CYIL vol. 12 (2021)

CYIL 12 (2021) THE MECHANISM OF THE PROTECTION OF RACIAL, NATIONAL, AND RELIGIOUS… to such petition. 24 Czechoslovakia was supported by Poland which, in their statement from 3 June, proposed that more detailed rules should be adopted including the rule that petitions should be communicated to member states only after the government of a state concerned had expressed their opinion with respect to the petition at issue. 25 On 27 June 1921, the Council in its Resolution determined that the member state concerned should inform the Secretariat General, within three weeks from their receipt of the petition, on whether they intended to express their opinion. If the government provided an affirmative response, they would have two months to draft their position. Such procedural modification resulted in that only members of the Council, and not all member states, were informed of a respective petition until such petition was possibly considered by the Committee of Three. This such procedure was explained by the head of the Minorities Section of the Secretariat Eric Colban at the meeting of the Council on 5 September 1923. 26 It should be noted in this context, that the modified procedure first applied to the petitions against Czechoslovakia and Poland whose representatives were invited to attend the meeting of the Council; other governments should have only prepared to follow such procedural rules. 27 The General Assembly of the League of Nations dealt with petitions regarding the protection of minorities several times. The petitions were referred to the Sixth Committee (i.e., political committee) between 1922 and 1923; the Committee was presided by the Belgian diplomat Paul Hymans. Beneš was able to successfully cooperate with him and introduced the requirement (through Hymans) in the debate that cooperation of the states concerned with the League of Nations should be preferred and, on the other hand, that a possibility to misuse the minorities petitions for hostile propaganda should be eliminated. 28 Both the Polish and Czechoslovak diplomatic missions particularly tried to reduce the propaganda effect of submitted petitions, which was presumed to be reached if the petitions were not communicated directly to all member states but only after those came through the preliminary consideration procedure within the Secretariat General and/or the Council. 29 Upon the initiative of Professor Murray and Lithuanian delegation, the Assembly of the League of Nations adopted, the Resolution containing five points regarding the protection of minorities on 21 September 1922. Its partial modification was implemented upon amendments proposed, including that submitted by Czechoslovakia. 30 The Assembly proposed that the Minorities Section of the Secretariat should be expanded, and some informal ways used, in order to foster good relations among Member States of the League 24 https://biblio-archive.unog.ch /C-170-M-101-1921-I_EN. 25 Protection of linguistic, racial or religious minorities by the League of Nations. Resolutions and Extracts from the Minutes of the Council, Resolutions and Reports adopted by the Assembly relating to the Procedure to be followed in Questions concerning the Protection of Minorities, ibid., Part II, pp. 17–19. 26 Ibid, p. 21. 27 Protection of linguistic, racial or religious minorities by the League of Nations. Resolutions and Extracts from the Minutes of the Council, Resolutions and Reports adopted by the Assembly relating to the Procedure to be followed in Questions concerning the Protection of Minorities, ibid., pp. 8–9. 28 See the presentation of E. Beneš at the meeting of the Council of the League of Nations on 5 October 1923, ibid, Part II, p. 22. 29 Preece, J. J.: National minorities and the European nation-states system, c.d., p. 81. 30 To be debated within the General assembly of the League of Nations. Protection of linguistic, racial or religious minorities by the League of Nations. Resolutions and Extracts from the Minutes of the Council, Resolutions and Reports adopted by the Assembly relating to the Procedure to be followed in Questions concerning the Protection of Minorities, ibid., Part III. pp. 240–243.

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