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UNITED NATIONS GENERAL ASSEMBLY RESOLUTION 181
November 29, 1947
United Nations General Assembly Resolution 181 called for the
partition of the British-ruled Palestine Mandate into a Jewish state and an Arab
state. It was approved on November 29, 1947 with 33 votes in favor, 13 against,
10 abstentions and one absent (see list at end of document).
The resolution was accepted by the Jews in Palestine, yet rejected by the
Arabs in Palestine and the Arab states.
Text:
The General Assembly,
Having met in special session at the request of the mandatory Power
to constitute and instruct a Special Committee to prepare for the consideration
of the question of the future Government of Palestine at the second regular
session;
Having constituted a Special Committee and instructed it to
investigate all questions and issues relevant to the problem of Palestine, and
to prepare proposals for the solution of the problem, and
Having received and examined the report of the Special Committee
(document A/364)(1) including a number of unanimous recommendations and a plan
of partition with economic union approved by the majority of the Special
Committee,
Considers that the present situation in Palestine is one which is
likely to impair the general welfare and friendly relations among nations;
Takes note of the declaration by the mandatory Power that it plans
to complete its evacuation of Palestine by l August 1948;
Recommends to the United Kingdom, as the mandatory Power for
Palestine, and to all other Members of the United Nations the adoption and
implementation, with regard to the future Government of Palestine, of the Plan
of Partition with Economic Union set out below;
Requests that
- The Security Council take the necessary measures as provided for in the
plan for its implementation;
- The Security Council consider, if circumstances during the transitional
period require such consideration, whether the situation in Palestine
constitutes a threat to the peace. If it decides that such a threat exists,
and in order to maintain international peace and security, the Security
Council should supplement the authorization of the General Assembly by taking
measures, under Articles 39 and 41 of the Charter, to empower the United
Nations Commission, as provided in this resolution, to exercise in Palestine
the functions which are assigned to it by this resolution;
- The Security Council determine as a threat to the peace, breach of the
peace or act of aggression, in accordance with Article 39 of the Charter, any
attempt to alter by force the settlement envisaged by this resolution;
- The Trusteeship Council be informed of the responsibilities envisaged for
it in this plan;
Calls upon the inhabitants of Palestine to take such steps as may be
necessary on their part to put this plan into effect;
Appeals to all Governments and all peoples to refrain from taking
any action which might hamper or delay the carrying out of these
recommendations, and
Authorizes the Secretary-General to reimburse travel and subsistence
expenses of the members of the Commission referred to in Part 1, Section B,
Paragraph I below, on such basis and in such form as he may determine most
appropriate in the circumstances, and to provide the Commission with the
necessary staff to assist in carrying out the functions assigned to the
Commission by the General Assembly.*
The General Assembly,
Authorizes the Secretary-General to draw from the Working Capital
Fund a sum not to exceed 2,000,000 dollars for the purposes set forth in the
last paragraph of the resolution on the future government of Palestine.
PLAN OF PARTITION WITH ECONOMIC UNION
Part I. - Future Constitution and Government of Palestine
A. TERMINATION OF MANDATE, PARTITION AND INDEPENDENCE
- The Mandate for Palestine shall terminate as soon as possible but in any
case not later than 1 August 1948.
- The armed forces of the mandatory Power shall be progressively withdrawn
from Palestine, the withdrawal to be completed as soon as possible but in
any case not later than 1 August 1948.
The mandatory Power shall advise
the Commission, as far in advance as possible, of its intention to terminate
the mandate and to evacuate each area. The mandatory Power shall use its
best endeavours to ensure that an area situated in the territory of the
Jewish State, including a seaport and hinterland adequate to provide
facilities for a substantial immigration, shall be evacuated at the earliest
possible date and in any event not later than 1 February 1948.
- Independent Arab and Jewish States and the Special International Regime
for the City of Jerusalem, set forth in Part III of this Plan, shall come
into existence in Palestine two months after the evacuation of the armed
forces of the mandatory Power has been completed but in any case not later
than 1 October 1948. The boundaries of the Arab State, the Jewish State, and
the City of Jerusalem shall be as described in Parts II and III below.
