Protocol
relating to the Delimitation of the Turco-Persian Boundary signed
at Constantinople on November 4th (17th), 1913
The undersigned: His Excellency
Sir Louis Mallet, Ambassador Extraordinary and Plenipotentiary of
His Britannic Majesty to His Majesty the Sultan; His Excellency
Mirza Mahmud Khan Kajar 'Ahd-i-Shamus Salteneh, Ambassador
Extraordinary and Plenipotentiary of His Majesty the Shah of
Persia to His Majesty the Sultan; His Excellency M. Michel de
Giers, Ambassador Extraordinary and Plenipotentiary of His
Majesty the Emperor of Russia to His Majesty the Sultan; His
Highness Prince Said Halim Pasha, Grand Vizier and Minister for
Foreign Affairs of the Ottoman Empire; have met for the purpose
of recording in the present Protocol the Agreement concluded
between their respective Governments with regard to the
Turco-Persian boundary.
They began by recapitulating the progress, up to date, of the
negotiations recently instituted among them.
The Joint Commission provided for in Article 1 of the Protocol
signed at Tehran between the Imperial Ottoman Embassy and the
Persian Minister for Foreign Affairs with a view to determining
the bases for the negotiations relating to the delimitation of
the Turco-Persian boundary held eighteen meetings, the first on
March 12th (25th) and the last on August 9th (22nd), 1912.
On August 9th (22nd), 1912, the Imperial Russian Embassy at
Constantinople addressed to the Sublime Porte under No. 264, a
note stating that "the Imperial Government" considers
that too much emphasis cannot be laid on the necessity of putting
into effect without delay the explicit stipulations of the Treaty
of Arzerum, which are tantamount to the restoration of the status
quo of 1848.
The Imperial Embassy at the same time forwarded to the Imperial
Ottoman Government a memorandum showing in detail the
frontier-line in conformity with the stipulations of the treaties
in force.
The Imperial Ottoman Government replied to this communication by
a note dated March 18th (31st), 1913, No. 30469/47. It stated
that the Sublime Porte, being anxious to comply with the desire
expressed by the Imperial Russian Government by eliminating any
cause of difference in its cordial relations with the latter, and
wishing, further, to demonstrate to the Persian Government its
entire good faith in regard to the dispute existing on the
subject between the two countries, has decided to accept the line
mentioned in the aforesaid note and memorandum of the Ambassador
of His Majesty the Emperor of Russian for the delimitation of the
northern part of the Turco-Persian frontier from Serdar Bulak to
Bane - that is to say, down to the 36th parallel of
latitude".
Nevertheless, the Imperial Ottoman Government suggested a number
of modification in the line proposed in the memorandum annexed to
the note of the Imperial Russian Embassy dated August 9th (22nd),
1912, No. 264.
The Imperial Ottoman Government also appended to its note
"an explanatory note on the situation of the Zohab
boundaries and the arrangement that it would be able to accept in
order to reach a final and equitable understanding with the
Persian Government on that part of the frontier".
The Imperial Russian Embassy replied by a note dated March 28th
(April 10th), 1913, No. 78. It noted the statement "by which
the Imperial Ottoman Government recognizes as a principle for the
delimitation of the Ararat-Bane section the exact sense of
Article 3 of the Treaty of 1848, known as the Treaty of Arzerum,
as set forth in the note of August 9th (22nd), 1912, No.
264". As regards the modifications proposed by the Sublime
Porte, the Imperial Embassy stated (with a reservation on the
question of Egri-chai) that it could not sufficiently emphasize
the necessity of making no change in the line established in its
note of August 9th (22nd), 1912.
As regards the question of Zohab, the Imperial Russian Embassy,
while reserving the right to submit its detailed observations
concerning that frontier, expressed "its opinion on the
whole of the Ottoman draft, which does not seem to it to
guarantee sufficiently, for the future, the maintenance of order
and peace on the frontiers".
On April 20th (May 3rd), 1913, the Russian and British Embassies
addressed an identic note to His Highness Prince Said Halim
Pasha, accompanied by a memorandum summarising their point of
view regarding the delimitation of Zohab and the regions situated
south of that district.
