentiaries at the Congress of Vienna (1815);
a Special Committee was appointed to study the question, and
as a result of its investigations a Declaration was made on
8 February 1815 expressing a desire on the part of the Powers
to co-operate in abolishing the slave trade, but no definite decision
or agreement was reached. A new declaration in favour of the
abolition of this trade is to be found in an additional article to
the second Treaty of Paris of 20 November 1815. Similar declarations were repeated at the Congress of Aix-la-Chapelle in 1818
and that of Verona in 1822.
In execution of the above-mentioned agreements, several
countries passed legislation on the subject of the slave trade.
Apart from this, numerous bilateral agreements which have been
concluded since those early multilateral negotiations have
contained regulations covering part of the world, for the suppression of the slave trade overseas ; they generally comprise ^ a
reciprocal right of search of merchant vessels by the warships of
each of the contracting Parties, as well as repressive measures
enforceable either by a mixed tribunal or by the law courts of
the country under whose flag the seized vessel sails.
The earliest convention on this subject * was the Additional Act to the
Treaty of 22 January 1815 signed by Great Britain and Portugal on 28 July
1817, which Act was latèr superseded by the Convention of 3 July 1842,
modified on 18 July 1871. Other agreements were concluded by Great
Britain with Bolivia on 25 September 1840; with Brazil on 23 November
1826; with Chile on 19 January 1839; with Colombia on 2 April 1851; with
Ecuador on 24 May 1841 ; with France on 30 November 1881 and 22 March
1883 (Conventions to which Denmark (1834), Sardinia (1834), the Hanseatic
Towns (1837), Tuscany (1887) and the Two Sicilies (1838) gavetheiradhesion),
and on 29 May 1845 for the abolition of the right of search and the institution
of other repressive measures; with Haiti on 23 December 1839; with the
Netherlands on 4 May 1818,1 December 1822, 25January 1823 and7FebrUary
1837; with Sweden and Norway on 6 November 1824 and 15 June 1835;
with the United States on 7 April 1862, 17 February 1863 and 3 June 1870;
with Uruguay on 13 July 1839 ; and with Venezuela on 15 March 1839.
Further, on 20 December 1841 a plurilateral Treaty was signed in London
between Austria, France, Great Britain, Prussia and Russia, according to
which those Powers recognised their reciprocal right of search on board
ship in order to suppress the slave trade, and agreed to place the trade in
the same category as piracy. The Treaty was not ratified by France.
This Treaty is still in force in the case of the States which ratified it.
^ The agreements concluded with the United States are an exception; they never admitted
the right of search.
2 Tor detailed information on the subject, cf. : “Actes internationaux et documents
relatifs à la législation des pays d’Orient en matière de traite des esclaves en Afrique, présentés à la Conférence réunie à Bruxelles du 18 novembre 1889 au 2 juillet 1890“ (MaeTENs : Nouveau Recueil général des traités, Series II, Vol. XVI, from p. 30 onwards).
THE NEGRO TRAFFIC AND THE SLAVE TRADE
231
In 1879 the German Empire was substituted for Prussia in the text of
the Treaty by special arrangement. Belgium, moreover, adhered to the
Treaty on 24 February 1848.
France concluded an identical treaty with Sweden and Norway on 21 May
1836.
Finally, provisions relating to the abolition of the slave trade were inserted
in more general treaties, such as the Treaty of Amity, Commerce and
Navigation, signed by the Argentine Republic and Great Britain on 2 February
1825 (Article 14).
Several of these treaties expired through not being renewed at the end of
the period of their validity. Others, which were not concluded for a limited
period, but the provisions of which fell into disuse on account of the disappearance of the slave trade in the contracting States, were finally denounced
by Great Britain in 1921 and 1922.
With regard to the traffic by land, treaties were also concluded by Great
Britain, first with Egypt on 4 August 1877 and later with Turkey on
25 January 1880 and 3 March 1883.
At the African Conference held, in Berlin in 1885 the question
of the negro traffic was again brought forward for international
consideration.
In the Final Act of the Conference, dated 26 February 1885, the signatory
Powers exercising sovereign rights or having an influence in territories
forming the Congo basin as internationally defined promise to co-operate
in suppressing slavery, and particularly the negro traffic. All these Powers
undertake to use all means in their power to put an end to the slave trade
and to punish those who engage in it. They declare that the slave trade is
prohibited, in conformity with the principles of international law, and that
operations by means of which slaves for the trade are furnished by land or
by sea are equally to be considered as prohibited, the territories forming
the Congo basin are neither to be used as a market, nor as a transit route
for any trade in slaves of whatever nationality. The supervision of the
enforeement of the principles proclaimed by the Declaration is confided to
the International Committee on the Navigation of the Congo.
In 1888 an inspection zone on the coasts of Zanzibar and
Mozambique was jointly instituted by Germany, Great Britain,
the Netherlands and Italy with reciprocal rights of search.
France refused to allow vessels flying the French flag to be
searched by the cruisers of other nations, but effectively co-operated in the inspection by sending a cruiser for the special purpose
of inspecting vessels under the French flag.
In May 1889, the Belgian Government approached several
Powers with a view to organising a Conference for the flnal
abolition of slavery and the slave traffic. This Conference met
at Brussels on 16 November 1889 and sat until 2 July 1890.
The Brussels Conference brought together representatives of
the States which had participated in the Berlin Conference on
African Questions of 1885 and also those of the Congo Free State.
232
SPECIAL PROBLEMS
The general Act of this Conference contains provisions of various kinds
regarding steps which each Government should take with a view to preventing
the slave trade in regions where it takes its rise (exportation countries)
as well as along caravan routes where slaves are carried by land, on board
vessels plying the slave trade, and in countries towards which the trade is
directed (importation countries). The treaties for the suppression of the
slave trade already in existence between various Powers, which instituted
the right of search, are maintained, but their application is restricted to
a limited zone determined by the Act. The boundary line of this zone
starts from Baluchistan, passes along the coasts of the Indian Ocean, including the Persian Gulf and the Red Sea as far as Cape Tangalane (Quilimane) ;
beyond this cape it passes round the island of i^dagascar, returns to the
coast of Baluchistan and passes 20 miles wide of Cape Raz el Had.
Other provisions are concerned with the protection to be extended to
fugitive slaves both on land (Article 7) and on board warships (Article 28).
The signatory Powers undertake to establish special offices at the principal
stations along the overland routes and in the ports of the zone within which
the right of search is instituted, in order to effect the liberation of such fugitives and to secure their protection (Article 86). Further, in a supplementary declaration it is agreed that the Powers may impose a special tax on
imported merchandise for the purpose of defraying the costs entailed by
measures for the abolition of the negro traffic.
The same agreement provided for the institution of an International
Maritime Office at Zanzibar, where officers commanding cruisers engaged in
the search of vessels might obtain any information required by them. The
Powers undertook to communicate to each other documents and information
relating to the slave trade, and the exchange of this information was to be
co-ordinated by an office established in Brussels and attached to the Belgian
Ministry of Foreign Affairs, the original members of the office being the
Governments signing and adhering to the Act of the Conference (Articles 74
to 85).
These institutions were created in 1892 and the office at Brussels is known
as the “Office for the Suppression of the Slave Trade”.
Multilateral negotiations for the abolition of the slave trade
throughout the world were reopened after the war of 1914-1918,
and resulted in a further Convention—which revised the Berlin
General Act and the Brussels General Act and Declaration; it
was signed at St. Germain-en-Laye on 10 September 1919.
This Convention is open to the adhesion of all States exercising
authority over African territories and to all States Members of
the League of Nations which were parties to the Acts of Berlin
and Brussels. The provisions of the 1919 Convention are substituted for the provisions of the Conventions of 1885 and 1890
in the case of all Powers which are parties to it.
According to the terms of the Convention of 1919, the Powers exereising
sovereign rights or authority in African territories will continue to watch
over the preservation of the native populations, and will endeavour to
secure the eomplete suppression of slavery in all its forms and of the slave
trade by land and sea.
The constituting Acts of several territories under mandate also
SUPPRESSION OF THE TRAFFIC IN WOMEN AND CHILDREN
233
contain clauses relating to the abolition of slavery and of the
slave trade (cf. § 4 of this chapter).
In 1925 the League of Nations undertook an enquiry into the
question of the abolition of slavery. The multilateral Convention
passed as a result of this enquiry on 25 September 1926 is intended
to supplement the preceding Conventions of 1885, 1890 and 1919.
The first Article defines the slave trade as including all acts involved in
the capture, acquisition or disposal of a person with intent to reduce him
to slavery ; all acts involved in the acquisition of a slave with a view to
selling or exchanging him; all acts of disposal by sale or exchange of a slave
acquired with a view to being sold or exchanged, and, in general, every
aet of trade or transport in slaves. According to the provisions that follow,
the contracting Parties undertake, each in respect of the territories placed
under its sovereignty, jurisdiction, protection, suzerainty or tutelage to
prevent and suppress the slave trade ; to adopt all appropriate measures with
a view to preventing and suppressing the embarkation, disembarkation
and transport of slaves in their territorial waters and upon all vessels flying
their respective flags and to negotiate as soon as possible a general Convention
with regard to the slave trade which will give them rights and impose upon
them duties of the same nature a§ those provided for in the Convention of
17 June 1925, relative to the International Trade in Arms, the ships, even
of small tonnage, of any contracting Parties not being placed in a position
different from that of the other contracting Parties. Further the Parties
agree to take all necessary measures to prevent compulsory or forced labour
from developing into conditions analogous to slavery and where such
compulsory or forced labour is still allowed to exist under the terms of the
Convention, the condition is imposed that labourers are not to be removed
from their usual place of residence.
Further, the Convention of 1926 leaves the contraeting Parties entirely
free to conclude between themselves, without, however, derogating from
the principles laid down by it, such special agreements as, by reason of their
peculiar situation, might appear to be suitable in order to bring about as
soon as possible the complete disappearance of the slave trade.
§ 2.—The Suppression of the Traffic in Women
and Children
The first International Conference on this question took place
in 1899. As a result, an International Office for the Suppression
of the Traffic in Women and Children was created. Later, on
the suggestion of France, a Diplomatic Conference was held,
which on 25 July 1902 adopted a draft Convention, a draft Final
Protocol and draft provisions aiming at the suppression of the
criminal traffic of procuring women and girls for the purpose of
prostitution and at the protection of its victims. A formal
agreement on the subject was signed in Paris on 18 May 1904.
In this agreement the contracting Parties undertake : to establish an
authority charged with the co-ordination of all information relative to the
234
SPECIAL PROBLEMS
white slave traffic; to have a watch kept for persons in charge of women and
girls destined for an immoral life ; to have the declarations taken of women
or girls of foreign nationality who are prostitutes, in order to establish their
identity and civil status and to discover who has caused them to leave
their country ; to send hack to their country of origin those women and girls
who desire it, or who may be claimed by persons exercising authority over
them ; to entrust the victims of a criminal traffic when destitute to charitable institutions or to private individuals. Finally, the contracting States
undertake to exercise supervision over the offices or agencies engaged in
finding employment for women or girls abroad.
In 1910 a further Conference met at Paris to reconsider the
draft Convention and Final Protocol of 1902. As a result of
this Conference, an International Convention and Final Protocol
were signed on 4 May 1910.
The Convention of 1910 declares it to be a punishable offence—even when
different stages of the act are perpetrated in different countries—to take
away, entice or abduct a woman or a girl not yet of age, even with her consent,
or a woman or a girl who has attained her majority, by fraud or violenee,
threats, abuse of authority or any other method of coercion, for purposes of
immorality. Each contracting Government undertakes moreover to propose the necessary amending Bills before Parliament in cases where
existing legislation does not suffiee for the suppression of sueh offenees.
Violations of the law shall be followed by extradition. For the purpose of
punishment of sueh violations of the law the Final Protocol of the Convention fixes a uniform figure of twenty completed years of age as the age at
which the vietim attains her majority in all countries.
A further International Conference was called in 1913. This
Conference voted certain recommendations, but owing to the
war full effect was not given to its decisions. The Peace Treaties
of 1919 and 1920 have entrusted the League of Nations with the
general supervision of agreements relating to the traffic in women
and children {Article 23 of the Treaty of Versailles).
The Assembly of the League of Nations at its sitting of
15 December 1920 decided that a questionnaire should be drawn
up by the Secretariat and circulated to Governments, and that
the Council should invite countries that had signed the Conventions of 1904 and 1910 and of Governments that had adhered
to those Conventions to send representatives to an International
Conference. This Conference met at Geneva on 30 June 1921.
Its Final Act contains several resolutions, the majority of which
—in accordance with a resolution of the Second Assembly—were
drawn up with precision so as to serve as Articles of a multilateral international Convention, supplementary to the Agreement
of 18 May 1904 and to the Convention of 4 May 1910, which
supplementary Convention was left open for States Members
SUPPRÉSSION OF THE TRAFFIC IN WOMEN AND CHILDREN
285
of the League of Nations to sign from 30 September 1921 to
31 March 1922 and, on the invitation of the League, to the
adhesion of other Powers.
The Convention of 1921 obtained thirty-three signatures. In it the
contracting States undertake, in the event of their not being already Parties
to the agreements of 1904 and 1910, to transmit with the least possible
delay their ratifications of or adhesions to those instruments. They agree
to take all measures to discover and prosecute persons who are engaged in
the traffic in children of both sexes with a view to securing the punishment
of attempts to commit and acts preparatory to the commission of the
offences specified in the Convention of 1910, also to extradite persons
accused or convicted of those offences. The age at which majority is
attained is raised to twenty-one completed years of age. The contracting
Parties again agree to take legislative or administrative measures regarding
licensing and supervision of employment agencies and offices, and to prescribe
such regulations as are required to ensure the protection of women and children seeking employment in another country. In Article 7 which specially
concerns migrants, the contracting Parties undertake, in connection with
immigration and emigration, to adopt such administrative and legislative
measures as are required to check the traffic in women and children. In
particular they undertake to make such regulations as are required for the
protection of women and children travelling on emigrant ships, not only
at the points of departure and arrival, but also during the journey, and to
arrange for the exhibition, in railway stations and in ports, of notices
warning women and children of the danger of the traffic and indicating
the places where they can obtain accommodation and assistance.
The International Conference of 1921 further voted resolutions proposing,
on the one hand, that Governments should furnish the League of Nations
with a yearly report on measures taken or proposed by them with a view
to suppressing the traffic in women and children, and on the other hand
that the League of Nations should appoint a Consultative Committee for
the examination of those problems. The Conference also passed a resolution inviting the competent international organisations to come to an
agreement among themselves for the safeguarding of the journey of women
and girls deported from a foreign country or rejected on arrival and
requested the League of Nations to intervene in order to secure the abolition
of individual Or collective deportation of women and children.
An appeal was also addressed by the Conference on the White Slave
Traffic to the International Emigration Commission, instituted by the
International Labour Organisation, which was to meet a few months later
in order to impress upon it the importance of drawing up detailed provisions
aiming at the suppression of the traffic in women and children, which
provisions might later be embodied in an international agreement on
emigration and immigration.
The Advisory Committee on the Traffic in Women and Children,
created as a result of the decision of the 1921 Conference, was
subsequently merged in a new organisation : “the Advisory
Commission for the Protection and Welfare of Children and
Young People”, composed of two committees; one of which is
engaged in combating the traffic in women and children, while the
other is concerned with the protection of children. These organisations time and again have had to consider regulations regarding
236
SPECIAL PROBLEMS
the emigration of women and children in connection with the
traffic. The Advisory Committee on the Traffic in Women and
Children approved the resolutions concerning the protection of
women and children adopted by the International Emigration
Committee which met at the International Labour Office in
1921, and has on several occasions submitted various problems
relating to forms of emigration presenting opportunities for the
traffic, or connected with the protection of emigrant women and
children during the voyage, to the consideration of Governments
or of the International Labour Organisation; the second of these
questions was treated on the lines of the resolutions passed by
the Committee, by the Recommendation which was appended to
the Convention of the International Labour Conference of 1926
relating to the simplification of inspection on board ship
(cf. Chapter V, § 2).
The Committee’s attention was particularly drawn to the
dangers attending engagements abroad, especially the engagements entered into by theatre and music-hall artistes. This
problem was referred to in resolutions passed at several meetings
of the Committee.
The sixth session (April 1927) drew up the following resolution on the
subject :
“The Traffic in Women and Children Committee requests that an
enquiry should be undertaken by the Secretariat with the assistance
of the International Labour Office regarding the methods adopted in
the different countries in connection with the material and moral
protection of artistes travelling abroad under contracts of employment
in music-halls and similar places of amusement. It asks the Council
to invite the Governments to supervise the conditions under which
girls under eighteen years of age are allowed to go abroad with contracts
of employment, and in particular to insist, where necessary, on the
strict enforcement of emigration laws and regulations in this matter”
At the seventh session of the Committee (March 1928), a questionnaire
was drawn up with the object of asking Governments what measures are
taken by them for the protection of young artistes employed in musichalls or similar places of entertainment travelling abroad
The resolutions of the Traffic in Women and Children Committee relating to the employment of foreign women in licensed
houses should further be cited as bearing upon migration questions.
1 League of Nations : C.338, M.113, 1927, IŸ, p. 222.
2 Idem : C.184, M.59, 1928, IV, 15, p. 145.
COLONIAL EMIGRATION
237
At its second session (March 1923) the Committee passed a resolution
to the effect that, pending the abolition of the system of State regulation,
no foreign woman should be employed or carry on her profession as a prostitute in any licensed houses
Further, in order to ensure that the deportation of foreign prostitutes may not render their situation even more deplorable, the fourth session of the Committee (May 1925) passed a resolution
recommending that before proceeding to the expulsion of a foreign prostitute,
the competent authorities in each country should inform charitable organiisations of the measures they are intending to take in order that these
associations, while respecting the principle of personal liberty, might be in
a position to interest themselves in the expelled person, to endeavour to
provide her with other means of existence and to give her every support
and assistance. For this purpose, these associations were asked to take all
necessary measures to enter into communication with similar associations
in the country to which the expelled person is proceeding. The Committee
further recommended that any associations which might be prepared to
take up this work should inform the competent authorities of their intentions,
in order that the latter might, should occasion arise, be able to communicate
with them in good time *.
§ 3.—Colonial Emigration
The international regulation of emigration in colonies and protectorates presents, some special features. The fact that such
regulations have to be enforced in countries that are not selfgoverning gives rise to problems varying according to the nature
of the colony’s political relations with its mother country.
In protectorates where a native system of government and a
colonial administration exist side by side, the agreement come
to between the two governing powers with regard to the international regulation of emigration and immigration is already in
some respects in the nature of an international understanding.
Further, within colonial Empires, there exist movements of
population from one part of the Empire to others which are
frequently regulated by means of agreements between the various
countries concerned. Agreements of this kind have been examined in Volumes I and II as forming part of national regulations, but in the case in point regulations are made by means
of agreements which are intermediary between regulations
initiated by national legislatures and those instituted by international agreement, but on the whole most closely approach
the latter.
Instances of such agreements most nearly approaching to
1 Leaöüe of Nations ; C.225, M.129, 1923, IV, p. 76.
2 Idem : C.382, M.126, 1925, IV, p. 121.
238
SPECIAL PROBLEMS
international treaties are furnished by the British Empire, owing
to the almost complete autonomy of certain of the countries
composing it. As a result of the Emfire Settlement Act of 1922
in Great Britain, numerous agreements have been concluded on
the subject of the assisted emigration of inhabitants of Great
Britain towards dominions capable of absorbing a certain part
of the mother country’s surplus population. An agreement
relating to the repatriation of Indians was negotiated between
South Africa and India in 1927. It is referred to in this volume
(cf. Chapter IV, § 2, and Chapter V, § 5). The emigration of
Indians has also been the subject of less formal agreements
between the Indian Government and the Governments of colonies
to which such emigration is authorised, their purpose being to
co-ordinate Indian legislation with that of the colonies concerned :
Ceylon, the Malay States and the Straits Settlements.
In other colonial empires similar instances of intercolonial
regulations occur. For instance the agreements analysed in
Volumes I and II, by means of which the Portuguese colony of
St. Thomas and Principe secured the recruitment of the agricultural labour required for its plantations in the Portuguese
colonies of Angola, Mozambique and Cape Verde, should be
called to mind.
Without resorting to formal conventions, the Governments of
the Dutch colonies have also been able to organise, by means of
reciprocal agreements, the regular emigration currents which
flow between the East and West Indies and partieularly from
Java to Surinam.
International treaties proper dealing with countries administered by other States also exist. Instances of such treaties
are furnished on the one hand by agreements relating speeially
to a particular dependency, and on the other by agreements
seeuring the enforcement of treaties concluded by the mother
country or of multilateral eonventions to which that State is a
party, in the various regions of a eolonial empire.
As regards the flrst eategory—speeial treaties regulating the
emigration of inhabitants of a colony or protectorate or on the
other hand immigration into, or settlement of, a particular
colony or protectorate—several treaties analysed in other chapters
should be ealled to mind. Thus in Chapter VII (§ 1) several
very important treaties regulating the exchange of labour are
COLONIAL EMIGRATION
239
dealt with : in Africa the treaty organising the emigration for
the purpose of their work of natives of Mozambique to South
Africa, the French colonies and Southern Rhodesia : the treaty
securing workers from Liberia for the Spanish colony of
Fernando Po, or again the treaty regulating reciprocal emigration movements between the Belgian Congo and Liberia or the
Ivory Coast and Liberia.
In Asia arrangements have been made to facilitate the emigration of natives of the Dutch East Indies towards the French
colonies and certain British possessions.
The general conditions of residence in colonies, and protectorates have also been defined by special agreements. The
residence of German nationals in French dependencies was
regulated in the Final Protocol of the commercial treaty concluded between Germany and France on 17 August 1927.
The addendum to Articles 42-44 stipulates that, as regards the admission
of German nationals to French colonies, and their residence therein, the
French Government shall not take any measures discriminating against
them; it promises most-favoured-nation treatment to German nationals
to Whom permission to settle has been or shall be given, on condition that
they observe the laws of public order and security, as well as other local
legislation. At the same time the Parties provisionally agree that these
provisions shall not apply to Indo-China. As regards the protectorates,
the French Government promises to recommend to the Government of
Tunis not to make any discrimination against German nationals in the
matter of their admission to and residence in Tunis, and to grant to German
nationals residing in Tunisian territory the enjoyment of rights which are
granted to the nationals of the various Powers; piovisions relating to
Morocco deal only with mercantile vessels and customs regulations. This
treaty recalls the fact that as regards residing in territories under a French
mandate, Germans enjoy the advantages secured by the provisions of the
Pact and by the terms of the mandate to all inhabitants of States Members
of the League of Nations.
Reference should also be made once again to the Treaty of
28 September 1896 between France and Italy relating to the residence of Italians in Tunis and of Tunisians in Italy, to the
Franco-Italian Declaration of 28 October 1912 concerning the
mutual relations of the two countries in Libia and Morocco and
to the Hispano-Italian Declaration of 4 May 1919 on the same
subject; the Commercial Treaty of 25 April 1886 between China
and France containing provisions for the residence of Chinese
in Annam and of Annamites in China (Articles 4 and 16), and the
Protocol on Residence signed by France and Japan on 30 August
1927, which regulates the residence of Japanese in ludo-China.
240
SPECIAL PROBLEMS
A fair number of treaties also deal with the residence in Egypt
of nationals of different countries. These different treaties are
referred to in Chapter VI.
The enforcement of treaties concluded by the colonising
Powers, and of the multilateral conventions to which they give
their adhesion, constitutes a very complicated problem which
cannot be studied in detail here; the situation varies with the
political constitution of each country. On the whole, it appears
to be a general rule that treaties are oidy applied to colonial
possessions where such enforcement is expressly provided for
by the treaty.
In the course of this work there has been occasion to refer to
several bilateral treaties the scope of which has been extended to
cover countries that are dependencies of one of the contracting
Parties, in virtue of one of the Articles in the treaties. The
contrary is also sometimes the case, that is to say, a treaty may
contain a provision expressly stipulating that it will not be enforceable in the colonial possessions of the Parties; an example of
this is the Franco-Italian Labour Treaty of 80 September 1919.
But it also sometimes happens that the provisions of a treaty
are extended after its conclusion to cover certain countries which
are dependencies of one of the contracting Parties, in virtue of
an agreement between these Parties. By means of such agreements, the whole of the relations previously established by treaty
between the two States may all at once be extended to cover
a particular zone. Thus, for instance, a Declaration made by
France and Italy in 1916 extended all Franco-Italian treaties
to Morocco. A similar agreement signed by Spain and Switzerland on 4 August 1926, extended all treaties and conventions in
force between Spain and Switzerland to the Spanish zone in
Morocco, including the Residence Treaty of 14 November 1879,
which in consequence governs the residence of Swiss citizens in
that zone.
As a rule, contracting States when ratifying or adhering to
multilateral treaties define the scope which they intend their
provisions to have with regard to territories governed by them.
On this subject, the rule laid down by Article 421 of the Treaty
of Versailles and the corresponding Article in the other Peace
Treaties, with regard to the enforcement in colonial empires of
COLONIAL EMIGRATION
241
Conventions adopted by the International Labour Organisation,
are of importance.
The Article in question states that “the Members of the International
Labour Organisation undertake to apply Conventions which they have
ratified to their colonies, protectorates and possessions which are not fully
self-governing with the following reservations ; (1) except where owing to
the local conditions the Convention is inapplicable; (2) subject to such
modifications as may be necessary to adapt the Convention to local conditions. 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”. All Labour Conventions
contain a clause according to which the Parties undertake to secure such
application with the above-mentioned reservations.
The situation of the British Empire in respect of the effect
given to treaties and conventions within the Empire is exceedingly complicated, as a result of the different degrees of autonomy
enjoyed by the different parts of that Empire and the latitude
left to them in the matter of negotiating and signing separate
treaties, of ratifying treaties concluded by G reat Britain in their
own name or of individually adhering to multilateral conventions.
It should be called to mind in this connection that the considerations which are normally to govern the political activity of
the Empire in the matter of foreign relations have been recently
defined by the Imperial Conferences of 1923 and 1926
The stage of development reached by territories placed under
the tutelage of another State further influences the type of
treaty which is concluded respecting such territories. When the
population of such countries has not attained the same degree of
civilisation as European populations, it sometimes happens that
the nationals of European States are placed, as regards the conditions of their residence, on a footing of equality not with the
inhabitants of the country itself, but with the nationals of the
colonising Power. Some examples of such regulations have
been quoted in § 1 of Chapter VI.
Further, in order to apply common principles in their respective
colonies with a view to promoting the well-being of the populations placed under their care, the colonising Powers possessing
African colonies have concluded an agreement, of which the
provisions were inserted in the Final Act of the African Conference at Berlin in 1885.
ï Imperial Conference, 1923 : Summary of Proceedings, Nov. 1923, from p. 13 onwards.
-— Idem, 1926 : Summary of Proceedings, Nov. 1926, fromp. 20 onwards.
16
I
242
SPECIAL PROBLEMS
The Convention signed at St. Germain-en-Laye on 10 September
1919 with the object of revising and completing the general
Act of Berlin of 1885 and the Brussels Act of 2 July 1890 has
finally, in Article 11, established the. following provisions ;
The Signatory Powers exereising sovereign rights or authority in African
territories will continue to watch over the preservation of the native populations and to supervise the improvement of the conditions of their moral
and material well-being. They will protect and favour, without distinction
of nationality or of religion, the religious, scientific or charitable institutions
and undertakings created and organised by the nationals of the other Signatory Powers and of States Members of the League of Nations which may
adhere to the Convention, which aim at leading the natives in the path of
progress and civilisation. Scientific missions, their property and their
collections shall likewise be the objects of special solicitude. Freedom of
conscience and the free exercise of all forms of religion are expressly guaranteed to all nationals of the Signatory Powers and to those under the jurisdiction of States Members of the League of Nations which may adhere to
the Convention. Missionaries shall have the right to enter into and to
travel and reside in African territory with a view to prosecuting their
calling. The application of those provisions shall be subject only to such
restrictions as may be necessary for the maintenance of public security and
order, or as may result from the enforcement of the constitutional law of
any of the Powers exercising authority in African territories.
Bilateral treaties have subsequently extended the rights and
advantages granted to nationals of the Signatory Powers to the
nationals of Powers that were not parties to the Convention, as
regards certain territories.
For example, the Declaration by France and Switzerland of 18 May 1922,
regulating the position of Swiss nationals in French Equatorial Africa may
be quoted, the Convention regulating the position of Swiss nationals in the
Belgian Congo concluded by Belgium and Switzerland on 16 February 1923,
and the provisions inserted by Great Britain and Italy in the Treaty of
15 July 1924 fixing the boundaries of their respective territories in Africa,
which institutes the same rights for Italian subjects as regards Zanzibar.
A study is being made at the present moment by the International Labour Office. It aims at the conclusion of an International Convention instituting regulations relating to the treatment of native workers particularly as regards labour contracts,
which regulations are to be applicable to subjects of foreign
colonies.
Further reference should be made to the very special case
provided by the regulation of the recruitment of natives of the
New Hebrides. Owing to the joint administration of the islands
by Great Britain and France, these regulations were made by
agreement between these two Powers. Here, therefore, there
is no question of an agreement with regard to migration to and
COLONIAL EMIGRATION
243
from the territories of the two contracting States, but of a kind
of legislation relating to migration and labour, enacted jointly
by two Powers administering one country.
The first Convention for the purpose of laying down rules for
this joint administration was signed by France and Great Britain
on 20 October 1906. A protocol dated 6 August 1914 introduced
certain modifications.
According to the new regulations a recruiting licence issued by the Resident
Commissioner representing the Signatory Power under whose flag the vessel
in question is sailing is required for persons desiring to reeruit native labourers.
In the case of professional recruiters, the recruiting licence is only issued
on the deposit of £80 as security. Recruiting licences are valid for one
year only. Any recruitment of natives by means of fraud or personation or false assertion of oiflcial authority, or by means of immoral indueements, or by the abuse of the needs, weakness, or passions of the natives
or by the öfter of alcoholic liquors or of prohibited arms or ammunition,
shall be punishable. Every master of a ship shall be bound to present
himself before the agent of the Power of which he is a dependant before
leaving a district in which he has recruited any native labourers accompanied
by the natives recruited by him. The agent must satisfy himself that
recruitment has been carried out in accordance with regulations, and
in particular that the natives fully understand the meaning of their engagement and are physically fit. Should the agent consider that all the necessary
conditions have not been fulfilled in the case of any native recruited, the
native must be repatriated at the expense of the recruiter. The two Resident
Commissioners acting conjointly may prohibit or restrict recruiting in the
whole or part of any island or islands for such period as they may consider
such prohibition or restriction necessary (Article 31).
Every master of a recruiting vessel must keep a register of engagements.
Married women can only be engaged with their husbands or in order to
join their husbands if the latter have been engaged previously. Unmarried
women can only be engaged with the consent of the Head of the Tribe and
of the agent of the administrative district, or, if there be no agent, of the
French or British Inspector of Labour, according to the law applicable to the
recruiter.
Children can only be engaged if, in the opinion of the Resident Commissioner or of the agent concerned, they appear capable, having regard to
their age or physical development, of carrying out the work for which they
are engaged (Article 33).
No engagements are to be concluded for more than three years; they
date from the day on which the labourer lands in the island where he is to
be employed, but the time spent on board ship by the labourer shall count
for wages (Article 34).
The regulations lay down the formalities to be observed in case of the
death of a person recruited.
A native recruited who, on landing, is found to be in a state of health
such as to incapacitate him for his work shall be cared for at the expense
of the recruiter, and the time spent in hospital and the time during which
he is unable to work shall be included in the term of engagement (Article 36).
A recruiter who is acting as an agent for other persons cannot divest
himself of his responsibility for the natives whom he has engaged until the
signature of the employer has been affixed to the register of engagements,
which must be kept by every captain of a recruiting vessel. This register
has to be inspected and verified by the competent authorities (Article 38).
Every engagement of a native labourer is to be notified by his employer
244
SPECIAL PROBLEMS
within three days from the date of landing ; at the termination of the period
of his engagement the labourer is not to enter into a fresh engagement
without an authority in writing from the competent Resident Commissioner
or his substitute. This authority is only to be given after the native has
been examined in the presence of the employer, two non-native witnesses
and two native witnesses, selected as far as possible from the same tribe
as the labourer, and if the latter, of his own free will, declares that he
wishes to re-engage for a term not exceeding one year. It is to be
renewable on the same conditions (Articles 39 and 40).
Every employer must keep an individual engagement book up to date
containing the conditions of employment for each labourer in his service.
The days of absence from work on account of illness are entered in the
record by the employer and also any other days of absence (Article 41).
Time lost through absence without good cause is added to the term of the
engagement. A labourer may further be retained after his term of engagement expires as a punishment for breaches of discipline for which he has
been duly sentenced, but the additional period is not to exceed two months
for each year of engagement (Article 42).
Transfers of a contract of engagement must be freely accepted by the
labourer and authorised by the competent authority. Employers must
treat their labourers with kindness and supply them with sufficient food,
according to the custom of the country, including rice, at least once a day,
as part of their meals. They must further provide their employees with
shelter, clothing, and medical care in case of illness (Articles 43-46).
Labourers cannot be obliged to work except between sunrise and sunset
and must have at least one clear hour of rest at the time of their midday
meal. Except for domestic duties and the care of animals, labourers cannot
be obliged to work on Sundays. Wages are to be paid exclusively in cash,
payments must be made either before the competent authority or in the
presence of two non-native witnesses, who must sign the labourer’s engagement book; the employer must also sign it. Part of the wages may be
deposited by the employers with the competent authority to be paid subsequently to the labourer on demand, either during the term of engagement
or at the expiration of such term (Articles 45-47).
Any labourer who has given just cause of complaint may be punished by
the competent authority. No one is to employ in his house or take on
board any vessel a labourer who has left his employer without permission
{Articles 48 and 49).
Every labourer who has completed his term of engagement and who has
not entered into a fresh engagement is to be returned to his home at the
expense of the employer. He must be taken back to the actual place where
he was recruited, or if this is impossible to the nearest place. In the case
of unjustifiable delay exceeding one month, the competent authority is to
provide, at the expense of the employer, for the return of the labourer to
his home (Article .59.)
In case of persistent ill-treatment, the competent authority has the right
to cancel the contract and repatriate the labourer at the expense of the
employer. This may also be done if the labourer did not freely consent
to the engagement, or if he did not clearly understand its terms. In that
case the expenses of repatriation shall be borne by the recruiter or employer.
The names of labourers returned to their homes are entered on a register
kept by the master of the vessel conveying them in a similar form to the
register of workers engaged. The signature of the employer upon the
register shall be proof that the labourer to be repatriated has been handed
over to the master of the vessel (Articles 50 and 52)
The competent authority has the right to conduct all enquiries regarding
the recruitment and engagement of native labourers.
Any complaints which a native may wish to make to the administrative
authorities are to be addressed to the Resident Commissioner of the Power
of which the employer is a dependant (Article 54),
MIGRATION UNDER THE MANDATORY SYSTEM
245
Non-natives may employ natives without restriction, provided that they
are not engaged for more than three months and are not removed to an
island more than ten miles from the island of their tribe.
This provision does not apply in the case of natives who are known to
have served non-natives for at least five years, and who can easily make
themselves understood in a European language or in the vernaeular in use
between non-natives and natives (Artiele 55).
The agreement finally lays down the penalties corresponding to breaches
of the provisions described, with a view to securing the enforcement of the
provisions of the Convention relating to the employment of native labour.
It is provided that the two French and British Resident Commissioners may
appoint inspectors of labour, who ate to supervise the employment of native
labour on the plantations and properties of nationals of the two Powers.
§ 4.—Migration under the Mandatory System
The mandates conferred by the Council of the League of Nations
on Powers assuming the responsibility of administering the
territories placed in their charge in conformity with Article 22
of the Treaty of Peace comprise undertakings on the part of
the mandatory Powers towards the League of Nations of an
international kind and which resemble treaties. Some of these
undertakings relate to conditions of residence in the territory
under mandate and to other matters connected w ith the regulation
of migration.
As a result, although the mandatory Power can pass legislation
to regulate immigration, and though a large number of laws and
regulations relating to this subject have in fact been framed
(see Volumes I and II of the present work), the Powder must
nevertheless, when drawing up such regulations, conform to
the conditions imposed in its marídate.
These conditions vary slightly in accordance with the type of
mandate conferred, which in its turn depends on the stage of
development reached by the people inhabiting the territory,
the economic conditions and other circumstances.
Article 22 of the Peace Treaty defines three principal types
generally known as A Mandates (territories detached from the
former Ottoman Empire), B Mandates (former German colonies
in Africa, with the exception of South-West Africa), and C Mandates (former German colonies of South-West Africa and the
Pacific Islands).
As regards residence the most detailed provisions are to be
found in B Mandates
According to the terms of these mandates
1 Cf. Leaoue of Nations : C.449(l)a, M.34I (a), (tí), (c), (d), (e) and ((,) VI.
246
SPECIAL PROBLEMS
the mandatory Power shall secure to all nationals of States
Members of the League of Nations the same rights as are enjoyed
by his own nationals in respect of entry into and residence in
the territory, the protection afforded to their person and property,
the acquisition of property, movable and immovable, and the
exercise of their profession or trade, subject only to the requirements, and on condition of compliance with the local law; the
mandatory Power shall ensure to such nationals freedom of
transit and navigation, and complete economic, commercial
and industrial equality; provided that the mandatory shall be
free to organise essential public works and services on such terms
and conditions as he thinks just. Concessions for the development
of the natural resources of the territory shall be granted by the
mandatory, without distinction on grounds of nationality between
the nationals of all States Members of the League of Nations.
A Mandates, without comprising such detailed provisions
regarding conditions of residence on the part of nationals of
States Members of the League of Nations, nevertheless contain
provisions relating to equality of treatment as between nationals
of States Members of the League of Nations and nationals of the
mandatory Power, particularly in matters concerning taxation,
commerce or navigation, the exercise of industries or professions,
the treatment of merchant vessels or civil aircraft, and the
freedom of transit ; further, the mandatory shall adhere on behalf
of the Administration of Palestine to the International Convention
respecting freedom of transit and navigation as well as to other
conventions already existing, or which may be concluded with
the approval of the League of Nations, respecting some matters
specially enumerated.
The French mandate for Syria and Lebanon ^ also contains
the^ clause quoted above relating to concessions for the development of natural resources without distinction of nationality
between nationals of all States Members of the League of Nations.
A Mandates taken as a whole also establish equal rights between
nationals of States Members of the League of Nations in the
matter of excavations and archaeological research.
C Mandates *—-in virtue of which a mandatory has full power
1 Cf. League of Nations : C.528, M.313, 1922, VI.
2 Cf. IDEM : 21/31/U, A. B. C. D. and E„ VI.
MIGRATION UNDER THE MANDATORY SYSTEM
247
of administration over the territory confided to him as an integral
portion of his territory—do not comprise any obligation relating
to the residence of nationals of States Members of the League of
Nations. But, like the mandates in the other two series, they
contain provisions which aim at facilitating the zvork of religious
and charitable missions without distinction of religion or nationality, subject to the maintenance of public order and public
morals. B Mandates, which are specially definite on that subject,
ensure that all missionaries who are nationals of States Members
of the League of Nations shall be free to enter the territory and
to travel and reside therein, to acquire and possess property, to
erect religious buildings and to open schools.
The British Mandate for Palestine ^ is of special interest from
the point of view of migration, as one of the objects of the mandate
is to put into effect the declaration made by the British Government, and adopted by the chief Powers, in favour of the establishment in Palestine of a national home for the Jewish people, it
being clearly understood that nothing should be done which might
prejudice the civil and religious rights of existing non-Jewish
communities in Palestine, or the rights and political status enjoyed
by Jews in any other country. With this object the mandatory
shall be responsible for placing the country under such political,
administrative and economic conditions as will secure the
establishment of the Jewish national home and the development
of self-governing institutions, and also for safeguarding the civil
and religious rights of all the inhabitants of Palestine, irrespective
of race and religion (Article 2). According to Article 6, the
Administration of Palestine, while ensuring that the rights and
position of other sections of the population are not prejudiced,
shall facilitate Jewish immigration under suitable conditions,
shall encourage close settlement by Jews on the land, including
State lands and waste lands not required for public purposes,
in co-operation with a Jewish agency referred to in Article 4—^the
Zionist Organisation—whose rôle it is to advise and co-operate
with the Administration in such economic, social and other
matters as may affect the establishment of the Jewish national
home and the interests of the Jewish population in Palestine.
According to Article 7, moreover, the Administration of Palestine
1 Of. League op Nations : C.529, M.314, 1922, VI.
248
SPECIAL PROBLEMS
shall be responsible for enacting a nationality law so framed as to
facilitate the acquisition of Palestinian citizenship by Jews who
take up their permanent residence in Palestine.
Further, in all three types of mandates, stipulations relating
to the suppression of the slave trade are encountered.