- The period between the adoption by the General Assembly of its
recommendation on the question of Palestine and the establishment of the
independence of the Arab and Jewish States shall be a transitional
period.
B. STEPS PREPARATORY TO INDEPENDENCE
- A Commission shall be set up consisting of one representative of each of
five Member States. The Members represented on the Commission shall be
elected by the General Assembly on as broad a basis, geographically and
otherwise, as possible.
- The administration of Palestine shall, as the mandatory Power withdraws
its armed forces, be progressively turned over to the Commission, which
shall act in conformity with the recommendations of the General Assembly,
under the guidance of the Security Council. The mandatory Power shall to the
fullest possible extent coordinate its plans for withdrawal with the plans
of the Commission to take over and administer areas which have been
evacuated.
In the discharge of this administrative responsibility the
Commission shall have authority to issue necessary regulations and take
other measures as required. The mandatory Power shall not take any action
to prevent, obstruct or delay the implementation by the Commission of the
measures recommended by the General Assembly.
- On its arrival in Palestine the Commission shall proceed to carry out
measures for the establishment of the frontiers of the Arab and Jewish
States and the City of Jerusalem in accordance with the general lines of the
recommendations of the General Assembly on the partition of Palestine.
Nevertheless, the boundaries as described in Part II of this Plan are to be
modified in such a way that village areas as a rule will not be divided by
state boundaries unless pressing reasons make that necessary.
- The Commission, after consultation with the democratic parties and other
public organizations of the Arab and Jewish States, shall select and
establish in each State as rapidly as possible a Provisional Council of
Government. The activities of both the Arab and Jewish Provisional Councils
of Government shall be carried out under the general direction of the
Commission.
If by 1 April 1948 a Provisional Council of Government cannot
be selected for either of the States, or, if selected, cannot carry out its
functions, the Commission shall communicate that fact to the Security
Council for such action with respect to that State as the Security Council
may deem proper, and to the Secretary-General for communication to the
Members of the United Nations.
- Subject to the provisions of these recommendations, during the
transitional period the Provisional Councils of Government, acting under the
Commission, shall have full authority in the areas under their control
including authority over matters of immigration and land regulation.
- The Provisional Council of Government of each State, acting under the
Commission, shall progressively receive from the Commission full
responsibility for the administration of that State in the period between
the termination of the Mandate and the establishment of the State's
independence.
- The Commission shall instruct the Provisional Councils of Government of
both the Arab and Jewish States, after their formation, to proceed to the
establishment of administrative organs of government, central and local.
- The Provisional Council of Government of each State shall, within the
shortest time possible, recruit an armed militia from the residents of that
State, sufficient in number to maintain internal order and to prevent
frontier clashes.
This armed militia in each State shall, for operational
purposes, be under the command of Jewish or Arab officers resident in that
State, but general political and military control, including the choice of
the militia's High Command, shall be exercised by the Commission.
- The Provisional Council of Government of each State shall, not later
than two months after the withdrawal of the armed forces of the mandatory
Power, hold elections to the Constituent Assembly which shall be conducted
on democratic lines.
The election regulations in each State shall be
drawn up by the Provisional Council of Government and approved by the
Commission. Qualified voters for each State for this election shall be
persons over eighteen years of age who are (a) Palestinian citizens residing
in that State; and (b) Arabs and Jews residing in the State, although not
Palestinian citizens, who, before voting, have signed a notice of intention
to become citizens of such State. Arabs and Jews residing in the City of
Jerusalem who have signed a notice of intention to become citizens, the
Arabs of the Arab State and the Jews of the Jewish State, shall be entitled
to vote in the Arab and Jewish States respectively. Women may vote and be
elected to the Constituent Assemblies. During the transitional period no
Jew shall be permitted to establish residence in the area of the proposed
Arab State, and no Arab shall be permitted to establish residence in the
area of the proposed Jewish State, except by special leave of the
Commission.