This exchange of notes was followed by conversations between
Their Excellencies M. de Giers and Sir Gerald Lowther, of the one
part, and His Late Highness Mahmud Shefket Pasha, of the other
part. The result of these conversations was recorded in an
aide-memoire presented by His Excellency the Russian Ambassador
to His Highness the Grand Vizier on June 6th, 1913, and in the
note from the Sublime Porte addressed on June 26th (July 9th),
1913, No. 34553/95, to the Russian Embassy, and on July 12th,
1913, to the British Embassy.
On July 29th, 1913, a "declaration" was signed in
London by Sir Edward Grey and His Highness Ibrahim Hakky Pasha
concerning the demarcation of the southern boundary between
Persia and Turkey.
The Imperial Russian Embassy then proceeded to recapitulate the
principles of delimitation established in the correspondence
concerning the Turco-Persian Boundary.
It addressed to the Sublime Porte a note dated August 5th(18th),
1913, No.166, an identic note was addressed to the Sublime Porte
by the British Embassy on the same date.
The Sublime Porte replied to these communications by identic
notes dated September 23rd, 1913, No. 37063/113.
As a result of the subsequent negotiations, the four
plenipotentiaries of Great Britain, Persia, Russia, and Turkey,
agreed on the following provisions:
I.
It is agreed that the boundary between Persia and Turkey shall be
defined as follows:
The boundary in the north shall start from boundary - park No.
XXXVII on the Turco-Russian frontier, situated close to Majar
Bulak, on the crest between Little and Grand Ararat. It shall
then drop southwards by way of the ridges, leaving on the Persian
side the valley of Dombat, Sarrvteh, and the water system of
Yarym-Kaya, which rises to the south of Mount Ayubeg. The
boundary shall then leave Bulak-bashi, in Persia, and shall
continue to follow the highest ridge, the southern extremity of
which is situated at about 44゜22' longitude and 39゜28' latitude. Then skirting the west side
of the march which extends to the west of Yaryum-Kaya, the
boundary shall cross the Sary-Su stream, pass between the
villages of Girdebaran (Turkish) and Bazargan (Persian), and
ascending to the ridge to the west of Bazargan, follow the
watershed formed by the Saranli, Zenduli, Gir-Kelime, Kanly-baba,
Deduki-Khasineh, and Deveji ridges.
After Deveji, the line shall cross the valley of Egri-chai at the
place to be designated by the Delimitation Commission in
conformity with the status quo, leaving the villages of Nado and
Nifto in Persia.
The ownership of the village of Kyzyl-Kaya (Bellasor) shall be
established after an examination of the geographical situation of
the village, the western side of the watershed in that region
being allocated to Turkey, and the eastern side to Persia.
Should the final boundary line leave outside Ottoman territory a
section of the road which passes close to Kyzyl-Kaya and connects
the district of Bayazid with the province of Van, it is
understood that the Persian Government shall give free passage
over this section of the road to the Imperial Ottoman Posts and
to travellers and goods, other than military troops and convoys.
The frontier shall then ascend to the ridges forming the
watershed: Kyzyl-Ziaret, Sarychimene, Dumanlu, Karaburga, the
hill between the reservoirs of Ayri-chai (Persian) and of
Jelli-gol (Turkish), Avdal-dashi, Reshkan, the hill between
Akhurek and Tavra Bevra Bevra-begazdan, Gevri-Mahine,
Khydyr-baba, Avristan.
As regards Kotur, the Protocol of July 15th (28th), 1880, known
as the Protocol of Sary-Kamiche, shall be applied in such a way
that the village of Kevlik shall remain in Turkey, and the
villages of Bilejik, Razi, Gharatil (Haratil), the two Jelliks,
and Panamerik, shall remain in Persia.
The frontier following the Mir-Omar ridge shall ascend the
mountain of Surava, and leaving Khanyga on the Turkish side,
shall bass by way of the watershed formed by the pass of
Borush-Khuran, the mountain of Haravil, Beleko, Shinetal, Sardul,
Gulambi, Kepper, Bergabend, Peri-Khan, Iskander, Avene, and
Kotul. The valley of Bajirga shall remain in Turkey, and the
villages of Sartyk and Sero in Persia, and the frontier shall
pass from the southern extremity of Kotur over the ridge rising
to the west of the Persian village of Behik, and, following the
peaks of Seri-Baydost, shall joint the crest of Mount Zont.
