Folder 13 Jewish Labor Committee
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._·... ·~ -~ J. L.t; / T'he problem of the Free Ports the refugees fleeing the light of history, showing the c.hangea refugees and stateless' persons in conformana~. - of the international law. We are now accustomed to the tragic situation of and stateless persons at the time between the two world wars, when men of highest honorability did lase the-ltbe:r>ty-0-f-t:r>avel. and immigration after being deprived of the citizenship in which i they were born; and when thousands of refugees were ¢ondemfe4 -to jail a.a their temporary residence permits in some country expired and they were unable to obtain visas for any other Conditions were very different in the 19th century. Af§er the breakdown of the revolution of 1848, democratic ~ermans .le~i~~ to Switzerland were cordially invited by the Swiss (}overiiJnent to accept Swiss citizenship. When some inhabitants .of DobrudjQ., (conce~ed to Roumania after the Russo..,Turkish war oC1878)r <lid not carry out the necessary formalities for/the ~btentlo~'~i citizenship in proper time and had to remain s:tateless, ·this ;' '" •' .:- ... - - -' -' such an unheard-of ata.t·e of affairs for. the speciaiiatk ·. :i.r{thEI · - . ' . international law, that this exceptional - a:i..i~atib:n' · had been :; •. · · quoted in all law textMbooks. The only hope o'f'l!l1111ons of stateless and refugees, ring in Europe today is the post.. war eatablishment_of an control of emigration ahd Of issue Of immigratiofr· irisae', idea of such interna;!:-ional. control is accepted by Conference of -----·-- -- ---,.\ The notion of free ports and provisory very old one. In France proclaimed the "Peace of God", . private wars of the feudal.lords. In theeleventli· this unsuccessful effort was followed by the creation of the "Truce of God, 11 which prohibited all private wars for four days in a weekJ At the same time the practice was introduced, giving strangers the right of shelter in monasteries and abbeys. It was the time when the council of Clermont in 1095 demanded that during war women, priests and peasants shoul.O. pe respected as non .. combattants and spared. The spirit of mediaeval Europe, guided by the conception of an United Christendom ruled by the Holy Roman See in spiritual matters and by the reconstruc ted Holy Roman Enpire in secular matters, favored the freedom of travel. an the eve of the creation of modern national states.'. ' . one of the founders of modern international law, Franciscus .· - ' . de Victoria, asserted in 1532 that the right of.free ti-ave].> ' --,· and free residence in foreign countries, and of free inter• course between nations is based on the law of nations ~(Jtle · Gentium). Victoria says that the Jue GentiUJ11 "e:i.tl'l.9,r i~~;n~tp_:rli.;L: law or is 'derived from natural law." He considers' that all peo'plea find 1t inhuman to mistreat foreigners, and that frie!'.idly · feelings are deeply rooted in human nature. The "Mare Liberl.lm11 of Hugo Grotius/{, (1609), affirms th~t -,-····- the natione have a natural ::ight for travel, trade, . c6mmun1oat1,6n and freedom of the seas. --:-:·i·-·. -~ - ·: :_ -:· ·;·. _: :\ '.; - ' -_ ~-. :~-- _·-::~): ·- . ·_._-.. :·<~ ... -. 4-{ciJ .. ~1.~ -~c'"-:·~~- ·• · · • ·.. --c:..C·~-;":;''·::=- ..."-'·-·C:.·:.::._: ._·:~·:"-~_·~_;·s· --~1-~~_;y:~_-.-_·;~2.~.·-.r~~f-~sr.·L_;;~.~- ··{_~--~--•_•·.-·....•_:_•_'-.·.~.•-~.,_-.~_:.~ __._:~_-_·_·< ,/. · •· F: · ··•<- . .'· ·" -~- .._._.·._··.···· ..•• '."' / :• f···:0( •.•. t:-~.-~·J-~,:f. ~; . ' ~? . ?~ff l-H . <'J\>S· - 3 - ··-:'.. • . •.,·.····-··< '_·-.:.'i' . ·; - ~ ~ ':_;~::· ~ ._._il·y.· Emeric Cruce, in hl.B "r.e Nouveau Cinee," publiah~d iri i62'j~ .lilll~;.~· !:l freedom of travelling and emigration and says i .'iw~t a· plea~~re •1tt···' <J would be to see men go here and there freely and. mix -~ tog~th'9r .... } without any hindrance of country, ceremonies or other such diffe;o.. ·. l ranees, as if the earth were as it really is: a city common to all. 11 . l . f . It is interesting to note that Cruce considers that the greatest i i' ·fl obstacle in the way of travel and emigration in hie time was only. the diversity of monetary systems and of weights and measures. 1,\ "the problem of visas was evidently not so acute as today. ~ Reformation, the development of new !\ After the Protestant l: " national states, jealously struggling for their complete sovereignty, fl [i'i prepared the way for the setting up of the policy of closed doQra that raged in Europe and America after the first world war of 1914. The international law did not succeed to realize the noble projects \ of Dubois, George of Podebrad, of Erasmus of Rotterdam and of Cruce, l ! ··.·I\ ~::"::~:~::::::: ::::::~:,::::::::::::;:::::::~~:~:1·i~::.l 1 after the freedom of migrations in 19th the 20th ce····.·.n_:_•. _._·_t_:·_-.u.·r····.··.y·.·· ....-_·_,- ....·,.