- The Constituent Assembly of each State shall draft a democratic
constitution for its State and choose a provisional government to succeed
the Provisional Council of Government appointed by the Commission. The
Constitutions of the States shall embody Chapters 1 and 2 of the Declaration
provided for in section C below and include, inter alia, provisions for:
- Establishing in each State a legislative body elected by universal
suffrage and by secret ballot on the basis of proportional representation,
and an executive body responsible to the legislature;
- Settling all international disputes in which the State may be involved
by peaceful means in such a manner that international peace and security,
and justice, are not endangered;
- Accepting the obligation of the State to refrain in its international
relations from the threat or use of force against the territorial
integrity or political independence of any State, or in any other manner
inconsistent with the purpose of the United Nations;
- Guaranteeing to all persons equal and non-discriminatory rights in
civil, political, economic and religious matters and the enjoyment of
human rights and fundamental freedoms, including freedom of religion,
language, speech and publication, education, assembly and association;
- Preserving freedom of transit and visit for all residents and citizens
of the other State in Palestine and the City of Jerusalem, subject to
considerations of national security, provided that each State shall
control residence within its borders.
- The Commission shall appoint a preparatory economic commission of three
members to make whatever arrangements are possible for economic
co-operation, with a view to establishing, as soon as practicable, the
Economic Union and the Joint Economic Board, as provided in section D below.
- During the period between the adoption of the recommendations on the
question of Palestine by the General Assembly and the termination of the
Mandate, the mandatory Power in Palestine shall maintain full responsibility
for administration in areas from which it has not withdrawn its armed
forces. The Commission shall assist the mandatory Power in the carrying out
of these functions. Similarly the mandatory Power shall co-operate with the
Commission in the execution of its functions.
- With a view to ensuring that there shall be continuity in the
functioning of administrative services and that, on the withdrawal of the
armed forces of the mandatory Power, the whole administration shall be in
the charge of the Provisional Councils and the Joint Economic Board,
respectively, acting under the Commission, there shall be a progressive
transfer, from the mandatory Power to the Commission, of responsibility for
all the functions of government, including that of maintaining law and order
in the areas from which the forces of the mandatory Power have been
withdrawn.
- The Commission shall be guided in its activities by the recommendations
of the General Assembly and by such instructions as the Security Council may
consider necessary to issue.
The measures taken by the Commission, within
the recommendations of the General Assembly, shall become immediately
effective unless the Commission has previously received contrary
instructions from the Security Council. The Commission shall render
periodic monthly progress reports, or more frequently if desirable, to the
Security Council.
- The Commission shall make its final report to the next regular session
of the General Assembly and to the Security Council
simultaneously.
C. DECLARATION
A declaration shall be made to the United Nations by the Provisional
Government of each proposed State before independence. It shall contain, inter
alia, the following clauses:
General Provision
The stipulations contained in the Declaration are recognized as fundamental
laws of the State and no law, regulation or official action shall conflict or
interfere with these stipulations, nor shall any law, regulation or official
action prevail over them.
Chapter I: Holy Places, Religious Buildings and Sites
- Existing rights in respect of Holy Places and religious buildings or
sites shall not be denied or impaired.
- In so far as Holy Places are concerned, the liberty of access, visit,
and transit shall be guaranteed, in conformity with existing rights, to all
residents and citizen of the other State and of the City of Jerusalem, as
well as to aliens, without distinction as to nationality, subject to
requirements of national security, public order and decorum.
Similarly,
freedom of worship shall be guaranteed in conformity with existing rights,
subject to the maintenance of public order and decorum.
- Holy Places and religious buildings or sites shall be preserved. No act
shall be permitted which may in an way impair their sacred character. If at
any time it appears to the Government that any particular Holy Place,
religious, building or site is in need of urgent repair, the Government may
call upon the community or communities concerned to carry out such repair.
The Government may carry it out itself at the expense of the community or
community concerned if no action is taken within a reasonable time.
- No taxation shall be levied in respect of any Holy Place, religious
building or site which was exempt from taxation on the date of the creation
of the State.
No change in the incidence of such taxation shall be made
which would either discriminate between the owners or occupiers of Holy
Places, religious buildings or sites, or would place such owners or
occupiers in a position less favourable in relation to the general incidence
of taxation than existed at the time of the adoption of the Assembly's
recommendations.