From Mount Zont the frontier shall follow continuously the
watershed between the Persian districts of Tergever, Desht, and
Mergever, and the Turkish sanjak of Hakkiary - that is to say,
the crest of Shiveh-Shishali, Chil-Chovri, Chel-Berdir,
Kuna-Koter, Kazi-beg, Avukh, Mai-Helanch, the mountains to the
west of Binar and Delamper; then, leaving on the Persian side the
basin emptying by way of Ushnu into the lake of Urumiya,
including the sources of the Gadyr river known as Abi-seri-gadyr
(the valley of which is situated to the south of Delamper and to
the east of Mount Girdeh), it shall reach the pass of Keleh-Shin.
To the south of Keleh-Shin the frontier shall leave on the
Persian side the reservoir of Lavene, including the valley of
Chumi-Geli (situated to the east of Zerdegel and to the
south-west of Spi-rez), and on the Turkish side the waters of
Revanduz, and shall pass by the following peaks and passes:
Siah-Kuh, Zerdeh-Gel, Boz, Barzin, Ser-Shiva, Kevi-Khoja-Ibrahim.
Thence the frontier shall continue to follow towards the south
the main chain of Kandil, leaving on the Persian side the basins
of the affluents of Kialu on the right side: the streams
Purdanan, Khydyrava and Talkhatan.
It is understood that the Turkish tribes which are in the habit
of spending the summer in the said valleys at the Gadyr and
Lavene springs shall still have the use of their pastures under
the same conditions as in the past.
Having reached the summit of Seri-Kele-Kelin, the line shall pass
over Zinvi-Jasusan and the pass of Bamin, and shall cross the
Vezne river near the Purde-Berdan bridge. The Delimitation
Commission will have to decide as to the future of the village of
Shenieh, on the basis of the general principle of the status quo.
After Purde-Berdan, the frontier shall ascend over the chains of
Foka-baba-kyr, Borde-spian, Berde-Abul-Fath and the pass of
Kaniresh. It shall then follow the watershed formed by
Lagav-Ghird, Donleri, the pass of Khan-Ahmed, and the southern
extremity of Tepe-Salos. The frontier will thus pass between the
villages of Kandol (Turkish) and Kesh-Keshiva and Mazynava
(Persian), and reach the course of the Kialu river (the Little
Zab).
After joining the course of the Kialu river, the frontier shall
follow it upstream, leaving on the Persian side the right bank
(the Alano-ajem) and on the Turkish side the left bank of that
river. On reaching the mouth of the Khileh-resh river (an
affluent of the Kialu on the left side), the frontier shall
follow the course of that river upstream, leaving on the Persian
side the villages of Alot, Kivero, etc., and on the Turkish side
the district of Alani-Mavont. At the south-western extremity of
Mount Balu, the frontier shall leave the course of the
Khileh-resh river, and ascending over the north-west extremity of
the Surkew chain, extending to the south of the Khile-resh river,
shall pass over the Surkew ridge, leaving the districts of Siwel
and Shive-Kel on the Turkish side.
On reaching the astronomical point of Surkew almost at latitude
35゜49, the frontier shall
pass in the direction of the village of Champar-aw, the future of
which shall be decided by the Delimitation Commission on the
basis of the accepted principle of the Status quo. The line shall
then ascend over the chain of mountains which form the frontier
between the Persian district of Baneh and the Turkish district of
Kyzyieja; Gakash, Berdi-Kechel, Pusht-Hangajal, Du-bera, Parajal,
and Spi-Kana, after which it shall reach the pass of Now-Khuvan.
Thence, still following the watershed, the frontier shall turn
southwards and then westwards, passing by way of the summits of
Vul-Guza, Pushti-Shehidan, Hazar-Mal, Bali-Keder, Keleh-Melaik,
and Kuhai-Koce-resha, separating the Turkish district of Teretul
from the Persian district of Merivan.
From there, the frontier shall follow the course of the
Khalil-Abad brook downstream as far as its confluence with the
Chami-Kyzylja, and then this last-named river upstream as far as
the mouth of its left affluent flowing from the village of
Bnava-Suta; it shall follow this Bnava-Suta brook upstream and,
by way of the passes of Keli-Naveh-Sar and Keli-Piran, shall
reach the pass of Surene, known, it appears, by the name of
Chigan (or Chakan).