While A Mandates merely impose an obligation on the mandatory to adhere to any international agreements in respect of the
slave trade already existing, the mandates in the other two
groups, which are concerned with territories where the danger of
the trade is more acute, lay down in greater detail the obligation
on the part of the mandatory to secure the suppression of all
forms of the slave trade and the prohibition of forced labour
except in certain specified circumstances.
It should finally be noted that States non-Members of the
League of Nations, and especially the United States and Turkey,
have concluded treaties with several of the mandatory Powers
for the purpose of extending to their nationals the advantages
with regard to residence which these Powers under the terms of
their mandates must confer on the nationals of States Members
of the League of Nations.
§ 5.—The Miération of Refugees, Optants, Persons
Exchanged, etc.
Civil and international wars have always been a cause of
abnormal population movements, but the wide extent of the
last war, which was further complicated by several revolutions,
and the profound modifications wrought by it in the political
texture of Europe, have caused these movements to assume
unheard of proportions and to continue for a considerable period
after the cessation of hostilities. The shifting of populations
which took place at that time has created a whole series of
different problems, of an eminently international order, and in
their solution the method of international agreement has had to
be adopted.
To those problems which have already been solved only a
passing reference need be made ; such as the repatriation of
prisoners of war and of civilian hostages, which question has been
the object of numerous provisions inserted either in the Peace
THE MIGRATION OF REFUGEES, OPTANTS, ETC.
249
Treaties, in speeial agreements or even in multilateral agreements
concluded under the auspices of the League of Nations. This
work has now come to an end. But other movements of population are not yet completed or have left practical difficulties
in their wake which have to be settled by international agreement.
Some of these agreements at the present moment are still in
process of execution or even in course of preparation. Attention
will be directed to three problems in particular : the question of
refugees, the problem of options for particular nationalities, and
the exchange of minority populations.
(a) Refugees
The need for arriving at a satisfactory solution with regard
to the problem of refugees driven from their homes as a result
of the war, the Russian Revolution and the troubles which
continued to disturb the Near East for several years after the
war came to an end, was an extremely urgent one. The precarious situation of these unfortunate people who were uprooted
from their homes has led to a series of international agreements,
the end of which does not yet seem in sight.
The countries (Baltic States, Germany, Austria, Greece, Turkey,
Bulgaria, Rumania, Poland, Serb-Croat-Slovene Kingdom,Czechoslovakia, China, Syria) which, on account of their geographical
situation, received the bulk of the political refugees were not
capable of absorbing more than a part of them. The floating
mass of these unfortunate people, most of them without any
means of support, threatened to bring about an economic and
social catastrophe, of which it was impossible to foresee the
international repercussions. To this consideration another one,
prompted by a sense of justice was added; it was impossible to
leave countries which, from motives of hospitality, had saddled
themselves with a burden beyond their strength with the task
of resolving a situation, the causes of which were extremely
complex and the responsibility for which was obscure.
The Council of the League of Nations, therefore, so as to solve
the problems presented by the presence of refugees through
co-ordination of the efforts of different Governments, decided
in June 1921 on the creation of a High Commissariat, and since
that date the League of Nations has continued to examine these
250
SPECIAL PROBLEMS
questions, thus undertaking an extremely important philanthropic work. These efforts of the League are concerned on the
one hand with Greek, Turkish and Bulgarian refugees driven
from their homes by the war or returned to their homes in virtue
of the Greco-Bulgarian and Greco-Turkish Conventions on the
exchange of populations (see below, pp. 255-257), on the other
hand with Russian, Armenian, Assyrian, Assyro-Chaldean,
Syrian and Kurdish refugees.
The problem of the assistance to be rendered to these refugees
presented a financial and a judicial aspect.
Financial Organisation
With regard to the financial side of the question, several
agreements are to be noted : in the first place, the League of
Nations and the High Commissariat for Refugees have played
a most important part in the measures taken with the object of
furnishing immediate assistance in the matter of transferring
refugees and of providing for their provisional settlement, though
no formal treaties can be quoted in this connection.
In order to procure the necessary resources for the settlement
of these refugees, different methods were adopted.
The settlement of the Greek refugees was effected by means
of the organisation created as a result of the protocol signed by
Greece under the auspices of the League of Nations on 29 September 1923.
In this protocol Greece promises the League of Nations to establish a
Refugees Settlement Commission with the object of assisting the refugees
on that country’s territory to find occupations capable of providing them
with their means of livelihood. The Hellenic Government undertook to
assign to that Commission 500,000 hectares of land suitable for this purpose
in regard to both its character and situation and to raise a loan or loans
not exceeding £6,000,000, the revenues of which were to furnish the resources
required by the Commission. The Organic Statute of the Greek Refugees
Settlement Commission, annexed to the protocol, stipulated that the
Commission was established as a legal person, should not be dependent
upon any Greek executive or administrative authority, but should be
completely autonomous in the exereise of its functions. The Commission
was to be composed of four members; two Greek members appointed by
the Hellenic Government, with the approval of the Council of the League
of Nations, one member appointed by the Council of the League of Nations
and a fourth member who was to be the Chairman of the Commission and
must be a national of the United States of America representing the relief
organisations. The Commission receives and holds in full ownership the
lands which the Hellenic Government undertakes to transfer to it for the
settlement of refugees. In an Additional Act dated 19 September 1924
THE MIGRATION OF REFUGEES, OPTANTS, ETC.
251
it was laid down that the Commission might also utilise other lands, speeifled
in the Act, for the settlement of refugees, the rights ovei which were to be
secured by other means (perpetual lease, etc.) and especially lands which
formerly belonged to Turks, liberated as a result of the Convention on the
exchange of Greek and Turkish populations, as soon as those lands had
been assigned to the Commission by the Hellenic Government and even
before de jure ownership had been acquired.
The Refugee Settlement Commission communicates every three months
a report upon its operations to the Hellenic Government and to the Council
of the League of Nations and simultaneously publishes such report ; further,
it annually publishes and forwards to the Council of the League of Nations
audited accounts of its income and expenditure. The financial administration of the Commission is placed under the control of the International
Financial Commission established by the “Law on International Control”,
of 26 February 1898. By a Declaration appended to the Protocol France,
Great Britain and Italy empower their representatives on the Commission
to assume these new functions.
The settlement of refugees in Bulgaria has also led to the conclusion of an international agreement, which establishes an organisation with similar objects but employing rather different
methods.
The Protocol of 9 September 1926 regulates the conditions under which
the League of Nations undertakes to control the issuing of a loan of £2,260,000
by the Bulgarian Government for the settlement on the land of refugees in
Bulgaria. This Protocol provides in particular for the appointment of a
Commissioner by the League of Nations, to whom the Council of the League
of Nations may give all necessary instructions as to the performance of his
functions within the terms of the Protocol and the scheme of settlement as
laid down in the reports of the Financial Committee of the League of Nations
dated 9 June, 23 July and 6 September 1926, approved by the Council.
The Commissioner must submit to the Council not less frequently than once
every three months reports upon the settlement operations, as well as annual
accounts of the expenditure of the settlement loan. Further, trustees
representing the interests of the bondholders of the loan are appointed
by the Council of the League of Nations to receive payments connected with
the service of the loan and to control the reserve fund created to secure
regular payments.
The Protocol specifies the revenues which the Bulgarian State is to furnish
as securities for the loan. It expressly lays down the purpose for which
the loan may be used : the supplying to refugees of implements required
for their settlement; housing, reclamation of land, improvement of communications and in exceptional cases loans in cash to refugees, but only on terms
of repayment.
The Bulgarian Government undertakes to centralise all the services and
organisations dealing with refugees under one authority. To the central
authority so constituted, the execution of the plan of settlement is entrusted
after it has been approved by the High Commissioner. The Bulgarian
Government further undertakes to provide not less than 132,000 hectares
of land suitable for agricultural settlement.
As regards the creation of the resources required for the
settlement of other classes of refugees—for instance, the Armenian and Russian refugees—in whose case circumstances did
252
SPECIAL PROBLEMS
not call for settlement in a partieular area, a different procedure
has been adopted.
The Arrangement of 12 May 1926 relating to identity certificates for these
refugees contains a clause in Article 9 to the effect that, in addition to the
fees payable in each country according to national legislation for the issue
either of an identity certificate or for an identity card or permis de séjour,
a charge of 5 gold francs shall be made for the benefit of the revolving fund
created by the League of Nations. This fee is charged, at the discretion
of the States, either for the issue of one or other of these documents or for
both of them, in order to ensure that the fee shall be paid by all Russian
and Armenian refugees, except those who are without means.
Relief funds are also furnished by the credits opened by the different
Governments for the evacuation of refugees from their territories and by
contributions from private societies for the settlement of refugees on the
land as farmers (for instance, in fVance, Syria and Erivan)
In connection with the settlement of refugees in France the agreement
concluded on 21 December 1928 between the High Commissariat of the
League of Nations for Refugees and the National Agricultural Credit Fund
is of special interest. By its terms the High Commissioner undertakes
to guarantee short term and moderate term loans granted by French agricultural mutual credit societies to Russian refugees on whose behalf the High
Commissariat applies for a loan, up to a maximum amount of one million
francs. Provision is made for co-operation between the Parties for the
purpose of securing or facilitating the repayment of the loans made on these
conditions to such refugees.
Legal Provisions
Several international agreements have been concluded for the
purpose of solving the legal problems raised by the situation of
the refugees. The most urgent problem to be solved was that of
identity papers. The possession of a passport, or a document to
take its place, was in fact a preliminary condition to any international transfer of the refugees. They either possessed no
papers at all or else such papers as they had were not recognised
by States or had lapsed. A solution was first of all sought in
the case of the Russian refugees. At the suggestion of the
French Government, the High Commissioner for Refugees,
Dr. Nansen, convened an International Conference, which adopted
the text of an agreement, reference to which is made in Chapter IV
(§4). This agreement has so far received fifty-one signatures,
and in the matter of adhesions holds first place among international agreements concluded under the auspices of the League
of Nations.
1 LEAOÜB OF Nations, Conference on Russian and Armenian Rbfuoee Questions :
A.29, 1926, VIII, 5 (C.327, 1926, and C.367 (1), 1926), p. 4.
THE MIGRATION OF REFUGEES, OPTANTS, ETC.
253
When the practieal value of the identity certificate issued to
Russian refugees had been proved, a similar measure was decided
on with regard to Armenian refugees of Turkish origin. On
31 May 1924 the Council of the League adopted a draft identity
certificate for Armenian refugees.
For the purpose of introducing certain improvements proved
to be desirable by the experience of several years, a new International Conference was called following a resolution of the
Sixth Assembly, which Conference met at the beginning of May
1926. The text adopted by this Conference recommended more
especially that return visas should be affixed on identity certificates, valid for return to the country which had delivered the
passport. So far, twenty countries have notified their adhesion^.
In a resolution adopted at its session of June 1928 the Council
of the League of Nations invites the Governments which have
adopted the Arrangements of 5 July 1922, 31 May 1924, and
12 May 1926, in favour of Russian and Armenian refugees, to
extend the application of those arrangements to Assyrian, AssyroChaldean and Turkish refugees, mentioned in the Report of the
High Commissioner for Refugees^.
A third International Conference met at Geneva from 28 to
30 June 1928, in accordance with a resolution of the Assembly
of the League of Nations, for the purpose of considering various
questions bearing on the legal status of refugees
This Conference adopted a series of recommendations, the first of which
recommends to the High Commissioner to appoint representatives in the
greatest possible number of countries rendering the following services, in
so far as such services do not lie within the exclusive competence of the
national authorities ; (a) certifying the identity and the position of the
refugees; (b) certifying their family position and civil status, in so far as
these are based on documents issued or action taken in the refugee’s country
of origin; (c) testifying to the regularity, validity and conformity with the
previous law of their country of origin, of documents issued in such country;
(d) certifying the signature of refugees and copies and translations of documents drawn up in their own language •, (e) testifying before the authorities
to the good character and conduct of the individual refugee, to his previous
record, to his professional qualifications and to his university or academic
standing; (j) recommending the individual refugee to the competent
authorities, particularly with a view to his obtaining visas, permits to reside
in the country, admission to schools, libraries, etc. The above-mentioned
representatives shall be appointed and shall act in agreement with the
Governments concerned. In countries in which persons or bodies already
1 League op Nations : A.29, 1926, VIII, 5 (C.377, 1926, and C.367 (1), 1926), p. 3.
“Idem: A.33, 1928, VIII, 6, p. 2.
3 Idem : ibid., pp, 2 and 3.
254
SPECIAL PROBLEMS
act unofficially in such a capacity, the High Commissioner may utilise their
services. Each Government shall be free to decide whether documents
issued by such representatives may be recognised as ha'idng an official
character. It is recommended in any case that the Governments shall take
the greatest possible account of such documents and that any fees charged
to refugees in respect of the delivery of documents shall be moderate. It is
understood that the activities of such representatives shall be of an entirely
non-political character and shall involve no encroachment whatsoever on
the duties incumbent on the authorities of the country of residence
The same Arrangement deals with a certain number of points
relating to the legal capacity of persons, which have been examined in Chapter VI ( § 4).
In order to give effect to the recommendation of 30 June 1928,
the Belgian delegate, in the name of his Government, has drawn
up the text of an agreement which is open to the adhesion of all
Members of the League of Nations and of all States non-Members.
(h) Options foe Particular Nationalities
The right of option granted to inhabitants of the territories
which, in virtue of the Peace Treaties of 1919 and 1920, were
annexed to other States or declared to be independent has likewise been a cause of considerable movements of population.
For a refusal on the part of the individual concerned to. adopt
the new nationality frequently involved an obligation to leave
the country in which he was domiciled after a longer or shorter
interval. Though these migrations resulting from the right of
option were movements of limited duration and have almost
ceased at the present time, they have been the subject in every
case of agreements between States and it appears desirable to
indicate briefly the chief provisions of those agreements.
Special facilities for the conveyance of the inhabitants and their goods
are generally granted. For instance, the Gemiano-Polish Convention of
15 May 1922 relating to Upper Silesia contains a clause in Article 33 according
to which persons who have opted for one nationality can within twelve
months from the act of option transfer their residence to the territory of
the State for which they have opted, taking with them their movable goods
of every description, free of customs duties. Article 38 provides moreover
for subsequent agreements between the German and Polish Governments
concerning the practical organisation of the emigration and immigration
of optants. A clause relating to exemption from customs duties was also
inserted in the Convention between Germany and Czechoslovakia of 29 June
1920 and in the Convention of 30 May 1926 between France and Turkey
1 League of Nations: Document C.392, 1928,and Hfeli Commissariat, C.S.L., 11/1928(1)-
THE MIGRATION OF REFUGEES, OPTANTS, ETC.
255
concerning the territories detached from the Ottoman Empire and placed
under the mandate of the French Republic. Owing to the difficulties
connected with railway transport, the movable goods which can immediately
be conveyed are sometimes limited to a certain maximum weight. Provisions of this kind are found in the Convention of 12 August 1922 between
Finland and the Union of Socialist Soviet Republics, which limits the weight
of luggage allowed to each migrant to 163 kilograms. The remaining
movable goods can be entrusted to the care of societies or private individuals
until such time as they can be transported later.
The right of optants to retain possession of immovable property is generally
recognised; this is the case in the Agreement of 29 June 1920 between Germany and Czechoslovakia and the Convention of 15 May 1922 between
Germany and Poland; the latter further lays down in Article 34 that the
optants’ property cannot be subject to laws other than those which are
applicable to nationals. The Agreement between Germany and Belgium
of 11 September 1922 is even more definite on the subject. According to
Article 6, persons who have transferred their residence to Germany, having
retained immovable property in the territories acquired by Belgium, are
permitted to enter and stay in Belgian territory in so far as may be necessary
for the administration of the property and in so far as the security of the
State will allow.
(c) Exchange of Populations
One of the grave inconveniences resulting from the revision of
frontiers has always been the creation of racial minorities in the
territories that have changed hands. The changes resulting
from the last war have not been effected without leaving behind
or even in some cases creating foreign elements of population
within the territories of nations whose boundaries have been
determined by the peace treaties. Statesmen in the arrangements made after the war of 1914-1918 employed two methods
to remedy this situation : the protection of minorities through
the introduction of certain guarantees and the exchange of
minority populations.
The first proeess is outside the scope of this study. The
second gives rise to a special type of emigration, the mechanism
of which will be briefiy indicated. The procedure referred to
was adopted by Bulgaria and Greece and by Greece and Turkey
in order to regulate the situation created by the war. The
methods by which the respective minorities were to be exchanged
were the subject of an agreement concluded between Bulgaria
and Greece on 27 November 1919 and between Greece and Turkey
on 30 January 1923, supplemented by an agreement of «1 December
1926.
The object of both these agreements is the exchange of the
respective minorities, but whereas the Convention between
256
SPECIAL PROBLEMS
Bulgaria and Greece, though seeking to facilitate emigration,
leaves individuals free to emigrate or not, the Convention between
Greece and Turkey provides for the compulsory repatriation of
Turkish and Greek minorities as a whole, excepting only certain
strictly defined classes of individuals.
The Greco-Bulgarian Convention first of all recognises the right of those
of the subjects of the contracting Parties who belong to racial, religious or
linguistic minorities, to emigrate freely to their respective territories; the
Convention is also open to the adhesion of other States having a common
frontier with one of the signatory States. The Parties undertake not to
place any direct or indirect restriction on the right of emigration; laws or
regulations to the contrary shall be deemed to be without effect. The
right of emigration belongs to every person over eighteen years of age,
emigration on the part of a husband implies that of a wife ; emigration on
the part of parents or guardians that of their children or wards under
eighteen years of age. No obstacle shall be placed in the way of the departure of a voluntary emigrant unless he has been sentenced to a term of
imprisonment for an infraction of ordinary law. Further, movable property of every kind taken with them by emigrants shall be free of all
export or import duties.
A Mixed Commission is created composed of one member nominated by
each of the contracting States and by an equal number of members of a
different nationality, from among whom the president is chosen, and who
are nominated by the Council of the League of Nations.
The Commission is to have the duty of supervising and facilitating the
voluntary emigration referred to in the Convention, of liquidating the real
property of emigrants, both rural and urban, and in general of taking the
measures rendered necessary by the Convention and to decide all questions
to which it might give rise.
The Greco-Turkish Convention of 1923 provides, as stated above, for a
compulsory exchange of Turkish nationals of Greek Orthodox religion
established in Turkish territory and of Greek nationals of Moslem religion
established in Greek territory. These persons cannot return to live in
Turkey or Greece without the authorisation of the Turkish Government or
of the Greek Government respectively. Greeks already established in the
district of Constantinople before 30 October 1918 and Moslems established
in Thrace east of the frontier laid down in 1913 by the Treaty of Bucharest
are not included in the exchange. No obstacle may be placed in the way
of the departure of a person belonging to the populations to be exchanged,
but neither may any pressure be put on these persons to make them leave
their homes or abandon their property before the date fixed for their departure. Emigrants are free to take away their movable property with them
without being liable to any export or import duty or any other tax ; or
leave behind all or part of that property in the country which they are
leaving. In the latter case the local authorities must draw up an inventory
of such property, the emigrant being given an opportunity to be heard.
As in the case of the Greco-Bulgarian agreement, a Mixed Commission
is created, consisting of four members for each of the two contracting Parties
and three members chosen by the Council of the League of Nations from
among nationals of Powers which did not take part in the war of 1914-1918,
the presidency being exercised in turn by each of these three neutral members.
The duties of the Commission are to supervise and facilitate emigration and
to carry out the liquidation of the emigrants’ property according to methods
laid down by the Commission itself. The property abandoned by the emigrants is placed at the disposal of the Government on whose territory it is
situated, and its value constitutes a Government debt from the country
FRONTIER TRAFFIC
257
■where the liquidation takes place to the Government of the country to
which the emigrant belongs. The emigrant is entitled to receive from the
Government of the country to which he emigrates property of an equal
value to and of the same nature as that which he has left behind. A supplementary Agreement dated 1 December 1925 determines the methods of
repurchase of this property by the Government concerned, regulations as
to valuation, etc.
The Greco-Bulgarian and Greco-Turkish Conventions stipulate that
«migrants lose the nationality of the country which they are leaving and
acquire that of the country of destination upon their arrival in the latter
country.
§ 6.—Frontier Traffic
It frequently happens that adjacent States mutually agree
to establish a special system of regulations, less rigid than the
ordinary emigration and immigration regulations, to enable the
inhabitants of a particular zone to pass to and fro across the
frontier; the size of the zone varies considerably in different
countries, but it is generally carefully defined by such treaties.
This zone, in the case of Estonia and Latvia, comprises 17 kilometres on
■either side of the frontier (Agreement of 10 January 1924) ; it is 15 kilometres
wide in the case of Austria and Hungary (Agreement of 14 July 1926);
10 kilometres in that of Austria and the Serb-Croat-Slovene Kingdom (Agreement of 3 September 1925) ; 5 kilometres in that of Turkey and Syria (Agreement of 30 May 1926), etc. The persons able to profit by the facilities
granted by these agreements are the “inhabitants” of the zone described;
it is often laid down that as such are understood persons who have been
domiciled in the district during a stated period : a year in the case of the
Franco-Italian Agreement of 7 December 1918 and the Franco-Soar Agreement of 13 November 1926, six months in the Latvia-Lithuanian Agreement of 18 October 1924, and three months in the Agreement of 10 January
1924 between Estonia and Latvia.
These agreements generally substitute a “laissez-passer” or a
special certificate for a passport or sometimes even a family
identity card; the different documents are issued by the local
authorities and are generally less costly than a passport. The
holders of such papers have a right to travel freely within the
zone indicated and can often utilise the routes that are most
convenient to them even outside the normal frontier zone.
They often enjoy fairly extensive exemption from customs
duties as well. ,
But it is tacitly understood that the special permits granted
to the inhabitants of the frontier zone are only valid for a temporary stay in the other country and cannot be used to cross the
frontier with the object of permanently residing on the other
17
258
SPECIAL PROBLEMS
side; treaties often make express stipulations to this effect
{Germany-Denmark : Agreement of 23 October 1920; GermanySaar : Protocol concerning customary rights with regard to
the frontier, 13 November 1926). Often the length of stay authorised is indicated; three consecutive weeks in the case of the
Germano-Danish Treaty; five consecutive days in the Treaty
between Latvia and Lithuania, but as a rule six consecutive
days, that is to say, a working week.
Generally, different types of permits are issued, varying
according to the duration of their validity and to the privileges
conceded; for instance, the Agreement concluded between
Germany and Poland on 30 December 1924 creates three different
permits.
Some of these permits more directly concern workers as such,
and are in the nature of permanent permits issued to facilitate
their work; the holders in fact in such cases may be in the position
of emigrant workers.
Workers’ travelling permits are issued to various classes of
workers : to individuals engaged in the liberal professions who
are authorised to exercise them regularly or in cases of urgency
in the frontier zone of the contracting Party, such as doctors,
midwives, veterinary surgeons, priests ; to merchants and artisans
authorised to carry on their trade on both sides of the frontier,
as for instance, carters and hawkers ; to landowners or farmers
residing on one side of the frontier who possess or cultivate lands
on the other side, with their agricultural workers; finally, to
workers residing on the one territory who, in virtue of an agricultural or industrial contract, have daily or periodically to enter
the territory of the other Party and who for this reason can be
considered as emigrant workers.
On this subject, the following agreements can be cited lAustria-Czechoslovakia, Commercial Treaty of 4 May 1921, annex A to Article 12; AustriaHungary, Agreement of 14 July 1926; Austria-Switzerland, Commercial
Treaty of 6 January 1926, Article 12 and annex to that Article; BelgiumFrance, Agreement of 4 July 1928; France-Italy, Agreement of 7 December
1918 with relation to agricultural labourers only; Germany-Denmark, Agreement of 12 July 1921 supplementing the Agreement of 23 October 1920;
Germany-Lithuania, Agreement of 16 July 1925 ; Germany-Poland, Convention of 15 May 1922, Articles 237-289 and Agreement of 30 December 1924;
Poland-Czechoslovakia, Agreement of 30 May 1925. These agreements
generally exempt the tools, food, wages in kind, etc., of workers from customs
duties.
The Protocol signed by Germany and France on 14 September 1926, making
special regulations regarding the travelling of workers across the frontier
FEONTIEB TRAFFIC
259
between the Saar and Germany, establishes a particularly detailed regime
with regard to workers in the frontier zone. To cross the frontier these
workers need only present their personal identity card in use in their own
country; this right, nevertheless, does not do away with the necessity of
conforming to the formalities of registration which are customary in the
country where the workers are employed (in the Saar a declaration at the
police office for the purpose of obtaining a permanent permit of residence,
in Germany the issuing of a legitimation card). These workers retain the
right of residence in the place where their homes are established if they
return there every day, week or month, as well as the right to be admitted
to the hospitals and clinics of that country. They can receive their wages,
incomes and pensions without paying any dues and are exempt from customs
duties on their bicycles, their meals—whether cooked or not—their wages
in kind (such as allocations of coal to miners), on a certain quantity of
clothing per year, and if they furnish proof of being married, on their household articles, and on medicines when they are insured against sickness on
the other territory.
An Agreement signed on 4 July 1928 between Belgium and France, on
the subject of workers inhabiting the frontier zone and seasonal workers,
provides, as regards workers in fhe frontier zone, for the creation of a special
travelling card called “identity card of a frontier worker”, issued free of
cost to Belgian workers by the burgomaster of their native commune, on
production of a certificate of good conduct and a certificate issued by the
French industrial establishment which has engaged them or employs them;
this certificate must be endorsed by the competent labour exchange in
France. Once this identity card has been endorsed free of cost by the
same labour exchange, within eight days of its being issued, it exempts
the Belgian worker from the registration formalities imposed on foreigners
by French law.
Certain agreements are eoncerned with soeial insurances for
workers on the frontier; an account of these will be found in
Chapter VII (§ 5), while in Chapter IV (§4, “Passports”) the
special passports issued to batgemen are described. The right
of conveying cattle to pasture lands across the frontier (transhumance) is an ancient and customary right, especially in mountain districts and is often recognised by international custom
without being embodied in definite agreements; nevertheless,
there exist a few agreements which regulate seasonal emigration
to other pasture lands in frontier districts.
The Agreement of Good Neighbourly Relations concluded by France and
Great Britain on 2 February 1926 on the subject of frontier traffic between Syria and Lebanon and Palestine (Article 3), and the Agreement
signed by France and Turkey on 20 October 1921 for the establishment of
peace (Article 13 on frontier traffic between Turkey and Syria and Turkey
and the Greater Lebanon) contain provisions relating to settled or seminomadic inhabitants enjoying grazing or cultivation rights or owning land
on either side of the frontier ; they are to continue to exercise their rights
freely as in the past, and especially they are entitled to cross the frontier
freely with their animals and the natural increase thereof, their tools, the
implements, products of the soil, etc., without paying any customs duties
or dues.
The seasonal emigration of herds and the right of pasturage in a particular
region of the territory of the other contracting Party are also regulated by
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SPECIAL PROBLEMS
Germany and the Belgo-Luxemburg Economic Union in the Agreement of
15 July 1926 on frontier traffic ; by Germany and Denmark in the Arrangement
of 10 April 1922 ; by Liechtenstein and Switzerland in the Final Protocol of
the Treaty of 29 IVhirch 1923, concerning the adhesion of the Principality
to the Swiss Customs Union; and by Norway and Sweden in the Agreements
of 26 October 1905 and 8 April 1913, concerning the rights of nomadic
Lapps to pasturage for their reindeer.
The different agreements providing travelling faeilities in
frontier zones generally contain reservations relating to the
enforcement of public health regulations and police regulations;
in particular the Parties mutually agree to refuse to issue travelling permits to, or to withdraw them from, individuals committing certain serious offences or contravening the provisions
of the agreement by abusing the facilities granted.
It should be noted moreover that the general provisions of
certain agreements establishing absolute freedom of travel
between the territories of two adjacent States are often of special
interest to inhabitants of the frontier zone, especially to persons
residing on the one territory who wish to seek employment on
the other territory.
A typical case of such use made of general provisions is furnished by the
interpretation given on 8 October 1928 by the Supreme Court of the United
States to the provisions contained in Article 3 of the Treaty of Amity,
Commerce and Navigation concluded between the United States of America
and Great Britain on 19 November 1794, called the Jay Treaty after the
American plenipotentiary who negotiated and signed it.
According to the provisions of that Article, which, according to Article 28
of the same Treaty and the additional explanatory Article of 4 May 1796,
“shall be permanent”, it is agreed that it shall at all times be free to His
Majesty’s subjects and to the citizens of the United States and also to the
Indians dwelling on either side of the boundary line, freely to pass and
repass the frontier and to carry on trade and commerce with each other.
The Supreme Court of the United States decided that, in virtue of the rights
accorded by this treaty all Canadian citizens and British subjects who, while
maintaining their domicile in Canada cro§s the border habitually, to work
or seek employment in the United States, are not “immigrants” within
the meaning of the Immigration Act of 1924, hut are “non-immigrants”,
admissible without special formalities, in conformity with section 3, paragraph 2, of that Act
1 U.S. Y. Karmuth, 24 F. (2d), 649, cited by Interpreter Release, Vol. V, No. 36, 16 Oct.
1928. On 8 April 1929, the Supreme Court of the United States declared that certain
Articles of the Jay Treaty of 1794, and in particular Article 3, have been abrogated by the
war of 1812. Consequently, the Immigration Act of 1924 in its strict interpretation
governs the entry of British subjects into the United States over the Canadian frontier
{United States Daily, 9 April 1929).
APPENDIX
CHRONOLOGICAL LIST OF THE PRINCIPAL
TREATIES, AGREEMENTS,
CONVENTIONS, DIPLOMATIC NOTES, ETC.,
ANALYSED IN THE PRESENT VOLUME
For each of the diplomatic instruments mentioned below, the source to
which reference may be made for the original text is indicated in the following order of preference :
1. League op Nations : Treaty Series. Publication of Treaties and
International Engagements Registered with the Secretariat of the League of
Nations.—This collection is indicated by the abbreviation “T.S.”, followed
in each instance by the registration number, the number of the volume,
and the number of the first page of the original text. Translations in
French and in English are given together with the original text, if the latter
is not drafted in those languages. As the registration of every treaty or
international engagement entered into by any Member of the League of
Nations is, immediately after the exchange of ratifications, compulsory,
in conformity with Article 18 of the Covenant, the Treaty Series constitutes
an extremely important source for the study of recent treaties.
2. Intebnational Labour Office : Draft Conventions and Recommendations adopted by the International Labour Conference at its Eleven Sessions
held 1919-1928. Geneva, 1928.—International engagements the texts of
which were drafted by the International Labour Office are not published
in the League of Nations Treaty Series. Accordingly, reference will be
made for any these engagements to the above-mentioned booklet indicated
by the abbreviation ; “I.L.O. : Draft Conventions and Recommendations”,
followed by the number of the first page of each.
3. For texts not published in either of the above collections (e.g., in
particular, international engagements of whatsoever nature entered into
prior to 1919, as retrospective registration with the League of Nations has
only been effected in very rare instances) preference is given to the collection
known as the Recueil Martens (from the name of the author who undertook
its publication). This is a collection which, though non-official, is of a
scientific character and includes numerous texts. It is subdivided into
various parts, which are referred to by the following abbreviations :
(a) Recueil des Traités, by Martens (2nd edition); 8 vols., of which one
is a supplement. Abbreviation : “R.M.”
(b) Nouveau Recueil des Traités, by Martens, continued by Saalfeld, and
afterwards by Murhard; 16 vols. Abbreviation : “N.R.M.”
262
CHRONOLOGICAL LIST OF TREATIES, ETC.
(c) Nouveau Supplement au Recueil de Traités, begun by Martens, continued by Murhard; 3 vols. Abbreviation : “N.S.M.”
(d) Nouveau Recueil général de Traités, begun by Martens, continued
successively by Murhard, Pinhar, Samwer, Hopf, Stoerck, and Triepel.
This part is again subdivided into three series, as follows : Series I, 20 vols.,
abbreviation : “N.R.G.M.”; Series II, 35 vols., abbreviation : “N.R.G.M.,
2nd ser. Series III, 18 vols, up to the present, others to follow, abbreviation : “N.R.G.M., 3rd ser.”.
4. Failing the possibility of reference to any of these three basic collections, the source indicated is either a collection of less important texts
(Hertslet's Commercial Treaties, the Bulletin of the International Labour
Office, Basle, or national collections containing Treaties entered into by
any particular State) or the offleial gazette in which the treaty in question
was published by one of the contracting parties.
5. Moreover, when the text of a Treaty has been included by the International Labour Office in its Legislative Series, this is also indicated by the
abbreviation “L.S.”, followed by the number under which such text was
published. The Legislative Series appears in three languages : English,
French, and German.
The abbreviation : “Exch. rat.” signifies “exchange of ratifications”.
The figures appearing in the right hand column indicate the page of the
present volume where the corresponding text is analysed.
I. BILATERIAL TREATIES ^
Date
1783
3 April
1794
19 Nov.
1796
4 May
1825
2 Feb.
1842
9 Feb.
United States-Sv?eden.—Treaty of Amity
and Commerce (Article 6) [R.M., Vol. Ill,
p. 565].
United States-Great Britain.—Treaty of
Amity, Commerce and Navigation (known as
the Jay Treaty) (Articles 3 and 28) [R.M.,
Vol. V, p. 641].
United States-Great Britain.—^Explanatory Article, relating to Article 3 (of the Jay
Treaty). Exch. rat., 6 Oct. 1796 [R.M., Vol. V,
p. 697].
Argentina-Great Britain.—Treaty of Amity. Commerce and Navigation (Articles 2,
3, 12-14). Exch. rat., 12 May 1825 [N.R.M.,
Vol. VI, p. 670].
Denmark-France.—Commercial Convention [N.R.G.M., Vol. Ill, p. 81]. Additional
Articles, dated 9 Feb. 1910 [N.R.G.M., 3rd ser.,
Vol. VI, p. 889].
in
30, 260
260
231
178
1 As most of the bilateral treaties relating to suppression of the negro slave trade, more
especially those entered into by Great Britain, have been denounced durir^ recent years,
these are not included in the present list. A list of them, together with references to the
volume of the Recueil des Traités (Martens) in which they were published, forms part of the
documentary evidence collected for the purpose of the Brussels Conference held 18 Nov.
1889-2 July 1890 [N.R.G.M., 2nd ser., Vol. XVI, pp. SOetseq.]. Denunciations of these
treaties are indicated in the General Index No. 1. of the League of Nations Treaty Series,
pp. 816 et seq.
BILATERAL TREATIES
1850
25 Nov.
1853
10 July
1853
10 July
1853
10 July
1857
20 Nov.
1858
27 June
1860
24 Oct.
1861
1 July
1863
21 Sept.
1868 ^
22 Fél^
1868
9 July
1868
28 July
1869
26 May
1870
8 Sept.
1870
20 Sept.
United States-Switzerland.—Treaty of
Residence. Exch. rat., 8 Nov.1855 [N.R.G.M.,
Vol. XVI, Part, I, p. 25].
Argentina-United States.—Treaty of Free
Navigation upon the Paraná and Uruguay
Rivers. Exch. rat., 20 Dec. 1854 [Tratados y
Convenciones vigentes en la Nación Argentina.
Ministerios de Relaciones Exteriores y Culto,
1925. Vol. I, p. 23].
Argentina-France.—Idem. Exch. rat.,
21 Sept. 1854 [Ibid., p. 415; and N.R.G.M.,
2nd ser.. Vol. X, p. 294].
Argentina-Great Britain.—Idem. Exch.
rat., 11 March 1854 [Ibid., p. 452].
Argentina-Brazii.—River Convention.
Exch. rat., 20 July 1858 [Ibid., p. 149].
China-France.—Treaty of Amity, Commerce and Navigation (Articles 7-13 and
35-40) [N.R.G.M., Vol. XVII, Part I, p. 2].
China-Great Britain.—Treaty to regulate
the emigration of Chinese coolies. Cf. also
13 May 1904.
France-Great Britain.—Convention ; Emigration of Labourers from India to the
French Colonies [N.R.G.M., Vol. XVII, Part II,
p. 251]. Denounced by Great Britain, 1 July
1921 [T.S., No. 166, Vol. VI, p. 343].
Argentina-Spain.—Treaty of Recognition,
Peace, and Amity (Articles 3, 7, 8 and 9).
Exch. rat., 21 June 1864 [Tratados y Convenciones vigentes en la Nación Argentina, Vol. I,
p. 387].
North German Confederation-United
States.—Convention relating to the Nationality of Emigrants [N.R.G.M., Vol. XIX, p.78].
Argentina-Bolivia.—Treaty of Amity,
Commerce and Navigation (Articles 3 and 9).
Exch. rat., 24 Sept. 1869 [Tratados y Convenciones vigentes. Vol. I, p. 91].
China-United States.—^Additional Articles
to the Treaty of 18 June 1858 concerning
Chinese Immigration [N.R.G.M., 2nd ser.,
Vol. XX, p. 100].
United States-Norway and Sweden.—
Convention : Nationality of emigrants.
Great Britain-Netherlands.—Convention : Immigration of Labourers from India to
the Dutch Colony of Surinam. Exch. rat.,
17 Feb. 1872 [N.R.G.M., Vol. XX, p. 557].
Denounced.
Austria - Hungary-United States.—Naturalisation Convention. Exch. rat., 14 July
1871 [N.R.G.M., Vol. XX, p. 347].
263
86,178
61
61
61
61
88 et seq.
167,190
16S
98, 99,178
98,100
80, 90,181
33
98
169
98,99
264
CHRONOLOGICAL LIST OF TREATIES, ETC.
1871
20 July
Italy-Monaco.—Convention : Legal Aid
for Indigent Persons. Exch. rat,, 6 Jan. 1872
[N.R.G.M., 2nd ser.. Vol. I, p. 321].
Ecuador-United States.—Naturalisation
Convention. Exch. rat., 6 Nov. 1873 [N.R.G.
M., 2nd ser.. Vol. I, p. 93].
Belgium-Spam.—Convention : Legal Aid
(Paupers). Exch. rat., 22 Aug. 1872 [N.R.
G.M., 2nd ser.. Vol. I, p. 177].
Denmark- United States.—Naturalisation Convention. Exch. rat., 14 March 1873
[N.R.G.M., 2nd ser.. Vol. I, p. 64].
Germany-Belgium.—Reciprocity
Convention : To allow doctors established in the
frontier zones to follow their profession [N.R.
G.M., Vol. XIX, p. 80].
Costa Rlca-Italy.—Convention : Matters
relating to nationality, legal aid for, and
manner of dealing with, paupers; etc. Exch.
rat., 16 April 1875 [N.R.G.M., 2nd ser.. Vol. I,
p. 450].
Germany-Italy.—Reciprocity Declaration :
Assistance for sick persons and reception of
rejected persons. Again put into operation
8 July 1920 [N.R.G.M., 2nd ser.. Vol. I, p. 258].
Germany-Denmark.—Reciprocity Declaration : Assistance of sick persons and reception
of rejected persons [N.R.G.M., 2nd ser., Vol. I,
p. 263]. Supplementary Declarations dated
25 Aug. 1881 and 21 Feb. 1898.
China-Peru.—Treaty of Amity, Commerce,
and Navigation (Articles 6-7 : the right to
immigrate) [N.R.G.M., 2nd ser.. Vol. Ill,
p. 497]. Prolonged indefinitely by the Protocol of 17 Aug. 1909 [N.R.G.M.. 3rd ser..
Vol. V, p. 577]. Cf. also 28 Aug. 1909.
Denmark-Switzerland.—Treaty of Amity, Commerce, and Establishment. Ratified
[N.R.G.M., 2nd ser.. Vol. I, p. 308].
Germany-Costa Rica.—Treaty of Amity,
Commerce and Navigation (Articles 1 to 11).
Exeh. rat., 21 Nov. 1876 (N.R.G.M., 2nd ser.
Vol. II, p. 249].
Italy-Switzerland.—^Reciprocity Declaration : Relief of Indigent Sick Persons [N.R.G.M.,
2nd ser., Vol. I, p. 379].
Austria - Hungary-Switzerland. ^—Residence Treaty. Exch. rat., 22 April 1876. Again
put into operation by the Treaty of 25 May
1925 [N.R.G.M., 2nd ser., Vol, II, p. 69].
Guatemala-Salvador.—^Treaty of Peace
and Amity (Articles 4, 5 and 7). Ratified
[N.R.G.M., 2nd ser., Vol. XIV, p. 192].
1872
6 May
1872
31 May
1872
20 July
1873
7 Feb.
1873
6 May
1873
8 Aug.
1873
11 Dec.
1874
26 June
1875
10 Feb.
1875
18 May
1875
6-15 Oct.
1875
7 Dec.
1876
8 May
104,111
98.99
104
98.100
182
98,105, lio
67, lio
169
35
/
67,86
98.178
111.
86.179
80,123,181
BILATERAL TREATIES
1877
Austria-Italy.—^Agreement : Transit of
24-28 March expelled persons. Again put into operation,
15 Jan. 1921 [Accordi e trattati].
1877
China-Spain.—Regulation of Chinese Immi17 Nov.
gration into Cuba.