··· ._·····:······1'_i__ . showed us the tragic consequences of the_oentu~y, policy .of cl'osed A_qbrs. _ _ __ 1 In ~the period between 1919 and 1939, the. ldea of ahelt-ers· I sometimes assumed very ugly forms. When the Armenian and Russian tl refugees searched desperately for visas, some countries agreed. -fl t,o give them right of residence in one strictly difined district - i\ only. About 100 such refugees were· confined on the Greek island l of Syros, in conditions of-,.~xtreme misery. Mr· Michael Ha~s~o11, President of the Governing Body of the Nansen Inte~natlo~al Ornoe : :-; ! 01 •Ill League of N,itfonS ten~ us 11rhGb~i>kf;t;'~~~,;\jj~~~"'~i0"'1' ON THE ISLAND OF SYROS, 11 about long years innocent people, out off from the hope of further~w.~~.~·~ and living ~he life of such as are sentenced to (see Appendix). It is vitally necessary to see that t.he idea of free ports - and proviaory shelters should not be allowed to degenerate into forms resembling those described by Mr· Hansson• Not only must. the residents of these shelters enjoy complete freedom in day•time, as is the arrangements in the camps for refugees in Switzerland. It is most important that t.he first steps for an international organization of migrations should be taken, that visas and the possibilities of emigration should be prepared for these people by a contact" of the diplomatic services of United States, Great Britain and other United Nations with those of the countries of ~. ,-• eventual immigration. Before the great idea of an international direction of immigration, sponsored by the Delaware conference is realized, the treat Powers can and must obtairi0f'or·thej,r disposal ~ertain number of visas, to be used for humanitari~npur:ppsesa,ri.d for settlement of refugees and victims of persecution• initiative of the Great Powers could be of great use in the countri~s bordering on Nazi-occupied ~urope will for temporary admission of new refugees; the hope for the.ir set tlement will be strenghtened by the fact of the •stablishment of the J.l'ree Ports and of preparation of visas for a further definite emigration. lome of the refut§ees will ·be able to return to their hq~e" ·· after the oonolus1on of the peace, but it is as determine how big their' Il.l.imber<wnl be~ - ---··· _- ~ .;_~ ' .. ·· • APPENDIX -~-· Then began a truly painful task, an incessant struggle, to find homes for these people, who had already undergone .·such hard ship. Forced to abandon their homes and country, they had lost all· their possessions, and having at last, after long years of privation and suffering of every description, found relative security, they I had once again been driven away. At Syros they lived the life of such as a.re sentenced to deportation. They were deprived of the I right to work and of all means of existence, and they had not the . i slightest idea,W what .I their final destination would be. The_Nanaen i. Office grants them the strictly indispensable financial assistance { which allows them to exist. The depressing effect of enforced · ·, idleness on human beings, under such t humiliating conditions, may t easily be imagined! ; The Greek Government, who have always shown such comprehension in refugee matters, authorized about twenty of these refugees to establish themselves definitely in Greece ·- a very generous deci sion seeing that that country is, from an economic point of view, little favoured by nature and is, besides, overrun by large numbers of Greek, Russian and .Armenian refugees. Nineteen othess were admitted to Norway where the authorities ·. undertook to care for them up to the time when the majority would be able to earn their living. Sweden, likewise, accepted ten on.• the Same conditions. QUi te recently, nlne others were .transferl'e(j. South America, at their request, and at the e:apene.e of ;.the Nansen Office. · ~ · · · At the time of writing these lines, there are still. sixteen. of these refugees on the island. The Greek Goye~nmen:b, who.have " . been f:S.t.1ent for so long, are in their right in insisting up()n the evacuation of these people. But what is to be their des.tination? The Office has applied in vain to one Government after another. It has appealed for contributions in cash for the. maintenance of these unfortunate people, or eventually for their transfer to south A.glerica. The Danish and Swedish Governments, inro ·years ago, each granted the Nansen.Office an a.mount of 20,000 crowns in favour of these refugees. Other countries have refused all liel.p. · ·_.-c.-:·:··.,_;.•. ~A_P-'P_E.....,N_D___ I __x_. _;·_,(.._,c_o_n~td_·....... )'----_\,' -. ,- -- ~ _-: Such then is the state of affairs in this ~tu~yi , ~e~> c:.-~} two-thirds of the surface of the earth is uninhabited, a hand*'til ,- ._ of men who, as far as it has been possible to ascertain;/ .hEiv'eJ)?'()ken_ no law, do not enjoy the most elementary- of a.11 huilla.n.rights·, th,~ right to exist, and still less the right to earn their living as others do.