- The Governor of the City of Jerusalem shall have the right to determine
whether the provisions of the Constitution of the State in relation to Holy
Places, religious buildings and sites within the borders of the State and
the religious rights appertaining thereto, are being properly applied and
respected, and to make decisions on the basis of existing rights in cases of
disputes which may arise between the different religious communities or the
rites of a religious community with respect to such places, buildings and
sites. He shall receive full co-operation and such privileges and immunities
as are necessary for the exercise of his functions in the State.
Chapter 2: Religious and Minority Rights
- Freedom of conscience and the free exercise of all forms of worship,
subject only to the maintenance of public order and morals, shall be ensured
to all.
- No discrimination of any kind shall be made between the inhabitants on
the ground of race, religion, language or sex.
- All persons within the jurisdiction of the State shall be entitled to
equal protection of the laws.
- The family law and personal status of the various minorities and their
religious interests, including endowments, shall be respected.
- Except as may be required for the maintenance of public order and good
government, no measure shall be taken to obstruct or interfere with the
enterprise of religious or charitable bodies of all faiths or to
discriminate against any representative or member of these bodies on the
ground of his religion or nationality.
- The State shall ensure adequate primary and secondary education for the
Arab and Jewish minority, respectively, in its own language and its cultural
traditions.
The right of each community to maintain its own schools for
the education of its own members in its own language, while conforming to
such educational requirements of a general nature as the State may impose,
shall not be denied or impaired. Foreign educational establishments shall
continue their activity on the basis of their existing rights.
- No restriction shall be imposed on the free use by any citizen of the
State of any language in private intercourse, in commerce, in religion, in
the Press or in publications of any kind, or at public meetings.(3)
- No expropriation of land owned by an Arab in the Jewish State (by a Jew
in the Arab State)(4) shall be allowed except for public purposes. In all
cases of expropriation full compensation as fixed by the Supreme Court shall
be said previous to dispossession.
Chapter 3: Citizenship, International Conventions and Financial
Obligations
1. Citizenship Palestinian citizens residing in Palestine outside
the City of Jerusalem, as well as Arabs and Jews who, not holding Palestinian
citizenship, reside in Palestine outside the City of Jerusalem shall, upon the
recognition of independence, become citizens of the State in which they are
resident and enjoy full civil and political rights. Persons over the age of
eighteen years may opt, within one year from the date of recognition of
independence of the State in which they reside, for citizenship of the other
State, providing that no Arab residing in the area of the proposed Arab State
shall have the right to opt for citizenship in the proposed Jewish State and no
Jew residing in the proposed Jewish State shall have the right to opt for
citizenship in the proposed Arab State. The exercise of this right of option
will be taken to include the wives and children under eighteen years of age of
persons so opting.
Arabs residing in the area of the proposed Jewish State and Jews residing in
the area of the proposed Arab State who have signed a notice of intention to opt
for citizenship of the other State shall be eligible to vote in the elections to
the Constituent Assembly of that State, but not in the elections to the
Constituent Assembly of the State in which they reside.
2. International conventions
- The State shall be bound by all the international agreements and
conventions, both general and special, to which Palestine has become a
party. Subject to any right of denunciation provided for therein, such
agreements and conventions shall be respected by the State throughout the
period for which they were concluded.
- Any dispute about the applicability and continued validity of
international conventions or treaties signed or adhered to by the mandatory
Power on behalf of Palestine shall be referred to the International Court of
Justice in accordance with the provisions of the Statute of the
Court.
3. Financial obligations
- The State shall respect and fulfil all financial obligations of whatever
nature assumed on behalf of Palestine by the mandatory Power during the
exercise of the Mandate and recognized by the State. This provision includes
the right of public servants to pensions, compensation or gratuities.
- These obligations shall be fulfilled through participation in the Joint
Economic Board in respect of those obligations applicable to Palestine as a
whole, and individually in respect of those applicable to, and fairly
apportionable between, the States.