1878
Salvador-Honduras.—Treaty of Peace and
31 March Amity, and supplementary Convention dated
8 Dec. 1880 (Article 7) [N.R.G.M., 2nd ser..
Vol. XIV, pp. 195 and 204].
1878
Germany-Belgium.—Declaration : Legal
18 Oct.
aid [N.R.G.M., 2nd ser.. Vol. IV, p. 739].
1879
Germany-Luxemburg.—Declaration : Le12 June
gal aid [N.R.G.M., 2nd ser.. Vol. IV, p. 741].
1879
France-Switzerland.—Convention to regu23 July
larise the position of the children of French nationals who have become naturalised Swiss.
Exch. rat., 6 July 1880 (N.R.G.M., 2nd ser..
Vol. VI, p. 484].
1879
Germany-Italy.—Reciprocity Declaration :
concerning eligibility for poor relief of the
28 July
respeetive nationals (N.R.G.M., 2nd ser..
Vol. VIII, p. 591].
1879
France-Great Britain.—Arrangement con5 Nov.
cerning relief of distressed seamen in these
countries [N.R.G.M., 2nd ser.. Vol. IV, p. 721].
1879
Spain-Switzerland.—Residence Conven14 Nov.
tion. Exch. rat., 25 May 1880 [N.R.G.M.,
2nd ser.. Vol. IX, p. 596].
1880
Belgium-Italy.—Declaration : Treatment
24 Jan.
and Repatriation of indigent persons belonging
to these countries (N.R.G.M., 2nd ser.. Vol. VI,
p. 631].
1880
Germany-France.—Convention : Legal
20 Feb.
aid. Exch. rat., 10 March 1881. Again put
into operation by the Treaty of Commerce
dated 17 Aug. 1927, supplementary to Article 25
[N.R.G.M., 2nd ser.. Vol. VI, p. 699].
1880
Germany-France.—Arrangement concern16 May
ing relief of distressed seamen [N.R.G.M.,
2nd ser., Vol. VI, p. 383].
1880
Great Britain-Italy.—^Arrangement : Re8 June
lief of distressed seamen. This arrangement
came into operation on 1 Sept. 1880 [N.R.G.M.,
2nd ser., Vol. VI, p. 417].
1880
United States-China.—Treaty : Immigra17 Nov.
tion and Residence of Chinese in the United
States. Exch. rat., 19 July 1881 [N.R.G.M.,
2nd ser.. Vol. XI, p. 730, and Vol. XX, p. 103].
1880
Austria - Hungary-Great Britain.—Agree26 Nov.
ment : Relief of distressed seamen [N.R.G.M.,
2nd ser.. Vol. VIH, p. 667].
265
60
168
80,181
104
104
97 et seq.
104
112
68, 86, 178,
240
109
104
113
113
33
113
266
CHRONOLOGICAL LIST OF TREATIES, ETC.
1881
28 Jan.
25 Feb.
1881
4 March
1880
31 Oct.
1881
20 April
1881
31 May
Italy-Luxemburg.—Notes : Protection of Ill
Sick Paupers [N.R.G.M., 2nd ser., Vol. XIII,
p. 596].
Belgium-Rumania.—Convention ; Legal 104
Aid [N.R.G.M., 2nd ser.. Vol. XIV, p. 111].
Bulgaria-Italy.—^Notes : Relief for sick lio
paupers [N.R.G.M., 2nd ser., Vol. XIII, p. 597].
Germany-Norway and Sweden.—Convention : Relief of Distressed Seamen [N.R.
G.M., 3rd ser.. Vol. IV, p. 781]. Completed
(for Norway) by exchange of notes 31 Oct.5 Nov. 1908 [N.R.G.M., 3rd ser.. Vol. IV,
p. 782].
1881
Italy-Norway and Sweden.—Declaration :
12 June
Relief of Distressed Seamen [N.R.G.M., 3rd
ser.. Vol VIII, p. 595].
1881
Great Britain-Norway and Sweden.—
Declaration : Relief of Distressed Seamen.
12 July
Came into operation 1 Sept. 1881 [N.R.G.M.,
2nd ser.. Vol. VIII, p. 695]. Cf. also 4 May
1908.
1882
France-Italy.—Declaration : Relief of
1 Jan.
Distressed Seamen [N.R.G.M., 2nd ser.. Vol.
VIII, p. 547].
1882
France-S witzerland.—Residence Treaty.
Bxch. rat., 12 May 1882 [N.R.G.M., 2nd ser..
23 Feb.
Vol. IX, p. 95].
1882
Belgium-France.—Convention : Savings
31 March Banks. (Completed by the Convention of
4 March 1897). Cf. 1897.
1882
Spain-Italy.—Convention : Legal Aid.
Exch. rat., 6 Nov. 1882 [N.R.G.M., 2nd ser..
8 July
Vol. VIII, p. 637].
1882
France-Dominican Republic.—Treaty of
Amity, Commerce and Navigation (Sections
9 Sept.
2-4). Exch. rat., 21 June 1887 [N.R.G.M.,
2nd ser.. Vol. XV, p. 824].
France-Switzerland.—Convention : Relief
1882
27 Sept. for abandoned children and pauper lunatics.
Exch. rat., 26 July 1883 [N.R.G.M., 2nd ser..
Vol. IX, p. 587].
Salvador-Costa Rica.—Treaty of Amity,
1882
Peace, Commerce and Extradition (Articles 78 Nov.
10) [N.R.G.M., 2nd ser.. Vol. XIV, p. 239].
France-Serbia.—Treaty of Commerce and
1883
Navigation (Articles 2 and 5-7). Exch. rat.,
18 Jan.
18 July 1883 [N.R.G.M., 2nd ser.. Vol. IX,
p. 690].
Portugal-Dominican Republic.—Treaty
1883
of Commerce, Amity, and Navigation (Article 4).
1 May
Exch. rat., 28 Nov. 1885 [N.R.G.M., 2nd ser..
Vol. XIV, p. 48].
113
113
113
113
86,177
75
104
.30,105
114
181
105
105
BILATERAL TREATIES
Great Britain-Italy.—Treaty of Commerce
(Articles 1 and 6). Exch. rat., 30 June 1883
[N.R.G.M., 2nd ser., Vol. X, p. 550].
1883
Denmark-Italy.—Convention : Legal aid.
25 June
Exch. rat., 20 Sept. 1883 [N.R.G.M., 2nd ser..
Vol. XIII, p. 601].
1883
Denmark-Great Britain.—Arrangement :
25 July
Relief of Distressed Seamen. Came into
operation, 1 Nov. 1883 [N.R.G.M., 2nd ser..
Vol. X, p. 568].
1883
Denmark-Norway and Sweden.—Decía10 Aug.
ration : Relief of Distressed Seamen (N.R.G.M.,
3rd ser.. Vol. V, p. 731]. Cf. also : 19 May and
26 June, 1926.
1883
Salvador-Venezuela.—Treaty of Amity,
27 Aug.
Commerce, and Navigation (Articles 6 and 7).
Ratified [N.R.G.M., 2nd ser., Vol. XIV, p. 215].
1883
Belgium-Netherlands. —Convention relat16 Sept. ing to Savings Banks [N.R.G.M., 2nd ser..
Vol, X, p. 140]. Cf. also 8 Nov. 1902.
1883
Salvador-Switzerland.—Residence Trea30 Oct.
ty. Exch. rat., 30 Oct. 1884 [N.R.G.M., 2nd
ser.. Vol X, p. 617].
1883
Nicaragua-Salvador.—Treaty of Amity,
17 Nov.
Commerce and Extradition (Articles 5 to 15)
[N.R.G.M., 2nd ser.. Vol. XIV, p. 229].
1884
Italy-Netherlands.—Convention ; Legal
29 Jan.
Aid [N.R.G.M., 2nd ser.. Vol. XIII, p. 701].
1884
Spain-France.—Convention : Legal Aid
14 May
[N.R.G.M., 2nd ser.. Vol. XII, p. 623].
1885
Spain-Salvador.—Treaty of Peace and
2 March Amity. Exch. rat., 23 July 1887 [N.R.G.M.,
2nd ser.. Vol XIV, p. 254, and Vol. XXVII,
p. 54].
1885
Germany-Denmark.—Declaration : Relief
31 March of Distressed Seamen. Came into operation
1 July 1885 [N.R.G.M., 2nd ser.. Vol. XV,
p. 783].
1885
Denmark-Italy.—Declaration : Relief of
21 May
Distressed Seamen. Came into operation
1 Aug. 1885 [N.R.G.M., 2nd ser.. Vol. XIII,
p. 654].
1885
Argentina-Norway and Sweden.—Trea17 July
ty of Amity, Commerce and Navigation
(Articles 8, 9 and 10, and additional Instrument
of the same date). Exch. rat., 14 Jan. 1896
[Tratados y Convenciones, Vol. I, pp. 505-615].
1885
Italy-Uruguay.—Treaty of Commerce and
19 Sept. Navigation (Article 20). Exch. rat., 16 July
1886 [N.R.G.M., 2nd ser.. Vol. XIII, p. 660].
1885
Mexico-Norway and Sweden.—Treaty
15 Dec.
of Amity, Commerce, and Navigation (Articles
2 and 16-20). Ratified [N.R.G.M., 2nd ser..
Vol. XIII, p. 681].
1883
15 June
267
48
104
113
113
98
75
86
80,181
104
104
99
113
113
98, 99
105
80, 84
268
1886
25 April
CHRONOLOGICAL LIST OF TREATIES, ETC.
China-France.—Treaty of Commerce (Articles 4 and 16). Continuation of the Treaty
of Peace, Amity, and Commerce dated 9 June
1885, relating to Annam and the Preliminary
Peace Convention dated 11 May 1884. Exch.
rat., 7 Aug. 1896 [N.R.G.M., 2nd ser.. Vol.
XXII, p. 34].
1886
Belgium-Switzerland.—Convention : Le9 Sept.
gal Aid. Exch. rat., 30 Dec. 1886 [N.R.G.M.,
2nd ser.. Vol. XIV, p. 342].
1886
Bolivia-Peru.—Arrangement : Exercise
18 Sept. of the Medical and Legal Professions [N.R.G.M.,
2nd ser.. Vol XV, p. 774].
1886
Italy-Dominlcan Republic.—Treaty of
18 Oct.
Commerce and Navigation (Articles 9-25)
[N.R.G.M., 2nd ser.. Vol. XVIII, p. 663].
Additional Treaty of 5 Jan. 1889; exeh. rat.,
14 June 1890 [N.R.G.M., 2nd ser.. Vol. XVIII,
p. 680].
1886
France-Mexico.—Treaty of Amity, Com27 Nov.
merce and Navigation (Articles 1 to 4)
[N.R.G.M., 2nd ser.. Vol. XV, p. 840].
Germany-Ecuador.—Treaty of Amity
1887
28 March (Article 3). Exch. rat., 29 March 1888
[N.R.G.M., 2nd ser.. Vol. XV, p. 500].
Belgium-Switzerland.—Treaty of Immi1887
4 June
gration and Residence. Exch. rat., 7 May 1888
[N.R.G.M., 2nd ser.. Vol. XIV, pp. 346 and
384].
Germany-Belgium.—Convention : Pau1887
7 July
pers’ Relief. Again put into operation in 1920.
Germany-Paraguay.—Treaty establishing
1887
21 July
the most-favoured-nation clause. Exch. rat.,
18 May 1888 [N.R.G.M., 2nd ser.. Vol. XV,
p. 503] ; prolongation of validity by exchange
of notes dated 7 and 9 Jan. 1928 [T.S., No. 1716,
Vol. LXXIII, p. 235].
1887
Germany-Guatemala.—Treaty of Amity,
20 Sept. Commerce and Navigation (Articles 5, 6, 10
and 11). Exch. rat., 22 June 1888 [N.R.G.M.,
2nd ser.. Vol. XV, p. 512].
Austria- Hungary- Switzerland.—D e cla1887
21-28 Oct. ration : Readmission of respective nationals
[N.R.G.M., 2nd ser.. Vol. XIV, p. 383].
France-Switzerland.—Convention : Pri1887
14 Dec.
mary school attendance of children of the two
countries. Exch. rat., 13 June 1888 (N.R.G.M.,
2nd ser.. Vol. XIV, p. 402].
Serbia-Switzerland.—Consular and Resi1888
4-16 Feb. dence Convention. Exch. rat., 8 July 1888
[N.R.G.M., 2nd ser.. Vol. XIV, p. 406].
Spain-Italy.—Treaty of Commeree (Ar1888
26 Feb.
ticle 2). Ratified [N.R.G.M., 2nd ser.. Vol.
XVII, p. 9].
239
104
181
HO, 190
105
68
67, 83, 86
109
82
30, 82,98
67
117
86
123
BILATERAL TREATIES
Ecuador-Swltzerland.—Treaty of Amity,
Commerce, and Residence (Articles 2 and 3).
Exch. rat., 13 July 1889 [N.R.G.M., 2nd ser.,
Vol. XVIII, p. 755].
1888
Ecuador-Mexico.—Treaty of Amity, Com10 July
merce and Navigation (Articles 1 and 2)
[N.R.G.M., 2nd ser.. Vol. XVIII, p. 755].
1888
Japan-Mexico.—Treaty of Amity, Com30 Oct.
merce and Navigation (Articles 1 and 2)
[N.R.G.M., 2nd ser.. Vol. XVIII, p. 750].
1888
Austria- Hungary-Netherlands.—Declaration regulating the expulsion of prostitutes
30 Nov.
[N.R.G.M., 2nd ser.. Vol. XV, p. 722].
1888
Germany-Honduras .^Treaty of Amity,
12 Dec.
Commerce and Navigation (Article 10). Bxch.
rat., 2 July 1888 [N.R.G.M., 2nd ser.. Vol. XV,
p. 535].
^
1889
Italy-Dominican Republic.—Cf. 18 Oct.
5 Jan.
1886.
1889
Austria - Hungary-Italy.—Convention
:
13 Feb.
Relief of Distressed Seamen. Again put into
operation, 15 Jan. 1921 [N.R.G.M., 2nd ser..
Vol. XV, p. 725].
1889
Austria-Hungary-Spain.—Agreement :
11 March Relief for Seamen [N.R.G.M., 2nd ser., Vol.
XV, p. 727, and Vol. XXVII, p. 62].
1889
Mexico-Dominican Republie.—Treaty of
29 March Amity, Commerce and Navigation (Articles 2
to 4). Bxch. rat., 11 July 1889 [N.R.G.M.,
2nd ser.. Vol XVIII, p. 758].
1889
Germany-Netherlands.—Declaration con15 Nov.
cerning certain classes of prostitutes [N.R.
G.M., 2nd ser.. Vol. XVII, p. 342].
1890
Italy-Mexico.—Treaty of Amity Commerce
16 April and Navigation (Articles 12 and 25). Bxch.rat.,
23 July 1891 [N.R.G.M., 2nd ser., Vol. XVIII,
p. 708].
1890
Italy-Swltzerland.—Declaration : Repatri2-11 May ation of rejected persons. Came into operation 1 Jan. 1891 [N.R.G.M., 2nd ser.. Vol.
XVII, p. 20].
1890
Bolivia-Italy.—Treaty of Amity, and
18 Oct.
Extradition (Articles 3, 4 and 5). Exch. rat.,
7 Jan. 1901 [N.R.G.M., 2nd ser., Vol. XVIII,
p. 728, and Vol. XXVIII, p. 9].
1891
Congo-Liberia.—Treaty of Amity, Resi15 Dec.
dence and Commerce (Article 15). Exch. rat.,
22 Aug. 1843 [N.R.G.M., 2nd ser.. Vol. XXIV,
p. 136].
1892
Germany-Colombia.—Treaty of Amity,
23 July
Commerce and Navigation. Exch. rat.,
12 April 1894 [N.R.G.M., 2nd ser.. Vol. XIX,
p. 831].
1888
22 June
269
68,86
178
178
68
30,82, 98
190
113
113
105,178
68
105,178,190
67, 68
98, lio, 190
155
30
270
1892
27 Oct.
CHRONOLOGICAL LIST OF TREATIES, ETC.
Colombia-Italy.—Treaty of Amity, Commerce and Navigation (Articles 2 to 10).
Ratified [N.R.G.M., 2nd ser., Vol. XXII, p. 308].
Belgium-Netherlands.—Convention : Le1892
gal Aid. Exeh. rat., 30 Jan. 1894 [N.R.G.M.,
31 Oct.
2nd ser.. Vol. XXII, p. 318].
France-Liberia.—Arrangement : deUmita1892
tion of French Possessions and the Territories
8 Dec.
belonging to the Republic of Liberia (Article 4).
Exch. rat., 10 Aug. 1894 [N.R.G.M., 2nd ser..
Vol. XX, p. 846]. Supplementary agreement,
18 Sept. 1907 [N.R.G.M., 3rd series, Vol. Ill,
p. 1004].
Mexico-Salvador.—Treaty of Commerce
1893
^24 April and Navigation (Articles 2 and 4). Exch. rat.,
16 Nov. 1893 [N.R.G.M., 2nd ser., Vol. XX,
p. 864].
Italy-Parag(6ay.—Treaty of Amity, Com1893
22 Aug.
merce and Navigation (Articles 4 and 16-20).
Exch. rat., 14 June 1894 [N.R.G.M., 2nd ser.,
Vol. XXII, p. 507].
China-United States.—Conventions : Chi1894
17 March nese Immigration to the United States. Exeh.
rat., 7 Dec. 1894 [N.R.G.M.,2nd ser., Vol.XXII,
p. 551].
Great-Britain-Japan.—Treaty of Com1894
merce and Navigation (Article 1 : freedom to
16 July
enter). Exch. rat., 25 Aug. 1894 [N.R.G.M.,
3rd ser., Vol. XX, p. 809].
Spain-Honduras.—Treaty of Peace and
1894
17 Nov.
Amity (Article 6). Exch. rat., 28 Aug. 1895
[N.R.G.M., 3rd ser., Vol VII, p. 422].
Japan-Peru.—Treaty of Commerce and
1895
20 March Amity. Exch. rat., 24 Dec. 1896 [N.R.G.M.,
2nd ser., Vol. XXXIV, p. 400].
Brazil-Japan.—Treaty of Amity, Com1895
merce and Navigation (Article 3). Exch. rat.,
5 Nov.
12 Feb. 1897 [N.R.G.M., 2nd ser., Vol. XXXIV,
p. 393].
Austria - Hungary - Italy.—Convention :
1896
Sick Paupers’ Relief. Exch. rat., 13 July 1899.
25 June
Again put into operation with Austria, 15 Jan.
1921 [N.R.G.M., 2nd ser., Vol XXV, p. 33].
Chile-Japan.—Treaty of Amity, Commerce
1896
25 Sept. and Navigation (Article 3). Exch. rat.,
24 Sept. 1905 [N.R.G.M., 3rdser., VolII,p. 124].
France-Italy.—Consular and Residence.
1896
28 Sept. Convention relating to Italians in Tunis and
Tunisians in Italy. With final Protocol
[N.R.G.M., 2nd ser., Vol. XXIII, p. 363].
Belgium - Switzerland. — i^rrangement :
1896
Belief and Repatriation of Paupers. Came
12 Nov.
into operation 1 Dee. 1896 [N.R.G.M., 2nd ser.
Vol. XXIII, p. 394].
30,105
104
155
105,181
105,190
33
35
68,82
31
31
110
31
81,86,98,
105,119, 239
109,114,115
BILATERAL TREATIES
1896
Austria - Hungary - Italy. — Exchange of
12-17 Dec. Notes. Repatriation of Indigent Persons.
Again put into operation with Austria, 15 Jan.
1921 [L’Emigrazione italiana : Accordi e Trattati di Lavoro dell’ Italia con altri paesi,
p. 13].
1897
Belgium-France.—Convention : Savings
4 March Bank Service. Exch. rat., 26 Aug. 1897
[N.R.G.M., 2nd ser.. Vol XXV, p. 325].
1897
Italy-San Marino.—Convention of Amity
28 June
and Neighbourliness (Articles 8 and 33). Exch.
rat., 31 July 1897 [N.R.G.M., 3rd ser.. Vol. II,
p. 799]. Additional Convention of 14 June
1907 [IMd., p. 812].
1897
Chlle-Switzerland.—Treaty of Commerce
31 Oct.
(Articles 1 and 2). Exch. rat., 31 Jan. 1899
[N.R.G.M., 2nd ser.. Vol XXVIII, p. 585].
1898
Argentina-Japan.—Treaty of Amity, Com3 Feb.
merce, and Navigation (Articles 2, 4,11 and 12).
Exch. rat., 18 Sept. 1901 [N.R.G.M., 3rd ser..
Vol II, p. 817].
1898
Portugal - Switzerland. — Arrangement :
16 May
Reciprocal assistance of indigent persons
[N.R.G.M., 2nd ser.. Vol. XXIX, p. 53].
1899
China-Mexico.—Treaty : Commercial rela14^ec.
tions (Article 1). Exch. rat., 19 June 1900
[N.R.G.M., 2nd ser.. Vol XXXIII, p. 235].
1902
United States-Haiti.—Treaty : Nationality
22 March of Emigrants. Exch. rat., 19 March 1907
[N.R.G.M., 2nd ser.. Vol XXXI, p. 291].
1902
Mexico-Nicaragua.—Treaty of Amity and
6 Nov.
Commerce (Article 6). Exch. rat., 11 July 1903
[N.R.G.M., 2nd ser., Vol. XXXI, p. 424].
1902
Belgium - Netherlands. — Convention
8 Nov.
amending that of 16 Sept. 1883 : Savings
Banks [N.R.G.M., 2nd ser.. Vol. XXXI, p. 434].
1903
Bolivia-Spain.—Convention : Mutual Re4 Sept.
cognition of academic qualifications for the
purpose of exercising certain professions.
Exch. rat., 8 July 1910 [N.R.G.M., 3rd ser..
Vol. IV, p. 794].
1903
Spain-Guatemala. — Idem. Exch. rat.,
21 Sept. 8 Sept. 1904 [N.R.G.M., 2nd ser.. Vol. XXXII,
p. 330].
1903
Guba-Italy.—Treaty of Amity, Commerce
29 Dec.
and Navigation (Articles 7 and 25) [N.R.G.M.,
2nd ser.. Vol. XXXIII, p. 493].
1904
Colombia-Spain.—Convention : Mutual
recognition of academic qualifications for the
23 Jan.
purpose of exercising certain professions.
Exch. rat., 5 Aug. 1904 [N.R.G.M., 2nd ser..
Vol. XXXII, p. 334].
271
73
75
105,111
82
81
111
34
98,99
181
75
181
181
105, ISO
181
272
CHRONOLOGICAL LIST OF TREATIES, ETC.
1904
9 April
Spain-Peru.—Convention : Validity of
academic qualifications for the purpose of
exercising certain professions. Exch. rat.,
7 Jan. 1907 [N.R.G.M., 3rd ser., Vol. V, p. 811].
France-Italy.—Convention for the purpose
of ensuring reciprocally to nationals of both
these countries the benefits of social insurance
and progressive labour legislation [N.R.G.M.,
2nd ser., Vol. XXXII, p. 367].
France-Italy.—^Arrangement : Facilities
for savings bank depositors. Exch. rat.,
21 Sept. 1904[N.R.G.M., 2nd ser,, Vol. XXXIII,
p. 521]. Cf. also 20 Jan. 1906.
China-Great Britain.—Agreement : Introduction of Asiatic Labour into South Africa.
Came into operation on the same date
[N.R.G.M., 2nd ser.. Vol. XXXII, p. 325],
Spain-Mexico.—Treaty : Reciprocal validity of academic qualifications. Exch. rat.,
23 Dec. 1904 [N.R.G.M., 2nd ser.. Vol. XXXIV,
p. 515].
Spain-Salvador.—Convention : Validity of
academic qualifications for the exercise of
certain professions. Bxch. rat., 22 April 1905
[N.R.G.M., 3rd ser.. Vol. I, p. 207].
Spain-Nicaragua.—Convention : Validity
of academic qualifications for the exercise of
certain professions. Exch. rat., 19 March
1908 [N.R.G.M., 3rd ser.. Vol. V, p. 828].
Germany-Italy.—Additional Treaty to the
Treaty of Commerce dated 6 Dec. 1891. Came
into operation 1 March 1906 [N.R.G.M., 2nd
ser.. Vol. XXXIV, p. 605].
Germany-Netherlands.—Convention : Residence and Reciprocal Relief [N.R.G.M.,
2nd ser.. Vol. XXXIII, p. 13]. Cf. also 19 Jan.
1911.
Australia-Japan.—Agreement (unpublished). Japanese immigration into Australia.
Germany-Austria - Hungary. — Additional Treaty to the Treaty of Commerce
dated 6 Dec. 1891 (Article 19) [N.R.G.M.,
2nd ser.. Vol. XXXV, p. 516].
Belgium-Luxemburg. — Convention :
Workmen’s compensation for accidents.
Exch. rat., 25 Oct. 1905 [N.R.G.M., 2nd
ser., Vol. XXXIII, p. 334].
Spain-Honduras.—Convention -.Validity of
academic qualifications for the exercise of professions. Exch. rat., 16 July 1906 [N.R.G.M.,
3rd ser., Vol. V, p. 853].
Colombia-Ecuador.—^Treaty of Amity,
Commerce, and Navigation (Articles 4 and 15).
Exch. rat., 24 Oct. 1907 [N.R.G.M., 3rd ser..
Vol. V, p. 856].
1904
15 April
1904
15 April
1904
13 May
1904
28 May
1904
16 July
1904
4 Oet.
1904
3 Dec.
1904
17 Dec.
1905
1905
25 Jan.
1905
15 April
1905
5 May
1905
10 Aug.
181
188,190,
196,213
76,221,224
76,112,167
181
181
181
a
199
60, 66, 67,
86, 111, 123
35
195
207
181
30
BILATERAL TREATIES
1905
2 Sept.
1905
26 Oct.
1906
20 Jan.
1906
25 Jan.
1906
21 Feb.
1906
9 June
1906
27 June
1906
25 Sept.
9 Oct.
1906
20 Oct.
Germany-Luxemburg. — Arrangement :
Insurance against accidents (Workmen’s Compensation). Exch. rat., 23 Sept. 1905 [N.R.
G.M., 2nd ser., Vol. XXXIII, p. 395].
Norway-Sweden.—Convention : Right of
Nomadic Lapps to pasturage for their reindeer
[N.R.G.M., 2nd ser.. Vol. XXXIV, p. 706].
Cf. also 8 April 1913.
France-Italy.—Arrangement : Facilities for
savings bank depositors. Exch. rat.. 11 Dec.
1906 [N.R.G.M., 3rd ser.. Vol. Ill, p. 270].
Italy-Nlcaragua.—Treaty of Amity, Commerce and Navigation (Articles 4, 10 and 19).
Exch. rat., 28 Sept. 1906 [N.R.G.M., 2nd ser..
Vol. XXXV, p. 268].
273
215
260
75
105
Belgium-France.—Convention ; Work- 208
men’s compensation for accidents. Exch. rat.,
7 June 1906 [N.R.G.M., 2nd ser.. Vol. XXXV,
p. 148].
France-Italy.—Arrangement : Workmen’s 196, 213
compensation for accidents. Exch. rat., 4 June
1907 [N.R.G.M., 3rd ser., Vol. I, p. 473].
France-Luxemburg.—Convention : Work- 208,214
men’s compensation for accidents. Exch. rat.,
19 Oct. 1906 [N.R.G.M., 2nd ser.. Vol. XXXV.
p. 279].
Egypt-Italy.—Arrangement : Savings banks. 75
France-Great Britain.—Convention ; New
Hebrides. Exch. rat., 9 Jan. 1907 [N.R.G.M.,
3rd ser.. Vol. I, p. 523]. Cf. also 6 Aug. 1914.
1907
United-States-Japan.—Agreement (unpublished) : Japanese Immigration into the
United States.
1907
Germany-Netherlands.—Convention : Ac27 Aug.
cident insurance. Exch. rat., 30 Nov. 1907
[N.R.G.M., 3rd ser.. Vol. I, p. 871]. Cf. also
30 May 1914.
1907
Great Britain-Italy.—Exehange of Notes
4 Sept.
(unpublished) : Savings Banks. Came into
25 Nov.
operation 1 Jan. 1908.
1907
United States-Peru.—Convention : Natu15 Oct.
ralisation of immigrants. Exch. rat., 23 July
1909 [N.R.G.M., 3rd ser.. Vol. Ill, p. 233].
1907
Great Britain-Japan.—Exchange of Notes :
23 Dec.
Japanese Immigration into Canada (known as
the “Lemieux Agreement”) [N.R.G.M., 3rd
ser.. Vol. VI, p. 812].
1908
Colombia-Switzerland.—Treaty of Resi14 March dence and Commerce. Exch. rat.,24 June 1909
[N.R.G.M., 3rd ser.. Vol. IV, p. 241].
243
36
215
76
99
35
30
18
274
CHRONOLOGICAL LIST OF TREATIES, ETC.
United States-Salvador. — Convention:
1908
14 March Nationality of emigrants. Exch. rat., 20 July
1908. [N.R.G.M., 3rd ser., Vol III, p. 236].
Honduras-Mexico. — Treaty of Amity,
1908
24 March Commerce, and Navigation (Articles 4 and 10).
Exch. rat., 30 Sept. 1910 [N.R.G.M., 3rd ser..
Vol. VIII, p. 398].
United States-Brazll.—Convention to re1908
27 April guíate the effects of Naturalisation. Exch.
rat., 28 Feb. 1910 [N.R.G.M., 3rd ser.. Vol. IV,
p. 250].
Great Britain-Norway and Sweden.—
1908
Exchange of Notes : Relief of Distressed
4 May
Seamen [N.R.G.M., 3rd ser.. Vol. IV, p. 182].
1907
28 Nov.
United States - Portugal. — Convention :
1908
Nationality of Emigrants. Exch. rat., 14 Nov.
7 May
1908 [N.R.G.M., 3rd ser.. Vol. Ill, p. 239].
United States-Honduras.—Convention :
1908
Naturalisation of Immigrants. Exch. rat.,
23 June
16 April 1909 [N.R.G.M., 3rd ser.. Vol. Ill,
p. 242].
Germany-Bolivia.—Treaty of Amity and
1908
Commerce (Articles 6-10). Exch. rat., 15 March
22 July
1910 [N.R.G.M., 3rd ser.. Vol. IV, p. 284].
Again put into operation, 12 March 1924 [T.S.,
No. 1710, Vol. LXXIII, p. 95].
United States-Uruguay. — Convention :
1908
Nationality of Emigrants. Exch. rat., 14 May
10 Aug.
1909 [N.R.G.M., 3rd ser.. Vol. Ill, p. 245].
Italy-Norway.—Exchange of Notes : Relief
1908
of Distressed Seamen [N.R.G.M., 3rd ser.. Vol.
18 Aug.
IV, p. 301].
10 Sept.
Germany-Norway.—Cf. 31 May 1881.
1908
31 Oct.
5 Nov.
United States-Nicaragua.—Convention :
1908
Naturalisation of Emigrants and Supplementary
7 Dec.
Convention dated 17 June 1911. Exch. rat.,
28 March 1912 [N.R.G.M., 3rd ser.. Vol VI,
p. 464].
Great Britain-Sweden. — Exchange of
1909
Notes : Reciprocity in regard to Workmen’s
3 Feb.
Compensation for Accidents [N.R.G.M., 3rd
2 April
ser.. Vol. IV, pp. 815 and 818].
Belgium-Honduras .-^Treaty of Amity
1909
25 March and Commerce (Articles 2-4). Exch. rat.,
20 Aug. 1910 [N.R.G.M., 3rd ser.. Vol. V, p. 500].
Great Britain-Portugal. (For the Trans1909
vaal and Mozambique respectively).—Conven1 April
tion : Situation of Native Workers. Came into
operation on the same date [N.R.G.M., 3rd ser..
Vol. IV, p. 885].
99
106,181
98, 99
113
100
100
98
99
113
113
99
216,218
82
158
275
BILATERAL TREATIES
1909
3 July
1909
25 Aug.
1909
28 Aug.
1909
19 Sept.
1909
13 Nov.
1910
9 Feb.
1910
7 May
1910
15 June
1910
9 Aug.
1910
12 Aug.
1910
29 Sept.
1910
12
1909
24
1910
18
17
1910
31
Oct.
March
July
Oct.
Oct.
1911
19 Jan.
France-Great Britain. — Convention :
Workmen’s Compensation for Accidents.
Exch. rat., 13 Oct. 1910 [N.R.G.M., 3rd ser.,
Vol. V, p. 550].
Norway-Sweden.—Declaration : Relief of
Distressed Seamen [N.R.G.M., 3rd ser.. Vol. V,
p. 580].
China-Peru.—Protocol. Chinese migration
to Peru [N.R.G.M., 3rd ser., Vol. V, p. 578].
Hungary-Italy.—Convention : Reciprocal
Application of Accident Insurance Laws.
Bxch. rat., 14 June 1911 ; again put into
operation, 20 June 1922 [N.R.G.M., 3rd ser..
Vol. V, p. 595].
Germany-Switzerland.—Residence Treaty. Exch. rat., 1 Aug. 1911 [N.R.G.M., 3rd
ser.. Vol. V, p. 608].
Denmark-France.—Cf. 9 Feb. 1842.
Netherlands-Switzerland.—Treaty : Repatriation of citizens or subjects of either
Contracting Party expelled from the Territory
of the other. Exch. rat., 3 Jan. 1912 [N.R.G.M.,
3rd ser.. Vol. VII, p. 284].
France-Italy.—Reciprocity Arrangement :
Protection of young workers. Exch. rat.,
10 Feb. 1912 [N.R.G.M., 3rd ser.. Vol. VII,
p. 528].
France-Italy.—Agreement for the application of § 6 of Article 1 of the Convention of
15 April 1904 : Payments to National Pensions
Funds [Accordi e Trattati di Lavoro delF
Italia con altri paesi].
Bolivia-Brazil.—Treaty of Commerce (River Navigation). Exch. rat., 29 July 1911
[N.R.G.M., 3rd ser.. Vol. VII, p. 632].
Argentina-Netherlands.—Treaty : Medical aid for nationals of the respective countries.
Exch. rat., 15 Dec. 1911 [N.R.G.M., 3rd ser..
Vol. VII, p. 639].
Netherlands-Sweden. — Exchange of
Notes : Lunatics [N.R.G.M., 3rd ser.. Vol. VII,
p. 425].
213
113
35
216
60, 67, 86,
111,115,123
178
67,115
190
221
59
110
117
Germany-Switzerland. — Exchange of 117
Notes : Lunatics [N.R.G.M., 3rd ser.. Vol. VII,
p. 319].
Germany-Switzerland.—Treaty to regu- 178
late certain rights of the nationals of either
Contracting Party upon the Territory of the
other. Exch. rat., 1 Aug. 1911 [N.R.G.M.,
3rd ser.. Vol. V, p. 613].
Germany-Netherlands. — Exchange of 67
Notes : Repatriation service [N.R.G.M., 3rd
ser.. Vol. VII, p. 863].
276
CHRONOLOGICAL LIST OF TREATIES, ETC.
United States-Japan.—Treaty of Commerce and Navigation (Article 1). Exch. rat.,
4 April 1911 [N.R.G.M., 3rd ser., Vol VI,
p. 729] ; followed by a Japanese Declaration in
regard to emigration, dated 21 Feb. 1911
[Ibid., p. 734].
Great Britaln-Japan.—Treaty of Com1911
3 April
merce and Navigation (Article 1). Exch.
rat., 5 May 1911 [N.R.G.M., 3rd ser.. Vol. VIII,
p. 413].
Bolivia-Ecuador.—Treaty of Amity (Ar1911
17 April tide 2). Exch. rat., 23 May 1913 [N.R.G.M.,
3rd ser.. Vol VIII, p. 431].
Sweden-Japan.—Treaty of Commerce and
1911
Navigation (Article 1). Exch. rat., 12 July
19 May
1911 [N.R.G.M., 3rd ser.. Vol. VIII, p. 496].
Austria-Hungary-Bulgaria.—Convention:
1911
Legal Questions. Exch. rat., 27 April-10 May
31 May
1912 [N.R.G.M., 3rd ser., Vol VIII, p. 553].
Costa Rica-United States.—Convention :
1911
Naturalisation of Emigrants. Exch. rat.,
10 June
9 May 1912 [N.R.G.M., 3rd ser.. Vol. VI,
p. 468].
Norway-Japan.—Treaty of Commerce and
1911
Navigation (Article 1). Exch. rat., 15 July
16 June
1911 [N.R.G.M., 3rd ser., Vol. VIII, p. 602].
Switzerland-Japan.—Treaty of Residence
1911
and Commerce. Exch. rat., 20 Dec. 1911
21 June
[N.R.G.M., 3rd ser., Vol. VIII, p. 610].
Germany-Japan.—^Treaty of Commerce
1911
24 june
and
Navigation
(Article
1). Ratified
[N.R.G.M., 3rd ser.. Vol. VIII, p. 804].
Bolivia-Great Britain.—Treaty of Com1911
merce. Exch. rat., 5 July 1912 [N.R.G.M.,
1 Aug.
3rd ser.. Vol. VIII, p. 822].
France-Japan.—Treaty of Amity, Com1911
merce, and Navigation. Exch. rat., 26-29 Feb.
19 Aug.
1912 [N.R.G.M., 3rd ser., Vol. VIII, p. 867].
Germany-Bulgaria.—Treaty: Legal Ques1911
29 Sept. tions and reciprocal assistance of Civil Courts
(Artiele 5). Exch. rat., 21 June 1913 [N.R.G.M.,
3rd ser.. Vol. IX, p. 231].
Denmark-Japan.—Treaty of Commerce
1912
12 Feb.
and Navigation (Article 1). Exch. rat., 6 May
1912 [N.R.G.M., 3rd ser.. Vol. VIII, p. 623].
Bolivia-Colombia.—Treaty of Amity (Ar1912
19 March tide 5). Bxch. rat., 20 Dec. 1912 [N.R.G.M.,
3rd ser.. Vol. IX, p. 562].
France-Monaco.—Convention : Customs
1912
10 April Arrangements and Neighbourliness (Articles
19 and 24). Exch. rat., 6 April 1914 [N.R.G.M.,
3rd ser.. Vol. X, p. 180].
1911
21 Feb.
36
31
98,181
31
104
99
31
31,177
31
30
31
105
31
181
116,118
BILATERAL TREATIES
1912
6 July
1912
6 July
1912
31 July
1912
17 Aug.
1912
28 Oct.
1912
28 Oct.
1912
25 Nov.
1913
12 Feb.
1912
30 Nov.
1913
8 April
1913
2 May
1913
21 July
1913
13 Oct.
1914
4 May
1914
22 May
Germany-Belgium.—Convention : Insurance against Accidents (Workmen’s Compensation). Exch. rat., 10 Jan. 1913 [N.R.G.M.,
3rd ser., Vol. IX, p. 618]. Again put into
operation 30 June 1920, in conformity with
Article 289 of the Treaty of Versailles.
Japan-Netherlands.—Treaty of Commerce
and Navigation. Exch. rat., 8 Oct. 1913
[N.R.G.M., 3rd ser.. Vol. IX, p. 425].
Germany-Italy.—Convention relating to
Workers’ Insurance. Bxoh. rat., 25 March
1913 [N.R.G.M., 3rd ser., Vol. IX, p. 627].
Argentma-Italy.—Convention : Hygiene
(Article 16). Exch. rat., 9 April 1913 [N.R.G.M.,
3rd ser.. Vol. IX, p. 817].
France-Italy.—Declaration : Relations between these two countries in Lvbia and Morocco
[N.R.G.M., 3rd ser.. Vol VIII¡ p. 144].
Austria-Hungary-Japan.—^Treaty of Amity and Commerce. Bxch. rat., 26 June 1913
[N.R.G.M., 3rd ser.. Vol. VIH, p. 834].
Italy-Japan.—Treaty of Commerce and Navigation. Exch. rat., 17 June 1913 [N.R.G.M.,
3rd ser.. Vol. IX, p. 435].
Germany-Spain.—Exchange of Notes :
Reciprocal notification of accidents to seamen
[Bulletin of the International Labour Office,
Basle, 1913, Vol VIII, p. 247].
Norway-Sweden.—Convention : Right of
Nomadic Lapps to Pasturage for their Reindeer.
Exch. rat., 15 May 1913 [N.R.G.M., 3rd ser..
Vol. X, p. 254].
Netherlands-Sweden.—Arrangement : Relief of Distressed Seamen. Exch. rat., 19 July
1913 [N.R.G.M., 3rd ser.. Vol. X, p. 259].
Belgium-Netherlands.—Arrangement :
Repatriation of minors who have escaped
from parental authority.
France-Switzerland.—^Arrangement : Railway Employees’ Pensions [Bulletin of the
International Labour Office, Basle, 1914 :
Vol XII, p. 61].