The main chain of Avroman, extending in the direction
north-west-south-east, shall then form the frontier between
Persia and the Ottoman district of Shehrisor. On reaching the
peak of Kemadjar (south-east of Kala-Selm and north-west of
Sheri-Avroman), the frontier shall continue to follow the main
ridge as far as its ramification on the western side, rising to
the north of the valley of Derc-Vuli leaving the villages of
Khan-Germela and Nowsud on the Persian side. For the remainder of
the frontier as far as Sirvan, the Commission shall - by way of
exception - delimit the ground, taking into consideration such
changes as may have occurred there between the year 1848 and the
year 1905.
South of Sirvan, the frontier shall begin close to the mouth of
the Chami-Zimkan, shall pass by way of the Beyzel (Bezel)
mountain, and shall descend to the Chemi-Berishk watercourse.
Next, following the watershed between this last-named watercourse
and the river which, rising in the Bend-Bemo, bears, according to
the identic map, the name of Pushti-Gherav (Arkhevendu), it shall
ascend to the summit of Bend-Bemo.
After following the ridge of Bamu (Bemo), the frontier, on
reaching the defile of Derbendi-Dehul (Derbendi-Hur), shall
follow the course of the Zengeneh (Abbasan) river as far as the
point nearest to the summit of Shevaldir (astronomical point) and
situated below the village of Mayshan. It shall ascend this
summit and shall next pass by way of the crest of the hills
forming a watershed between the plains of Tileku and Serkaleh,
then by way of the chains of Khuli-Baghan, Jebel-Ali-Beg,
Bender-Chok-Chermik, Sengler, and Asengucran, as far as the point
in the Tengi-Hamam defile situated opposite the northern
extremity of the Karawiz mountains.
Thence the frontier shall follow the course of the river Kuretu
as far as the village of that name. The future of the village of
Juretu shall be decided by the Delimitation Commission on the
basis of the nationality of its inhabitants. Thence the frontier
shall pass by way of the road between the villages of Kuretu and
Kush-Kurrek, then along the crests of Mounts Kishka and Ak-Dag,
and then, leaving Kala-Sebzi in Persia, it shall turn southwards
as far as the Ottoman post of Kanibez. Thence it shall follow the
course of the Elevend river upstream as far as the point, a
quarter of an hour's distance downstream from its confluence with
the Gilan watercourse; from that point it shall continue as far
as the Naft-Su skirting the Ab-Bakhshan in accordance with the
line agreed upon with the late Mahmud Shefket Pasha and shown
roughly on the map annexed to the note of the Imperial Russian
Embassy dated August 5th (18th), 1913, and leaving Naft-Mukataasy
to Turkey. Thence, the frontier-line, following the Naft-Deressi,
on reaching the point where the Kassri-Shirin road cuts that
waterway, shall continue along the mountains of Varbulend,
Konerigh-Kelashuvan, and Jebel-Gerebi (the extension of the
Jebeli-Hamrinach in).
The Delimitation Commission shall draw up a special agreement for
the distribution of the Gengir (Sumar) waters between the parties
concerned.
The part of the frontier between Mendeli and the northern point
of the line indicated in the declaration made in London on July
29th (Shuaib) between Hakky Pasha and Sir G. Grey not having yet
been discussed in detail, the undersigned leave the establishment
of that part of the frontier to the Delimitation Commission.
As regards delimitation from the region of Hawizeh as far as the
sea, the frontier-line shall start from the place called
Umm-Shir, where the Khor-el-Duvel divides from the Khor-el-Azem.
Umm-Shir is situated east of the junction of the Khor-el-Muhaisin
with the Khor-el-Azem, nine miles north-west of Bisaitin, a place
situated at latitude 31゜43'29".