- A Court of Claims, affiliated with the Joint Economic Board, and
composed of one member appointed by the United Nations, one representative
of the United Kingdom and one representative of the State concerned, should
be established. Any dispute between the United Kingdom and the State
respecting claims not recognized by the latter should be referred to that
Court.
- Commercial concessions granted in respect of any part of Palestine prior
to the adoption of the resolution by the General Assembly shall continue to
be valid according to their terms, unless modified by agreement between the
concession-holders and the State.
Chapter 4: Miscellaneous Provisions
- The provisions of chapters 1 and 2 of the declaration shall be under the
guarantee of the United Nations, and no modifications shall be made in them
without the assent of the General Assembly of the United Nations. Any Member
of the United Nations shall have the right to bring to the attention of the
General Assembly any infraction or danger of infraction of any of these
stipulations, and the General Assembly may thereupon make such
recommendations as it may deem proper in the circumstances.
- Any dispute relating to the application or interpretation of this
declaration shall be referred, at the request of either party, to the
International Court of Justice, unless the parties agree to another mode of
settlement.
D. ECONOMIC UNION AND TRANSIT
- The Provisional Council of Government of each State shall enter into an
undertaking with respect to Economic Union and Transit. This undertaking
shall be drafted by the Commission provided for in section B, paragraph 1,
utilizing to the greatest possible extent the advice and cooperation of
representative organizations and bodies from each of the proposed States. It
shall contain provisions to establish the Economic Union of Palestine and
provide for other matters of common interest. If by 1 April 1948 the
Provisional Councils of Government have not entered into the undertaking,
the undertaking shall be put into force by the Commission.
The Economic Union of Palestine
- The objectives of the Economic Union of Palestine shall be:
- A customs union;
- A joint currency system providing for a single foreign exchange rate;
- Operation in the common interest on a non-discriminatory basis of
railways inter-State highways; postal, telephone and telegraphic services
and ports and airports involved in international trade and commerce;
- Joint economic development, especially in respect of irrigation, land
reclamation and soil conservation;
- Access for both States and for the City of Jerusalem on a
non-discriminatory basis to water and power facilities.
- There shall be established a Joint Economic Board, which shall consist
of three representatives of each of the two States and three foreign members
appointed by the Economic and Social Council of the United Nations. The
foreign members shall be appointed in the first instance for a term of three
years; they shall serve as individuals and not as representatives of States.
- The functions of the Joint Economic Board shall be to implement either
directly or by delegation the measures necessary to realize the objectives
of the Economic Union. It shall have all powers of organization and
administration necessary to fulfil its functions.
- The States shall bind themselves to put into effect the decisions of the
Joint Economic Board. The Board's decisions shall be taken by a majority
vote.
- In the event of failure of a State to take the necessary action the
Board may, by a vote of six members, decide to withhold an appropriate
portion of the part of the customs revenue to which the State in question is
entitled under the Economic Union. Should the State persist in its failure
to cooperate, the Board may decide by a simple majority vote upon such
further sanctions, including disposition of funds which it has withheld, as
it may deem appropriate.
- In relation to economic development, the functions of the Board shall be
planning, investigation and encouragement of joint development projects, but
it shall not undertake such projects except with the assent of both States
and the City of Jerusalem, in the event that Jerusalem is directly involved
in the development project.
- In regard to the joint currency system, the currencies circulating in
the two States and the City of Jerusalem shall be issued under the authority
of the Joint Economic Board, which shall be the sole issuing authority and
which shall determine the reserves to be held against such currencies.
- So far as is consistent with paragraph 2(b) above, each State may
operate its own central bank, control its own fiscal and credit policy, its
foreign exchange receipts and expenditures, the grant of import licences,
and may conduct international financial operations on its own faith and
credit. During the first two years after the termination of the Mandate, the
Joint Economic Board shall have the authority to take such measures as may
be necessary to ensure that - to the extent that the total foreign exchange
revenues of the two States from the export of goods and services permit, and
provided that each State takes appropriate measures to conserve its own
foreign exchange resources - each State shall have available, in any twelve
months' period, foreign exchange sufficient to assure the supply of
quantities of imported goods and services for consumption in its territory
equivalent to the quantities of such goods and services consumed in that
territory in the twelve months' period ending 31 December 1947.