Italy-Uruguay.—Sanitary Convention (Article 16). Exch. rat., 30 Nov. 1914 [N.R.G.M.,
3rd ser., Vol. XII, p. 161].
Spain-Liberia. — Convention : Recruitment of Liberian workers for employment in
the Colony of Fernando Po. Exch. rat., 7 May
1915 [Instituto de Reformas Sociales, Sección,la
“Legislación del Trabajo”, apéndice undécimo
1915. Legislación. Proyecto de reforma,Madrid
1916, p. 27.—^Bulletin of the International
Labour Office, Basle, 1917, Vol. XII, p. 1].
277
208, 214
31
199,201,216,
221
65
239
31
31
215
260
113
115
194 et seq.
65
52, 76, 160
278
CHRONOLOGICAL HST OF TREATIES, ETC.
Germany- Netherlands.— Supplementary
Convention to the Accident Insurance Convention of 27 Aug. 1907. Exch. rat., 12 May 1915
[N.R.G.M., 3rd ser.. Vol. XII, p. 184].
France-Great Britain.—Protocol concern1914
6 Aug.
ing the New Hebrides. Exch. rat., 18 March
1922 [T.S., No. 278, Vol. X, p. 334].
France-Italy.—Declaration ; to extend the
1916
9 March application of agreements arrived at between
France and Italy to cover the French Zone of
Morocco.
France-Serbia.—Convention : Education of
1916
Serbians in France; French Act of Approval,
9 Nov.
24 March 1922 [Journal officiel de la République
française. No.; 84, 26 March 1922, p. 3302].
Germany-Turkey.—^Residence
Treaty.
1917
Exch. rat., 10 April 1918 [N.R.G.M., 3rd ser.
11 Jan.
'>
Vol. IX, p. 729].
Germany-Turkey.—Judicial Convention.
1917
Exch. rat., 10 April 1918 [N.R.G.M., 3rd ser..
11 Jan.
Vol. IX, p. 709].
1917
Japan-Mexico.—Convention ; Freedom to
26 April exercise the profession of medicine [N.R.G.M.,
3rd ser.. Vol. XVIII, p. 412].
1917
France-San Marino.—Convention : Work9 Aug.
men’s eompensation for accidents. Approved
in France by Decree of 27 July 1918 [Journal
officiel de la République française, 30 July 1918].
Itaiy-Nicaragua.—Convention : Nationa1917
20 Sept.
lity Rights. Approved by the Italian Parliament 27 May 1923 [Camera dei Deputati-Atti
parlamentar!, legislature XXVI a, sessione
1922-1923, No. 1158, Rome].
1917
France-Serbla.—Convention : Admission
of Serbian Nationals to Technical and Trade
27 Nov.
Schools in France. French Act of Approval,
24 March 1922 [Journal officiel de la République française. No. 84, 26 March 1922,
p. 3302].
Chile-Ecuador.—Convention ; Mutual re1917
cognition of Professional Diplomas. Ratified
17 Dec.
in Chile, 3 Sept. 1924 [Memoria del Ministerio
de Relaciones Exteriores. Chile, 1915-1919,
p. 87].
United States-Great Britain.—Conven1918
3 June
tion : Military Service of the respective nationals. Exch. rat., 30 July 1918 [N.R.G.M.,
3rd ser.. Vol. X, p. 395].
1918
United States-Greece.—Idem. Exch. rat.,
30-17 Aug. 12 Nov. 1918 [N.R.G.M., 3rd ser.. Vol. X,
p. 406].
United States-Italy.—Idem. Exch. rat.,
1918
24 Aug.
12 Nov. 1918 [N.R.G.M., 3rd ser.. Vol. X,
p. 402].
1914
30 May
215
242
213,240
118
67, 98,104
111
181
213
98
118
181
123
123
123
BILATERAL TREATIES
1918
26 Aug.
1918
9 Aug.
19 Sept.
1918
3 Sept.
1918
7 Dee.
1919
4 May
1919
3 Sept.
1919
12 Sept.
1919
30 Sept.
1919
17 Nov.
1919
27 Nov.
1919
27 Nov.
Ecuador-Japan.—^Treaty of Amity, Commeree and Navigation (Artieles 11,12 and 14).
Exch. rat., 31 Mareh 1919 [N.R.G.M., 3rd ser..
Vol. XVIII, p. 416].
Ecuador-Japan.—Exchange of Notes :
Immigration into Ecuador of Japanese subjects, and their enjoyment of civil rights there
[N.R.G.M., 3rd ser.. Vol. XVIII, p. 421].
United States-France.—Convention : Military Service of the respective Citizens. Exch.
rat., 8 Nov. 1918 [N.R G.M., 3rd ser.. Vol. X,
p. 409].
France-Italy.—^Agreement : Movements
of the respective nationals [Journal officiel,
1921, No. 217, 13 Aug. 1921, p. 9518]. Agreement of 18 July 1921 : extension of the regime
governing movements of nationals, to cover
Monaco [Ibid., p. 9520].
Spain-Italy.—Declaration : Relations between the two countries in Lybia and in Morocco [N.R.G.M., 3rd ser.. Vol. VIII, p. 145].
France-Poland —Convention : Emigration and Immigration. Exch. rat., 15 April
1920 [T.S., No. 28, Vol. I, p. 338. Errata,
Vol. Ill, p. 280.—L.S., 1919, Int. 1].
France-Italy.—Exchange of Notes concerning delimitation of Frontiers between Tunis
and Tripolitania, the system of Italian private
schools, and industrial accidents in Tunis.
Put into operation : in France by Decree dated
6 Dec. 1923, and in Italy by Decree dated
22 Sept. 1923 [Journal officiel. No. 335,11 Dee.
1923, p. 11527.—Gazzetta Ufficiale, 9 Feb.
1924, No. 34, p. 627].
France-Italy.—Labour Treaty. Exch. rat.,
17 May 1921 [T.S., No. 133,Vol. V, p. 280—
L.S.,1920, Int. 2]. Cf. also 16-19 Feb. 1920.
279
31
31
123
257, 258
239
67, 75, 126,
143,189,196,
211
119,213
77, 90, 107,
112,119,122,
126,138.143,
168,189,190,
192,193,196,
221, 240
Japan-Paraguay.—Treaty of Commerce. 31
Exch. rat., 25 Aug. 1921 [T.S., No. 169, Vol. VI,
p. 368] ; and exchange of notes relating to the
immigration of Japanese to Paraguay,
29-30 Nov. 1920 [Ibid., p. 374].
Argentina-Spain.—Convention : Recipro- 207
city in respect of workmen’s compensation for
accidents. Exch. rat., 28 Sept. 1922 [Crónica
mensual del Departamente Nacional del Trabajo, Rueños Aires, Oct. 1922.—L.S., 1920,
Int. 4 and 5].
Bulgaria-Greece.—Convention relating to 255
reciprocal emigration. Exch. rat., 9 Aug. 1920
[T.S., No. 9, Vol. I, p. 68].
1 In the Legislative Series, this Convention is erroneously dated : “7 September”; read;
"3 September”.
280
CHRONOLOGICAL LIST OF TREATIES, ETC.
France-Italy.—Declaration (Additional to
1920
16-19 Feb. the Labour Treaty of 30 Sept. 1919) [T.S.,
No. 204, Vol. VIII, p. 42].
France-Czechoslovakia. — Convention :
1920
20 March Emigration and Immigration. Exch. rat.,
30 Nov. 1920 [T.S., No. 95, Vol. Ill, p. 140.—
L.S., 1920, Int. 3].
Argentina-Italy.—Convention : Work1920
26 March men’s Compensation for Accidents. Exch. rat.,
31 Aug. 1921 [T.S., No. 400, Vol. XV, p. 272.—
L.S., 1920, Int. 4 and 5].
Great Britain-Portugal.—Agreement re1920
newing that of 28 Aug.-4 July 1914 : Recruit7 April
ment at Tete (Mozambique) of workers for
Southern Rhodesia [T.S., No. 134, Vol. V,
p. 298].
Germany-Czechoslovakia.—Treaty: ques1920
tions of nationality. Exch. rat., 12 Sept.
29 June
1922 [T.S., No. 509, Vol. XX, p. 86].
Germany - Czechoslovakia. — Economic
1920
Convention (Articles 19 and 20). Exch. rat.,
29 June
12 Sept. 1922 [T.S., No. 430, Vol. XVII, p. 69].
Great Britain-Gi^eece.—Arrangement :
1920
Suppression of the capitulations in Egypt.
22 Aug.
Exch. rat., 4 Jan. 1921 [N.R.G.M., 3rd ser.,
Vol. XV, p. 305).
Italy-Sweden.—Exchange of Notes : Reci1920
28 Aug.
procity of Treatment in the matter of accident
12 Jul y
insurance. Swedish Executive Decree, 4 Nov.
1921.
Germany-Austria.—Economic
Conven1920
1 Sept.
tion. Exch. rat., 12 Feb. 1921 [T.S., No. 107,
Vol. IV, p. 202].
France-Poland.—Convention : Relief and
1920
14 Oct.
Social Welfare. Ratified by Poland on 11 May
1922 [Dziennik Ustaw, 1922, No. 54, p. 899],
and by France on 31 March 1923 [Journal
officiel, 1923, No. 92, p. 3426.—L.S., 1923,
Int. 1].
Germany-Denmark,—Agreement : Faci1920
lities accorded in the matter of passports to
23 Oct.
residents in the frontier zones. Became operative on the date of signature. Complementary agreement dated 12 July 1921 [T.S.,
Nos. 645 and 646, Vol. XXVI, pp. 152 and 164].
Danzig (Free City of)-PoIand.—Conven1920
tion : Relationship in general (Article 24).
9 Nov.
Exch. rat. [T.S., No. 153, Vol. VI, p. 190].
Italy-Luxemburg.—Labour Treaty. Not
1920
11 Nov. ratified [L.S., 1920, Int. 6].
141, 196
75,126, 186,
170,189,190,
210,214
207
158
254
195
98, 102
216, 218
48
75. 90, 107,
112,122,144,
192,193,196,
221
258
50
76, 77, 90,
112,118,119,
151,189,192,
193,201,202,
216,221, 225
BILATERAL TREATIES
1920
Japan-Paraguay.—Cf. 17 Nov. 1919.
29-30 Nov.
Great Britain-Portugal.—Arrangement ;
1920
Abolition of the capitulations in Egypt. Exch.
9 Dec.
rat., 29 Sept. 1921 [T.S., No. 192, Vol. VII,
p. 258].
1921
Belgium-Netherlands.—Convention : An9 Feb.
cident Insurance. Exch. rat., 13 April 1922
[T.S., No. 299, Vol. XI, p. 334.—L.S., 1921,
Int. 3].
1921
France-Belgium.—Convention : Miners’
14 Feb.
Pensions. Exch. rat., 15 June 1922 [T.S.,
No. 317, Vol. XII, p. 245.—L.S., 1921, Int. 1].
Cf. also 21 May 1927.
1921
Belgium-Great Britain.—Convention :
15 March Belgian traffic across East Africa [T.S., No. 138,
Vol. V, p. 320].
Italy-Switzerland.—Notes : Reciprocity of
1921
4, 11, 15
treatment in respect of Unemployment Relief
and
[L.S., 1921, Int. 2].
16 March
1921
Russia-Turkey.—Treaty of Fraternal Con16 March cord (Article 8). Exch. rat., 22 Sept. 1921
[N.R.G.M., 3rd ser., Vol. XVI, p. 37].
1921
Italy-Czechoslovakia.—Treaty of Com23 March merce and Navigation (Article 35). Exch. rat.,
1 March 1924 [T.S., No. 815, Vol. XXXII,
p. 184].
1921
Great Britain-Norway.—Arrangement :
22 April
Suppression of the capitulations in Egypt TT.S.,
No 114, Vol. V., p. 34].
1921
Austria - Czechoslovakia. — Commercial
4 May
Agreement : (Articles 2, 3 and 22, and Schedule A to Article 12). Exch. rat., 4 Nov. 1922
[T.S., No. 388, Vol. XV, p. 13.—Extract, L.S.,
1922, Int. 1].
1921
Latvia-Lithuania.—Convention : Rights of
14 May
the Respective Citizens. Exch. rat., 20 May
1922 [T.S., No. 439, Vol. XVII, p. 234].
1921
Germany-China.—Notes appended to the
20 May
Treaty of Peace and Amity [T.S., No. 261,
Vol. IX, p. 272].
1921
Austria - Poland. — Agreement : Reeruit24 June
ment of Polish agricultural workers for
Austria. Cf. also 25 September 1922.
1921
Great Britain-Sweden.—Exchange of
24 May
Notes : Lunatics. Came into immediate opera21 Sept.
tion [T.S., No. 181, Vol. VII, p. 127].
1921
Great Britain-Sweden.—Arrangement :
Suppression of the capitulations in Egypt.
8 July
Ratification not provided for [T.S., No. 139,
Vol. V, p. 330].
281
31
81,98,102
208
219
60
225
91
112,118.193,
195, 217
81,98,102
42, 59, 62,
130,195, 258
30,68, 80,
83, 90,105
118
76
117
81, 98, 102
282
1921
12 July
1921
14 July
1921
29 June
18 Aug.
1921
28 June,
22 July,
7 Sept.
1921
4 July
20 Sept.
1921
26 Sept.
CHRONOLOGICAL LIST OF TREATIES, ETC.
Germany-Denmark.—Cf. 23 Oct. 1920. 258
Denmark-Great Britain.—Arrangement : 81,98,102
Legal position of Danish nationals in Egypt.
Ratification not provided for [T.S., No. 151,
Vol. VI, p. 182].
Germany-Austria.—Exchange of Notes : 224
Unemployment Relief. Came into retrospective operation as at 9 May 1920 [T.S., No. 753,
Vol. XXIX, p. 430]. Gf. also 18 Feb. 1924
and 29 Feb. 1928.
Sweden-Czechoslovakia.—Exchange of 117
Notes : Lunatics. Came into immediate operation [T.S., No. 177, Vol. VII, p. 97].
Portugal-Sweden.—Exchange of Notes :
Lunatics. Came into immediate operation
[T.S., No. 183, Vol. VII, p. 143].
China-Mexico.—Exchange of Notes : Provisional Amendment of the Treaty of Amity,
Commerce and Navigation dated 14 Dec. 1899 ;
Immigration of Workers. Came into operation
on the date of Exchange of Notes [T.S., No. 352,
Vol. XIII, p. 202].
1921
Brazil-Italy.—Convention : Emigration and
8 Oct.
Labour. Exch. rat., 17 March 1923 [T.S.,
No. 401, Vol. XVI, p. 10.—L.S., 1921, Int. 1].
1921
France-Turkey.—Agreement with a view
to promoting peace (Article XIII). Approved
20 Oct.
by the French Government 28 Oct. 1921, such
approbation entailing de plano that of the
Turkish Government [T.S., No. 1284, Vol. LIV,
p. 178].
1921
Danzig (Free City of)-Poland.—Supple24 Oct.
mentary Convention to that of 9 Nov. 1920
(Articles 14 to 31 and 62 to 64). Exch. raj.,
31 Dec. 1921 [N.R.G.M., 3rd ser., Vol. XVI,
p. 135].
1921
Belgium-France.—Convention regarding
Public Relief. Exch. rat., 14 Dec. 1923 [T.S.,
30 Nov.
No. 680, Vol. XXVII, p. 174]. Cf. also 13 May
1924.
Germany-Kingdom of the Serbs, Croats
1921
and Slovenes.—Treaty of Commerce (Arti5 Dec.
cle 8). Exch. rat., 10 June 1922 [N.R.G.M.,
3rd ser., Vol. XV, p. 849].
1921
Flnlandr-Russia.^—Arrangement : trans14 Dec.
port of passengers. Came into operation
without ratification [T.S.. No. 414, Vol. XVI,
p. 222].
Sweden - Switzerland. — Exchange
of
1921
17-19 Dec. Notes : Passport Visas [T.S., No. 239, Vol.
IX, p. 12].
117
34
60,163,189.
192,216
259
105
107,108, 122
59
52
43
BILATERAL TREATIES
1922
20 Jan.
1922
8 Feb.
1922
11 Feb.
1922
6 April
1922
10 April
1922
12 May
1922
15 May
1922
18 May
1922
24 June
1922
24 June
1922
24 June
1922
26 June
1922
6 July
30 Aug.
1922
7 July
Germany-Czechoslovakia.—Treaty : Legal Safeguards and Legal Assistance in Proceedings under Civil Law. Bxch. rat., 28 May
1924 [T.S., No. 648, Vol. XXVI, p. 202].
Austria-Hungary.—Commercial Convention. Exch. rat., 20 Feb. 1922 [T.S., No.402,
Vol. XVI, p. 19].
United States-Japan.—Treaty : Pacific
Ocean Islands under Japanese Mandate [T.S.,
No. 311, Vol. XII, p. 202].
Italy-Czechoslovakia.—Agreement : Legal
position of respective subjects. Exch. rat.,
31 May 1926 [T.S., No. 1314, Vol. LV, p. 189].
Germany-Denmark.—Agreement : Grazing Traffic [T.S., No. 730, Vol. XXIX, p. 10].
Italy - Poland.—Commercial Convention
(Article 16). Exch. rat., 15 March 1923 [T.S.,
No. 1399, Vol. LIX, p. 293.—Extract, L.S.,
1922, Int. 2].
Germany-Poland.—Convention : Upper
Silesia. Exch. rat., 3 June 1922 [N.R.G.M.,
3rd ser., Vol. XVI, p. 645 i]. Complementary
Agreements of 15 July 1922 [T.S., No. 654,
Vol. XXVI, p. 354] and 10 July 1923 [T.S.,
No. 884, Vol. XXXIV, p. 35].
France-Swltzerland.—Declaration : Situation of Belgians in French Equatorial Africa
[Feuille fédérale, 1922, Vol. II, p. 629].
Germany-Free City of Danzig-Poland.
—Agreement : Privileged Transit. Exch. rat.,
30 April 1924 [T.S., No. 653, Vol. XXVI,
p. 272].
Latvia-Russian Federal Soviet Republic and the Soviet Republics of the
Ukraine and White Russia.—Sanitary Convention (Article 26). Exch. rat., 18 Oct.
1923 [T.S., No. 966, Vol. XXXVIII, p. 10].
Estonia-Latvia.—Sanitary Convention (Article 26). Exch. rat., 30 Nov. 1923 [T.S.,
No. 967, Vol. XXXVIII, p. 58].
Poland-Switzerland.—Commercial Convention (Article 10). Exch. rat., 5 Aug. 1922
[T.S., No. 322, Vol. XII, p. 306].
Switzerland - Norway.—Diplomatic Correspondence concerning Passports [N.R.G.M.,
3rd ser., Vol. XVI, p. 632].
Latvia-Poland.—Sanitary Convention (Artide 14). Exch. rat, 7 April 1925 [T.S.,
No. 958, Vol. XXXVIII, p. 318].
283
104
132,179
248
104
260
50,54
60, 254, 258
242
60
65
65
59, 179
43
65
1 By a printer’s error, the title of this Convention appears in the Recueil Martens with
the date : 15 March. This should read : 15 May.
284
CHRONOLOGICAL LIST OF TREATIES, ETC.
1922
27 July
Germany-France.—Convention : Crews
on Rhine Vessels [Bulletin du ministère du
Travail, 1922, Nos. 10-11-12, p. 365.—L.S.,
1922, Int. 4].
Brazil-Great Britain.—Treaty : Double
nationality.
Finland-Russia.—Convention : Repatriation. Came into operation without ratification [T.S., No. 489, Vol. XIX, p. 106].
Germany-Belgium.—Arrangement relating to option. Exch. rat., 15 Sept. 1924
[T.S., No. 1009, Vol. XLI, p. 141].
Poland-Czechoslovakla.—Convention
:
Permission to doctors and midwives of one of
the two countries to practise their profession
in the other country. Exch. rat., 27 May 1926
[T.S., No. 1216, Vol. L, p. 321].
Austria - Poland.—Commercial Convention
(Article 20). Exch. rat., 5 Jan. 1923 [T.S.,
No. 1400, Vol. LIX, p. 307].
France - Czechoslovakia. — Convention :
Legal Protection and Assistance. Exch. rat.,
27 Feh. 1926 [T.S., No. 1141, Vol. XLVII,
p. 365].
Latvia-Czechoslovakia.—Treaty of Commerce (Articles 13, 14 and 18). Exch. rat.,
25 Oct. 1923 [T.S., No. 528, Vol. XX, p. 380).
Great Britain-Iraq.—Treaty of Alliance
(Article XI). Exch. rat., 19 Dec. 1924 [T.S.,
No. 890, Vol. XXXV, p. 14]. Cf. also 30 April
1923.
Mexico-Sweden.—Exchange of Notes :
Lunatics [T.S., No. 459, Vol. XVIII, p. 122].
180,199,216
221,228
Estonia-Hungary.—Treaty of Commerce.
Exch. rat., 9 Sept. 1924 [T.S., No. 774, Vol.
XXX, p. 348].
Belgium-Sweden.—Exchange of Notes :
Lunatics [T.S., No. 459, Vol. XVIII, p. 122].
Finland-Russia.—Convention : Conditions
of Free Transit for the Russian State and
its nationals through the Territory of Petsamo
(Petchunga). Came into operation 28 Nov.
1922 [T.S., No. 493, Vol XIX, p. 200].
Belgium-France.—Arrangement for the
execution of the Convention of 14 Feh. 1921
coneerning miners’ pensions [Bulletin du
ministère du Travail, Paris, 1922. Nos. 10-1112, p. 362.—L.S., 1922, Int.3].
Japan-Poland.—Treaty of Commerce and
Navigation. Exch. rat., 8 Jan. 1925 [T.S.,
No. 806, Vol. XXXII, p. 62].
177
1922
29 July
1922
12 Aug.
1922
11 Sept.
1922
23 Sept.
1922
25 Sept.
1922
7 Oct.
1922
7 Oct.
1922
10 Oct.
1922
19 Oct.
28 July
1922
19 Oct.
1922
25 Oct.
1922
28 Oct.
1922
7 Nov.
1922
7 Dec.
100
255
255
182
132,189,195
104
59
102
117
116
60
219
31
285
BILATERAL TREATIES
1922
20 Dec.
1922
21 Dec.
1922
30 Dec.
1923
4- Jan.
1923
30 Jan.
1923
7 Feb.
1923
13 Feb.
1923
16 Feb.
Poland-Rumania.—Sanitary Convention
(Article 13). Exch. rat., 11 July 1923 [T.S.,
No. 458, Vol. XVIII, p. 104].
Italy-Czechoslovakia.—Agreement : Passports and Visas [Gazzetta Ufflciale, 1923,
No. 106.—Sammlung der Gesetze und Verordnungen der tschekoslowakischen Republik,
No. 15, 19 Jan. 1924].
Economic Union of Belgium and Luxemburg-Poland.—Treaty of Commerce (Articles 9 and 11 and Final Protocol). Exch. rat.,
20 Sept. 1923 [T.S., No. 542, Vol. XXI, p. 184].
France-Luxemburg.—Convention : Public
Relief. Promulgated in France by Decree dated
28 Aug. 1924 [Journal officiel, 31 Aug. 1924,
p. 8065]. Cf. also 28 May-30 Nov. 1926.
Greece-Turkey.—Convention : Exchange
of Greek and Turkish population; followed by
a Protocol. Ratified by Greece on 25 Aug.
1925, and by Turkey on 24 Aug. 1925 [T.S.,
No. 807, Vol. XXXII, p. 75]. Cf. also 1 December 1926.
Poland-Russia.—Sanitary Convention.
Exch. rat., 8 Jan. 1924 [T.S., No. 1186, Vol.
XLIX, p. 285].
United States-France.—Establishment in
the part of the Cameroons under French Mandate. Exch. rat., 3 June 1924 [T.S., No. 640,
Vol. XXVI, p. 54].
Belgium-Swltzerland.—Convention : Position of Swiss Nationals in the Belgian Congo.
Came into operation on 20 Sept. 1923 [N.R.
G.M., 3rd. ser., Vol. XV, p. 304].
Hungary - Sweden. — Notes : Lunatics
[T.S., No. 426, Vol. XVII. p. 36].
1923
26 Feb.
1921
26 May
1923
Kingdom of the Serbs, Groats and Slo17 March venes-Czechoslovakia.—Convention ; Regulation of Legal Relations. Exch. rat., 6 June
1924 [T.S., No. 678, Vol. XXX, p. 185].
1923
Germany-Switzerland.—Treaty and Pro24 March tocol ; Double taxation in respect of earned
income. Exch. rat., 20 Dec. 1923 [T.S., No 666,
Vol. XXVIII, p. 42].
1923
Liechtenstein-Switzerland.—Treaty : Re29 March garding inclusion of the Principality of Liechtenstein in the Swiss Customs Area, with
Final Protocol. Exch. rat., 28 Dec. 1923
[T.S., No. 545, Vol. XXI, p. 232].
1923
Luxemburg-Sweden.—Exchange of Notes :
11 April Lunatics [T.S., No. 423, Vol. XVI, p. 454].
1921
15 June
65
62
49, 54. 59,
179
107,108,122
255
65
248
242
117
94,105
122
39, 259
117
286
CHRONOLOGICAL LIST OF TREATIES, ETC.
1923
14 April
Egypt-Italy.—Agreement : Nationality of 98
Lybians residing in Egypt. Exch. rat., 29 Dec.
1923 [N.R.G.M., 3rd ser., Vol. XV, p. 317].
Denmark-Russia.—Preliminary
Agree- 178
ment : Economic and Political relations.
Exch. rat., 15 July 1923 [T.S., No. 450, Vol.
XVIII, p. 16].
Finland-Norway.—^Notes : Lunatics [T.S., 116
No. 496, Vol. XIX, p. 226],
1923
23 April
1923
9 March
28 April
1923
30 April
1922
10 Oct.
1923
28 April
2 May
Great Britain-Iraq.—Treaty of Allianee
(Article XI). Exch. rat., 19 Dec. 1924 [T.S.,
No. 890, Vol. XXXV, p. 29]. Cf. also 25 March
1924.
Germany-Czechoslova kia.—Protocol and
Notes : Treatment of Nationals of the two
countries. Came into operation 2 May 1923
[T.S., No. 793, Vol XXIX, p. 165].
1923
Japan-Sweden.—Exchange of Notes :
1-5 May Lunatics [T.S., No. 446, Vol. XVII, p. 391].
Poland-Kingdom of the Serbs, Croats
1923
9 May
and Slovenes.—Convention : Medical aid.
Exch. rat., 20 Feb. 1924 [T.S., No. 1187, Vol.
XLIX, p. 315].
Greece-Kingdom of the Serbs, Croats
1923
10 May
and Slovenes.—Convention and Protocol :
Transit via Salónica. Exch. rat., 30 May 1924
[T.S., No. 635, Vol. XXV, p. 442].
1923
France-Great Britain.—Exchange of
24 May
Notes : Nationality in Tunis and in Morocco
[T.S., No. 472, Vol. XVIII, p. 306].
1923
Germany-Lithuania.—Treaty of Com1 June
merce (Articles 21, 22, 23 and 31. Exch. rat.,
5 May 1926 [T.S., No. 1244, Vol. LI, p. 387.—
Extract : L.S., 1923, Int. 4]. Cf. also 16 July
1925.
Germany-Austria.—Treaty ; Legal Safe1923
21 June
guards and Legal Assistance. Exch. rat.,
14 April 1924 [T.S., No. 668, Vol XXVII, p. 58].
1923
Great Brltain-Latvia.—Treaty of Com22 June
merce and Navigation (Article 13). Exch.
rat., 5 Nov. 1923 [T.S., No. 529, Vol. XX,
p. 396].
1923
Germany-Estonia.—Commercial Agree27 June
ment (Article 7). Bxch. rat., 5 Sept. 1924
[T.S., No. 1013, Vol. XLI, p. 161].
1923
Denmark-Sweden.—Exchange of Notes :
9-13 July Lunatics [T.S., Nos. 460 and 461, Vol. XVIII,
pp. 131 and 143].
1923
Belgium-Luxemburg.—Declaration rela17 July
ting to relief and repatriation of paupers.
Came into operation 1 Aug. 1923 [T.S., No. 686,
Vol. XXVII, p. 236].
102
69
117
111
60
99
49, 68, 148
177,200
104
59
118
116
109, 116
BILATERAL TREATIES
1923
18 July
1923
31 May
21 July
1923
23 July
1923
30 April
27 July
1923
17 Aug.
Denmark-Lithuanla.—Provisional Commercial Agreement [T.S., No. 518, Vol. XX,
p. 918].
Germany-Saar Basin Governing Commission.—Agreement : Social insurance [T.S.,
No. 693, Vol. XXVII, p. 296].
Poland-Turkey.—Residence Convention.
Exch. rat., 17 March 1924 [T.S., No. 1190,
Vol. XLIX, p. 346].
Chile-Norway.—Notes : Lunatics [T.S.,
No. 848, Vol. XXXIII, p. 250].
France - Czechoslovakia. — Commercial
Convention : Protocol of Signature (Article 28).
Came into operation 1 Sept. 1923 [T.S„ No.
1080, Vol. XLIV, p. 21].
1923
Flnland-Sweden.—Arrangement : Work11 Sept. men’s Compensation for Accidents. Came
into immediate operation [T.S., No. 508, Vol.
XX, p. 79.—L.S., 1923, Int. 3].
Belgium-Luxemburg.—Agreement : In1023
21 Sept. tellectual opportunities and schools [Moniteur
Belge, No. 123, 2 May 1924, p. 2317].
1923
France-Norway.—Notes : Lunatics [T.S.,
14 March No. 847, Vol. XXXIII, p. 238],
1 Oct.
1923
Mexico-Norway.—Idem. [T.S., No. 849,
14 March Vol. XXXIII, p. 256].
1 Oct.
1923
Belgium-Italy.—Administrative
Agree1 Oct.
ment : Recruitment of Italian Workers for
Belgian Industry.
1923
Germany-South Africa.—^Memorandum :
23 Oct.
Legal position of Germans residing in the
Mandated Territory of South-West Africa
[T.S., No. 721, Vol. XXVIII, p. 418].
1923
1 Nov.
1923
23 Oct.
6 Nov.
1923
10 Nov.
1928
16 Nov.
287
178
194 et seq.
30, 68, 86
105,178
116
177
212, 218
118
117
117
135
248
Estonia-Latvia.—Treaty ; Economic and 212
Customs Union (Articles 1 to 5, 8 and 12).
Exch. rat., 21 Feb. 1924 [T.S., No. 624, Vol.
XXV, p, 360.—Extract : L.S., 1923, Int. 6].
Japan-Norway.—Notes ; Lunatics [T.S., 117
No. 850, Vol. XXXIII, p. 266].
Finland-Poland.—Treaty of Commerce 179,195
and Navigation (Article 12). Exch. rat.,3 Sept.
1924 [T.S., No 744, Vol. XXIX, p. 230.—
Extract : L.S. 1923, Int. 5].
Japan-Kingdom of the Serbs, Croats 31
and Slovenes.—Treaty of Commerce and
Navigation. Exch. rat., 13 Jan. 1925 [T.S.,
No.1035, Vol. XLII, p. 99].
288
1923
19 Nov.
CHRONOLOGICAL LIST OF TREATIES, ETC.
Himgary-Latvia.—Treaty of Commerce
and Navigation (Articles 1 to 3, 7 to 9, and 19).
Ech. rat., 7 May 1925 [T.S., Vol. XXXVII,
p. 342].
1923
United States-Bulgaria.—Treaty : Natu23 Nov.
ralisation. Exch. rat., 5 April 1924 [T.S.,
No. 611, Vol. XXV, p. 238].
1923
Bulgaria-Kingdom of the Serbs, Croats
26 Nov.
and Slovenes.—Convention : Free medical
aid and hospital treatment. Exch. rat.,
8 July 1924 [T.S., No. 644, Vol. XXVI,
p. 142].
1923
Bulgaria-Kingdom of the Serbs, Croats
26 Nov.
and Slovenes.—Convention : Legal aid.
Exch. rat., 8 July 1924 [T.S., No. 642, Vol.
XXVI, p. 86].
1923
Great Britain-Poland.—Treaty of Com26 Nov.
merce and Navigation (Article 2). Exch. rat.
Adhesion of Danzig, 1 July 1924 [T.S.,
No. 722, Vol. XXVIII, p. 429].
1923
Estonia-Sweden.—Declaration : Appli27 Nov.
cation of the Convention of 17 July 1905 on
Civil Procedure [T.S., No. 1355, Vol. LVII,
p. 83].
1923
Denmark-Norway.—Notes : Lunatics
14-30 Nov. [T.S., No. 555, Vol. XXII. p. 122].
Denmark-Flnland.—Declaration : Work1923
ers’ accident insurance. Came into operation
30 Nov.
without ratification [T.S., No. 571, Vol. XXII,
p. 428.—L.S., 1923, Int. 3].
Germany-United States.—Treaty of
1923
Friendship, Commerce and Consular Relations
8 Dec.
(Articles 1, 2 and 25). Ratified with two
reservations by the Washington Senate.
Exch. rat., 14 Oct. 1925 [T.S., No 1254, Vol.
LII, p. 134].
Great Britain-Finland.—Treaty of Com1923
14 Dec.
merce and Navigation (Article 11). Exch.
rat., 4 July 1924 [T.S., Vol. XXIX, p. 129].
Albania-Turkey.—Treaty of Amity. Exch.
1923
15 Dec.
rat., 30 May 1925 [N.R.G.M., 3rd ser., Vol. XV,
p. 468].
Switzerland - Liechtenstein.—Agreement
1923
concerning police regulations applicable to
28 Dec.
foreigners [N.R.G.M., 3rd ser., Vol. XVII,
p. 404].
Estonia-Latvia.—^Agreement : concerning
1924
the crossing of the frontier by the inhabitants
10 Jan.
of the frontier zone. Came into operation on
1 March 1924 [T.S., No. 968, Vol. XXXVIII,
p. 104, and XLV, p. 178]. Cf. also 21 May
1924.
179
98,99
110
105
48,54
103
116
210, 212
29,216,218
59
67
39, 154
257
BILATERAL TREATIES
1924
28 Jan.
1924
18 Feb.
1924
29 Feb.
1924
29 Feb.
1924
1 March
1924
4 March
1924
5 March
1924
5 March
1924
10 March
1924
18 March
1924
19 March
1924
25 March
1924
4 April
1924
16 April
Austrla-Turkey.—Convention : Residence.
Exch. rat., 23 Oct. 1924 [T.S.. No. 822, Vol.
XXXII, p. 304].
Germany-Austria.—Exchange of Notes :
Relief for the unemployed. Came into operation on 3 March 1924 [T.S., No. 754, Vol.
XXIX, p. 436].
Albania-Italy.—Consular Convention (Articles 14 and 15). Exch. rat., 21 Jan. 1926
[T.S., No. 1093, Vol. XLIV, p. 343].
Albania-Italy.—Convention : Residence.
Exch. rat., 21 Jan. 1926 [T.S., No. 1092,
Vol. XLIV, p. 331].
Italy-Czechoslovakia.—Consular Convention (Article 11). Exch. rat., 19 Jan. 1925
[T.S., No. 867,. Vol. XXXIV, p. 56].
Germany-Czechoslovakla.—Agreement :
Frontier Traffic [T.S., No 1018, Vol. XLI,
p. 243].
Germany-Poland.—Treaty : Civil and
Criminal Law (Articles 5 and 6). Exch. rat.,
31 March 1926 [T.S., No. 1182, Vol. XLIX,
p. 182].
Germany-Poland.—Convention : Guardianship of Minors. Exch. rat., 31 March
1926 [T.S., No. 1184, Vol. XLIX, p. 251].
Japan-Siam.—Treaty of Commerce and
Navigation. Exch. rat., 22 Dec. 1924 [T.S.,
No. 795, Vol. XXXI, p. 188].
Estonia-Finland.—Declaration : Application of the Convention dated 17 July 1905
relating to Private Law. Exch. rat., 4 Dec.
1924 [T.S., No. 811, Vol. XXXII, p. 120].
Austria-Poland.—Convention : Mutual
relations of Courts and Authorities. Exch.
rat., 13 July 1926 [T.S., No. 1326, Vol. LVI,
p. 95].
Great Brltain-Iraq.—Judicial Agreement
concluded in execution of Article IX of the
Treaty between Great Britain and Iraq.
Exch. rat., 19 Dec. 1924 [T.S., No. 893-4,
Vol. XXXV, p. 132].
United States-France.—Convention :
Rights of the two Governments and of their
respective nationals in Syria and Lebanon.
Exch. rat., 13 July 1924 [N.R.G.M., 3rd ser.,
Vol. XV, p. 283].
Hungary-Rumania.—Commercial Agreement with Annexes : Annex II, provisions for
facilitating local frontier traffic. Exch. rat.,
3 Dec. 1924 [T.S., No. 1114, Vol. XLVI,
p.95].
289
86,178
224
50,54,190
195
67, 86,118
178
124
25 et seq.
105
94
102
103
104
102
248
257 et seq.
19
290
CHRONOLOGICAL LIST OF TREATIES, ETC.
1924
17 April
France-Poland.—Agreement : Improvement of the system of immigration applied to
Polish Workers ; concluded in virtue of Articles 12 and 14 of the Labour Treaty of 3 Sept.
1919 [Bulletin du Ministère du Travail, AprilMay-June 1925, p. 205].
Poland-Russia.—Convention : Through
traffic of travellers and goods. Exch. rat.,
7 May 1925 [T.S., No. 947, Vol. XXXVII,
p. 34],
Finland-Norway.—Convention : Movement of travellers on the Pasvik and Jakobsels.
Exch. rat., 26 Sept. 1929 [T.S., No. 757,
Vol, XXX, p. 36].
France-Belgium.—Agreement : Execution of the Franco-Belgian Relief Convention
dated 30 Nov. 1921 [Bulletin du Ministère du
Travail, Paris 1924, Nos.7-8-9, p. 235].
Latvla-Lithuania.—Agreement: Social welfare. Came into operation on 7 Aug. 1924
[T.S., No.960, Vol. XXXVII, p. 364].
Estonia-Lithuanla.—Exchange of Notes :
Facilities to be granted to the nationals of both
countries with a view to facilitating traffic
[T.S., No. 1454, Vol. LXII, p. 557].
France-Italy.—Agreement : Execution of
Article 7 (workers’ pensions) of the Labour
Treaty dated 30 Sept. 1919 [Gazzetta Ufficiale,
1925, No. 92, p. 1418.—Journal officiel, 1925,
No. 34, p. 1549.—L.S., 1924. Int. I. (A)].
Austria-Great Britain.—Treaty of Commerce and Navigation. Exch. rat., 11 Feb.
1925 [T.S., No. 895, Vol. XXXV, p. 175].
Netherlands-Poland.—Treaty of Commerce and Navigation (Articles 9 to 12) and
annexed Protocol (Articles XI and XVII).
Applicable also to Dutch Indies, Surinam,
Curaçao ; and to the Free City of Danzig, with
the exception of Article 9. Exeh. rat., 5 May
1925 [T.S., No.865, Vol. XXXIV, p. 9.—
Extract : L.S., 1924, Int. 4].
Denmark - Czechoslovakia. — Notes :
Agreement relating to exchange of persons
studying agriculture. Came into immediate
operation [T.S., No.l357, Vol. LVII, p. 115].
Great Britain-Norway.^—Notes : Agreement relating to Lunatics. Came into immediate operation [T.S., No. 683, Vol. XLV,
p. 119].
Finland-Latvia.—Declaration : Application
of the Convention dated 17 July 1905 relating
to .Civil Procedure [T.S., No. 1382, Vol. LVIII,
p. 375].
1924
24 April
1924
28 April
1924
13 May
1924
21 May
1924
21 May
1924
22 May
1924
22 May
1924 .
30 May
1924
2 June
1924
2-5 June
1924
7 June
118,145,192
52
60
107,109
111,115
257
141,221
30
49, 59,178
203
182
117
103
BILATERAL TREATIES
1924
27 June
1924
30 June
4 June
1924
15 July
1924
14 Aug.
1924
21 Aug.
1924
7 Oet.
1924
8 Oct.
1924
18 Oct.
1924
22 Oct.
1924
3 Nov.
1924
15 Nov.
1924
22 Nov.
1924
2 Dec.
Economic Union of Belgium, Luxemburg and Poland-Japan.—Treaty of Commerce and Navigation. Exch. rat., 30 May
1925 [T.S., No. 907, Vol. XXXVI, p. 96].
Italy-France.—Agreement relating to the
execution of Articles 12 and 16 (medical and
hospital treatment) of the Labour Treaty
between Italy and Prance, dated 30 Sept. 1919
[Gazzetta Ufficiale 1925, No. 93, p. 1438.—
Journal officiel 1925, No. 34, p. 1551.—L.S.,
1924, Int. 1(B)].
Great Brltain-Italy.—Treaties : Frontiers
of the respective territories situated in Africa
(Article 3). Bxch. rat., 1 May 1925 [T.S.,
No. 936, Vol. XXXVI, p. 380].
