GERMAN PLANS FOR BELGIUM

Dominion, Volume 11, Issue 38, 8 November 1917, Page 6

GERMAN PLANS FOR BELGIUM

INTERNATIONAL LAW DEFIED

A BELGIAN PROTEST

The following protest of the Belgian Government against the administrative division of Belgium was recently issued by the Press Bureau:— When she eignwl the Articles of t Hague Conference, specially the convc tion dealing with tho laws and custoi of war on land, Germany undertook, Article 43 and tho annoxed rules, to 1 epeot tho laws of occupied territory c cept ivhere it was absolutely impossil to do so. This article consecrates t principle, already recognised by Info national Law, that the foreign and pr visional authorities shall not in any wi change tho legislation of the occupii territory except in case of absolute new sity. The German authority in Belgiu published on March 21 last a deer directly violating this Article 4.1 Ho is this" decree:— j "Two administrative districts are formed in Belgium; tho first comprising the provinces of Antwerp, Limburg, East and West Flanders, and the districts of Brussels and Louvnin; tho second comprising the provinces of Hainiuilt, Luxemburg, Namur, and the district of Nivelles. Tho administration of the first will be carried on from Brussels, and that of the second from Niuiuvr." Other decrees, on April 13 and .Tune 9 and 10, assured the execution of the decree of March 21, especially in dividing most of the Belgian Ministries. These, arrangements completely upset the'legis. lation which settled the administrative organisation of Belgium, and tampered grievously with the constitution which divides Belgium into provinces and makes Brussels the. capital. The German edicts create a division by groups of provinces which is unknown to the constitution, dismembers one province, «md institutes two capitals. These measures aro nowise justified by any serious difficulty in maintaining the existing institutions. They are simply designed to serve tho interests of Germany,by making a division between ihe Belgians. Tho chief authorities who have remained in the country, the legislative bodies, tho episcopate, the judicial bodies, the Bar the Communal Council of Antwerp, protested energetically. The attitude of Civil Servants was particularly vigorous, and some of them resigned.

Riflhts of Officials,

Contrary to International Law, the Germane 'denied their tight to refuse to servo and deported them to Germany. However tho protocols of the Conventions of Brusels (1871) and of the Hague

(1899) state (hut the Powers recognise \tho risrht of officials in an invaded country either to continue or to refuse to contintto their functions at the invitation of the occupier, and even to rescind their consent atter it lias been given.

When, at the beginning oi tho occupation the Belgian civil servants were invited to continue their work, the formula to which they adhered expressly

mentioned their right to resign their functions if the Hague Conventions vere lot respected by tho German authorities, i'hie is the formula:—

"I, tho undersigned, hereby promise to consent fo fulfil my duties loyally and scrupulously according to the conventions of The Hogue, to undertake nothing nnd to do nothing which might harm the Gorman administration in the occupied part of Belgian territory."In his Note of January 14, 1915, written with the consent of Governor von Bissiug, addressed to the President of the civil administration of Hasselt and communicated to nil the Ministerial Departments, Director von Sandt, head of the civil administration of tho GovernorGeneral, declared that he gave tho Hoi ginn officials full right to decide freely if they believed that they could reconcile tho further exercise of their duties towards the Belgian State, assuring them that those who resigned Ihoir office, even niter having signed tho declaration of loyalty need fear no harm except the loss of their salaries, unless they had neglected the obligations of (heir office or hud noted prejudieally to German interests.

In tho face of the flagrant and systematic violation constituted by tho above fads, the Belgian Government solemnly protests against the Administrative separation and against the acts of violence of which tho officials, while exercising an undoubted right in refusing to lend their hnnd to an abusive nnd unjustifiable measure, are the victims. The Belgian Government denounces this new violation of International Law. to the Allied and neutral Governments who signed tho convention dealing with the laws and customs of lVar on land.