From Umm-Shir, the line shall turn south-westwards as far as
longitude 45゜, at the
southern extremity of a small lake known also by the name of Azem
and situated in the Khor-el-Azem some distance north-west of
Shuaib. From this point the line shall continue to the south
along the marsh as far as latitude 31゜, which it shall follow directly eastwards
as far as a point north-east of Kushk-i-Basra, so as to leave
this place in Ottoman territory. From this point the line shall
go southwards as far as the Khaiian canal at a point between the
Nahr-Diaiji and the Nahr-Abu al-Arabid; it shall follow the
medium filum aquae of the Khaiyin canal as far as the point where
the latter joint the Shatt-al-Arab, at the mouth of the
Nahr-Nazaileh. From this point the frontier shall follow the
course of the Shatt-al-Arab as far as the sea, leaving under
Ottoman sovereignty the river and all the islands therein,
subject to the following conditions and exceptions:
a) The following shall belong to Persia (1) the island of Muhalla
and the two islands situated between the latter and the left bank
of the Shatt-al-Arab (Persian bank of Abadan); (2) the four
islands between Shetait and Maawiyeh and the two islands opposite
Mankuhi which are both independent of the island of Abadan; (3)
any small islands now existing or that may be formed which are
connected at low water with the island of Abadan or with Persian
terra firma below Nahr-Nazaileh.
b) The modern port and anchorage of Muhammara, above and below
the junction of the river Karun with the Shatt-al-Arab, shall
remain within Persian jurisdiction in conformity with the Treaty
of Arzerum; the Ottoman right of usage of this part of the river
shall not, however, be affected hereby, nor shall Persian
jurisdiction extend to the parts of the river outside the
anchorage.
c) No change shall be made in the existing rights, usages and
customs as regards fishing on the Persian bank of the
Shatt-al-Arab, the word "Bank" including also the lands
connected with the coast at low water.
d) Ottoman jurisdiction shall not extend over the parts of the
Persian coast that may be temporarily covered by water at high
tide or by other accidental causes. Persian jurisdiction, on its
side, shall not be exercised over lands that may be temporarily
or accidentally uncovered when the water is below the normal
low-water level.
e) The Sheikh or Muhammara shall continue to enjoy in conformity
with the Ottoman laws his rights of ownership in Ottoman
territory.
The frontier-line established in this declaration is shown in red
on the map annexed hereto.
The parts of the frontier not detailed in the above mentioned
frontier-line shall be established on the basis of the principle
of the status quo, in conformity with the stipulations of Article
3 of the Treaty of Arzerum.
II
The frontier-line shall be delimited on the spot by a
Delimitation Commission, consisting of commissioners of the four
Governments.
Each Government shall be represented on this Commission by a
commissioner and a deputy commissioner. The latter shall take the
commissioner's place on the Commission in case of need.
III
The Delimitation Commission, in the performance of the task
devolving upon it, shall comply:
(1) With the provisions of the present Protocol;
(2) With the rules of Procedure of the Delimitation Commission
annexed (Annex (A)) to the present Protocol.
IV
In the event of a divergence of opinion in the Commission as to
the boundary-line of any part of the frontier, the Ottoman and
Persian commissioners shall submit a written statement of their
respective points of view within forty-eight hours to the Russian
and British Commissioners, who shall hold a private meeting and
shall give a decision on the question in dispute and communicate
their decision to their Ottoman and Persian colleagues. This
decision shall be inserted in the Minutes of the plenary meeting
and shall be recognized as binding on all four Governments.
V
As soon as part of the frontier has been delimited, such part
shall be regarded as finally fixed and shall not be liable to
subsequent examination or revision.
VI
As the work of delimitation proceeds, the Ottoman and Persian
Governments shall have the right to establish posts at the
frontier.
VII
It is understood that the concession granted by the Convention of
May 28th, 1901 (9 Sefer, 1319, of the Hegira), by the Government
of His Imperial Majesty the Shah of Persia to William Knox D'Arcy
and now being worked, in conformity with the provisions of
Article 9 of the said Convention, by the Anglo-Persian Oil
Company (Limited), having its registered office at Winchester
House, London (the said Convention being referred to hereunder as
"the Convention" in the Annex (B) to the present
Protocol, shall remain in full and unrestricted force throughout
the territories transferred by Persia to Turkey in virtue of the
provisions of the present Protocol and of Annex (B) thereto.
VIII
The Ottoman and Persian Governments will distribute among the
officials on the Frontier a sufficient number of copies of the
delimitation map drawn up by the Commission, together with copies
of translations of the statement provided for in Article XV of
the Commission's Rules of Procedure. It is understood, however,
that the French text alone shall be regarded as authentic.