Latvia-Norway.—Treaty of Commerce and
Navigation (Article 10). Exch. rat., 10 June
1925 [T.S., No. 924, Vol. XXXVI, p. 212].
Italy-Kingdom of the Serbs, Groats and
Slovenes.—Convention : Establishment and
Consular Relations (Articles 1, 3 and 19).
Argentina-Norway.—Convention : Notification of Confinement of Persons of Unsound
Mind [T.S., No. 843, Vol. XXXIII, p. 192].
Japan-Mexico.—Treaty of Commerce and
Navigation (Articles 1 to 5, and 25). Exch.
rat., 4 May 1925 [T.S., No. 927, Vol. XXXVI,
p. 260].
Latvia-Lithuanla.—Agreement : Concerning the crossing of the frontier by the inhabitants of the frontier zone [T.S., No. 1327,
Vol. LVI, p. 157].
Argentina-Belgium.—Convention : Hospital treatment and medical assistance. (Text
communicated by the Belgian Government.)
Denmark-Latvla.—Treaty of Commerce
and Navigation (Article 32). Exch. rat.,
25 April 1925 [T.S., No. 825, Vol. XXXIII,
p. 394].
Latvia-Sweden.—Declaration : Application
of the Convention of 17 July 1905 relating to
Civil Procedure. Exch. rat., 18 June 1926
[T.S., No. 1328, Vol. LVI, p. 173].
Estonia-Latvia.—Agreement : Social Relief. Exch. rat., 28 May 1927 [T.S., No. 1476,
Vol. LXIII, p. 13]. Protocol dated 3 March
1926, additional to Articles 8 and 10 (unpublished).
Germany-Great Britain.—Treaty of Commerce and Navigation with protocol (Article 6
of the Protocol). Exch. rat., 8 Sept. 1925 [T.S.,
No. 1050, Vol. XLIII, p. 89]. Adhesion of
Colonies, Mandated Territories and British
Protectorates [T.S., Vol. XIV, pp. 189 and
196; Vol. LIV, p. 407].
291
31
107,109,141
242
59
86, 124, 153
178,201
116
31
257
110
49
103
111
49, 59
292
CHRONOLOGICAL LIST OF TREATIES, ETC.
1924
3 Dec.
United States-Great Britain.—Convention : Rights of Giovernments and nationals
of the two States in Palestine. Exch. rat.,
3 Dec. 1924 [T.S., No. 1046, Vol. XLIII, p. 41].
Latvia - Switzerland. — Convention and
Protocol ; Commerce. Exch. rat., 2 May 1925
[T.S., No. 889, Vol. XXXIV, p. 406].
France-Poland.—Treaty of Commerce
[Articles 20, 29, and 31]. Came into provisional operation on 10 July 1925 [T.S., No.1081,
Vol. XLIV, p. 127].
Germany-Czechoslovakia .—Conventions :
(1) Conditions of Labour and Employment, and
Social Insurance of the Crews of Vessels navigating on the Oder and surrendered by Germany to Czechoslovakia. With final protocol.
Exch. rat., 19 Nov. 1925; (2) . . . Czechoslovak vessels navigating on the Elbe.
Exch. rat., 19 Nov. 1925 [T.S., Nos. 1248 and
1249, Vol. LII, pp. 31 and 41].
Argentina-Belgium.—Convention : Workmen’s compensation for aceidents [Revue du
Travail, Brussels, 1925, No. 10, p. 1898.—
L.S., 1924, Int. 5].
Belgium-France.—Labour Treaty. Exch.
rat., 10 Feb. 1928 [Revue du Travail, Brussels,
1925, No. 2, p. 428. — Bulletin du Ministère
du Travail, Paris, Jan.-Feb.-March, p. 86.—
L.S., 1924, Int. 3].
Germany-Poland.—Arrangement : Minor
frontier traffic. Exch. rat., 22 June 1926
[T.S., No. 1250, Vol. LII, p. 51].
Norway-Netherlands.—Convention : Compensation for Aceidents to Seamen and Industrial Workers. Exch. rat., 4 May 1926 [T.S.,
No. 1166, Vol. XLVIII, p. 247.—L.S., 1925,
Int. 1].
Japan-Union of Socialist Soviet Republics.—Convention embodying basic rules
of the relations between these eountries
(Articles 4 and5). Exch. rat., 26 Feb. 1925
[T.S., No. 866, Vol. XXXIV, p. 32].
■ France-Poland.—;Protocol, confirmed by
that of 20 Feb., signed in virtue of Articles 12
and 14 of the Labour Treaty of 3 Sept. 1919
[Bulletin du Ministère du Travail, April-MayJune, 1925, pp. 207 and 210].
United States-United Kingdom.—Conventions : Bights of the Governments of the
two countries and their respective nationals
in : (1) the former German Colony of Bast
Africa; (2) the former German Protectorate of
the Cameroons ; (3) the former German Protectorate of Togo (Article 5). Exch. rat., 8 July
1925 [T.S., Nos. 1309,1310, and 1311, Vol. LV,
pp. 119-145].
1924
4 Dec.
1924
9 Dec.
1924
15 Dec.
1924
24 Dec.
1924
24 Dec.
1924
30 Dec.
1925
9 Jan.
1925
20 Jan.
1925
3 Feb.
1925
10 Feb.
248
178
49,122
200, 221
206
76,122,126,
133,143,
189,193,
105, 223
258
217
91
52. 67, 137
145,190
248
BILATERAL TREATIES
1925
14 Feb.
1925
16 Feb.
1925
3 March
1925
4 March
1925
6 March
1925
15 March
1922
28 Oct.
1925
25 March
1925
26 March
1925
4 April
1925
16 AprU
1925
18 April
1925
23 April
1925
29 April
France-Siam.—Treaty of Amity, Commerce and Navigation; with protocol concerning the jurisdiction applicable to French
Nationals (Citizens, Subjects, and Protected
Persons) in Siam. Exch. rat., 12 Jan. 1926
[T.S., No. 1055, Vol. XLIII, p. 189].
France-Latvia.—Commercial Convention
(Article 19 (3)) [Likumu . . . Krajums
1925, 5 burtnica, p. 83].
Costa Rica-Spain.—Convention : Reciprocal recognition of the validity of academic
qualifications and equivalence of courses of
studies. Exch. rat., 25 Aug. 1927 [Gaceta
oficial de Costa Rica, 28 Aug. 1927.—Gaceta
de Madrid, 12 Nov. 1927, p. 890].
Austrla-France.—Convention : Protection
and Legal Aid, Exch. rat., 10 April 1928
[Bundesgesetzblatt für die Republik Oesterreich, No. 46, 20 June 1928, p. 1181.—Journal
officiel, Nö. 119, 20 May 1928, p. 5634].
Poland-Gzechoslovakia.—Agreement concerning Legal Relations : Civil, Penal, and NonContentious Cases. Exch. rat., 14 Dec. 1925
[T.S., 1120, Vol. XLVI, p. 201].
Lithuania - Switzerland.—Exchange of
Notes : Commercial Agreement [N.R.G.M.,
3rd ser.. Vol. XVII, p. 116].
Egypt-France.—Agreement : Protection in
Egypt of Moroccan Natives [N.R.G.M., 3rd
ser.. Vol. XVIII, p. 66].
Hungary-Poland.—Commercial Convention (Article 12). Exch. rat., 4 Sept. 1925
[T.S., No. 954, Vol. XXXVII, p. 152].
Germany-Economic Union of Belgium
and Luxemburg.—^Provisional Commercial
Agreement (Article 12). Exch. rat., 16 Sept.
1925 [T.S., No. 957, Vol. XXXVII, p. 204].
Rumania-Czechoslovakla.—Protocol : Regime to be applied to Estates in the Frontier
Zone. Exch. rat., 15 Jan. 1926 [T.S., No. 1126,
Vol. XLVI, p. 427].
Sweden-Czechoslovakia.—Convention :
Commerce and Navigation. Came into operation by mutual agreement on 27 June 1925
[T.S., No. 929, Vol. XXXVI, p. 290].
Poland - Czechoslovakia. — Commercial
Convention with final Protocol (Article 17).
Exch. rat., 22 Oct. 1926 [T.S., No. 1367,
Vol. LVIII, p. 9].
Bulgaria-Poland.—Provisional Arrangement : Commerce and Navigation (Articles 9
and 10). Exch. rat., 12 Jan. 1927 [T.S.,
No. 1408, Vol. LX, p. 103].
293
101
50
118,181
104
105
111
238
48
30,49,50,
177
257 et seq.
177
58,87
59,179
294
CHRONOLOGICAL LIST OF TREATIES, ETC.
1025
7 May
Rumania-Czechoslovakla.—Agreement :
Reciprocal judicial protection and legal assistance in regard to Civil and Commercial law.
Exch. rat., 9 July 1926 [T.S., No. 1272,
Vol. LIV, p. 18].
Great Britain-Italy.—Agreement : Exercise of the profession of medicine on the respective territories. Came into operation on the
date of signature [T.S., No. 1048, Vol. XLIII,
p. 75].
Austria-Switzerland.—Treaty : Application of previous Treaties concerning legal relations ; with final protocol relating to conditions
of establishment, and two exchanges of Notes
relating thereto dated 6 March 1926 [T.S.,
No. 1128, Vol. XLVII, p. 39].
Finland-Hungary.—Treaty of Commerce
and Navigation (Article 12). Exch. rat.,
20 April 1926 [T.S., No. 1154, Vol. XLVIII,
p. 120].
Poland-Czechoslovakla.—Convention: Facilities for local frontier traffic. Exch. rat.,
22 April 1926 [T.S., No. 1172, Vol. XLVIII,
p. 398]. Cf. also 7 Dec. 1926.
Bulgaria-Czechoslovakia.—Convention :
Gratuitous Mutual Aid (Sick Paupers). Bxch.
rat., 15 May 1926 [T.S., No. 1208, Vol. L,
p. 253].
Netherlands-Siam.—Treaty of Commerce
and Navigation, with Protocol concerning the
Jurisdiction applicable to Dutch Nationals
(subjects and protected persons). Exch. rat.,
24 Aug. 1926. Applicable to the Dutch
Indies, Surinam, and Curaçao, with the exception of Articles 12 and 13 [T.S., No. 1323,
Vol. LVI, p. 58].
Austria-Czechoslovakia.—^Administrative
Agreement between the Czechoslovak Ministries of Social Welfare and Agriculture
and the Austrian Ministry of Agriculture and
Forestry : Recruitment and placing of Czechoslovak seasonal workers. Concluded in application of Article XXII of the Commercial
Convention of 4 May 1921 [Brochure : Das
Inlandsarbeiterschutzgesetz vom 19. Dezember
1925, samt Durchführungsverordnungen und
Erlässen. Dr. Fritz Reger. Druck von Rud.
Kamus and Co., Vienna, VI, Stumpergasse 14].
1925
21 May
1925
25 May
1025
29 May
1925
30 May
1925
6 June
1925
8 June
1925
24 June
1925
24 June
94,104
181
86,179
30, 58,179
258
110
101
67,135,192,
207
United States-Hungary.—Treaty of Ami- .59,218
ty, Commerce, and Consular Relations (Articles 2 and 13). Exch. rat., 4 Sept. 1926; followed by notes dated 4 Sept. 1926 (reservations relating to immigration) [T.S., No
1369, Vol. LVIII, p. 111].
BILATERAL TREATIES
1925
7 July
1925
14 July
1925
14 July
1925
16 July
1925
17 July
1925
20 July
1925
22 July
1925
3 Aug.
1925
14 Aug.
Economic Union of Belgium and Luxemburg-Latvia.—Treaty of Commerce and Navigation (Artiele 23). Bxeh. rat., 6 Aug. 1926
[T.S., No. 1290, Vol. LIV, p. 268].
Great Britain-Siam.—Treaty of Commerce and Navigation. Exch. rat., 30 Mareh
1926 [T.S., No. 1176, Vol. XLIX, 1926, p. 52].
Great Britain-Siam.—^Treaty : Revision
of their Treaties and Agreements, with Protocol concerning jurisdiction. Exch. rat.,
30 March 1926 [T.S., No. 1175, Vol. XLIX,
p. 29].
Germany-Lithuanla.—Agreement for the
execution of Article 20 of the Treaty of Commerce dated 1 June 1923 (frontier traffic).
Approved by the German Act of 30 April 1928
[Reichsgesetzblatt, II Tell, 18 May 1928,
No. 24, p. 378].
Belgium-France.—Agreement : Repatriation of minors having escaped from paternal
authority or from that of a guardian [Journal
officiel, 1925, p. 8702.—Moniteur belge, 12 Aug.
1925, No. 224, p. 4075].
Italy-Kingdom of the Serbs, Croats and
Slovenes.—^Agreement No. Ill, signed at
Nettuno : to regulate the relations between the
two States in regard to several special points.
Annex E : Agreement relating to workers.
Annex H : General Agreement as to reciprocity in the matter of social insurance. Approved in the Kingdom of the Serbs, Croats and
Slovenes by the Act of 8 Oct. 1928; put into
operation in Italy by Legislative Decree
No. 2175 dated 31 Aug. 1928 [Supplemento
Ordinario alla Gazzetta Ufficiale No. 234,
dated 8 Oct. 1928 (VI), pp. 95 and 101.—L.S.,
1925, Int. 5].
Portugal (Mozambique)-Southern Rhodesia.—^Agreement : Concerning the recruitment of native labourers in the District of
Tete in the province of Mozambique, for
employment in the Colony of Southern Rhodesia [Diario do Governo, 6 March 1926,
Series I, No. 47, p. 193.—Colony of Southern
Rhodesia Government Gazette, Vol. Ill, No. 31,
31 July 1925, p. 379.—L.S., 1925, Int. 2].
Spain-Siam.—Treaty of Amity, Commerce and Navigation, with Protocol concerning Jurisdiction applicable in the Kingdom of
Siam to Spanish Nationals and persons under
Spanish protection. Exch. rat., 28 July 1926
[T.S., No. 1303, Vol. LV, p. 40].
Portugal-Siam.—Treaty analogous to the
preceding. Exch. rat., 31 July 1926 [T.S.,
No. 1304, Vol. LV, p. 58]
295
178
101
101
258
115
60, 62,151,
153,180,201,
216,218
122,156,192
101
101
296
CHRONOLOGICAI. LIST OF TREATIES, ETC.
Denmark-Siam.—Treaty analogous to the
preceding. Bxch. rat., 13 March 1926 [T.S.,
No. 1131, Vol. XLVII, p. 104].
Belgium-Poland.—Agreement : Scientific,
1925
literary, and scholastic relations. Exch. rat.,
1 Sept.
26 June 1926 [T.S., No. 1274, Vol. LIV, p. 70].
Austrla-Kingdom of the Serbs, Croats
1925
and Slovenes.—Treaty of Commerce, with
3 Sept.
Annex E relating to Minor Frontier Traffic.
Exch. rat., 12 Aug. 1926.
Poland-Czechoslovakia.—Sanitary Con1925
vention. Exch. rat., 22 Oct. 1926 [T.S.,
5 Sept.
No. 1370, Vol. LVIII, p. 143].
Austria-Prussia.—Treaty : Reciprocal as1925
sistance in the matter of compulsory educa18 Sept.
tion. Exch. rat., 18 Oct. 1926 [N.R.G.M.,
3rd ser., Vol. XVIII, p. 189].
Germany-Union of Socialist Soviet
1925
Republics.—Treaty comprising the follow12 Oct.
ing ; I. Arrangement concerning establishment
and legal protection; II. Arrangement relating
to economic questions^ III. Arrangement relating to railway questions (Article 2) ; IV. Arrangement relating to navigation (Article 10);
V. Fiscal arrangement ; VI. Arrangement relating to commercial arbitration tribunals ; VII.
Arrangement concerning legal protection of
industrial property; VIII. Final Protocol.
Exch. rat., 11 Feb. 1926 [T.S., No. 1257,
Vol. LIII, p. 8).
Denmark-France.—Exchange of Notes :
1925
12-19 Oct. Treatment of French Nationals and Societies in
Bast Greenland [T.S., No. 988, Vol. XXXVIII,
p. 326].
Bulgaria-Tur key.—Convention
dealing
1925
with Establishment and Exchanges of Popu18 Oct.
lation. Exch. rat., 2 Aug. 1926 [T.S., No.l281,
Vol. LIV, p. 136].
Austria-Cbina.—Treaty of Commerce
1925
(Article 5). Exch. rat., 15 June 1926 [T.S.,
19 Oct.
No. 1301, Vol. LV. p. 9].
Japan-Gzechoslovakia.—Treaty of Com1925
merce (Articles 1 and 2). Exch. rat., 20 Oct.
30 Oct.
1926 [T.S., No. 1377, Vol. LVIII, p. 263].
Germany-Belgium.—Agreement to ex1925
empt persons known as Rhine Boatmen
30 Oct
belonging to either country from the necessity
of obtaining a Consular Visa for the purpose
of travelling by water in order to enter certain
stated portions of the other country with the
object of following their trade.
Germany-Italy.—Treaty of Commerce
1925
(Articles 1, 22, 33 and 36); Final Protocol
31 Oct.
(Addendum to Article 1). Exch. rat., 15 Dec.
1925 [T.S., No. 1256, Vol. LII, p. 180].
1 1925
Sept.
101
118
257
65
117
44, 22,86,
105,112,179,
193,195
86,180
67, 86,105,
178
101,189
31
43
48,52,179
BILATERAL TREATIES
1925
11 Nov.
1925
18 Nov.
1925
25 Nov.
1925
30 Nov.
28 May
1925
9 Dec.
1925
10 Dec.
1925
19 Dec.
1925
19 Dec.
1925
23 Dec.
1925
23 Dec.
1925
28 Dec.
.1925
30 Dec.
1926
Estonia-Latvia.—Agreement : To facilitate
reeiprocal communication between the nationals of the two countries. Came into force on
1 Dec. 1925 [T.S., No. 1034, Vol. XLII, p. 94].
Denmark-Great Britain.—Convention :
Workmen’s Compensation. Exch. rat., 5 April
1927 [T.S., No. 1445, Vol. LXI, p. 353.—L.S.,
1927, Int. 3].
Italy-Spain—Agreement : Collaboration
of the respective migration services with a view
to protection and aid of emigrants during their
voyage. Came into operation on the date of
signature [T.S., No. 1405, Vol. LX, p. 59.—
L.S., 1925, Int. 3].
France-Luxemburg.—Exchange of Notes :
application of the provisions of the Convention
relating to Public Relief dated 4 Jan. 1923
[Journal officiel. No. 107, 7 May 1926, p. 5235].
Belgium-France.—Arrangement : Relief
in respect of taxes : family responsibilities.
French Decree for approval. 29 Dec. 1925
[Journal officiel, 31 Dec. 1925, p. 12605].
Estonia-Finland.—Convention : Workmen’s Compensation. Exch. rat., 16 June 1926
[T.S., No. 1217, Vol. IV, p. 335.—L.S. 1925,
Int. 5].
Austrla-Denmark.—Agreement relative to
exchange of persons studying agriculture.
Came into operation on the date of signature
[T.S., No. 1358, Vol. LVII, p. 121].
Siam-Sweden.—Treaty of Amity, Commerce, and Navigation (Articles 2 and 4). Exch.
rat., 25 Oct. 1926 [T.S., No.U386, Vol. LVIII,
p. 429].
United States-Mexico.—Convention to
prevent smuggling, and for other objects
(Articles 6 to 9). Exch. rat., 18 March 1926
[T.S., No. I.B., Vol. XLVIII, p. 443].
Estonia-United States.—Treaty of Amity,
Commerce and Consular Relations (Articles 1,
24 and 25; Article 1 of the Protocol). Exch.
rat., 22 May 1926 [T.S., No. 1197, Vol. L, p. 14].
Economic Union of Belgium and Luxemburg-Czechoslovakia.—Treaty of Commerce
(Articles 16 and 17). Exch. rat., 17 Sept. 1926
[T.S., No. 1372, Vol. LVIII, p. 189].
France-Poland.—Consular Convention (Articles 8, 19, 20 and 24). Exch. rat., 21 April
1928 [T.S. No. 1719, Vol. LXXIII, p. 266].
297
43
210
53
107,109
121
212
182
101 ■
38,161
105,218
49,50,189
214
Austria-France.—Agreement for Recruit- 132,171,176
ment, with Model Labour Contract (unpublished).
298
CHRONOLOGICAL LIST OF TREATIES, ETC.
Austria-Switzerland.—Treaty of Commerce (Article 12 and additional clauses to
that Article). Exch. rat., 1 March 1926 [T.S.,
No. 1124, Vol. XLVI, p. 299].
Germany-Austria.—Agreement : Reciprocal
1926
execution of Social Insurance Contracts. Exch.
8 Jan.
rat., 17 Aug. 1926 [T.S., No. 1459, Vol. LVII,
p. 95].
France-Luxemburg.—Arrangement : Re1926
16 Jan.
lief in respect of taxes (family responsibilities).
Decree for Approval and Publication in
France, 3 Feb. 1926 [Journal officiel, 7 Feb.
1926, p. 1774].
1926
Belgium-France.—Arrangement : Simplification of formalities for transit of emigrants
27 Jan.
through the respective territories. Exch. rat.,
23 March 1926 [Journal officiel. No. 93, 21 April
1926, p. 4675.—Moniteur belge, 1 April 1926].
France-Great Britain.—Convention ;Gk)od
1926
neighbourly relations. Concluded on behalf
2 Feb.
of the Territories of Syria and Great Lebanon
on the one part, and Palestine on the other
part (Articles 3 and 9). Came into operation
on 2 Feb. 1926 [T. S., No. 1324, Vol. LVI, p. 80].
Switzerland-Czechoslovakia. — Declara1926
20 March tion of reciprocity in the field of unemployment
12 Feb.
insurance [Feuille fédérale, I, 1926, p. 558].
Argentina-Austria.—Reciprocity Conven1926
22 March tion in the matter of -workmen’s compensation for accidents [Crónica mensual de
Departamento Nacional del Trabajo, No. 103,
July 1926, p. 1815].
Austria-Hungary.—Additional Agreement
1926
to the Treaty of Commerce of 8 Feb. 1922.
9 April
Appended Protocol : Regulation of questions
concerning seasonal workers. Exch. rat.,
6 Aug. 1926 [T.S., No. 1320, Vol. LV, p. 367.—
Protocol, p. 417].
Italy-Siam.—Treaty of Amity, Commerce
1926
9 Mayand Navigation, with Protocol concerning
jurisdiction applicable in the Kingdom of
Siam to Italian nationals. Exch. rat., 8 March
1927 [T. S., No. 1436, Vol. LXI, p. 216].
Italy-Siam.—Exchange of notes : Recogni1926
tion of University Certificates [Gazzetta Uffi9 May
ciale, 26 March 1927, No. 71, 1317].
Germany-S-weden.—Treaty of Commerce
1926
14 May
and Navigation (Articles 3 and 9) and notes of
11 June, 26 and 27 July, and 3 Aug. 1926.
Exch. rat., 12 July 1926 [T.S., No. 1225, Vol.
LI, p. 99].
Bulgaria-Czechoslovakla.—Convention :
1926
15 May
Reciprocal judicial protection and assistance
in the matter of Civil and Commercial Law.
Exch. rat. 19 Feb. 1927 [T.S., No. 1412, Vol.
LX, p. 203].
1926
6 Jan.
258
195,199,216
219,227, 228
121
62
259
225
206,207
62,132
102
181
58,195
104
2,99
BILATERAL TREATIES
1926
27 May
1926
28 May
1926
30 May
1926
2 June
1926
27 May
12 June
France-Saar Territory.—Convention : So- 197,214,221
cial Insurance of Workers belonging to the
Territory of one Party who are engaged by
Employers of their own nationality in the
Territory of the other Party. Came into
operation 1 June 1926 [T.S., No. 1312, Vol. LV,
p. 157].
France-Czechoslovakla.—Protocol of the 52, 112, 136
Franco-Czechoslovak Consultative Commission; complementary to the Emigration Convention of 20 March 1920 (unpublished).
France-Turkey.—Convention of amity 254
and good neighbourly relations in Syria and
Lebanon. Exch. rat., 12 Aug. 1926 [T.S.,
No. 1283, Vol. LIV, p. 195].
Finland-Turkey.—Treaty of Commerce 178
(Article 3). Exch. rat., 24 Jan. 1928 [T.S.,
No. 1644, Vol. LXX, p. 329].
Italy-Latvia.—Exchange of Notes : Aboli- 43
tion of Entry and Transit Visas [T.S., No.
1222, Vol. LI, p. 65].
1926
19 May
26 June
Denmark-Norway.—Exchange of Notes : 113
Interpretation to be placed upon the Declaration of 10 Aug. 1883 relating to Relief of
Abandoned Seamen (position of Iceland) [T.S.,
No. 53(a), Vol. XLV, p. 225].
1926
1 July
Germany-Belgium.—Arrangement : faci- 257 et seq.
lities for crossing the frontier zones. Exch.
rat., 29 July 1926 [T.S., No.l461, Vol. LXII,
p. 128].
Germany—Latvia.—Sanitary Convention 65
(Article 15). Exch. rat., 6 July 1927 [T.S.,
No. 1499, Vol. LXIII, p. 321].
1926
9 July
162
1926
13 July
Economic Union of Belgium and Luxemburg—Siam.—Treaty of Amity, Commerce
and Navigation. Exch. rat., 25 March 1927,
with additional protocol relating to the Jurisdiction applicable to Belgian nationals [T.S.,
No. 1468, Vol. LXII, p. 288].
1926
14 July
Austria-Hungary.—Agreement : Circula- 257,258
tion of persons—Local Frontier Traffic. Came
into operation on 25 Dec. 1926 [T.S., No. 1430,
Vol. LXI, p. 123].
1926
15 July
Germany-Economic Union of Belgium 260
and Luxemburg.—Convention : Frontier
Traffic. Exch. rat., 24 May 1927 [T.S.,
No. 1845, Vol. LXIII, p. 137].
1926
16 July
Norway-Siam.—Treaty of Amity, Com- 48,59
merce and Navigation, and Final Protocol
concerning Jurisdiction. Exch. rat., 9 Feb
1927 [T.S., No. 1404, Vol IX, p. 35].
300
CHROIÍOLOGICAL LIST OF TREATIES, ETC.
1926
17 July
Estonla-Czechoslovakia.—Convention :
Reciprocal protection and legal assist£|,nce in
regard to civil and commercial law. Exch.
rat., 17 Dee. 1927 [T.S., No. 1620, Vol. LXIX,
p. 386].
Spain-Switzerland.—Declaration : Relations between Switzerland and the Zone of thé
Spanish Protectorate in the Sherifflan Empire.
Submitted for approval to the Federal Assembly, 24 Sept. 1926 [Feuille fédérale, 29 Sept.
1926, No. 39, p. 518].
Germany-France-Saar Territory.— Protocol : Regulation of Movements of Workers
across the Saar-German Frontier. Came into
operation on 1 Nov. 1926 [Reichsgesetzblatt,
Teil II, No. 6, 8 Feb.,p.l9. — Journal officiel.
No. 112, 11 May 1928, p. 5255].
Economic Union of Belgium and Luxemburg-Estonia.—Treaty of Commerce and
Navigation (Article 21). Exch. rat., 21 May
1927 [T.S., No. 1475, Vol. [LXII, p. 433].
Belgium-Luxemburg.—Labour Treaty.
Approved in Belgium by the Act of 23 July
1927 and in Luxemburg by the Act of 19 Nov.
1927 [Moniteur belge 1928, No. 32, p. 185.—
Mémorial de Luxembourg 1927, No. 65,
p. 867.—L.S., 1926. Int. 5].
Denmark-Netherlands.—Accident Insurance Convention. Exch. rat., 28 March 1928
[T.S., No. 1686, Vol. LXXII, p. 14.—L.S.,
1926, Int. 6].
Belgium - Netherlands. — Exchange of
Notes : Reciprocal communication of requests
for legal assistance in the matter of Aceident
Insurance. Decree of Publication in the
Netherlands, 20 Jan. 1927 [T.S., No. 299,
Appendix; Vol. LIV, p. 389].
Germany-Denmark.—Exchange of Notes :
reciprocal exemption from military service for
the nationals of either country resident in the
territory of the other [T.S., No 1363, Vol. LVII,
p. 185].
Estonia-Switzerland.—Declaration : Reciprocal application of the Convention of 17 July
1905, relating to Civil Procedure. Exch. rat.,
24 May 1927 [T.S., No. 1477, Vol. LXIII,
p. 24].
France-Poland.—Agreement for the carrying into effect of Articles 10 and 14 of the
Relief Convention dated 14 Oct. 1920 [French
Republic : Service de la main-d’œuvre et de
l’immigration agricole : Conventions et Règlements relatifs à l’immigration et à l’émigration.
Paris, 1928, p. 99].
1926
4 Aug.
1926
14 Sept.
1926
28 Sept.
1926
20 Oct.
1926
23 Oct.
1926
23 Oct.
1926
28 Oct.
1926
29 Oct.
1926
3 Nov.
104
86, 240
258
50
76, 126, 135,
189,193,195,
202, 223
211
106,209
122,123
103
107,109,144
BILATERAL TREATIES
1926
13 Nov.
1926
24 Nov.
1926
1 Dec.
1926
7 Dec.
1926
15 Dec.
1926
18 Dec.
301
France-Saar Territory.—^Protocol ; For- 257
malities for passing the Franco-Saar Frontier.
Came into operation on 1 June 1928 [Journal
officiel, No. 112, 11 May 1928, p. 5252].
Greece - Italy.—Commercial Convention. 112
Exch. rat., 1 June 1927 [T,S., No. 1480,
Vol. LXIII, p. 51].
Greece-Turkey.—^Agreement : Application 255
of certain provisions of the Treaty of Lausanne
and Declaration No. 11 appended thereto.
Exch. rat., 23 June 1927 [T. S., No. 1565, Vol.
LXVIII, p. 12].
Poland-Czechoslovakla.—Protocol : Ap- 257 et seq.
plication of the Convention dated 30 May 1925 :
frontier traffic [Dziennik Ustaw, 1927, No. 83,
p. 720].
Denmark-Norway.—Agreement : Transfer 227
of insured persons from a Danish Sickness Insurance Fund to a Norwegian Sickness Insurance
Fund, and vice versa. Exch. rat., 30 Dec.
1926 [T.S., No. 1396, Vol. LIX, p. 255.—L.S.,
1926, Int. 4].
Finland-Greece.—Treaty of Commerce and 58, 178
Navigation (Article 1). Exch. rat., 28 Dec.
1927 [T.S., No. 1626, Vol. LXX, p. 90].
1926
20 Dec.
Hungary-Turkey.—^Treaty of Establish- 86
ment. Bxch. rat., 26 Aug. 1927 [T.S.,
No. 1696, Vol. LXXII, p. 245].
1927
4 Jan.
Greece-Estonia.—Treaty of Commerce and 58
Navigation (Art. ID [Ef7)[ji.ep'ç tyiç Kvfi-pvijaEíuc:]
27 Oct. 1927].
1927
12 Jan.
Germany-Turkey.—Treaty of Establish- 86, 120
ment. Exch. rat., 22 June 1927[T.S.,No. 1713,
Vol. LXXIII, p. 187].
1927
13 Jan.
Danzig (Free City of)-Poland.—Agree- 194
ment : Social Insurance of Railway Staffs. ■
Exch. rat., 17 Dec. 1927 [Gesetzblatt für die
Freie Stadt Dantzig, 1927, No. 28, 22 June,
p. 242.—Dziennik Ustaw, 1928, p. 638, No. 69,
p. 1599].
1927
26 Jan.
Argentina-France.—Arrangement : Military Service. Came into immediate operation
[T.S., No. 1457, Vol. LXII, p. 85].
1927
5 Feb.
Germany-Austria.—Convention : Guar- 94
dianship of Minors. Exch. rat., 23 Aug. 1927
[T.S., No. 1715, Vol. LXXIII, p. 227].
1927
8 Feb.
France - Netherlands. — Arrangement :
Abatement of taxes (family responsibilities).
French Decree for Approval : 18 March 1927
[Jonrnal officiel, 1927, No 69, 23 March,
p. 3243].
100
121
.302
CHRONOLOGICAL LIST OF TREATIES, ETC.
Italy-Switzerland.—Declaration : Unemployment Insurance. Italian Decree for carrying into effect, 17 Feb. 1927 [Gazzetta
Ufflciale, 1927, No.72, 28 March 1927, p. 1322],
Brazil (State of São Paulo)-Poland.—
1927
Agreement on the subject of emigration.
19 Feb.
Between the Department of Labour of the
Ministry of Agriculture, Commerce, and Public
Works of the State of São Paulo, and the Emigration Office of the Polish Ministry of Labour
and Social Assistance. Approved by the
Federal Government of Brazil 21 April 1927.
Came into operation on the date of signature
[Przeglad Emigracyjny, Feb. 1927],
Estonia-Latvia.—^Protocol : Frontier1927
Zones. (To amend the Conventions of 19 Oct.
23 Feb.
1920 and 1 Nov. 1923). Exch. rat. 30 March
1927 [T.S., No. 1443, Vol. LXI, p. 316].
Austria-Netherlands.—Exchange of Notes :
1927
Suppression of Passport Visas. Came into
25 Jan.
1 March operation 15 March 1927 [T.S., No. 1570, Vol.
LXVIII, p. 75].
Finland-Czechoslovakla. — Convention :
1927
2 March Commerce and Navigation (Article 15) [Sammlung der Gezetze und Verordnungen 1927,
St. 53, No. 119, p. 1089].
France-Peru.—Arrangement : Military
1927
16 March Service. Approved in France 29 March 1927
[Journal officiel, 1927, No. 80, 5 April 1927,
p. 3794].
Austria-Portugal.—Exchange of Notes :
1927
22-28 March Suppression of Passport Visas. Came into
operation on 1 May 1927 [T.S., No. 1571, Vol.
LXVIII, p. 82].
Hungary-Czechoslovakia.—Treaty of
1927
31 March Commerce (Article 28). Exch. rat., 24 July
1927 [T.S., No.1520, Vol. LXV, p. 62].
Finland-Sweden.—Exchange of Notes :
1927
Equality of Treatment of Swedish and Fin1 April
nish Seamen. Came into operation on 1 May
1927 [T.S., No. 1458, Vol. LXII, p. 89],
1927
Belgium-Great Britain.—Exchange of
6 May
Notes : Lunatics. Came into operation on
5 May 1927 [T.S. No. 1486, Vol. LXIII,
p. 154].
Denmark-Estonia.—Declaration : Appli1927
cation of the Hague Convention of 17 July 1905
9 May
in relation to Civil Procedure. Exch. rat.,
13 April 1928 [T.S., No. 1687, Vol. LXXII
p. 25].
1927
Finland-Latvia.—Exchange of Notes :
14 May
Suppression of Visas. Came into operation
1 June 1927 [T.S., No. 1482 Vol. LXIII,
p. 98].
1927
9 Feb.
225
52, 77, 90,
112,118,164,
189,192,193,
203
257 et seq.
43, 69
195
100
43,69
195
183 et seq.
116
103
43
BILATERAL TREATIES
1927
14 May
Germany-Finland.—Exchange of Notes :
Suppression of Visas. Came into operation
1 June 1927 [T.S., No. 1533, Vol. LXVI, p. 404].
1927
Estonia-Finland.—Exchange of Notes ;
17 May
suppression of Passport Visas. Came into
operation on 1 June 1927 [T.S., No. 1534, Vol.
LXVI, p. 412].
1927
Belgium-France.—Additional Convention
21 May
to that of 21 Feb. 1906 : Workmen’s Accident
Compensation. Submitted for the approval
of the Parliaments [Parliamentary Document,
Belgian Chamber of Representatives, Sitting
of 19 Jan. 1928].
1927
Belgium-France.—Convention : Benefit
21 May
of the special Miners’ Pensions Regime in each
of these countries (replacing the Convention of
14 Feb. 1921). Submitted for the approval
of the Parliaments [Bulletin du Ministère du
Travail, Paris. July-Aug.-Sept. 1927, p. 358.
—L.S., 1927, Int. 6].
1927
Austria-Denmark.—Exchange of Notes :
9-11 June Suppression of Passport Visas. Came into
operation 15 June 1927 [T.S., No. 1572, Vol.
LXVIII, p. 88].
1927
Germany-Finland.—Agreement : Accident
18 June
Insurance. Exch. rat., 3 March 1928 [T.S.,
No. 1675, Vol. LXXI, p. 362.—L.S., 1927,
Int. 7].
1927
Italy-Netherlands.—Exchange of Notes :
28 June
Reciprocal recognition of laws for the regidation
of navigation. Came into operation 28 June
1927 [T.S., No.1583, Vol. LXVIII, p. 203].
1927
Germany-Poland.—Agreement : Unem14 July
ployment Relief and Unemployment Insurance.
Came into operation, 18 July 1926 [T.S.,
No. 1718, Vol. LXXIII, p. 251.—L.S., 1927,
Int. 2].
1927
Austria-Great Britain.—Exchange
of
18 July
Notes : Suppression of Passport Visas. Came
into operation 1 Aug. 1927 [T.S., No. 1573,
Vol. LXVIII, p. 98].
1927
Austria-Finland.—Exchange of Notes :
21 July
Suppression of Passport Visas. Came into
operation 1 Aug. 1927 [T.S., No. 1535, Vol.
LXVI, p. 420].
1927
Switzerland-Turkey.—Treaty of esta7 Aug.
blishment with additional Protocol. Exch.
rat., 28 April 1928 [T.S., No. 1706, Vol.
LXXIII, p. 51].
1927
Austria-Finland.—^Treaty of Commerce
8 Aug.
and Navigation (Articles 2 and 10). Exch.
rat., 18 Jan. 1928 [T.S., No. 1645, Vol. LXX,
p. 350].
303
42, 43, 69
43,69
208
220
43,68
215
48
224
43, 68,69
43,68
30, 86,105
121,178
177
304
CHRONOLOGICAL LIST OF TREATIES, ETC.
Germany-France.—Commercial Agreement (Articles 25, 29 and 35), and Final Protocol (Additional to Articles 25, 26, 42, 43 and
44). Came into provisional operation 6 Sept.
1927 [Journal officiel, 31 August 1927, p. 9203.
—Reichsgesetzblatt, 1927, Part II, No. 37,
p. 524].
1927
France-Paraguay.—Arrangement : Mili30 Aug.
tary Service. Approved in FVance, 25 Oct.
1927 [Journal officiel, 1927, No. 257, 5 Nov.,
p. 11271, and 23 Nov., p. 11930].
1927
France-Japan.—Protocol relating to esta30 Aug.
blishment and navigation in Indo-China and
Japan. Came into operation without ratification, 14 Sept. 1927 [T.S., No. 1597, Vol.
LXVIII, p. 236].
Luxemburg - Norway. — Exchange of
1927
25 Aug.
Notes : suppression of Passport Visas. Came
12-26 Sept. into operation on 1 Jan. 1928 [T.S., No. 1566,
Vol. LXVIII, p. 37].
1927
Belglum-France.—Establishment Convention (Articles 1, 4, 8, and 11). Exch. rat.,
6 Oct.
27 Oct. 1927 [Moniteur belge, 5 Nov. 1927,
p. 4949.—Journal officiel, 5 Nov. 1927, p. 11270].
49, 58, 104
239
Germany-Saar Territory (Saar Basin
Governing Commission).—Arrangement for
the application of Social Insurance. Came
into operation 1 Nov. 1927 [T.S., No. 1629,
Vol. LXX, p. 122].
Denmark-Iceland.—Convention : reciprocity in the matter of Accident Insurance and
Invalidity Insurance. Promulgated in Denmark by Decree of 19 Oct. 1927 [Lovtidenden
A., 1927, No. 41, p. 136] and in Iceland by
Decree of 18 Nov. 1927 [Stórjnartindindi 1927,
No. 64, p. 198—L.S., 1927, Int. 4].
Argentina-Denmark and Iceland.—Convention : Workmen’s Accident Compensation
[Crónica Mensual del Departamento Nacional
del Trabajo de la República Argentina, 1927,
No. 118, p. 2230.—L.S., 1927, Int. 5].
Germany-Poland.—Treaty concerning Polish Agricultural Workers. German Act of
Application 31 March 1928 [Reichsgesetzblatt,
1928 Part II, No. 13, p. 168.—L.S., 1927,
Int. 8].
France-Italy.—Modus Vivendi : Establishment of Nationals and Societies. Came
into operation 1 August 1928 [Journal officiel
1928, 25 July, p. 8255.—Gazzetta Uffleiale
1928, 23 July, p. 3407]. Prolongation of
validity by letters exchanged on 29 Dec. 1928
[Journal officiel, 1928, 31 Dec., p. 13752].
194 et seq.
1927
17 Aug.
1927
13 Oct.
1927
13 Oct.
1927
16 Nov.
1927
24 Nov.
1927
3 Dec.
100
86, 239
43
86, 178
196
207
2, 42, 112.
122,148,189,
193,200,203.
