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The settlement of the Colonial question is also contradictory to the idea of a Peace of justice. The essence of State activities in colonial territories consists not in capitalist[ic] exploitation of a less developed race, but in the winning of backward peoples for a higher civilisation. It follows that the more advanced Powers have a certain natural claim to share in colonial activities. Germany also has this natural claim, for German efforts in colonial areas are indisputably great. The German claim is not satisfied by a Treaty which robs Germany of all its colonies.
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10. COLONIES
Article 119 of the draft requires Germany’s renunciation of all her rights and claims to her over-seas possessions. This provision is in irreconcilable contradiction to point 5 of the speech in Congress of January 8, 1918, in which President Wilson takes position for an open, frank and absolutely unpartisan solution of all colonial claims. The basis of any impartial solution is that before a decision is reached the parties be heard and their claims examined. Article 119 begins by a rejection of the German claims without permitting Germany any chance of supporting them.
Germany’s claims to her colonies are based primarily on the fact that she has acquired them justifiably and developed them by hard, successful and sacrificing toil. Her ownership has been recognised by all powers. Where conflicts with other powers over individual areas have arisen, they have been overcome by an understanding or by court of arbitration.
The possession of the colonies is for Germany more necessary in the future than in the past, as in view of the unfavorable rate of exchange Germany must have the possibility of obtaining the raw materials necessary for her economic life as far as possible from her own colonies. As a result of her decreased productivity in consequence of the outcome of the war Germany needs the profit of the production that she can derive from her own territory.
In addition Germany needs her colonies as an outlet for exports for her industry in order to be able more easily to pay for raw materials with her own manufactured articles, and also as a field of activity for her commerce. She hopes from this source to receive aid in order to meet the obligations laid down by the peace treaty.
Finally Germany needs her colonies as settlements for at least a part of her surplus population, all the more as through the result of the war the necessity for emigration is increased and the possibility of emigration is decreased.
As one of the great civilised races (Kulturvolk) the German people has the right and duty to co-operate in the scientific exploration of the world and in the education of undeveloped races, this being a common task of civilised humanity. Along these lines Germany has done remarkable service in its colonies. This assertion and the claim which follows from it is not diminished by the fact that in the administration of the German colonies mistakes and errors have been made, such as the colonial history of all peoples has exhibited. Germany has a moral claim to be allowed to continue its successful work.
The retention by Germany of her colonies is, however, equally based on the interests of the colored populations of these territories. The German administration has put an end to the prevailing and incessant wars of pillage of the aborigines, the tyranny of leaders and fanatics, the seizure of slaves and the slave trade, and all the attendant insecurity of life and property. German administration has brought peace and order into the land and created conditions for secure intercourse and trade. An impartial justice, and one that considered the habits and customs of the aborigines, offered protection from oppression or spoliation on the part of the white inhabitants, the construction throughout the land of roads and railways for world intercourse and commerce, and the improving of the local civilisation (Kultur) and the introduction of new culture, has raised the economic life of the natives to a higher plane. The German administration was also engaged in protecting the native population by far-reaching social measures, especially by laws regulating labor and the supervision of the conclusion of agreements between the whites and the natives. The scientific investigation and the campaign of fighting plagues of men and of animals (malaria, smallpox, sleeping sickness, cattle diseases, etc.), in which German specialists, such as Robert Koch, took active part, have had rich results for the life and health of the natives.
The well organised school system, which included schools of industry and of agriculture, served to advance the moral and economic education of the natives. The German colonies belong to the most quickly and most successfully developing fields of activity of the Christian missions of both confessions.
From all these points it results that Germany has protected the interests of its natives. It has especially from the very beginning strictly refrained from any militarisation of her native peoples, and would therefore unreservedly agree to an international prohibition of militarisation. Germany has already heretofore actively participated in all international regulations dealing with important colonial questions, such as abolition of the slave trade, suppression of the traffic in arms and of the abuse of alcohol, and the fight against sleeping-sickness. Furthermore, insofar as no international obligation stood in the way, Germany, unlike some other important colonial powers, has in her colonies always given effect to the principle of the open door coupled with complete equality of treatment to all persons of alien nationality.
Numerous testimonials by influential foreign writers on colonial subjects prior to the war, as well as the loyalty during the war of the natives within the German spheres of control, especially in East Africa, bear witness to the justice and to the great success of German Colonial work.
For the above reasons the demand made by the enemy, in Articles 119 to 125, that Germany shall renounce her Colonies is held to be unjust.
Without waiving or weakening in any way the opposition to the renunciation of our Colonies, the following remarks, which we reserve the right to expand, are offered as to the conditions under which the cession is required to be made:
The demand that all State property, both real and movable, in the Colonies shall pass to the Mandatory Powers without compensation of any kind is unacceptable and is an unjustified exception to the fundamental principle that the value of the State property within the territories ceded by Germany shall be credited to Germany. With respect to the question of debts, the Draft Treaty does not permit either the ceded Colonies or the Mandatory Powers to assume a share of the debts of the Empire and of the Federated States. In lieu of this it should be required that the State taking over a Colony shall make good to Germany all her expenditures, and that the territories to be ceded should themselves be burdened with all liabilities which they have incurred.
German private property is given up to the arbitrary control of the Mandatory States. These may liquidate all property of Germans and all Companies controlled by Germans, they may maintain in force the war measures that have been suspended and enact new measures of the same kind. The Mandatory States may furthermore at their pleasure drive the Germans from house and home even though the latter may have been for years settled or even born there, and may close the country permanently to German activities. This regulation, in defiance of all principles of international and public law, deprives Germans of all rights in respect to private law and personal freedom of movement.
The demand that Germany shall make good to French subjects damages incurred before the war is contrary to the Armistice terms and is also inacceptable on other grounds.
In the highest degree objectionable is also the intention which, with respect to the future settlement of all matters dealt with in the Conventions of Berlin42 and of Brussels,43 would blindly and for all time subject Germany to the will of her foes.
The German Government therefore makes the following points in reference to the German spheres of control:
1) As to the method of treating Colonial questions the following proposal is made:
In the fifth of the 14 Points of President Wilson’s address to Congress of 8 January 1918, an absolutely impartial settlement of all Colonial claims is assured. An impartial settlement presupposes that both sides shall be heard before the decision. Such a hearing has not taken place. In pursuance of that assurance, and particularly of the principle that the settlement of Colonial claims should be made with equal regard for the interests of the Governments and for those of the inhabitants, it is hereby proposed that Colonial questions be referred to a Special Commission.
2) The following proposal relates to the substance of the Settlement. The demand set forth in Articles 119 and following of the Draft Treaty for the renunciation by Germany of her overseas possessions cannot, according to the convictions of the German Peace Delegation, be reconciled with the terms of the Armistice based on the 5th Point of the address to Congress of 8 January 1918. On the contrary the German Government regards the claim of Germany for the return of her Colonial possessions as being thereby justified. When, however, a League of Nations shall come into being, in which Germany is immediately admitted as a member with equal rights, Germany is prepared to carry on the administration of her Colonies according to the principles of the League, and if need be, as its Mandatory.
11. KIAOCHOW
Germany is prepared to renounce all her rights and privileges in respect to Kiaochow and Shantung.
But Germany must assume that the indemnification for State and private property, which is incurred according to Article 156, paragraph 2, and Article 157 will follow according to the general principles established with regard to such indemnification.
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