(Signed) LOUIS MALLET
EHTECHAMOS-SALTANEH MAHMOUD
MICHEL DE FIERS
SAID HALIM
Selections from the Iraqi-Iranian Dispute, 138-145
Rules of procedure of the Delimitation Commission
I
The four commissioners shall enjoy exactly the same rights and
the same prerogatives, whatever their personal rank may be.
The commissioners shall act in rotation as Chairman at meetings
of the Commission.
The same principle of perfect equality shall apply both to the
relations inter se of the deputy commissioners and to the
relations of the other members of the Commission performing
similar functions.
II
The original identic map communicated in 1869-70 to the Ottoman
and Persian Governments shall serve as a topographical basis for
the delimitation.
III
In case of sickness or for any other reason, any commissioner may
be represented on the Commission by his deputy. In such cases,
the deputy shall enjoy all the rights of the commissioner whom he
represents.
IV
The official language of the Commission shall be French.
V
The Commission shall meet once a week, or oftener in case of
need, to take note of the work of delimitation carried out on the
spot.
Minutes shall be kept of every meeting. Such Minutes shall be
read at the beginning of the following meeting and, after having
been duly approved by the commissioners, shall be signed by them.
These Minutes shall contain a detailed description of each
boundary-mark and of the frontier.
The frontier-line, as and when it is finally delimited, shall be
marked on the identic map, which shall be initiated by each
commissioner.
VI
The Commission shall make the necessary arrangements for the work
of the secretariat, which shall be responsible for the drafting
of the Minutes and for any other work that the Commission may
think fit to entrust to it. The members of the secretariat shall
be present at the meeting of the Commission.
VII
Copies of the Minutes shall be communicated in due course by the
commissioners to their respective Governments.
VIII
The nature of the boundary-marks to be set up shall be decided by
the Commission; the cost of their erection shall be divided
equally between the Ottoman and Persian Governments. The costs of
construction shall be approximately fixed for each stage by the
Commission; the sum indicated shall then be paid over, half being
paid by the Ottoman and half by the Persian commissioner, and
shall be expended under the supervision of the Sub-Commission
provided for in Article IX. The Commission shall keep accounts
with a view to the final allocation of the costs between the two
Governments.
IX
As the position of the boundary-marks is finally fixed, the
Commission shall appoint a Sub-Commission to supervise their
erection. This Sub-Commission shall be composed of not less than
two members selected either from among the commissioners or from
among members of the staff. The Sub-Commission shall submit to
the Commission a detailed account of its work at the earliest
possible date.
This report shall be inserted in the Minutes of the Commission.
The Sub-Commission may be appointed in a permanent capacity.
X
In case of need, other special Sub-Commissions may be appointed
by the Commission under the above-mentioned conditions, subject
to the approval of their work by the four commissioners in
plenary session.
XI
Should the commissioners consider it desirable to reinforce their
personal escorts, the Ottoman or Persian commissioner, as the
case may be, shall be responsible for making the necessary
representations to the local authorities.
Each commissioner, with his personal escort, shall have the right
to cross the frontier without restriction.
XII
The Commission shall decide on its movements by joint agreement.
Each commissioner may, however, choose the site for his own camp
on condition that he shall fall in as far as possible with the
movements of the Commission.
XIII
The Commission shall have the right to adjourn the delimitation
of a part of the frontier temporarily for climatic reasons.
Decisions to this effect shall be taken by majority vote.
XIV
As soon as possible after the final completion of the work of the
Commission, copies of the map mentioned in Article II, signed by
all the commissioners, shall be prepared and distributed as
follows: to each of the Governments represented on the
Commission, one copy; to the Turkish Embassy and to the Russian
and British Ministers at Tehran, one copy each; to the
Ambassadors of Great Britain, Persia and Russia at
Constantinople, one copy each.
XV
When supplying the above-mentioned frontier map to the four
Powers, the commissioners shall submit at the same time a
statement giving a detailed description of the frontier; this
description shall follow textually that of the Minutes of the
Commission and shall bear the signatures of the four
Commissioners.
(signed) Louis Mallet
Ethechamos-Saltaneh Mahmud
Michel de Giers
Said Halim
al-Izzi, 217-220
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