216,221,224,
228
86, 178
BILATERAL TREATIES
1927
28 Sept.
13 Dec.
1927
14 Dec.
305
Denmark-Swltzerland.—Exchange
of 223
Notes : Equality of Treatment in the
matter of Unemployment Insurance. Came
into operation 13 Dec. 1927 [T.S., No. 1612,
Vol. LXIX, p. 308].
France-Saar Territory (Saar Basin 104
Governing Gommission).—Declaration concerning legal assistance. Came into operation,
1 Jan. 1928 [T.S., No. 1631, Vol. LXX, p. 164].
1928
17 Jan.
Germany-Norway.—^Agreement : Suppres- 43
sion of Passport Visas. Came into operation
on 1 Feb. 1928 [T.S., No. 1637, Vol. LXX,
p. 252].
1928
20 Jan.
France-Saar Territory (Saar Basin
Governing Commission).—Convention :
Public Relief. French Decree of Approval,
9 Feb. 1928 [Journal officiel, 1928, No. 37,
12 Feb. p. 1727]. Administrative Agreement
of the same date [Ibid],
Germany-Switzerland.—Convention : Unemployment allowances for workers in the Frontier Zones. Exch. rat., 4 May 1928 [Reichsgezetzblatt 1928, Part II, No. 19, p. 311; and
No. 24, p. 393.—Recueil des lois fédérales, 1928,
16 May, No. 10, p. 238.]
Austria-Norway.—Agreement : Suppression of Passport Visas. Came into operation
1 March 1928 [T.S., No. 1664, Vol. LXXI,
p. 212].
Afghanistan - Switzerland.—Treaty
of
Amity and Commerce, with Final Protocol.
Exch. rat., 20 April 1928 [T.S., No. 1722, Vol.
LXXIII, p. 322].
Germany-Kingdom of the Serbs, Croats
and Slovenes.—Agreement between the Central Committee for Placing in Employment,
Belgrade, and the German Central Employment Office : Recruitment and Engagement in
Germany of Seasonal Agricultural Workers
from the Kingdom of the Serbs, Croats and
Slovenes. Appended : a Model Contract of
Engagement. Came into immediate operation [Sluzbene Novine, 1928, No. 64, Vol. XIX,
p. 233].
Germany-Austria.—Agreement : Unemployment allowances for Workers in the Frontier Zones and Emergency Relief. Came into
operation 1 March 1,928 [Reichsgesetzblatt
1928, Part II, No. 9, p. 55].
Finland-Sweden.—Agreement : Suppression of Passport Visas (Articles 3 and 4). Came
into operation 1 May 1928 [T.S., No. 1699,
Vol. LXXII, p. 429].
1928
4 Feb.
1928
8 Feb.
1928
17 Feb.
1928
22 Feb.
1928
29 Feb.
1928
9 March
107,108,122
225
43
118
43,76,122,
150,171,189.
192,193
224
43 et seq.
20
306
CHRONOLOGICAL LIST OF TREATIES, ETC.
1928
France-Poland.—Protocol of the Franco14 March Polish Consultative Committee, held in Paris
8-13 March 1928 (unpublished).
1928
Austria-Czechoslovakia.—Exchange of
29-30 March Notes : Suppression of Passport Visas. Came
into operation 5 April 1928 [T.S., No. 1709,
Vol. LXXIII, p. 88].
1928
Belgium- L uxemburg. — Exchange of
2-13 April Notes : Lunatics [T.S., No. 1695, Vol. LXXII,
p. 237].
Finland - Netherlands. —• Exchange of
1928
5-7 May Notes : Suppression of Passport Visas. Came
into operation 1 June 1928 [T.S., No. 1748,
Vol. LXXIV, p. 368].
Germany - Czechoslovakia.—Agreement
1928
relating to the Emigration of Czechoslovak
11 May
Agricultural Workers. Published in Germany
9 June 1928. Came into immediate operation
[Reichsgesetzblatt 1928, Part II, 15 June,
No. 28, p. 491.—L.S., 1928, Int. 6].
Argentina-Sweden.—Convention : Work1928
men’s Accident Compensation [Crónica Men14 May
sual del Departmento Nacional del Trabajo de
la República Argentina, 1928, No. 123, p. 2367.
—L.S., 1928, Int. 1].
1928
16 May
1928
16 May
1928
16 May
1928
16 May
1928
May
145 et seq.
43
116
43 et seq.
42, 52,112,
122,147,189,
193
207,218
South Africa-Portugal.—Provisional Ag- 67,158
reement signed by the Portuguese Minister
for the Colonies and by the South African
Minister for Railways and Labour, laying down
the basic lines of an Agreement relating to the
Emigration of Mozambique Workers [The
Rhodesia Herald, 18 May, 1928]. Cf. also
11 Sept. 1928.
Austrla-France.—Treaty of Commerce 30,49,83,84,
(Articles 20-21 and 29-33) and Final Protocol. 121,179
Came into provisional operation 1 August 1928.
French Act of Approval 24 Feb. 1929 [Bundesgesetzblatt, 1928, 31 July, No. 208, p. 1297.
—Journal officiel, 1928, 31 July, p. 8549;
and 1929, 26 Feb., p. 2402].
France-Great Britain.—Arrangement : 182
Facihties for the admission of student employees. Came into operation 1 July 1928
[Journal officiel, 1928, No. 120, 22 May,
p. 5711].
France-Great Britain.—Declarations : 138
Conditions upon which French Nationals are
allowed to accept paid employment in Great
Britain and British nationals are allowed to
aceept paid employment in France [Journal
officiel, 1928, No. 120, 22 May, p. 5713].
Australia-Japan.—Agreement : Japanese 38
Immigration into Australia.
BILATERAL TREATIES
1928
2 July
1928
4 July
1928
13 Aug.
1928
11 Sept.
1928
8 Oct.
1928
13 Dec.
1928
22 Dec.
France-Czechoslovakia i.—Treaty of Commerce (Articles 21-22 : Establishment : Article 27 : Emigration Undertakings. French Act
of Approval, 24 Feb. 1929 [Journal officiel,
No. 25, 25 Feb. 1929, p. 2402, and No. 99,
27 April 1929, p. 4859].
Belgium-France.—^Agreement : Workers
in the Frontier Zone and Seasonal Workers.
Exch. rat., 4 Dec. 1928 [Revue du Travail,
Brussels, 1928, No. 8, p. 1137.—Moniteur belge,
No. 356, p. 5349.—Journal officiel, 1929, No. 4,
p. 87].
Germany-France.—^Arrangement between
the French Ministry of Labour and the German
Ministry of Labour : reciprocal admission of
student employees. Exchange of Approval
between the Governments, 7 Sept. 1928
[Reichsgesetzblatt 1928, No. 29, p. 1243.—
Journal officiel 1928, No. 237, 31 Oct.,
p. 11590].
South Africa-Portugal.—Convention to
regulate the introduction into the Province of
the Transvaal of Native Labour from the
Colony of Mozambique, together with questions
of Transport and Commercial Traffic. Came
into operation on the date of signature [Union
of South Africa Government Gazette Extraordinary, Vol. LXXIII, No. 1728, 17 Sept. 1928,
p. 569.—Diario do Governo, 1st ser.. No. 277,
30 Nov. 1928, p. 2403.—Boletim oficial de
Moçambique, 1928, No. 37, p. 833.—^L.S.,
1928, Int. 3].
307
42,134, 258,
259
183
122,158,192
Argentina-Kingdom of the Serbs, Groats 207
and Slovenes.—Convention : Workmen’s
Accident Compensation [Crónica mensual del
Departamento de la República Argentina,
No. 129, Nov. 1928, p. 2547.—L.S., 1928,
Int. 4].
Germany-Austria.—Agreement relating to .321
the Engagement, Placing and Employment of
Austrian Workers for Seasonal Agricultural
Work in Germany. With Model Contract of
Employment
France-Poland.—Protocol of the Franco- 145 et seq.
Polish Consultative Commission at its session
in Paris 17-22 Dec. 1928 [unpublished.
Summarised in the “Revue de l’Immigration”
Paris, No. 1Ó; Feb. 1929, p. 19].
^ The text of this Treaty was not available in time to allow of analysis in the present
volume.
2 Text communicated by the Migration Office attached to the Office of the Austrian
Federal Chancellor in May 1929, and analysed in the Supplement to the present volume.
308
CHRONOLOGICAL LIST OF TREATIES, ETC.
1929
France-Greece —Convention : Commerce,
11 March Navigation, and Establishment (Article 31,
Emigration Undertakings). Final Protocol
(supplement to Article 31 : Emigration Undertakings) [Journal officiel, 30 March 1929,
p. 3717].
II. PLURILATERAL TREATIES "
1814
30 May
1815
8 Feb.
1818
24 Oct.
19 Nov.
1822
28 Nov.
1841
20 Dec.
1872
17 Feb.
1885
26 Feb.
1887
25 Nov.
Treaty of Paris [N.R.M., Vol. II, p. 13].
Congress of Vienna (Austria, France, Great
Britain, Hungary and her Allies, Prussia,
Russia). Declaration : Suppression of the
Negro Slave Trade. [Appendix No. XV to
the Treaty of Paris dated 30 May 1814 [N.R.M.,
Vol. II, p. 432].
Congress of Aix-la-Chapelle. Protocol of the
Conferences held by the Five Powers in respect
of the Negro Slave Trade [N.S.M., Vol. Ill,
p. 87].
Congress of Verona (Austria, Great Britain,
Prussia, Russia). Resolutions relating to
Suppression of the Negro Slave Trade [N.R.M.,
Vol. VI, p. 136].
Austria, France, Great Britain, Prussia,
Russia.—Treaty of London for the Suppression of the Negro Slave Trade, with instructions
for Cruisers. Exch. rat., 24 Jan. 1842
(Austria, Great Britain, Prussia, Russia)
[N.R.G.M., Vol. II : German text, p. 392;
English text, p. 508].
Costa Rica, Guatemala, Honduras, Salvador.—Pact of Union of the Central American States [N.R.G.M., 2nd ser., Vol. Ill,
p. 476].
Austria-Hungary, Belgium, Denmark,
France, Germany, Great Britain, Italy,
Luxemburg, Netherlands, Norway and
Sweden, Portugal, Russia, Spain, Turkey,
United States.—General Act of the Berlin
Conference concerning the African Slave Trade
[N.R.G.M., 2nd ser., Vol. X, p. 414].
Argentina, Brazil, Uruguay.—Sanitary
Convention [N.R.G.M., 2nd ser., Vol. XIV,
p. 462]. Cf. also 21 April 1914.
229
230
230
230
230
82, 89,180
231
65
1 The text of this Convention was not available in time to allow of analysis in the present
volume.
2 Under this heading will be found the Treaties concluded directly by more than two
Powers, as also Conventions concluded under the auspices of any Conference of a local
character, the scope of which is accordingly confined to a limited number of States. For
List of Abbreviations, cf. above, pp. 261-262.
309
PLURILATERAL TREATIES
1889
4 Feb.
1890
Argentina, Bolivia, Paraguay, Peru, 3,180
Uruguay.—Convention : Union of South
American States (relating in regard to the
exercise of Liberal Professions) [N.R.G.M.,
2nd ser., Vol. XVIII, p. 441].
Austria-Hungary, Belgium, Congo Free 231
State, Denmark, France, Germany, Great
Britain, Italy, Luxemburg, Netherlands,
Norway and Sweden, Persia, Portugal,
Russia, Spain, Turkey, United States,
Zanzibar.—General Act of the Brussels
Anti-Slavery Conference, and appended Declaration [N.R.G.M., 2nd ser.. Vol. XVI, p. 3,
French text; Vol. XVII, p. 345, German and
French texts].
Second American International Conference
(Washington 1902) :
1902
(1) Convention : Extradition and Protection
27 Jan.
against Anarchy [Nestor Carbonell : Las Conferencias internacionales americanas. Havana,
1928, p. 162]. Ratifications to Jan. 1928 :
Costa Rica, Guatemala, Honduras, Nicaragua
and Salvador.
1902
(2) Convention. Exercise of the Liberal
27 Jan.
Professions [Ibid., p. 169, and N.R.G.M., 3rd
ser.. Vol. VI, p. 191]. Ratifications to January
1928 : Bolivia, Chile, Costa Rica, Dominiean
Republic, Guatemala, Honduras, Nicaragua,
Peru, Salvador.
1902
(3) Regulations for Aliens [Ibid., p. 183].
27 Jan.
Ratified in Jan. 1928 by : Bolivia, Colombia,
Guatemala, Honduras, Nicaragua, Salvador.
1904
Austria-Hungary, Bulgaria, Denmark,
1-14 March Germany, Norway and Sweden, Rumania,
Russia, Serbia, Switzerland, Turkey.—
Protocol : Measures to be taken against
anarchist movements [N.R.G.M., 3rd ser.,
Vol. X, p. 81].
1906
13 Aug.
1914
26 May
38
180
88 et seq.
68
Third American International Conference
(Rio de Janeiro, 1906) :
Convention : Regulations concerning Natu- 99
raUsed Citizens re-establishing their residence
in their country of origin [N.R.G.M., 3rd ser.,
Vol. VI, p. 215]. Ratifications to Jan. 1928 :
Argentina, Brazil, ChUe, Colombia, Costa Rica,
Ecuador, Honduras, Mexico, Panama, Salvador
and the United States. Subsequent to ratification by Guatemala, it was denounced by her
on 13 June 1913.
Denmark, Norway, Sweden.—Conven- 3,109
tion : Reciprocal Relief (Paupers). Exch. rat.,
27 July 1914 [N.R.G.M., 3rd ser.. Vol. XII,
p. 173]. Adhesion of Finland, 11 July 1923
[T.S., No. 456, Vol. XVIII, p. 85]. Cf. also :
25 Oct. 1928.
310
CHRONOLOGICAL LIST OF TREATIES, ETC.
1919
12 Feb.
Denmark, Norway, Sweden.—Declara- 209, 210
tion : reciprocity in regard to Workmen’s Accident Compensation [N.R.G.M., 3rd ser., Vol.
XIV, p. 493.—Bulletin of the International
Labour Office, Basle, 1919, Vol. XVIII,
p. 69].
1919
28 May
Denmark, Norway, Sweden.—Agreement i Transit of Rejected Persons [N.R.G.M.,
3rd ser.. Vol. XIV, p. 501].
1919
28 June
Germany-Allied Powers.—Treaty of 3,16,49,61,
Peace of Versailles [N.R.G.M., 3rd ser.. Vol. 187,194,234,
240.254
XI, p. 333].
1919
10 Sept.
Austria-Allied Powers.—^Treaty of Peace 3,16,61,194,
of St. Germain-en-Laye [N.R.G.M., 3rd ser.. 234.254
Vol. XI, p. 691].
1919
10 Sept..
Convention of St. Germain-en-Laye relating 49,232,242
to the Slave Trade, revising the General Act of
Berlin of 26 Feb. 1885, and the General Act
and the Declaration of Brussels, of 2 July 1890.
May be adhered to by the States Members of
the League of Nations Signatory to the Preceding Acts and by States exercising authority
over African Territories [T.S.,No. 202, Vol. VIII,
p. 25]. Ratifications with definite adhesion, to
31 Dec. 1928 : Belgium, British Empire,
Ethiopia (partially), France, Japan, Portugal.
1919
27 Nov.
Bulgaria-Allied Powers.—Treaty of Peace
3,16,194,
of Neuilly-sur-Seine [N.R.G.M., 3rd ser., Vol. 234,254
XII, p. 333].
1920
4 June
Hungary-Allied Powers.—Treaty of Peace
3, 16,194,
of Trianon [N.R.G.M., 3rd ser., Vol. XII, 234,264
p. 423].
1921
23 July
Belgium, Czechoslovakia, France, Great 58
Britain, Greece, Italy, Rumania, Kingdom
of the Serbs, Croats and Siovenes.—Convention instituting the definite Statute of the
Danube. Exch. rat., 30 June 1922 [T.S.,
No. 647, Vol. XXVI, p. 173].
1922
27 Jan.
Gratz Agreement concerning Passports. 41
Ratified by Austria, Czechoslovakia, Hungary
and Italy (1922) [T.S., No. 262, Vol. IX, p. 292].
1923
11 July
Cf. 26 May 1914.
60
109
1923
7 Feb.
Costa Rica, Guatemala, Honduras, Ni- 161,187
caragua, Salvador.—Convention : Unification of Protective Laws for Workmen and
Labourers [L.S., 1923, Int. 2].
1923
24 July
Tur key-Allied Powers.—Treaty of Peace 30
of Lausanne [T.S. No. 701, Vol. XXVIII,
P-12].
MULTILATERAL CONVENTIONS
311
1923
24 July
British Empire, France, Greece, Italy, 31, 91, 101
Japan, Rumania, and the Kingdom of the 120
Serbs, Croats and SIovenes-Turkey,—Convention : Establishment and Judicial Competence. Ratified : by the British Empire,
Greece, Italy, Japan and Turkey (1924) [T.S.,
No. 704, p. 152]. Letter appended to the
Convention [N.R.G.M., 3rd ser., Vol. XIII,
p. 451].
1923
24 July
British Empire, Bulgaria, France, 58
Greece, Italy, Japan, Rumania, and the
Kingdom of the Serbs, Groats and SIovenes-Turkey.—Convention relating to the
Regime of the Straits [T.S., No. 702, Vol.
XXVIII, p. 116].
1924
14 Nov.
Conventions for the Establishment of a Pan- 15
American Sanitary Code [Código sanitario
Panamericano. Havana, 1925]. Ratified, to
Jan. 1928, by : Chile, Costa Rica, Cuba, Haiti,
Honduras, Peru, Salvador, and the United
States.
1928
20 Feb.
1928
20 Feb.
1928
25 Oet.
Sixth American International Conference
(Havana, 1928) :
(1) Convention : Aliens Regulations (not yet 89
in force) [Sexta Conferência Internacional Americana, Acta final, Havana, 1928, p. 128].
(2) Convention : Right of Sanctuary (not 89
yet in force) [Ibid., p. 164].
Denmark, Finland, Norway, Sweden.— 109
Convention : Reciprocal Relief (Paupers) [Overenskomster med fremmede Stater, 1928, No.7,
p. 356].
HI. MULTILATERAL CONVENTIONS i
1902
12 June
Third Session of the Conference on International Private Law :
(1) Convention : CoiI) rflict of Laws in respect 92
of Marriage [N.R.G.M' 2nd ser.. Vol. XXXI,
p. 706]. Protocol o' adhesion opened on
28 Nov. 1923 [T.S., Nd . 1228, Vol. LI, p. 209].
Rat. and def. ad. : G<armany, Hungary, Italy,
Luxemburg, Netherlai ids, Portugal, Rumania,
Sweden, Switzerland.
1 Under this headli^ will be found ConLventions concluded under the auspices of an
International Organisation or International Conference, the universal application of which
Is not rendered impossible by the condition! of participation,
2 Eat. and def. ad. = Ratiflcation and de Ifinite adhesion.
312
CHRONOLOGICAL LIST OF TREATIES, ETC.
1902
12 June
(2) Convention : Conflict of Laws in respect
of Divorce and Separation [N.R.G.M., 2nd ser.,
Vol. XXXI, p. 715]. Protocol of adhesion
opened on 28 Nov. 1923 [T.S., Ño. 1229,
Vol. LI, p. 215]. Rat. and def. ad. : Germany,
Hungary, Italy, Luxemburg, Netherlands, Portugal, Rumania, Sweden, Switzerland.
(3) Convention : Guardianship of Minors
[N.R.G.M., 2nd ser.. Vol. XXXI, p. 724].
[Protocol of new adhesions opened on 28 Nov.
1923 [T.S., No. 1230, Vol. LI, p. 221]. Rat.
and def. ad. : Belgium, France, Germany, Hungary, Italy, Luxemburg, Netherlands, Portugal, Rumania, Spain, Sweden, Switzerland.
International Agreement for the Suppression
of the “White Slave Traffic” [T.S., No. 11,
Vol. I, p. 84, and Vol. XI, p. 354]. Rat. and
def. ad. : Austria, Belgium, Brazil, Bulgaria,
Danzig, Denmark (with Iceland and Danish
Antilles), France (and her Colonies), Germany
(and her Colonies), Great Britain (with Australia, Canada, India, Newfoundland, New Zealand and numerous British Colonies ^), Hungary, Italy, Luxemburg, Monaco, Morocco,
Netherlands, Norway, Poland, Portugal, Russia, Siam, Spain, Sweden, Switzerland, Tunis,
United States, Uruguay
Fourth Session of Conference on International Private Law :
(1) Convention : Civil Procedure [N.R.G.M.,
3rd ser., Vol. II, p. 243]. Protocol of adherence
opened 4 July 1924 [T.S., No. 1231, Vol. LI,
p. 228]. Rat. and def. ad. : Austria, Belgium,
Czechoslovakia, Denmark, Finland, France,
Germany, Hungary, Italy, Luxemburg, Netherlands, Norway, Poland and Danzig (Free City
of), Portugal, Rumania, Spain, Sweden, Switzerland.
(2) Convention : Conflict of laws relating to
Marriage [N.R.G.M., 3rd ser., Vol. VI, p. 480].
Protocolo! adherence opened 28 Novemberl923
[T.S., No. 1232, Vol. LI, p. 234]. Rat. and def.
ad. : France, Germany, Italy, Netherlands,
Portugal, Rumania, Sweden
(3) Convention : Deprivation of CivU Rights
and Similar Measures of Protection [N.R.G.M.,
3rd ser., Vol. VI, p. 490]. Protocol of adherence opened 28 Nov. 1923 [T.S., No. 1233,
Vol. LI, p. 239]. Rat. and def. ad : France,
Germany, Hungary, Italy, Netherlands, Portugal, Rumania.
1902
12 June
1904
18 May
1905
17 July
1905
17 July
1905
17 July
93
93
15, 233
103
92, 95
95,96
1 For details, of. Leaöue op Nations, Document A. 10 (a). Annex 1923.
* The Treaty Series published hy the League of Nations contains a printer’s error In the
title of this International Agreement; for “18 March” read “18 May”.
® Belgium, having ratified this Convention, denounced it on 23 Aug. 1922.
MULTILATI RAL CONVENTIONS
1910
4 May
1912
17 Jan.
1919
13 Oct.
1919
28 Nov.
1919
29 Nov.
Convention : S ippression of the “White
Slave Traffic” [N. l.G.M., 3rd ser., Vol. VII,
p. 252]. Rat. anc def. ad. to March 1926 ;
~ ■
Brazil, Bulgaria, China,
Czechoslovakia, Fiance, Morocco, Tunis and
French Colonies, ]<Tee City of Danzig, Germany, Great Britdn (Canada, India, Newfoundland, New Í «aland, Iraq and several
^
'
Hungary, Italy, Japan,
Monaco, Netherlands (Curaçao, Dutch Indies
and Surinam), Norway, Poland, Portugal,
Russia, Siam, Spi an, Sweden, Switzerland,
Uruguay.
International Saáitary Convention (to substitute the Sanitar3 ’ Conventions dated 30 Jan.
1892, 15 April 189 J, 3 April 1894, 19 March
1897 and 3 Dec. 19i9 )3) [T.S., No. 112, Vol. IV,
p. 281]. Rat. and def. ad. to 30 Dec. 1928 :
Australia, Austria, Belgium (Belgian Congo
and Uranda), Brazi , Bulgaria, Colombia, Czeehoslovakia, Denmark, Danzig, Ecuador,
Egypt, France, Í lermany, Great Britain
(Australia, NewfoUrdland, New Zealand), Guatemala, Honduras, Hungary, Italy, Luxemburg, Mexico, Monaco, Netherlands, Norway,
Panama, Persia, Pcland, Portugal, Rumania,
Russia, Kingdom of the Serbs, Croats and
Slovenes, Sweden, Switzerland, United States,
Uruguay.
Convention Regulation of Aerial Navigation [T.S., No. 297, ol. XI, p. 173]. Rat. and
def. ad., Oct. 1927 Belgium, Bolivia, British
Empire, Bulgaria Ciiile, Czechoslovakia, Denmark, Prance, Greei;e, Italy, Japan, Liberia,
Persia, Portugal, Kii i]gdom of the Serbs, Croats
and Slovenes, Siam Sweden.
First Session of ihe International Labour
Conference (Washin^ion, 1919) :
(1) Draft Convention concerning unemployment : came into forpe 14 July 1921 [I.L.O. :
Draft Conventions and Recommendations 1928,
p. 16 1]. Rat. at 1 March 1928 : Austria, Bulgaria, Denmark, Estonia, Finland, France,
Germany, Great Britain, Greece, Hungary,
India, Irish Free State, Japan, Luxemburg,
Norway, Poland, Rumania, Kingdom of the
Serbs, Croats and Slovenes, South Africa,
Spain, Sweden, Switzerland.
(2) Draft Convention: Employment of Women before and after Childbirth (Article 2)
[Ibid.fP. 21]. Came into foree 13 June 1921.
Rat. at 1 March 1929 : Bulgaria, Chile, Cuba,
313
15,234
15, 64, 65
51, 57
27,128,222
187,227
1 The publication referred to by this abbreviation is issued by the Internationa!»
Labour Office, and is entitled : Draft Conventions and Recommendations adopted by
the national Labour Conference at its Eleven Sessions held 1919-1928. Geneva, 1928.
314
1919
Nov.
1919
Nov.
1920
July
1920
July
1920
July
1921
20 April
1921
20 April
1921
30 Sept.
CHRONOLOGICAL LIST OF TREATIES, ETC.
Germany, Greece, Hungary, Latvia, Luxemburg, Rumania, Kingdom of the Serbs, Croats
and Slovenes, Spain.
(3) Recommendation : Unemployment [Ibid.,
p. 19].
(4) Recommendation : Reciprocity of treatment of foreign workers [Ibid., p. 20].
Second Session of the International Labour
Conference (Genoa, 1920) :
( 1) Draft Convention : Unemployment Indemnity in case of loss or foundering of the ship
[I.L.O., Draft Conventions and Recommendations, 1928, p. 45]. Came into force 16 March
1923. Rat. at 1 March 1929 ; Belgium, Bulgaria, Canada, Cuba, Estonia, Great Britain,
Greece, Italy, Latvia (conditionally), Luxemburg, Poland, Spain.
(2) Draft Convention for Establishing Facilities for Finding Employment for Seamen
[Ibid., p. 48]. Came into force : 23 Nov. 1921.
Rat. at 1 March 1929 : Australia, Belgium, Bulgaria, Cuba, Estonia, Finland, France, Germany, Greece, Italy, Japan, Latvia, Luxemburg, Norway, Poland, Sweden.
(3) Recommendation : Unemployment Insuranee for Seamen [Ibid., p. 44].
Convention and Statute on Freedom of
Transit (Articles 1, 4, 5 and 7) [T.S., No. 171,
Vol. VII, p. 12]. Rat. and def. ad. at 1 March
1929 : Albania, Austria, Belgium, British
Empire (including India, Newfoundland, New
Zealand and several colonies), Bulgaria, Chile,
Czechoslovakia, Danzig, Denmark, Estonia,
Finland, France, Germany, Greece, Hungary,
Italy, Japan, Latvia, Netherlands (with Dutch
Indies, Surinam and Curaçao), Norway, Palestine, Poland, Rumania, Siam, Sweden, Switzerland, Syria and Lebanon.
Convention and Statute on the Regime of
Navigable Waterways of International Concern [T.S., No. 172, Vol. VII, p. 36], Rat. and
def. ad., at 3 Sept. 1928 : Albania, Austria,
British Empire (including India, Newfoundland, New Zealand and certain colonies), Bulgaria, Chile, Czechoslovakia, Denmark, Finland, France, Greece, Hungary, Italy, Norway,
Palestine, Rumania, Siam, Sweden.
International Convention for the suppression of the Traffic in Women and Children;
opened for signature at Geneva from September 30 1921 to March 31 1922 [T.S., No. 269,
Vol. IX, p. 415]. Rat. and def. ad., at 3 Sept.
1928 : Albania, Austria, Belgium, British
Empire (including Australia, Canada, India,
New Zealand, South Africa and numerous
128,223
185
223
128
223
56
57
235
MULTILATERAL CONVENTIONS
1921
Nov.
1921
Nov.
1922
5 July
1922
Nov.
1923
29 Sept.
colonies ^), Bulgaria, Chile, China, Czechoslovakia, France (including Colonies and Protectorates), Germany, Greece, Hungary, Italy (including colonies), Japan, Latvia, Netherlands
(including Dutch Indies, Surinam and Curaçao), Norway, Poland (with Danzig), Portugal,
Rumania, Siam, Spain (excluding colonies and
protectorate), Sweden, Switzerland, Uruguay.
Third Session of the International Labour
Conference (Geneva, 1921) :
(1) Draft Convention : Workmen’s Compensation in Agriculture [I.L.O. : Draft Conventions and Recommendations, 1928, p. 61].
Came into force 26 Feb. 1923. Rat. at 1 March
1929 : Bulgaria, Chile, Denmark, Estonia,
France, Germany, Great Britain, Irish Free
State, Luxemburg, Netherlands, Poland,
Sweden.
(2) Recommendation : Social Insurance in
Agriculture [^Ibid., p. 66].
International Arrangement with respeet to
the issue of certificates of identity to Russian
Refugees [T.S., No. 355, Vol. XIII, p. 238].
Came into operation 15 Oct. 1922. Adhesions
to 6 March 1928 : Albania, Argentina, Australia, Austria, Belgium, Bolivia, Brazil, Bulgaria,
Canada, Chile, China, Cuba, Czechoslovakia,
Denmark, Danzig, Egypt, Estonia, Finland,
France, Germany, Great Britain, Greece, Guatemala, Hungary, India, Iraq, Irish Free State,
Italy, Japan, Latvia, Lithuania, Luxemburg,
Mexico, Netherlands, New Zealand, Norway,
Paraguay, Poland, Portugal, Rumania, Saar
Territory (Saar Basin Governing Commission),
Kingdom of the Serbs, Croats and Slovenes,
Siam, South Africa, Spain, Sweden, Switzerland, Turkey United States, Uruguay.
Fourth Session of the|International Labour
Conference (Geneva, 1922) :
Recommendation : Communication to the
International Labour Office of Statistical and
other information regarding emigration, immigration, and the repatriation and transit of emigrants [I.L.O. : Draft Conventions and Recommendations, 1928, p. 78].
Protocol relating to the Settlement of Refugees in Greece and the creation for this purpose
of a Refugees’ Settlement Commission [T.S.,
No. 503, Vol. XX, p. 30]. Additional Act
dated 19 Sept. 1924. Instruments of ratification deposited 4 Dee. 1924 [T.S., No. 776,
Vol. XXX, p. 414].
^ For details, cf. Leaguk of Nations : Document A 6 (a), 1928, Annex.
315
204
195
44,69,252
26
250
316
1923
9 Dec.
1923
9 Dec.
1924
31 May
1924
19 Sept.,
1924
23 Oct.
1925
10 June
CHRONOLOGICAL LIST OF TREATIES, ETC.
Convention and Statute on the International 51,57
Regime of Railways (Articles 4, 20 and 30)
[T.S., No. 1129, Vol. XLVII, p. 55]. Rat. and
def. ad., at 3 Sept. 1928 : Austria, Belgium,
British Empire (including India, Newfoundland, New Zealand, Southern Rhodesia and
several colonies and protectorates ^), Denmark,
, Germany, Japan, Netherlands, Norway, Poland and the Free City of Danzig, Rumania,
Siam, Sweden.
Convention and Statute on the International 47,57
Regime of Maritime Ports (Articles 2, 7 and 12)
[T.S., No. 1379, Vol. LVIII, p. 285]. Rat.
and def. ad., at 3 Sept. 1928 : Austria, Belgium, British Empire (including Australia,
India, Newfoundland, New Zealand, Southern
Rhodesia, and numerous colonies ^), Denmark,
Germany, Greece, Japan, Netherlands (including Dutch Indies, Surinam and Curaçao),
Norway, Siam, Sweden, Switzerland.
International Arrangement : Certifleates of 44,253
Identity for Armenian Refugees. Adhesions
to 6 March 1928 : Albania, Australia, Austria,
Belgium, Bulgaria, Cuba, Czechoslovakia, Denmark, Egypt, Estonia, Finland, France, Germany, Great Britain, Greece, Hungary, Iraq,
India, Irish Free State, Italy, Japan, Latvia,
Liberia, Lithuania, New Zealand, Norway,
Palestine, Poland, Portugal, Rumania, Saar
Territory (Saar Basin Governing Commission),
Kingdom of the Serbs, Croats and Slovenes,
Siam, South Africa, Sweden, Switzerland,
United States, Uruguay.
Cf. 29 Sept. 1923.
Berne Convention relating to the transport 51
of passengers and goods [Recueil des Lois fédérales, Vol. 44, p. 579]. Rat. to 8 Jan. 1929 :
Austria, Belgium, Bulgaria, Czechoslovakia,
Danzig, Denmark, Estonia, Finland, Franee,
Germany, Greece, Hungary, Italy, Latvia,
Liechtenstein, Luxemburg, Netherlands, Norway, Poland, Portugal, Rumania, Saar Territory, Kingdom of the Serbs, Croats and Slovenes, Spain, Sweden, Switzerland.
Seventh Session of the International Labour
Conference (Geneva 1925).
(1) Draft Convention : Workmen’s Compen- 204
sation for Accidents [I.L.O. : Draft Conventions
and Recommendations, 1928, p. 93]. Came
into force 1 April 1927. Rat., to 1 March 1929:
Belgium, Cuba, Hungary, Latvia, Luxemburg,
Netherlands, Kingdom of the Serbs, Croats
and Slovenes, Spain, Sweden.
1 For details, cf. LEAOtTE of Nattons : Document A. 6 (a), 1928, Annex.
MULTILATEEAL CONVENTIONS
Sir
1925
10 June
(2) Recommendation : Minimum scale of 205
Workmen’s Compensation [Ibid., p. 97].
1925
10 June
(3) Recommendation : Jurisdiction in Dis- 205
putes on Workmen’s Compensation [Ibid.,
p. 98],
1925
10 June
(4) Draft Convention : Workmen’s Compen- 205
sation for Occupational Diseases [Ibid., p. 100].
Came into force 1 April 1927. Rat. to 1 March
1928 : Austria, Belgium, Cuba, Finland, Germany, Great Britain, Hungary, India, Irish
Free State, Japan, Luxemburg, Netherlands,
Kingdom of the Serbs, Croats and Slovenes,
Switzerland.
1925
10 June
(5) Recommendation : Workmen’s Compensation for Occupational Diseases [Ibid., p. 103].
1925
5 June
(6) Draft Convention ; Equality of Treatment 106,185,205,
for national and foreign workers as regards 218
workmen’s compensation for accidents [Ibid.,
p. 104]. Came into force 8 Sept. 1926. Rat.
to 1 March 1928 : Austria, Belgium, Cuba,
Czechoslovakia, Denmark, Finland, France,
Germany, Great Britain, Hungary, India,
Italy, Japan, Latvia, Luxemburg, Netherlands,
Poland, Kingdom of the Serbs, Croats and Slovenes, South Africa, Spain, Sweden, Switzerland.
1925
5 June
(7) Recommendation : Equality of treatment 27, 205
for national and foreign workers as regards
workmen’s compensation for accidents [Ibid.,
p. 107].
1926
12 May
International Arrangement : Issue of certi- 45, 252, 253
ficates of identity to refugees [League of
Nations, A. 29 1926 VIII.5 (C. 327, 1926 and
C.367, 1926), p. 3]. Adhesions to 3 July 1928 :
Austria, Belgium, Bulgaria, Cuba, Denmark,
Estonia, Finland, France, Germany, Greece,
Hungary, India, Irish Free State, Luxemburg,
Norway, Poland, Rumania, Kingdom of the
Serbs, Croats and Slovenes, Sweden, Switzerland.
205
Eighth Session of the International Labour
Conference (Geneva, 1926) :
1926
5 June
(1) Draft Convention : Simplification of the 27, 54, 236
inspection of emigrants on board ship [I.L.O. :
Draft Conventions and Recommendations
1928, p. 112]. Came into force 29 Dec. 1927.
Rat. to 1 March 1929 : Austria, Belgium, Czechoslovakia, Great Britain (conditionally),
India, Japan, Luxemburg, Netherlands.
1926
5 June
(2) Recommendation : Protection of emigrant 55, 236
women and girls on board ship [Ibid., p. 115].
318
1926
23 June
1926
24 June
1926
9 Sept.
1926
25 Sept.
1926
21 June
1927
15 June
1927
15 June
1927
15 June
CHRONOLOGICAL LIST OF TREATIES, ETC.
Ninth Session of the International Labour
Conference (Geneva, 1926) :
(1) Draft Convention ; Repatriation of seamen
[Ibid., p. 123]. Came into force 16 April 1928.
Rat. to 1 March 1927 : Belgium, Cuba, Estonia,
Luxemburg.
(2) Draft Convention : Seamen’s articles of
agreement [Ibid., p. 117], Came into foree
4 April 1928. Rat. to 1 March 1928. Belgium, Cuba, France, Luxemburg.
Protocol ; Settlement of refugees in Bulgaria.
Ratified by Bulgaria on 23 Nov. 1926 [T.S.,
No. 1375, Vol. LVIII, p. 246].
Geneva Convention relating to Slavery.
Opened for signature by States Members of the
League of Nations up to 1 April 1927 and afterwards for adhesion by all States, Members or
non-Members [T.S., No. 1414, Vol. LX, p. 253].
Rat. and def. ad. to 1 March 1929 : Austria,
British Empire (including Australia, Canada,
New Zealand, India with certain reservations,
and South Africa), Belgium, Bulgaria, Denmark, Egypt, Ecuador, Finland, Haiti, Iraq,
Italy, Latvia, Monaco, Nicaragua, Netherlands
(including Dutch Indies, Surinam, and Curaçao), Norway, Poland, Spain (including colonies with the exception of the Protectorate of
Morocco), Sudan, Sweden.
International Sanitary Convention : To
replace the Sanitary Conventions entered into
between the contracting parties on 17 Jan.
1902 and 3 Dec. 1903 [Journal officiel, 1928,
No. 164, 12 July, p. 7775]. Came into force
12 July 1928. Ilat. and def. ad. to 31 Dec.
1928 : Belgium, Czechoslovakia, France, Great
Britain, Monaco, Morocco, Rumania, Spain,
Sudan, Tunis, United States.
71
171
251
233
8,15,64
Tenth Session of the International Labour
Conference (Geneva, 1927) :
(1) Draft Convention : Sickness insurance for 227
workers in industry and commerce and domestic servants [I.L.O. : Draft Conventions and
Recommendations, 1928, p. 134]. Came into
force 13 July 1928. Rat. to 1 March 1929 :
Austria, Czechoslovakia, Germany, Hungary,
Luxemburg.
(2) Draft Convention : Sickness insurance for 227
agricultural workers [Ibid., p. 139]. Came
into force 13 July 1928. Rat. to 1 March 1929 :
Austria, Czechoslovakia, Germany, Luxemburg.
(3) Recommendation : General principles of 227
sickness insurance [Ibid., p. 144].
MULTILATERAL CONVENTIONS
319
Sixth Session of the Hague Conference on
International Private Law :
1928
28 Jan.
1928
28 Jan.
1928
30 June
(1) Draft Convention : Free Legal Assistance 103
and free issue of certified extracts from official
registers. Not yet in force [Acts of the Sixth
Session held 5-28 Jan. 1928. The Hague,
1928, p. 410].
(2) Draft Convention : Supplementary to that 103
of 17 July 1905 relating to civil procedure. Not
yet in force [Ibid., p. 414].
International Arrangement ; Legal Provi44,69, 96,
sions relating to Russian Refugees [High Com- 103,186, 253
missariat for Refugees : L.S.C.ll 1928 (1)].
ADDENDUM
AUSTRO-GERMAN AGREEMENT
During the agricultural season of 1928, arrangements were made
by the competent authorities in Austria and Germany to facilitate
the seasonal employment in unskilled agricultural work in Germany
of about 8,000 Austrian unemployed who had a short training for
the work. Subsequently, a formal Agreement authorising the engagement, placing and employment of Austrian workers in seasonal
agricultural work in Germany, was signed on 13 December 1928 by
the German Federal Ministry of Labour on the one hand, and the
Migration Office of the Austrian Federal Chancellory and the Austrian
Federal Ministries of Social Welfare and Agriculture and Forestry
on the other. The Agreement came into operation on 1 February
1929, following an Exchange of Notes between the Federal Chancellory
and the German Legation in Vienna. It is valid for one year, but
may be prolonged from year to year by tacit agreement.
In virtue of this Agreement, the authorities competent to deal
with such matters are the Central Office for Workers in Germany,
and the district industrial committees or the Migration Office of the
Federal Chancellory in Austria. The Central Office for Workers is
required to inform the Migration Office in Vienna of the number of
Austrian workers (men and women) for whom employment is available
in eaeh German State (Land), or in each of the provinces of Prussia,
and from which of the Austrian States (Länder) the labour is desired.
The Migration Office in Vienna is required to supply the .Central
Office for Workers, within three weeks of the reception of such communication, with the names of the Austrian States which accept the
German proposals and the number of workers available in each State.
The Central Office for Workers then transmits the employers’ applications, which must be accompanied by four copies of the contract of
employment signed by the employer or by the Office on his behalf.
The engagement of workers must be made in accordance with the
terms of a model contract issued for seasonal workers by the Technical
Committee for Agriculture and Forests of the German Federal Institute
for Employment Exchanges and Unemployment Insurance. Any
adverse conditions inserted in the contract must be annexed thereto
by the German Government. The latter also undertakes to submit
to the Technical Committee any proposals put forward by the Austrian
Government for the amendment of the terms of the model contract.
Any other contract used for the engagement of Austrian agricultural
workers shall be null and void, and the said model contract shall take
its place.
The competent Austrian employment offices are required to see
that the workers engaged observe the conditions of the contract.
Workers who fail to do so shall be barred from further employment in
Germany.
21
322
AUSTRO-GERMAN AGREEMENT
The selection of workers is made by the Austrian employment offices
which must agree with the German Central Office as regards the date
of the commencement of the employment. The worker’s surname and
Christian name and his place of origin must be shown in the contract.
After reading the contract, the Austrian worker signs it, and the
employment office countersigns it and affixes its official stamp. A copy
of the contract is sent to the German Central Office, the appropriate
Austrian employment office, the employer and the worker, or one of
the workers designated by the Austrian employment office when the
contract is of a collective nature.
The departure of workers is arranged by the appropriate Austrian
employment office, which is required to inform the Central Office of
the date of departure. The Central Office must arrange for the
workers to be met at the German frontier station.
Austrian agricultural workers engaged under such contracts are
entitled in Germany, in so far as the German legislation applying to
all foreign workers does not stipulate otherwise, to the same privileges
as are afforded to German nationals in connection with the protection
of labour, trade union action, public relief, and the regulation of
conditions of labour, including conciliation and arbitration.
The German Government undertakes to use its influence to secure
decent and healthy housing conditions for Austrian workers.
The provisions embodied in the model contract drawn up for Austrian
agricultural workers for the year 1929, by the Technical Committee
for Agriculture and Forestry of the German Federal Institute for
Employment Exchanges and Unemployment Insurance, are practically identical with those of the model contract for nationals of the
Serb-Croat-Slovene Kingdom (cf. Chapter VII, § 2, of the present
volume) which regulate the duration of employment, hours of work,
money wages, wages in kind and housing conditions, travelling
expenses, use of implements, measures applicable in cases of breach of
contract, sickness and insurance, and conciliation in cases of dispute
or appeal. The only difference relates to deductions from wages,
Austrian seasonal agricultural workers being exempted from the
labour tax. When the model contract for 1929 was drawn up, no
decision had then been taken respecting contributions to unemployment
insurance ^ and invalidity insurance.
1 A subsequent Ministerial Decree, dated 6 March 1929, exempted Austrian agricultural
workers from payment of unemployment insurance contributions.
SUBJECT INDEX
The roman numerals indicate the volume, arable numerals the page number.
Figures in italic type refer to chapters where the suject is specifically dealt with.
Absence of nationality. See : Natio- Advances of money. I. (248; II. 227,
nality.
345, 351, 354-357, 362-364, 368372, .374, 386; III. 109-111, 146,
Accident compensation. I. 309-313;
175-176, 251.
II. 216, 218, 383, 387; III. 27, 106,
124, 139, 142-143. 149, 157, 159, Advantages offered to emigrants, immi163, 185.—See also : Accident insurgrants. II. SiO-351 ; III. 76-77,
ance.
80-85, 96-97.
Accident insurance. I. 178, 180, 309- Advertising. See : Publicity agents.
313; II. 424; III. 131, 141, 149, 176, Advisory Committee on Intellectual
m-218.
Workers (International Labour Office). III. 19.
Accidents. I. 105, 175, 206, 309-310;
II. 138. 204, 216, 247, 382, 387; Advisory Committee on the Traffic in
III. 27, 72, 106, 108, 124, 149, 165,
Women and Children. III. 22, 235168, 188.—See also : Accident com237.
pensation, accident insurance, can- Advisory committees (France-Italy).
celling transport contracts.
III. 190.
Accommodation. 1.133, 173-175, 177- Advisory organisations. I. 110-129,
178, 180-181, 190, 219-220, 223,
396; II. 147-171.
228-232, 236-237, 239-244, 398- Age. I. 12, 49-55, 62-63, 275-278;
.399; II. 242, 245-246, 382, 384II. 10-15, 18-20, 49, 88-92, 192,
388; III. 65, 72, 131, 1,35, 146, 148222, 391-411; III. 188, 190-191,
149, 165, 172, 174-175.—See also :
234-236, 256.—See also : Children,
Contract of employment, hostels,
legal minority, militarj’’ service,
sleeping accommodation.
minors, parents’ permission.
Accommodation, Class of travelling. Agenda official de collocaçao (Sao
I. 9, 63,110, 274, 311 ; II. 11-12, 18,
Paulo). II. 238.
21, 73-74, 119, 239, 285; III. 65.
Agendes. See under the names of
Addiction to dangerous drugs. II. 40,
the various agencies.—See also :
96-98, 102-104, 316, 318, 325-326.
Associations, bureaux, commissariats, commissions, committees,
Administrative services. I. 110-129;
councils, departments, directorates,
II. 145-171.—See also under the
institutes, institutions, ministries,
names of the various services ; and :
offices, organisations, organs, secAgencies, associations, bureaux,
tions, services, societies, unions.
commissariats, commissions, committees, councils, departments, di- Agents. See : Commissioners, curarectorates, institutions, institutes,
tors, emigration agents, high comministries, oflices, organisations, ormissioners, inspectors, officers, offigans, sections, societies, unions.
cials, protectors, recruiting, transport.
Advance of travelling expenses.—I. 7375, 248, 250, 252: II. 235-243; Agreement concerning workmen (NelIII. 73, 175-176.
tuno). 111.60,62,153.
324
SUBJECT INDEX
Agregados obreros (Mexico). II. 165. Assistance. See ; Accommodation, assisted emigration, assisted immiAgricultural communities. II. 85.
gration, charitable assistance, legal
Agricultural Labour Service, Ministry
assistance, medical assistance, priof Agriculture (France). II. 81,
vate associations and societies,
125, 145, 159, 178, 220, 274; III.
relief.
176.
Assisted
emigration. I. 66, 187-192,
Agricultural workers. I. 17, 19, 70,
340-344, 399-400, 402; III. 12, 36142, 145-147, 181, 354-356; II. 11,
37, 53, 73, 146, 238.—See also :
31-32, 5l), 76-86, 113, 153-158, 182Assisted immigration, official de184, 206, 208, 222, 229-230, 232partments, private societies.
240, 242-243, 343-351. 383; III. 35,
42, 62, 67, 70, 77, 119. 127, 129-137, Assisted immigration. II. 45, 120121, 179-180, 234-243,
301,
146150,
153-154,
160,341162-166, 17
351.—See also : Assistance, assist176, 193, 195, 204, 208, 211, 221,
ed
emigration,
associations,
edu^
224, 228, 258.—See also : Advantcation, officiai departments.
ages offered to emigrants, immigrants, closer settlement, grants Association for Agricultural Emigration (Italy). I. 191.
of land, seasonal workers.
Airship, Travel by. II, 114, 144, 171, Association for Labour Legislation.
III. 16.—See also : International
276-277, 287-289; III. ¡51, 57-58,
Association for Social Progress.
60-61, 211, 246.
Alcoholism. See : Addiction to dan- Association of Labour Exchanges (Netherlands). II. 233.
gerous drugs.
Anarchists. II. 33-44, 311, 327; III. Attorney-General (New Zealand). II.
41.
38, 68.
Auslandsinstitut
(Germany). See :
Apprenticeship. I. Í44-147; II. 18ÎDeutsches Auslandsinstitut.
184, 341; III. 118, 182-183.—See
also : Education.
Auswanderungsbeirat (Germany).
I. 114.
Arbeiterzentrale, Deutsche. II. 14,113,
161, 194, 208, 400, 427; III. 42, Authorisation. See : Marital, paternal
147148,
permission, etc.
150, 174.
Arbeitsämter. II. 161.
Aviation. See : Airship, Travel by.
Arbeitsgemeinschaft für Deutsches W anBanking operations. I. 248-249, 349;
derungswesen. I. 132.
II. 245-246.—See also: Savings
Arbitration. I. 232, 257, 261, 398;
banks.
II. 183, 423; III. 64, 90, 131, 134,
141, 148-150, 152, 192-193, 202, Banks. I. 347-349; II. 357; III. 138,
159.—See also : Banking opera214.—See also : Conciliation, courts,
tions, savings banks.
labour jurisdiction, procedure, tribunals.
Bargemen, and crews of river-craft.
III. 43-44, 180, 199-200, 226, 259.
Archives. I. 248, 252-254, 398; II.
226, 349, .389-411; III. 14.—See Barnardrfs Homes, Dr. I. 189.
also : Books and documents, re- Barristers, III, 181.
cords, registers.
Befreiungsschein (Certificate of ExempArtistes. I. 20-21, 51, 57, 62, 69, 84,
tiori) (Germany). II. 14.
327, 395; II. 9, 12-13, 19, 43, 53, Beggars. II. 34, 36-37, 40-43, 64-66,
60, 74, 87, 127, 189, 193, 197, 198,
68-75, 313-328.
206, 229, 290; III. 19, 22, 138,
Belgian Trade Union Committee. II.
236.
151.
Asiatic congregations. II. 54-55, 90Berne, Labour Conferences. III. 3,
91, 160, 320, 338, 398-400.
16, 186-187.
Asiatics. I. 69-70; II. 14, 17, 46-61,
90, 160, 209, 236, 262, 296, 305, 320, Blue Cross Society (Mexico). See:
Cruz Azul.
331-332, 338-390, 398-403, 405-406,
425; III. 21, 31, 33, 161.—See Board of Immigration (Hawaii). II.
also : Race.
243.
SUBJECT INDEX
Board of Trade (Great Britain). I.
15, 24, 114-115, 141, 205, 211, 225,
229, 258, 284, 300, 320.
Boats. See : Bargemen, vessels, waterways.
Boletim de Emigraçao (Portugal). I.
143, 192.
Boletín de la Dirección de Tierras y
Colonias (Paraguay). II. 179.
Boletín de la Direoción-general de Emigración (Spain). I. 144.
Bolletino dell’ Emigrazione (Italy).
I. 121 ; III. 12.
Bolsa del Trabajo internacional
(Spain). I. 136.
Bond of Guarantee (Labour Contract).
l. 324-328 ; II. 229, 224, 332.
Bonomelli Societies (Italy). I. 134.
Books and documents. I. 252-254.
—See also : Archives, certificates,
lists.
Bratislava Accident Insurance Fund.
m. 131-132.
British Dominions Emigration Society. I. 133, 189.
British Phosphate Commission (Nauru). II. 203, 216, 236.
British South Africa Company. II.
368; III. 156.
Bulletin du marché du travail (France).
II. 179.
Bulletins (Emigration and Immigration). See : Boletin, Bolletino, Boletim, etc.
Bulletin of the Pan-American Union.
II. 394.
Bundeskanzleramt (Austria). I. 110.
Bureau (International) for Information and Enquiries regarding Relief
of Foreigners (Paris). III. 19.
Bureau of Immigration, Department of
Labour (United States). I. 128;
II. 145, 170, 229, 380, 410.
Bureaux. See under the names of the
various bureaux.—See also : Agencies, associations, commissariats,
commissions, committees, councils,
departments, directorates, institutes, ministries, offices, organisations, sections, services, societies,
unions.
Burial. I. 174, 220, 229, 316; II. 69,
163, 221, 387; III. 91, 110-114,
212.
325
Caisse nationale de crédit agricole
(France). III. 252.
Canadian National Railway. II. 206.
Canadian Pacific Railway. II. 206.
Canadian Superintendant of Immigration in London. II. 90.
Cancellation of Contract of Employment. I. 103-104, 174-181, 328;
II. 217-230, 330-334, 385 ; III. 130161, 165, 166, 168-171, 173, 244.
Cancelling transport contracts. I. 232238, 255-257, 819.
Capital, Export of. See : Export of
capital.
Capitation Card. II. 143.
Capitation (Head Tax). See : Taxes.
Capitulations. III. 81, 84, 101-102.
Cardinal Ferrari Society (Italy). I.
134.
Caritas Verband, Deutscher. I. 132.
Cartera de identidad del emigrante
(Spain). I. 89, 278.—See also:
Identity books and cards.
Cosier Judiciaire. See : Judicial record.
Cassa invalidi della marina mercantile
(Italy). III. 200.
Cassa nazionale di previdenza per la
invalidità e per la vecchiaia degli
operai. III. 200.
Cautio judicatum solvi. III. 97, 102103.
Cédula de vecindad. II. 59.—See
also : Residence cards.
Central Committee for Finding Employment (Belgrade). III. 150-151.
Central Emigration Council (Portugal).
I. 169.
Central Emigration Office (Portugal),
I. 124.
Central Employment OJfice of the Ministry of Labour (France). II. 158.
Central Office for Agricultural Labour
(Austria). III. 67, 130.
Central Office of Lands and Colonies
(Argentina). See : General Office
of Lands and Colonies.
Central Immigration Committee (Venezuela). II. 171.
Central Immigration Office (Venezuela).
II. 234.
Central Office of Colonies (Venezuela).
II. 180.
826
SUBJECT INDEX
Central Service to Control the Movement
of Aliens (Greece). II. 164.
Certificat de congé saisonnier. See :
Certificate of seasonal leave.
Certificate of definite embarkation (Italy). I. 85.
Certificate of industrial service. II.
403.
Certificate of occupation, profession, or
trade. II. 76.
Certificate of satisfactory antecedents
and behaviour. I. 40-42, 161 ; II.
32-44, 86, 110-112, 114, 116-119,
242, 404, 416; III. 38.
Certificate of seasonal leave (France).
II. 113.
Certified extract from Criminal Record
(Casier judiciaire). See : Certificate of satisfactory antecedents
and behaviour, judicial record.
Chancellery of the Austrian Republic.
See : Bundeskanzleramt (Austria).
Charitable assistance. I. 187-492,335,
347-349; II. 172, 236-243; III. 13,
16, 19, 22, 53, 62-63, 67, 72-73, 8788, 106-H9, 138, 140, 144, 148149, 152.—See also : Assisted emigration and immigration, private
associations, protection.
Charity. See : Caritasverband, charitable assistance, protection.
Chemists and druggists. III. 179-181.
Child Emigration Society ( Great Britain). I. 133, 189.
Child migration societies ( Great Britain). I. 189.
Children. I. 81, 133-134. 145-147,
189-190, 275, 279, 282, 294, 297,
305, 311-313, 328-334, 349; II. 8892, 102, 104, 110, 182-184, 215, 219,
221, 232, 235, 237-240, 242-243,
290-291, 331-336, 341-343, 345-347,
357-361, 365, 371, 373, 382-383,
386, 388, 392-393, 396, 398-400,
404-407, 409, 419-421; III. 13, 15,
35-37, 53, 73, 91, 93-95, 98, 108,
110-111, 113-116. 118-119, 124, 140141; 145-146, 187-188, 243.—See
also : Age, families, minority, m>nors, passports.
Child Welfare Committee (League of
Nations). III. 76, 114.
Chinese Immigration Commissioner,
Samoa. II. 148.
Christian Trade Unions, Congress of
the. III. 21.
Church Army ( Great Britain ). I.
134, 190.
Church Immigration Committee (Australia). II. 377.
Church of England Council of Empire
Settlement. I. 133.
Church of Scotland. I. 190.
Civil rights. II. 381; III. 31, 80, 83,
87-91, 95-90.
Clandestine emigration, immigration.
I. 9S-99, 249-252, 321, 401 ; II. .54,
130-136, 199, 269, 290, 309, 312,
320, 326, 428; III. 9, 38-39, 130,
159-160.
Closer settlement. II. 353, 357, 424.—
See also : Land settlement.
Codification and. co-ordinatio?i. III. 15,
26-27.
Coffee pickers. III. 165.
Collective emigration. I. 73; III. 42,
43.—See also ; Collective immigration, collective recruitment.
Collective immigration. II. 81, 83-85,
198, 218, 244, 262, 375-380, 406.—
See also : Collective emigration,
. collective recruitment.
Collective passports. I. 81, 86; II. 83;
III. 40, 130 et seq.
Collective transport. I. 308-309.
Collective recruitment. I. 152, 242,
247, 399-400; II. 107, 109, 203-206,
220; III. 41-42, .53, 126, 128-174.
Colonial emigration. III. 237-245.—
See also : I.,and settlement, settlers.
Colonial departments and institutions.
I. 113, 120, 191.
Colonisation. See : Land settlement.
Colonisation Society (Poland). 1.136.
Colonists. See : Settlers.
Commercial travellers. I. 14.
Commercial travellers in transport.
See : Runners, emigrant carriers.
Commissariat (du Gouvernement) pour
lEmigration (Belgium). I. Ill,
253, 255, 260, 263, 269, 274, 286,
297, 353.
Commissariat for the Exchange of
Populations, Reconstruction, and
Settlement (Turkey). II. 169.
Commissariats. See under the names
of the various Commissariats.—
See also : Agencies, associations, bureaux, commissions, committees,
councils, departments, directorates,
SUBJECT INDEX
institutes, ministries, offices, organisations, organs, sections, services,
societies, unions.
Commissioner for Emigration (Belgium). See: Emigration officers.
Commissioner-General of Emigration
(Italy). I. 59, 118-120, 261.—See
also : Emigration officers. General
Emigration Department (Italy).
Commissioner of Crown Lands. II.
182.
Commissioner of the British South
Africa Police (Southern Rhodesia) '.
II. 20.
Commissioners. See under respective
titles.—See also : Agents, curators,
inspectors, high commissioners, officers, officials, protectors, superintendents.
Commissions. See under the names
of the various commissions.—See
also ; Agencies, associations, bureaux, commissariats, committees,
councils, departments, directorates,
institutes, ministries, offices, organisations, sections, services, societies, unions.
Committee on Communications and
Transit (League of Nations). I.
79, 83; III. 17, 51, 56-57.
Committee of Experts for Progressive
Codification of International Law.
III. 81, 100.
Committee on Native Labour (International Labour Office). III. 18.
Committee on Social Insurance (International Labour Office). III. 18.
Committee on Unemployment (International Labour Office). III. 18.
Committees. See under the names of
the various
committees.—See
also : Agencies, associations, bureaux, commissariats, commissions,
councils, departments, directorates,
institutes, ministries, offices, organisations, organs, sections, services,
societies, unions.
Compensation ( contract of employment ).
I. 107. 180, 341, 344; II. 221, 224225 ; III. 173, 176.—See also :
Accidents, cancellation of contract,
insurance.
Compensation (contract of transport).
I. 228-232, 254-2.57, 313-315. 320324, 399; II. 303-311.—See also;
Cancelling transport contracts,
price, contract of transport.
327
Compulsory school attendance. III.
145.—See also : Education.
Conciliation. I. 254-257; II. 381-388,
423; III. 134, 141, 148, 150, 152,
173, 193.—See also : Arbitration,
labour jurisdiction, procedure, tribunals.
Conference on Passports, Customs
Formalities, and Through Tickets.
III. 40-41, 45.
Conferences on International Private
Law (The Hague). III. 3, 15, 17,
92Conflict of Laws. III. 92-101.
Congress for Public and Private Belief
(International). III. 16.
Consejo de Acción social y Emigración
(Spain). I. 127.
Consolidated Fund (New Zealand).
II. 324.
Consorzio nazionale di emigrazione e
lavoro (Italy). I. 134.
Consular Committees (Spain). See :
Juntas Consulares.
Consular courts. III. 101.
Consuls, consular agents, officials. I.
134, 178, 253-257, 295, 330-335,
340-3Í7, 348-349; II. 128-129, 135,
147, 155-156, 164, 171, 191, 201,
204, 252-255, 281; III. 42, 44, 73,
93152, 160, 167, 191, 206-207, 213216, 218.—See also : Diplomatic
agents, information, seamen, passports, visas.
Consultative Commission for the Protection of Children and Young Persons (League of Nations). Ill 235.
Continental and Frontier Zone Immigration. II. 21, 273-276, 426-429.
—See also : Continental emigration,
contract of employment, recruitment.
Continental emigration. I. 26, 151154, 178-182, 184-187, 327, 350357; III. 24, 64, 66.—Inter-African : III. 154-161 ; Inter-American ;
III. 32-33, 161 ; Inter-Asiatic : III.
16Í-162; Inter-European : III. 129154.
Contract labourers. II. 14, 60, 116,
121, 124, 193-195, 206, 264, 322,
348, 385, 398, 405-406.—See also :
Occupation, profession, trade, repatriation as a result of labour
contracts, resources.
328
SUBJECT INDEX
Contract of employment : I. 50-78, 148150, Í73-182, 324-328, 341-347,
402; II. 78-87, 189, 195, 213-230,
329-335. 382-388; III. 19, 42-43, 67,
71, 112, 128, 130-177, 242.—See
also : Continental emigration, passports, penalties, placing, procedure,
recruiting licence, recruitment,
security, staff, taxes.
Contract of transport. I. 22Í-245,
309-315, 341-344. 353-354, 398-401 ;
II. 305, 336; IÍI. 53.—See also ;
Agents, cancellation, cost, penalties,
placing, procedure, security, staff,
t.axes, tickets, transport, transport licence.
Contracts. See : Contract of emigration, contract of employment, contract of transport.
Control of recruitment. I. 170-172.
Convicted persons. I. 40-42, 329 ;
II. 32-44, 60, 121, .312-328; III. 3839, 100, 112, 139, 256, 259.—See
also : Anarchists, deportation, judicial record.
Cost of transport, journey. I. 187192, 215-222, 248-252, 307-309, 340,
399; II. 236-243, 341-3.50, 355, 365;
III. 52, 66-67, 71-72, 167, 176.—
See also : Cancelling transport contracts, contract of transport, mode
of payment, repatriation, tickets.
Council of Social Affairs and Emigration. See : Consejo de Acción social y Emigración (Spain).
Council of the People’s Commissaries
(R.S.F.S.B.). I. 84.
Councils. See under the names of the
various councils.—See also : Agencies, associations, bureaux, commissariats, commissions, committees,
departments, directorates, institutes, ministries, offices, organisations, organs, sections, services,
societies, unions.
Courts. II. 381 et seq. ; III. 83,
101-106, 167, 230.—See also : Arbitration, conciliation, labour jurisdiction, procedure.
Craigielinn Boys’ Training Farm
(Great Britain). I. 190.
Crèches. II. 388; III. 165.
Credit institutions. I. See : Banks,
official departments ; II. See : Banking operations, colonial institutions, land settlement.
Crime. See : Convicted persons, morals, penalties, police, procedure,
proceedings.
Criminal record. See : Judicial record.
Cruz Azul (Mexico). 1.134.
Curator for Native Labour. I. 124,
162, 173, 181, 252, 256, 304, 346;
II. 228, 335, 388; III. 159.
Curators. See : Curator for Native
Labour.-—See also : Agents, commissioners, high commissioners, inspectors, officers, officials, protectors.
Curatorship. III. 95-96, 124.
Danish Young Women’s Christian
Association. See : Kristelig Forening for Unge Kvinder i Danmark.
Danube. III. 58, 199.
Decease. I. 229, 232-236, 311-313,
316; II. 163, 216, 282, 297, 300,
332-335, 359, 369, 423; III. 110112, 116, 124, 157, 1.59, 165, 17,5176, 197, 201, 207, 218.—See also :
Accident insurance, burial, examination upon arrival, registration.
Definition of a Coivoention. III. 1-8.
Definition of a Treaty. III. 1-8.
Definition of an emigrant, immigrant.
i. 7-22, 395; II. 7-20. 120, 122, 127;
III. 14, 23-25, 54, 55.
Definition of various terms used. I.
7-31; II. 7-23; III. 1-8.
Delay of emigrant’s departure. I. 238245, 399.
Delegados de migración (Mexico).
I. 179; II. 165.—See also : Emigration officers, immigration officers.
Department for Immigration and Asiatic Affairs (South Africa). II. 168.
Department of Immigration and Colonisation (Canada). II. 177. 253,
260, 317.
Department of Immigration, Labour ■
and Statistics (Hawaii). II. 171.
Department of Lands and Colonies
(Paraguay). II. 91, 117, 166, 179,
212, 267, 349, 371, 388.
Departments. See under the names of
the various departments.—See also :
Agencies, associations, bureaux,
commissariats, commissions, committees, councils, directorates, institutes, institutions, ministries, offices,
SUBJECT INDEX
organisations, organs, sections, services, societies, unions.
Departments in charge of statistics.
I. 23-25.
Departure. I. 259-m ; II. 337-339;
III. 46-47.—See also : Contract of
employment, embarkation, examination, upon departure, ports, ships.
Departure certificate (Indo-China).
II. 338.
Deportation (Expulsion). I. 318; II.
60, 127, 155, 157, 162, 164-165,
168-170, 198, 311-328; 405, 408409; III. 38,43, 60, 67-71, 88, 237.—
See also : Clandestine emigration,
immigration, rejection, repatriation,
restrictions.
Deposits, licences and fees. See : Security (transport undertakings), taxes.
Desertion. I. 94,106, 329; II. 43,141,
144, 200; III. 112.—See also:
Clandestine emigration, immigration, military service, seamen.
Desertion of family. I. Í6-49. 329;
II. 317; III. 76, 109.—See also :
Maintenance obligations, families.
Detention. II. 277-283, 303-311, 313328.
Deutsche Arbeiterzentrale. See : Arbeiterzentrale.
Deutsche Feldarbeiterzentralstelle. II.
161.
Deutscher Caritas Verband. See : Caritas Verband.
Deutsches Nationalverband der Katholischen Mädchenschutzvereine. I.
132.
Deutsches Auslandsinstitut (Germany).
I. 132.
Dictation and reading tests. II. 4749, 51, 55, 61-63, 123, 132, 258-259,
261, 263, 271, 315, 391, 425; III.
35.
Diplomatic agents. I. 108-129, 338,
339-3U, 344-347. 363. 400; II. 1119, 31, 50, 53, 57-58, 106, 124, 127128, 257-259, 287, 291, 397; III. 44,
73, 82, 93, 134, 167.—See also :
Consuls.
Dirección general de Acción social y
Emigración (Spain). I. 126.—See
also : Dirección general de emigración.
Dirección general de emigración
(Spain). I. 24, 73, 78, 126-128,
196, 203, 214, 223, 257, 262, 267,
329
277, 293, 305-306, 312-313, 317, 344,
347, 349, 357; III. 9.
Directorate-General for Italians Abroad.
I. 118, 196, 342.
Directorate- General of Emigration
(Spain). See: Dirección general
de emigración.
Directorate-General of Land Settlement
(Brazil). II. 30, 152, 176, 205,
245, 259, 344, 377; III. 9.
Directorate-General of Social Affairs
arid Emigration. See : Dirección
general de Acción social y Emigración (Spain).
Directorate of Belgian Interests Abroad.
I. 111.
Directorate of Immigration, Colonisation, and the Lands of Montana
(Peru) (Ministerial). II. 167, 372.
Directorates. See under the names of
the various directorates.—See also ;
Agencies, associations, bureaux,
commissariats, commissions, committees, councils, departments, directoría, institutes, ministries, offices, organisations, organs, sections,
services, societies, unions.
Director-General of Agriculture, Industry and Social Welfare (Luxemburg). II. 197.
Director-General of Commerce, Industry and Labour (Luxemburg). II.
197.
Directoria do serviço do povoamento
(Brazil). II. 20.
Direct journey. See : Direct transport.
Direct transport. I. 316-317, 399; II.
45; III. 59-63.
Disembarkation, Landins. 1.104,222223, 322-324; II. 48-61, 1.30-136,
139-144, 165, 284-289, 295, 341351; III. 46, 52, 112, 166.—See
also : Examination upon arrival,
ports, deportation.
Disinfection. I. 263-267, 267; II.
94, 285; III. 64-66.—See also:
Hygiene, inspection, ships.
Disputes. See : Conciliation.
Distribution of immigrants. II. 374380.
Divorce. III. 92, 93, 96.
Doctors. I. 268-272. 295-306; II. 171,
252-275, 294-299. 311, 382-388,
413; III. 53-54, 137, 159, 166, 181,
201, 258.—See also ; Medical assistance.
330
SUBJECT INDEX
Documentation. III. 19, 25-28, 206,
232.—See also : Information, official departments, organisations.
Documents. I. 28-31, 39-40, 269-272;
II. 250-282, .389-411 ; III. 26, 39-41,
51, 66, 106, 173, 175-176, 252.—See
also : Identity books and cards,
passports.
Documents, Inspection [of Books and.
See : Archives.
Domestic semants. I. 133, 155, 158,
167, 179, 184, 186; II. 128, 179, 189,
197, 206, 219, 221, 229, 237, 239240, 242; III. 34, 36, 138.—See
also ; Definition of an Emigrant,
Restrictions.
Domicile. See : Registration of immigrants, residence, residence cards,
permits.
Double nationality. II. 421.
Double taxation. III. 121, 149.
Dreadnought Fund. I. 190; II. 182.
Drinking water. See : Food.
Drug addicts. See : Addition to dangerous drugs.
Drunkenness. See : Addition to dangerous drugs.
Dutch Emigration Society. See : Landverhuizing.
Earnings. See : Employment, wages.
Economic and Financial Section (League of Nations). III. 17.
Economic Committee of the League of
Nations. III. 17, 47, 80, 82, 86.
121.
Economic conditions. I. 75; II. 65-76,
121.—See also : Resources.
Education and training. I. 119. 144147, 178, 189-190, 348-349, 397.
II. 181-184, 229, 235, 841-351; III.
117-119, 141, 145, 152, 165, 175.—
See also : Apprenticeship, courses,
educational conditions, land settlement.
Effects. I. 219-220, 222, 228-229,
240, 243-244, 308-309, 313-315,
398-399; II. 245-246, 248. 341-344,
346-350; III. 51, .57, 73-77, 158,
165.—See also : Insurances of travelling risks, ships.
El Emigrante español. I. 136.
Embarkation. I. 193, 227-237, 260262, 316-317; II. 250-255; III. 49,
50, 62, 167.—See also : Clandestine
emigration, immigration; examination on departure, lists, ports,
seamen.
Emergency Fund (Belgium). II. 151.
Emigrant. See : Definition.
Emigrant carriers. I. 195, 200, 210,
253.
Emigrant runners. See : Runners.
Emigrant ships (Definition of). I. 16,
281-294; III. 54.
Emigrants^ Information Office ( Great
Britain). I. 114.
Emigrants' Protection and Information
Offices (Italy). I. 345.
Emigration advisers. I. 396; III. 133.
Emigration agencies, agents. I. 22,
208, 345.—See also : Emigrant carriers, passage-brokers, placing, recruiting agents, recruitment, runners, staff of transport undertakings,
transport agents, taxes.
Emigration agents and similar ofißcials.
I. 344-347, 400; III. 139, 145, 152.
—See also : Emigration officials,
High Commissioners.
Emigration and Immigration, International Conferences on (Rome,
Havana). I. 14; III. 12-16, 24, 27,
186, 201.
Emigration and Immigration Institutions. See : Associations, officinl
departments.
Emigration and Immigration Section,
Ministry of Social Affairs {Kingdom
of the Serbs, Croats and Slovenes).
il. 168.
Emigration Budget. I. 73-74, 109129, 397.—See also : Emigration
funds.
Emigration Bureau (China). I. 83,
111, 155, 164, 170, 174, 196.
Emigration Bureau (Finland). 1.113.
Emigration Bureau (Greece). I. 116,
196.
Emigration Commissioners (Hungary ).
I." 24, 116-117.
Emigration Committee (Germany).
See : Auswanderungsbeirat.
Emigration Committee of Inspection
(Belgium). 1.204,255.
Emigration Committee (Rumania).
See : Migration Committee.
Emigration Council (Hungary). I.
117.
SUBJECT INDEX
Emigration Council (Poland). I. 396.
Emigration Department (Hungary).
I. 24, 141.
Emigration Department (Kingdom of
the Serbs, Croats and Slovenes). I.
125.
Emigration Department (Malta). I.
16,84,115,271.
Emigration Fund (Hungary). I. 117,
332.
Emigration Fund (Italy). I. 119.
Emigration Fund (Rumania). 1.124125.
Emigration Funds. I. Í09-139, 311312, 330, 332, 3.35-336, 402-403;
III. 131.—See also : Assisted emigration, emigration budget, exit
taxes.
Emigration Inspectorate (Hungary).
1.24.
Emigration inspectors, I. 21, 55, 127,
342, 344-345. 396; III. 53-,55, 165166.—See also : Official departments.
Emigration Office for the Supervision
of Temporary Emigration to Europe (San Marino). I. 120.
Emigration Office ( Greece). See : Emigration Bureau.
Emigration Office (Hong Kong). I.
186.
Emigration Office (Hungary). I. 24.
— See also ; Emigration Commissioners (Hungary).
Emigration Office (Media). See : Emigration Department.
Emigration Office (Poland). I. 122,
143, 1.54. 180, 186, 273, 395-401;
III. 145, 164-166.
Emigration Offices (Italy). See : Uffici di emigrazione.
Emigration officers. Austria : I. 228 ;
Belgium : I. 210, 253-255, 263-264
(See also : Government Emigration
Office) ; China : I. 341 ; Czechoslovakia : I. 298, 344-345; Federated
Malay States : II. 210; France : I.
113, 228, 241, 288; Hungary: I.
24, 116-117; India ; 1.117, 159, 168,
170-171. 178, 190, 264-265, 271,
321, 326; II. 209; Italy : I. 59, 118119, 141, 196, 255, 261. 265, 271,
290, 301, 333, .342, 345; Mexico:
I. 180 ; Poland (Port of Danzig) ;
j I. 346; Portugal (Colonies) : I. 3Õ4;
Spain : I. 126, 257, 293; Switzer-
331
land : I. 128; Syria and Lebanon :
I. 209, 219, 255.—See also : Emigration officials, High Commissioners.
Emigration officials. I. 252-257, 294à06, 344-347, 396; HI. 76, 190-192.
—See also : Diplomatic agents, commissioners, consuls and consular
agents, curators, inspectors, official departments, protectors.
Emigration tax. I. 36, 37.
Emigrente Society (Denmark). I. 132.
Empire colonisatioji. See : Empire
Settlement Act.
Empire Settlement Act. I. 132-133,
189; II. 181, 239, 355; III. 238.
Employed persons, salaried employees.
I. 173-182, 184-185; II. 78-87, 189,
190-195,197;,III. 83, 86,88,138,177183, 198-199, 218.^See also : Definition of an emigrant, immigrant.
Emvloyers. I. 173-192. 324-328; II.
1*86-200, 330-335, STs' 384-388, 391,
393, 395-398, 400-402, 405, 407-409 ;
III. 52, 67, 71, 108-109, 128-169. —
See also : Contract of employment,
recruitment.
Employment. II. 185-Wl.—See also :
Employment exchanges ; finding
employment; permission to take
up employment; occupation, profession, or trade.
Employment Exchange, Prague (Czechoslovakia). III. 137.
Employment exchanges. I. 58. 60,
102, 130, 138-144, 152-154, 184-187.
354-357; II. 84, 113, 149. 1.51, 153155, 158, 160-161, 176, 193-197,
199-200, 204, 218-219, 230-234,
238, 241-242, 380, 412; III. 28,
128, 130, 135-137, 143, 145, 147151, 164-166, 234-235.
Employment offices. See : Employment exchanges.
Employment permits. II. 169, 186200, 229, 407; HI. 43, 152-153.—
See also : Contracts of employment,
work books, work cards.
Engaged immigrants (French Colonies).
II. 14.
Entry. II. 286-291.—See also : Examination on arrival, hygiene, ports
and places of entry, procedure.
Entry and exit taxes. I. 278-279 ; III.
59, 150.—See also : Head tax,
immigration taxes.
332
SUBJECT INDEX
Entry visa. II. 27.
Epidemics. I. 77; II. 120, 247, 284285, 294; III. 38, 64.—See also:
Disinfection, hygiene, sickness.
Escort, guides, special staffs. I. 272273; 295-306; II. 89-92, 205. 208,
211-213, 294-300; III. 53, 54, 146.
—See also : Emigration officials.
Establishment. II. 169, 312. 341-351,
389-411; III. 30, 39, 43-44 79-89,
127, 133, 138, 164, 239.—See also :
Land settlement, mandates, residence.
Eugenics. III. 15-16.
Examination of occupational, professional, or trade qualifications. II.
76, 250-2.54; III. 46, 132, 143-146.—
See also : Certificate, recruitment.
Examination on arrival. II. 130, 132,
136, 143, 255-277, 282; III. 46.—
See also : Refusal of permission to
enter, rejection.
Examination on departure. I. 233235, 267-272, 399; II. 94-104, 109,
117, 250-255; III. 10, 38, i6, 64-66,
164.—See also : Refusal of permission to depart.
Examining Committee (Argentina).
See : Junta de visita.
Excavation and archaeological research.
III. 246.
Exchange. See : Banking operations.
Exchange of populations. III. 250,
255-257.
Exit taxes. See : Entry and exit
taxes.
Export of capital. I. 75, 347.
Expulsion. See : Deportation.
Extradition. I. 318, 329-330; II. 4041, 305; III. 234-235.
Extraterritoriality. III. 98, 101.
Failure or delay in the execution of
transport contract. I. 238-2Í5.
Families. I. 46, 133, 179-182, 236,
308, 310-313; II. 31-32, 45, 57,
60-75, 122, 212, 257, 290-291.
312-313, 317-318. 323, 326, 335337, 341-348, 374-379, 383; III.
32, 34, 108-116, 126, 129-130, 133,
136, 138-146, 149, 163-168, 174176, 185.—See also : Assisted emigration and immigration, collective
passports, colonisation, definition,
desertion of family, repatriation.
Father. See : Children, families, paternal permission.
Federal Development and Migration
Commission (Australia). II. 150.
Federal Emigration Bureau. See :
Reichsstelle für das Auswanderungswesen.
Federal Emigration Office (Switzerland). 1. 22, 128, 144, 163, 347,
357, 367.
Federal Government Central Police
Office for Aliens (Switzerland). II.
86, 118, 169.
Federal Institute for Employment Exchanges and Unemployment Insurance (Germany). See : Reichsanstalt für Arbeitsvermittlung und
Arbeitslosenversicherung.
Federal Migration Office ( Germany).
See : Reichswanderungsamt.
Fellowship of the British Empire
Exhibition. I. 190.
Finding employment. See : Placing.
Fines. I. 158, 209; II. 87, 133-134,
197, 245-246, 274, 304-305, 309.—
See also : Penalties.
Fingerprints. I. 80, 84: II. 52, 60,
110, 111. 114, 144, 262, 392, 394,
404, 405, 407, 409; III. 38.—See
also : Judicial record.
Fiscal rights. See : Taxes.
Fishing. See : Hunting.
Food. I. 155-161, 228-232, 237, 239244, 294-307, 309, 398-399; II. 204,
246, 382-383, 385, 387; III. 65, 69,
72, 144, 165, 167, 172-175, 244.—
See also : Accommodation, contract
• of employment, contract of transport, ships.
Forced labour. III. 229-237, 244, 248.
Force majeure. I. 232-236.
Foreign Labour Service, Ministry of
Labour (France). II. 81, 125, 157158, 178, 206-207, 220, 233, 274;
111. 132, 177.
Foremen. III. 130-131, 147, 150.—
See also : Collective recruiting.
Freedom of emigration and immigration. I. 1-6; II. 1-6; III. 29-38,
255-257.
Freedom of travel. II. 422; III. 29
et seq., 37, 39, 44, 86-87, 143, 257260.—See also : Mandates.
Free journey. I. 73-75, 188-192, 308k
330-334, 340-343; II. .335-337; HI,
SUBJECT INDEX
67, 71-73, 131, 173.^See also :
Assisted emigration, assisted immigration, eontraet of employment.
Frontier cards. II. 427; III. 257260.
Frontier depots, stations. See : Frontier inspection.
Frontier inspection, supermsion. I.
260-267; II. 158, 165, 167, 206, 220,
286-289 ; III. 39.—See also : Frontier
workers, frontiers, traffic.
Frontiers. I. 259-262, 350-357; II.
119-130, 168-169, 271, 272-276, 286289, 426-429; IÍI. 42, 62, 133-154,
182.—See also : Frontier inspection,
supervision ; frontier traffic, frontier
workers.
Frontier traffic. I. 94-95, 852-353;
II. 426-429; III. 137, 257-260.—
See also : Frontiers, frontier workers.
Frontier workers. I. 352 ; II. 426429; III. 42, 74, 132, 134, 201, 223,
257-260.—See also : Frontiers, frontier traffic.
Funerals. See : Burial, decease.
Gafsa Mining Company (French Colonies). III. 168.
General Directorate of Land Settlement
and Immigration (Chile). II. 155.
General Directorate of Lands, Mines,
Settlement, and Immigration (Bahia). II. 153, 176.
General Directorate of Settlement (Turkey). II. 170.
General Emigration Department (Italy).
I. 18. 23, 118-119, 134, 141, 146,
160, 178, 183, 185, 196, 206, 212,
217, 261, 265, 301-302, 308, 327,
333, 342, 345, 348, 354; III. 135,
163, 168.
General Emigration Department (Portugal). I. 87-88, 92, 99, 123, 136,
143, 161, 192, 196, 201, 213, 220,
226, 254, 256, 272, 277, 303, 343,
349, 357.
General Emigration Department (Kingdom of the Serbs, Croats and Slovenes). I. 125, 143, 202, 272.
General Immigration and Land Settlement Office (Paraguay). II. 166
179, 212, 248, 309.
General Immigration Department.
See : General Immigration Office
(Argentina).
333
General Immigration Office (Arsentina). II. 89, 110, 131, 141. 149150, 175. 230, 252, 258, 273. 278,
294, 427.
General Immigration Society (French
Employers). See : Société générale
d’immigration (France).
General Inspectorate for Lands and
Land Settlement (Chile). II. 155.
General Inspectorate of Land Settlement and Immigration (Chile). II.
155.
General Office of Lands and Colonies
(Argentina). II. 149, 354, 355.
Gentlemen’s Agreement. II. 49, 51 ;
III. 35-36.
German Central Office for Workers.
See : A,rbeiterzentrale, Deutsche.
German Central Office of Agricultural
Workers. See : Deutsche Feldarbeiterzentralstelle .
German Foreign Institute. See : Deutsches Auslandsinstitut (Germany).
Government Emigration Office (Belgium). See : Commissariat (du
gouvernement) pour l’Emigration
(Belgium).
Grants of land. II. 146-150. 152-157,
168, 341-351, 351-374; III. 166.See also : Advantages granted to
immigrants, land settlement.
Grenzlauferkarte (Germany). See :
Frontier cards.
Guardians. See : Children, minority,
paternal permission.
Guardianship. I. 49-52; III. 91,
93-95, 124.—See also : Children,
minors, legal minority.
Gzady. III. 130, 147.—See also :
Foremen, labour treaty.
Head taxes. II. 65-75 ; Indochina :
400 ; Newfoundland : 57 ; United
States : 276, 291, 311.—See also :
Entry and exit taxes, registration.
Health. I. 63-65; II. 51, 57-58,
92-104, 251-257, 259-262, 264-272,
274-275, 281-286; III. 164-165, 171.
—See also : doctors, hygiene, medical
assistance, medical certificate, medical examination, sickness.
Heide Macdschappij (Netherlands).
I. 147.
Heimatlose. See : Nationality, lack
of.
334
SUBJECT INDEX
High Commissariat for Refugees (League of Nations). III. 18.
High Commissioner for New Zealand
in London. II. 179, 242, 254.
High Commissioner for South Africa
in London. II. 75, 268.
High Commissioner for Southern Rhodesia in London. II. 179.
High Commissioner of the League of
Nations for the Protection of Refugees. III. 44, 96, 249-254.
High Commissioner (Palestine). II.
30, 33. 65, 94, 108-109, 123, 148,
290, 312-313.
High Commissioner (Syria and Lebanon). 1.110,196,204,209,218.
Higher Council for Child Protection
(Spain). I. 55.
“Holland” Emigration Society. 1.135,
142, 185, 191.
“■Home in Sweden” Society. See :
SäUskapet Hem i Sverige.
Hop-pickers. III. 148.
Hospital treatment. See : Accommodation, food, hostels, hygiene, infirmaries, maintenance, medical assistance, ships.
Hostels and shelters. I. 248, 263-267.
337, 361; II. 89. 175-176, 179, 201,
213, 231. 234, 258, 260, 274, 341-351,
355, 360, 376 ; III. 166.—See also :
Official departments, private associations and societies.
Hunting and fishing. 1.19; 11.413;
III. 141, 180.
Husband, wife. I. 36, 55-61, 312-313,
328; II. 68, 72, 89-91, 102, 104, 110,
115. 290, 359. 362, 399. 416-421;
III. 35-37, 91-92, 95-96, 110, 216,
220, 243, 256.—See also : Definition of an emigrant, immigrant;
families, marital permission, passports, women.
Hygiene. I. 263-267; II. 283-286;
III. 13, 15, 140, 173.—See also :
Accommodation, doctors, epidemics, hospitals, treatment, infirmaries, maintenance, medical assistance, ships, sickness.
Identity books and cards. I. 21, 29-30,
43, 79-80, 86-87, 89. 96, 176, 210,
213, 354; II. 9, 40, 56, 83, 108-117,
140, 164-165, 193, 262, 266, 319,
346, 395-401, 427; III. 41, 121,
134-1,35, 159, 257, 259.—See also :
Cartera, legitimation card, passports, registration, tarjeta.
Identity card of a frontier worker. III.
259.
Identity certificates. III. 44-45, 69,
252-253.
Illegal emigrants, immigrants. See :
Clandestine emigration, immigration.
Illiterate persons. See : Education,
dictation and reading tests.
Immigrant, Definition of. See : Definition of an emigrant, immigrant.
Immigrant. See : Definition of an
emigrant, immigrant.
Immigrants' Sickness and Accident
Fund (Australia). II. 382.
Immigrants under contract. See : Contract labourers.—See also : Occupation, profession or trade ; resources; repatriation as a result of labour contracts.
Immigration agents. II. 201-213, 226227, 245.—See also : Emigration
agents.
Immigration and Agricultural Committee, Honduras. II. 164.
Immigration budget. II. 147-171, 240.
—See also : Immigration funds.
Immigration Commissariat (Rio de
Janeiro, Brazil). II. 152, 176, 259.
Immigration Commission (Cuba). II.
37, 53, 90, 262.
Immigration Committee ( Guatemala ).
See : Junta de immigración.
Immigration Department (New Zealarid). II. 179.
Immigration Funds. II. 147-164, 208,
211, 349.—See also : Assisted immigration, immigration budget, settlement fund (Venezuela).
Immigration inspectorates (Brazil).
II. 1.52.
Immigration inspectors. I. 268, 368;
III. 46, 53.—See also : Official
departments. Supervisor of Juvenile Immigration (Canada).
Immigration, Land Settlement, and
Labour Section, Department of Agriculture, Commerce and Labour (Cuba). See : Immigration, Settlement, and Labour Office.
Immigration Ofifice (Argentina). II.
230.
SUBJECT INDEX
Immigration Office (Bolivia). II. 151,
176, 205, 231, 392.
Immigration Office ( Uruguay). II. 61,
234.
Immigration officers. Argentina : II.
204; Belgium : II. 132; Canada : II.
1.54-155; Cuba: I. 362; French
Establishments in Oceania : II. 208 ;
French West Africa : II. 336 ;
Great Britain : I. 363 ; II. 38 ; Italy :
I. 365; Madagascar: II. 331;
Mexico : II. 165; Serbs, Croats and
Slovenes, Kingdom of the : II. 168;
United States : II. 32, 170-171,
268-272, 282-283, 337; III. 10.—
See also ; Immigration officials.
Immigration officials. I. 278, 301,
368; II. 177, 179, 245, 273-283,
303-311, 326.—See also : Commissioners, consuls, curators, examination on arrival, inspectors, official
departments, protectors.
Immigration Section, Department of
Foreign Affairs (Panama). 11.166.
Immigration Service (French Establishments in Oceania). II. 133.
Immigration Service ( Great Britain).
II. 38.
Immigration Service ( Indo-CMna).
II. 143.
Immigration Service (Madagascar).
II. 133.
Immigration Service (Palestine). II.
30, 108, 203.
Immigration Service (Uruguay). II.
180.
Immigration Services (Dutch Indies).
II. 115.
Immigration, Settlement, and labour
Office (Cuba). II. 156, 365.
Immigration taxes. II. 65-75, 114115", 165, 256, 276, 289-291, 311.
Imperial Conferences. III. 36-37, 241.
Inadmissible immigrants. I. 75; II.
45, 130, 277-283, 302-311, 314-315;
319, 321, 327.—See also : Examination on landing, restrictions.
Indebted immigrants. II. 15, 61, 241,
264.
Indian migrants. III. 36-37.
Indigent persons. See : Paupers.
Indirect emigration. I. 27, 68, 77,
361 ; III. 38, 57.
Indirect immigration. II. 45, 130131.—See also : Indirect emigration.
335
Industrial companies, industries. III.
128, 136, 153.
Infirmaries and sick-wards. I. 272273, 282-285, 326, 328, 343; II. 103,
148, 260, 270, 295, 299-300, 384-387;
III. 108-111, 259.—See also : Hygiene, ships.
Infirm persons. See : Sickness insurance, old age.
Information. I. 13T-1U, 245-248.
340, 344-348, 396; II. lU-180. 232,
245-248, 341-351, 359, 376-380;
III. 12, 24, 25-28, 167.—See also :
Documentation, official departments, placing, private associations,
propaganda, societies.
Information and Propaganda Office
(Colombia). II. 155.
Information for emigrants. See : Education, information.
Information Office for Emigrants (Austria). See : Oesterreiehische Auskunftsstelle für Auswanderer.
“Informations de statistiques sociale
(Les)” (Switzerland). I. 144.
Inheritance. III. 92-93, 124, 212,
218.
Insane persons. I. 64; II. 93-104,
321; III. 72, 95, 107-108. 110-111,
114, 116-117, 140.
Inspection (in ports). I. 127, 295,
305.
Inspection (labour). III. 187-188.—
See also : Inspectors (labour).
Inspection of migrants. I. 296 ; III.
53-55, 236.—See also : Inspectors.
Inspection of records. See : Archives,
books and documents.
Inspection of ships. I. 281-291, 295,
297-306, 316; II. 293-300; III.
65-66, 230-233.—See also : Inspectors (ports, ships), ships.
Inspectorate of Immigration and Settlement (Bahia). II. 154.
Inspectors. See : Agents, commissioners, curators, high commissioners,
officers, officials, protectors.
Inspectors (labour). II. 381-388;
III. 136, 146, 187-191, 245.
Inspectors (ports, ships). I. 265, 271272, 276-278, 296-306; II. 232-233,
257-272, 278, 280, 295-300, 304,
310-311; III. 53.
Inspectors (recruitment). 1.159,168171.
3.36
SUBJECT INDEX
Institute far Intellectual Co-operation.
III. 19.
Institute for the Study of Emigration
and Settlement. See : Instytut Naukowy do badan Emigracji i Kolonizacji (Poland).
Institute of Economic Research on
Emigration and Colonisation (Czechoslovakia ). 1. 131.
Institute of Pacific Relations. III.
21.
Institutes. See under the names of
the various institutes.—See also :
Agencies, associations, bureaux,
commissariats, commissions, committees, councils, departments, directorates, ministries, offices, organisations, organs, sections, services,
societies, unions.
Instytut Naukowy do badan Emigracji
i Kolonizacji (Poland). I. 136.
Interdepartmental Committee (Belgium). II. 151.
Interdepartmental Committee for Emigration and Colonisation ( Czechoslovakia). I. 112.
International Association for Social
Progress. III. 21.
International Chamber of Commerce.
III. 21.
International Financial Commission.
III. 251.
International Committee on Intellectual
Co-operation of the League of Nations. III. 19.
International Committee on the Navigation of the Congo. III. 231.
International Emigration Commission.
III. 12, 18, 26, 235-236.
International Conference of Private
Organisations for the Protection of
Migrants. I. 131.
International Conference on Emigration and Immigration (Rome, Havana). III. 12-14, 19, 24-25. 27,
186, 201.
International Congress on Thrift, 1924.
III. 21.
International Council of Women. III.
22.
International Employment Association
(Spain). See : Bolsa del Trabajo
internacional.
International Federation of League of
Nations Unions. III. 21.
International Federation of Trade
Unions. III. 21.
International Institute of Agriculture.
III. 14-15, 19, 27.
International Labour Conference. III.
4, 17-18, 24-28, 204-205, 241.
International Labour Office. III. 1218, 24-28, 205, 241-242.—See also :
International Labour Conference,
International Labour Organisation,
traffic in women and children.
International Labour Office, Basle.
III. 16, 21.
International Labour Organisation.
III. 1, 3-4, 12. 16-17. 24, 205,
241.
International Maritime Committee.
III. 21, 55.
International Migration Service. III.
21.
International Office for Suppression of
the Traffic in Women and Children.
III. 233.
International Parliamentary Commercial Conference. III. 20.
International Public Health Office
(Paris). III. 19.
International Railway Union (Berne).
III. 3, 19, 51.
International Shipping Conference.
III. 21-22.
International Trade Union Conference.
III. 21.
International trains. III. 39.
Inter-Parliamentary Union. III. 20.
Interpreters. I. 296-298, 302, 304,
400; II. 178, 344; III. 53-54, 190.—
See also : Ships.
Interruption of or failure to complete
the journey. I. 238-245, 399; II. 45.
Italian Labour Office (Ufficio del
Lavoro per gli Italiani) (United
States). I. 134.
Italica Gens. I. 134.
Jakoleselv, III. 60.
Japanese immigrants. III. 35-36.
Jewish Colonisation Association. III.
22,
Journey. See : Definition of an emigrant.
'
Judicial record. I. 40-42, 161 ; II.
32-44, 86, 110-119, 254, 367, 410,
416; III. 39.
SUBJECT INDEX
Junta central de emigración (Spain).
I. 73, 78, 127, 264, 311-312.
Junta de immigración ( Guatemala).
II. 164, 211.
Junta de visita (Argentina). II. 245.
Juntas consulares (Spain). I. 127,
136, 343, 347, 349, 402.
Kaigai lonin Kiokai (Japan). 1.147.
Kammer für Arbeiter und Angestellte
in Wien (Austria). I. 131, 139.
Kanganies. II. 209-210.
Keep. I. 216-220, 263-267, 320-335;
II. 65-76, 303-310, 330-334, 359,
363; III. 108-112, 131, 144, 182.—
See also : Assisted emigration, cancelling transport contracts, food,
maintenance obligations, seamen,
transit.
Kristelig Forening for Unge Kvinder i
Danmark. I. 132.
Labour. See : Labour market.
Labour and Socialist International.
III. 21.
Labourer's return certificate (United
States). II. 271.
Labour exchanges. See : Employment exchanges.
Labour councils, courts, tribunals.
II. 423; III. 90, 149-150, 174, 192193, 205.—See also : Arbitration,
conciliation, procedure.
Labour legislation. See : Protection
of workers.
Labour market. I. 78, 137-144; II.
13, 124, 127-128, 137, 151, 171,
179, 189-200, 203, 206, 389; III.
26-27, 43, 68, 70, 132-133, 138-139,
143-144, 154, 188.—See also : Occupation, profession, trade ; placing.
Labour Office of Bratislava (Austria).
III. 195.
Labour Office, Federal (Switzerland).
III. 154, 225.
Labour permit. II. 113, 191-200, 305,
319, 409; III. 42-43.—See also:
Contract of employment, work
books, work cards.
Land Department (Australia). II.
150.
Landesämter (Germany). I. 24.
Landesarbeitsämter (Germany). II.
14, 161.
337
Landing cards, permits. II. 108, 110111, 115-116, 126, 252, 266, 405.—
See also : Examination on arrival.
Landing tax. II. 57-58, 65-75, 121.
Landoekonomist Rejsbureau (Denmark). III. 182.
Land settlement. I 145-147, Í82-483,
191, 351-374; II. 160, 164, 166, 168,
171, 173, 201, 213, 238-239, 309,
344-345, 351-374; III. 9, 14, 19, 77,
162-166.—See also ; Advantages
granted to immigrants, colonial
institutes, education, establishment,
grants of land, mandates, official
departments.
Land Settlement Branch of the Department of Immigration and Colonisation (Canada). II. 177.
Land Settlement Service (Bio de Janeiro). II. 124, 154.
Landverhuizing Vereeniging (Netherlands). I. 134, 142, 185, 191.
Languages. II. 48-49, 54-55, 62-63,
137, 173, 268, 341; III. 136, 146,
152, 174, 183, 190.—See also;
Dictation and reading tests.
La Patria (Italy). I. 134.
League for the Prevention of the Traffic
in Women. I. 263.
League of Hungarians Abroad. 1.134.
League of Nations. III. 1, 3, 8,13-19,
27, 40, 44-45, 47, 96, 103-104, 121122, 252.—See also : Mandates,
refugees, slavery, traffic in women
and children.
League of Nations Committee on the
Traffic in Women and Children.
See : Advisory Committee.
Legal assistance. I. 344, 348 ; II. 346,
382-388; III. 17, 96, iOS-106, 208209.
Legal incapacity. III. 93-95, H3-H7,
124.—See also : Insane persons,
minors.
Legal minority. I. 49-55.—See also :
Minority.
Legal procedure : competent authorities.
I. 254-257.—See also : Procedure.
Legal proceedings. Persons liable to.
I. 40-42, 329-330; II. 32-44, 60, 121,
312-328 ; III. 100, 256.—See also :
Anarchists, criminals, judicial record, rejection.
Legal status. III. 13-15, 21, 66-67,
78-Í24.
22
338
SUBJECT INDEX
Legitimation card. II. 108, 118; III.
259.—See also : Identity books
and cards.
Legitimierung (Germany). II. 161.
Lemieux Agreement (Canada-Japan).
III. 35.
Licence. See : Recruiting, security,
taxes.
Limitation of emigration. See : Restrictions.
Lists of emigrants. I. 252-254, 274278; III. 51.
Lists of immigrants. II. 21, 136,
255-277, 297.
Literacy tests. I. 72; II. 48-49, 51, 55,
61-63, 121.—See also : Dictation
and reading tests.
Lithuanian State Labour Inspectorate.
111. 148.
Litigation. See : Arbitration, conciliation, courts, legal procedure, penalties, procedure.
Luggage. See : Effects, insurance.
372.—See also : Continental emigration, medical examination, passports, sickness.
Medical examination. I. 265, 267272, 319-321 ; II. 92-104, 168, 251255, 274-275, 284-286; III. 46, 6467, 131-132, 145, 147, 150, 164,
166-167.—See also : Doctors, epidemics, medical assistance, medical
certificate.
Memorial Settlers^ Association, 1820
(Great Britain). I. 134. 190; II.
184, 243.
Migrant. III. 22-25, 52-55.—See also :
Definitions.
Migrants' goods. III. 73-77.—See
also : Effects.
Migration and Settlement Department
(Australia). II. 176.
Migration Committee (Rumania). I.
125, 196; II. 129, 167.
Migration Office (Australia). II. 151.
Migration Offioe (Austria). See :
Wanderungsamt.
Migration Office (Mexico). I. 365.
Maintenance. See : Assisted emigra- Migration Service, International Lation, cancelling transport contracts,
bour Office. III. 18, 26.
food, keep, maintenance obligations, Military obligations and service. I.
seamen, transit.
42-45, 84-86, 89, 92-93, 330, 334Maintenance obligations. I. 46-49,
335; II. 348, 350-351, 391, 418;
255-258, 329; II. 64-76, 215-230,
III. 32, 88,100,122-123,131,171.
383; III. 76, 109, 112, 114, 182.— Ministries. See under the names of
See also ; Children, desertion of
the various ministries.—See also :
family, food, keep.
Agencies, associations, bureaux,
Mandates. III. 81, 102, 232, 239,
commissariats, commissions, com245-248, 255.
mittees, councils, departments, diMarital permission. I. 40, 55-61, 91rectorates, institutes, institutions,
93; II. 89.—See also : Wives.
offices, organisations, organs, sections, services, societies, unions.
Marriage. I. 20, 51, 55-61, 174; II.
190, 192, 221, 318, 325, 359, 370, Ministry of Agriculture and Á>restry
377-378, 391, 394, 403, 409, 416(Austria). .III. 130.
421 ; III. 91-93, 95-96, 100, 104, 110,
Ministry
of Immigration
and Land
243.
—See
also : Registration.
Settlement (Ecuador). II. 157, 366.
Maternity insurance and benefit. II.
Minorities. III. 255.
386; III. 188, 227.
Minority. I. 49-55; II. 88-92; III.
Matto Grosso (Brazil). III. 82.
91.—See also : Age, children, famiMedical assistance. I. 104-106, 266,
lies, minors.
272-273, 296-307, 309-310, 315, 398;
II. 165, 260, 265-266, 270, 294-300, Minors. I. 49-26, 91-93, 166, 187,
311-312, 334, 396, 402; II. 88-92,
340-350, 363, 382-388; III. 107111, 221, 290-291, 331, 345-346,
112, 140-141, 152, 165-166, 175,
391-393; III. 35-36,
91, 93-95,of em244.
—See
also 68,
: Contracts
108, 113-116, 118-119, 124, 151,
ployment, doctors.
167, 233-237.—See also : Age, chilMedical certificate. I. 36. 53, 62-65,
dren, families, minority.
88, 90, 234-235, 271-272; II. 242,
252-272, 279, 284-286, 328, 367, Mission, French Labour. III. 145.
SUBJECT INDEX
Missions, Religious and charitable.
III. 247.—See also : Priests and
ecclesiastical functionaries.
Missions, Scientific. III. 242.
Mitteilungen der Wiener Arbeiterkammer über Aus- und Einwanderung.
I. 131.
Model labour contraéis. III. 169-177.
Mode of payment for transport. I.
221-222.
Montefiore Assoeiation (Netherlands).
I. 142.
Monthly Record of Migration (International Labour Office). III. 27.
Morals. I. 40-42. 55-62; II. 33-44,
241. 295, 311-328, 416; III. 30, 36,
38-39, 68, 112, 134, 146, 149, 151.
173, 233-237, 259.—See also : Convicted persons, judicial record,
police, prostitutes.
Morals and behaviour. Certificates of
satisfactory. I. 40-42 ; II. 32-44,
86, 110-117, 119, 242, 404, 410,
416; III. 134, 164, 259.—See also :
Identity books and cards, judicial
record, morals.
Nachrichtenblatt der Reichsstelle für
das Auswanderungswesen. I. 140.
Nansen Certificate. 111.44,252-253.—
See also : Refugees.
National Agricultural Credit Fund
(France). See : Caisse nationale
de crédit agricole.
National Credit Institute, ‘A. C. L. E.”
(Italy). I. 120, Í91.
National Employment Council (France). II. 159.
. National Employment Office (France).
II. 158; III. 136, 143.
National Institute for Colonisation and
Foreign Enterprise (I. N. C. I.
L.E.") (Italy). 1.120,191.
Nationality. II. 46-61 ; III. 17, 32,
67, 97-101, 105, lio, 115, 153, 248.
—See also : Naturalisation, option.
Nationality, Lack of. II. 48, 56, 421;
III. 44-45, 93-96, 110.
Nationality, Loss of. I. 13.—See also :
Nationality, lack of, renunciation of.
Nationality of ships. I. 107.
Nationality, Renunciation of. I. 32.
National Union for Emigration and
Labour. See : Consorzio nazionale
di emigrazione e lavoro (Italy).
339
Native Labour Bureau (Southern Rhodesia). III. 156-158.
Naturalisation. II. 415-422; III. 3233, 39, 97-100.
Nederlandsche Jongelingsverband. I.
142.
Nederlandsche Vereeniging “Landverhuizing”. See : Dutch Emigration
Society.
Negro slave trade. See : Slavery.
Netherlands League of Youth. See :
Nederlandsche Jongelingsverband.
Nettuno Agreement. See : Agreement
concerning workmen.
New Settlers^ League. II. 231, 343,
376-377.
New Zealand Sheep Owners' Acknowledgment of Debt to British Seamen
Fund. II. 184.
Night work. III. 187-188.
Nominated immigrants. II. 64-65,
237, 239, 242, 376.
Nomination system, nominators. See ;
Nominated Immigrants.
Non-quota immigrants. II. 19-20, 3132, 118, 25è, 410, 428 (United
States).
Nordmannsforbundet. I. 135.
Norges Oplyaningskontor for Naringsveione (Norway). I. 135.
Norwegian Association. See ; Nordmannsforbundet .
Norwegian Information Bureau for
Industry and Commerce. See : Norges Oplyaningskontor for Naringsveione (Norway).
Nouvelle Société helvétique. I. 349.
Núcleos coloniaes (Brazil). II. 152,
345, 358-359, 363, 383.
Numerical restriction. II. 28-32, 151,
161, 186, 188, 193-194; III. 35-38,
155-156, 158, 165, 168, 182-183.—
See also : Quota immigration.
Nurses. See: Medical assistance, sickness.
Ny lord, Selskap for Landets Kolonisacfon og Emigrasjonens innakrenkning (Norway). I. 135.
Occupation, profession or trade. I,
69-70, 76, 197", 398, 402; II. 9, 29,
46, 60, 76-87, 124, 127-128, 187200, 219, 229, 411-415; III. 39, 4344, 81, 88, 127, 133-134, 140-143,
340
SUBJECT INDEX
d77-i82, 258-259.—See also : Definition, lists of emigrants, restrictions, transport, permits.
Oderberg. III. 147.
Oesterreichische Auskunftsstelle für
Auswanderer. I. 110.
Office for the Colonisation of Tripoli.
I. 120.
Office for the Protection of Emigrants
'^(Mexico). I. 121.
Office for the Suppression of the Slave
Trade (Brussels). III. 232.
Office of Labour and Immigration,
Pernambuco (Brazil). II. 154.
Office of Lands and Colonies (Argentina). 11.149,354-355.
Office of National Lands (Venezuela).
II. 180.
Office of the Algerian Government. II.
179.
Office of the Government of Tunis. II.
179.
Office of the Sheri fian Government and
of the French Protectorate in Morocco. II. 179.
Officers. II. 38.—See also : Agents,
commissioners, curators, emigration agents, high commissioners,
inspectors, officials, protectors.
Offices. See under the names of the
various offices.—See also : Agencies,
associations, bureaux, commissariats, commissions, committees,
councils, departments, directorates,
institutes, institutions, ministries,
organisations, organs, sections, services, societies, unions.
Official Departments. I. 408-129, 184187, 344-347, 39S-.396; II. 145-171,
174-180; III. 12-19, 127-128, 170.—
See also under the names of the
various departments ; and under :
Agencies, assisted emigration and
immigration, associations, bureaux,
commissariats, commissions, committees, consuls, councils, departments, diplomatic agents, directorates, education, information, institutes, institutions, ministries, offices, organisations, organs, placing,
private societies, sections, services,
societies, statistical services, unions.
Official Employment Office (Brazil).
II. 232.
Official Unemployment Insurance and
Employment Services (Netherlands).
II. 84.
Officials. See : Agents, commissioners, curators, emigration agents,
high commissioners, inspectors, officers, officials, protectors.
Old age. I. 62-63, 91-93, 396; II.
88-92, 117, 121, 128, 400; III. 108,
110, 140.—See also : Age, sickness.
Old-age insurance. II. 424; III. 77,
141, 152, 218-222.
Opera Bonomelli (Italy). See :Bonomelli Societies.
Opera Cardinal Ferrari (Italy). See :
Cardinal Ferrari Society.
Optants. III. 248-249, 254-255.—See
also : Repatriated persons.
Option. III. 98, 153, 248-249, 254255.
Organisations. See under the names
of the various organisations.—See
also : Official departments.
Organs. See : Agencies, associations,
bureaux, commissariats, commissions, committees, councils, departments, directorates, institutions,
institutes, ministries, offices, organisations, sections, services, societies, unions.
Orphans. I. 190; II. 65-66, 108, 382;
111. 109-110, 113-116, 216-217,
220.
Overseas Emigration. III. 24, 32, 56,
64-65.
Oversea Settlement Committee ( Great
Britain). I. 112-113, 132-133, 140,
145-146.
Palestine Zionist Executive. II. 30,
148, 203; III. 247.
Pan-American Conference on Eugenics
and Ilomiculture. III. 15-16.
Pan-American Health Office. III. 16.
Pan-American Union. III. 13.
Papers. See ; Documents.
Parents. See : Children, families, parents’ permission.
Parents’ permission. I. 40, 49-55,
91-93; II. 89-92, 221.—See also:
Age, children, sex.
Passage brokers. I. 205, 207, 211214, 225, 229-231, 246-247, 252254, 275, 278, 283.—See also : Emigrant carriers, staff of transport
undertakings.
Passage money. See ; Tickets.
Passages. See : Tickets.
SUBJECT INDEX
Passport fees. I. 81, 83-89; II. 106107, 115, 118; III. 40-41, 62, 157.
159.
Passports. I. 40-42. 79-89, 91, 148149, 249-254, 271, 396; II. Í05-H9,
161, 191, 194, 267-268, 303, 333334, 338-339; III. 35-36, 39-Í5,
62, 68, 131, 148, 150, 157-159.—
See also : Clandestine emigration
and immigration, continental emigration, frontier traffic, examination on arrival, official departments,
passport fees, restrictions, ' transit,
visas.
Pastoral migration. III. 259-260.
Pasvik. III. 60.
Paternal permission. I. 40, 50-55;
II. 58, 90, 221.—See also : Age,
children, sex.
Patronato Agricola (Brazil). II. 153,
246, 383; III. 166.
Patronato degli Emigranti (Italy).
I. 134.
Patronato degli Emigranti (Tunis).
I. 134.
Patronato Italiano (Buenos Aires).
I. 134.
Paupers and needy persons. I. 273;
II. 72, 101-104, 115, 121. 307-308,
312-314, 316-319, 321-325, 327,
350, 396; III. 66, 72-73, 88, 102116, 140.—See also ; Assisted emigration, immigration; charitable
assistance, resources.
Penalties. I. 56, 93-99, 161, 166,
170-173, 184, 250-252, 254-2.57,
401; II. 87, 197, 203-204, 245-248,
258, 260, 275, 281, 303-313, 315328, 338-339, 378, 384, 393, 397,
407-409; III. 172-173, 245.—See
also : Clandestine emigration and
immigration, contract of transport,
deportation, employment, judicial
record, police, propaganda, restrictions, seamen, staff, transport
agents.
Pensions. III. 73, 139, 141-142, 196197.—See also : Insurance.
People’s Commissariat of Agriculture
(R.S.F.S.R.). II. ,84-85.
Permanent Conference for the Protection
of Migrants. III. 22.
Permanent Court of International Justice (The Hague). III. 19, 99.
Permanent Emigration Committee ( Czechoslovakia ). 1. 112.
341
Permanent Emigration Committee (Italy). I. 119.
Permanent Immigration Committee
(U.S.S.R.). IÍ. 167.
Permanent Interdepartmental Immigration Committee (France). II.
159.
Permanent Migration Committee (International Labour Office). III. 18.
Permission to emigrate. I. 35-39, 88,
90-99, 249-252; III. 128-169.—See
also : Permission to immigrate, permission to enter, restrictions.
Permission to immigrate. I. 87; II.
24-28, 56-58, 82 et seq., 108, 110,
115, 117-118, H9-130.—See also :
Official departments, permission to
emigrate.
Permission to take up employment.
II. 29, 43, 82-87, 112-119, 216, 319,
394-395, 405, 409-410; III. 138,
153-154.—See also : Contract of
employment.
Permission to place in employment
abroad. I. 18Í-Í87.—See also : Recruitment.
Personal service. Exemption of.—I. 21,
92; II. 124, 193, 196.—See also:
Definition, domestic servants, restrictions.
Phosphate mines. III. 168.
Placing. I. 100-102. 152, 18Í-Í87 ;
II. 145-171, 182-184, 230-23Í, 3413.50, 383; III. 18-19, 125-168.—
See also : Continental emigration,
distribution, employment, employment exchanges, information, permission to place in employment
abroad, private associations, recruitment.
Police. I. 40-42, 268; II. 32-44, 164;
III. 31, 38-39, 57, 61, 68, 260.—See
also : Convicted persons, inspection, penalties, procedure.
Polish Emigration Association. See :
Polskie Towarzystwo Ëmigraeyjne.
Political rights. II. 422-423; III. 8791.—See also : Establishment.
Polksie Towarzystwo Emigracyjne. I.
135.
Ports. I. 227, 263-278, 316-321, 359367; II. 124, 126-128, 131-132, 135144, 155, 165, 211, 286-289, 350;
III. 31, 39, 44. 46. 48-50, 54, 57,
60-62, 65, 160, 167-168.—See also :
Consular agents, diplomatic agents.
342
SUBJECT INDEX
emigration officers, emigration
officials, examination on arrival,
examination on departure, official
departments, placing, recruitment,
seamen.
Postal cheques and orders. III. 19,
74-76.
Posting-up and publication of the
cost of transport. I. 216-218, 398399.
Posting-up of legal provisions and
regulations. I. 257-258; II. 248,
300.
Priests. I. 20, 210; II. 12, 19, 48,
54, 57, 60, 65-66, 87, 108, 123. 128,
229, 411, 415; III. 258.
Prinetti Decree. I. 74.
Private associations and societies. I.
129-136, 138-144. 187-190, 273, 330,
347-349; II. 172-173, 231, 236; III.
20-22, 90, 109, 111, 140-141, 144145, 164-165, 188, 192, 237. See
under the names of the various
associations.—See also : Agencies,
bureaux, commissariats, commissions, committees, councils, departments, directorates, education, institutes, ministries, offices, organisations, organs, sections, services,
societies, unions.
Procedure. I. 172-173, 228-232, 2.54257, 401 ; II. 277-283, 314-328, 380388 ; III. 64, 130,136,143, 145, 148,
150-152, 156-157, 167-168, 173-174.
—See also : Administrative services, arbitration, cancelling contracts, conciliation, consular agents,
diplomatic agents, emigration officers and officials, inspection, penalties, placing, tribunals.
Proceedings. See ; Convicted persons, penalties, procedure.
Professors, teachers. I. 18, 20, 210;
II. 11-13, 19-20, 60, 87, 115, 189,
198, 229; III. 34, 118, 138.
Prohibition. See : Legal incapacity.
Propaganda. I. 156-157, 170-172,
2Í5-2Í8, 396, 400; II. 148-171, 244248.—See also : Documentation, information, transport undertakings.
Property rights. II. 424-425; III. 8088, 120-121, 134, 139, 144, 152.—
See also : Mandates, option.
Prostitutes. I. 56-62, 92, 275; II. 3244, 314-327; III. 233-237.—See
also : morality, morals, police, traffic in women and children.
Prostitution, Encouragement of. II.
35, 311, 318, 325.—See also Prostitutes.
Protection. I. 294-306. 338-349, 360;
II. 244-248, 341-351, 380-388; III.
9, 20, 50, 53-55, 123-124, 133, 138,
159.—See also : Departure, official
departments, private associations
and societies, protectors, sex, ships.
Protection of girls and young women.
III. 22, 55.—See also : Private
associations and societies.
Protection of workers. III. 17, 125228.
Protector of Chinese. I. 70, 84, 111 ;
II. 39, 43, 241, 306-307.
Protectors. I. 117, 190, 265, 271, 321.
—See also : Agents, commissioners,
curators, high commissioners, officers, officials, inspectors.
Protectors of emigrants, immigrants.
I. 117, 159, 168. 171, 190, 265, 271,
321; II. 162, 210, 222-223, 225,
241, 298, 307,-337, 387, 402-403.
Provisioning. See : Board, keep,
ships.
“PrzegladEmigracyjny” (Poland). I.
143.
Publication of regulations. See : Posting up of legal provisions and
regulations.
Publications. See : Documentation,
information.
Public charge. Persons becoming a.
See : Deportation, paupers, resources.
Publication of information concerning
transport agencies. I. 208-215; III.
63.—See also : Emigration agencies,
agents, transport agents.
Quota immigrants. I. 94; II. 19-20,
31-32, 49, 58, 118, 410 ; III. 37,156.
—See also : Numerical restriction.
Race. I. 9, 46-61, 353-357; II. 9,
11-12, 25, 46-61, 62, 79, 121, 124,
143, 309, 325, 390, 405, 417, 424;
III. 31-38. Albanians : II. 49.
Annamites : III. 239. Arabs : II.
52, 56. Armenians : II. 52, 56;
III. 44, 69, 96-97, 104, 180, 250253. Assyrians : III. 45, 2.50, 253.
Assyro-Chaldeans : III. 45, 250,
253. Chinese: I. .53, 69-70, 264;
II. 15, 17, 47-61, 72, 102. 124, 143-
SUBJECT INDEX
343
144. 148, 156, 198, 203-204, 216, Recruitment undertakings. See : Re236, 241, 247, 252, 256, 261, 264,
cruiting agents, recruitment, staff
274-275, 279, 286-288, 330. 381;
of recruiting agencies.
III. 33-35, 167, 190, 239.—See Red Cross Society. I. 131, 264; III.
also : Deportation, passports, regis22.
tration, rejection. Dravidians : II.
Re-emigrant.
See : Definition of an
59. Gipsies : II. 32, 43-44, 46, 60,
emigrant, repatriated persons.
326,328. Indians: II. 15, 51, 59,
162-163, 209. 222-225, 241, 306-307, Refugees. I. 9 ; II. 200, 347, 350, 379,
410; III. 17, 18, 45, 69-70, 95-96,
333, 339, 385-387, 401-403; III. 36104, 180, 2Í8-253.
37, 73, 162, 168-169, 238. Japanese : II. 51, 59-60; III. 31, 35-36, Refusal at the point of departure. I.
239. Javanese : II. 125, 241, 298233-238, 268-272, 318-321.
299, 334, 387, 399; III. 71, 169. Refusal of permission to enter. I. 322Kurds : III. 250. Lapps : III. 260.
324; II. 277-283.
Lebanon, natives of : II. 56 ; III.
259. Lybians : III. 98. Mongols : Regime of the Straits. III. 58.
II. 55. Negroes : II. 55, 59, 198, Registered letters. III. 74.
428.—See also : Slavery. Palesti- Registration. I. 340-343, 402-403;
nians : II. 56. Persians : II. 113.
II. 149, 161, 389-411; III. 157, 159Russians. See : Refugees. Sy160, 259.
rians : II. 52, 56, 59. Turks : I. Registration of immigrants and rési336; II. 45, 52, 56, 59-60, 130, 349;
gnée permits. II. 389-411.
III. 253, 256.—See also : RefuRegulated immigration. See : Immigees.
grants under contract.
Railways. I. 188, 307-309; II. 301;
III. 57, 61, 65-66, 150.—See also : Reichsanstalt für Arbeitsvermittlung
und Arbeitslösenversicherung ( GerContinental emigration, cost of
many). II. 31, 161, 194, 209,
transport, transit, transport by
222.
land.
“Rapports économiques et statistique Reichsarbeitsverwaltung. II. 161, 194.
sociale'’’. II. 180.
Reichsstelle für das Auswanderungswesen ( Germany). I. 113, 132,
Reading test. See : Dictation test.
140, 332.
Records. See : Archives.
Reichswanderungsamt (Germany). I.
Recovery of debts. III. 74-76.
43, 69, 113, 836.—See also : ReichsRecruiting agents. I. 150-173, 271stelle für das Auswanderungswesen.
273, 320; II. 201-213; III. 67, 71,
160, 167.—See also : Agents, con- Reimbursements. I. 232-238, 399; II.
136, 236-241, 302-310, 344-345, 363tract of employment, procedure,
364, 366; III. 73, 108-110, 114, 131,
recruitment, security, staff of recrui140, 251.—See also : Advances of
ting agencies.
money.
Recruiting fees. I. 154, 158-159, 163169, 170; II. 204; III. 122, 147, Reiseausweis (Germany). II. 113,
161, 194, 401.
156, 158, 161, 168.—See also : Contract of employment, employment, Rejected persons. See : Definition of
an emigrant, immigrant; deportarecruitment.
tion, examination, rejeetion, repaRecruiting licence. I. 151-163, 165, .
triation.
174-180, 325-326; II. 201-213-, III.
155-161, 243.—See also: Official Rejection. I. 71, 268-271, 318-324,
399; II. 43, 86, 101, 277-286, 302departments, security, staff, taxes.
311, 319; III. 43, 63, 66-67, 130,
Recruiting for land settlement. I. 152,
147, 176.—See also : Examination
182-183; III. 162-166, 237-245.
on arrival.
Recruitment. I. 49, 51-78, 111-129,
U8-192, 245-250, 324-328, 400; II. Relief Committees (France-Poland).
III. 146.
113, 201-213, 238 ; III. 31, 49-50, 52,
70-71, 105, 125-169, 170, 189-190, Religion. I. 46-61, 130, 178; II. 48,
53, 63, 72, 415; III. 91, 172, 174,
243.—See also : Continental emi242, 247, 256.
gration, contract of employment.
344
SUBJECT INDEX
Religious communities. II. 48, 53,
54.—See also : Missions.
Repatriated persons. I. 335-337 ; III.
53, 65, 73, 100, 124, 149.—See also :
Emigration funds.
Repatriation. I. 65-70, 173-182, 318337, 341, 343-344, 402; II. 43, 69,
163, 205, 302-311, 311-339, ,370;
III. 26, 37, 50, 66-7
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