- All economic authority not specifically vested in the Joint Economic
Board is reserved to each State.
- There shall be a common customs tariff with complete freedom of trade
between the States, and between the States and the City of Jerusalem.
- The tariff schedules shall be drawn up by a Tariff Commission,
consisting of representatives of each of the States in equal numbers, and
shall be submitted to the Joint Economic Board for approval by a majority
vote. In case of disagreement in the Tariff Commission, the Joint Economic
Board shall arbitrate the points of difference. In the event that the Tariff
Commission fails to draw up any schedule by a date to be fixed, the Joint
Economic Board shall determine the tariff schedule.
- The following items shall be a first charge on the customs and other
common revenue of the Joint Economic Board:
- The expenses of the customs service and of the operation of the joint
services;
- The administrative expenses of the Joint Economic Board;
- The financial obligations of the Administration of Palestine,
consisting of:
- The service of the outstanding public debt;
- The cost of superannuation benefits, now being paid or falling due
in the future, in accordance with the rules and to the extent
established by paragraph 3 of chapter 3 above.
- After these obligations have been met in full, the surplus revenue from
the customs and other common services shall be divided in the following
manner: not less than 5 per cent and not more than 10 per cent to the City
of Jerusalem; the residue shall be allocated to each State by the Joint
Economic Board equitably, with the objective of maintaining a sufficient and
suitable level of government and social services in each State, except that
the share of either State shall not exceed the amount of that State's
contribution to the revenues of the Economic Union by more than
approximately four million pounds in any year. The amount granted may be
adjusted by the Board according to the price level in relation to the prices
prevailing at the time of the establishment of the Union. After five years,
the principles of the distribution of the joint revenue may be revised by
the Joint Economic Board on a basis of equity.
- All international conventions and treaties affecting customs tariff
rates, and those communications services under the jurisdiction of the Joint
Economic Board, shall be entered into by both States. In these matters, the
two States shall be bound to act in accordance with the majority of the
Joint Economic Board.
- The Joint Economic Board shall endeavour to secure for Palestine's
exports fair and equal access to world markets.
- All enterprises operated by the Joint Economic Board shall pay fair
wages on a uniform basis.
Freedom of Transit and Visit
- The undertaking shall contain provisions preserving freedom of transit
and visit for all residents or citizens of both States and of the City of
Jerusalem, subject to security considerations; provided that each State and
the City shall control residence within its borders.
Termination, Modification and Interpretation of the Undertaking
- The undertaking and any treaty issuing therefrom shall remain in force
for a period of ten years. It shall continue in force until notice of
termination, to take effect two years thereafter, is given by either of the
parties.
- During the initial ten-year period, the undertaking and any treaty
issuing therefrom may not be modified except by consent of both parties and
with the approval of the General Assembly.
- Any dispute relating to the application or the interpretation of the
undertaking and any treaty issuing therefrom shall be referred, at the
request of either party, to the International Court Of Justice, unless the
parties agree to another mode of settlement.
E. ASSETS
- The movable assets of the Administration of Palestine shall be allocated
to the Arab and Jewish States and the City of Jerusalem on an equitable
basis. Allocations should be made by the United Nations Commission referred
to iii section B, paragraph 1, above. Immovable assets shall become the
property of the government of the territory in which they are situated.
- During the period between the appointment of the United Nations
Commission and the termination of the Mandate, the mandatory Power shall,
except in respect of ordinary operations, consult with the Commission on any
measure which it may contemplate involving the liquidation, disposal or
encumbering of the assets of the Palestine Government, such as the
accumulated treasury surplus, the proceeds of Government bond issues, State
lands or any other asset.
F. ADMISSION TO MEMBERSHIP IN THE UNITED NATIONS
When the independence of either the Arab or the Jewish State as envisaged in
this plan has become effective and the declaration and undertaking, as envisaged
in this plan, have been signed by either of them, sympathetic consideration
should be given to its application for admission to membership in the United
Nations in accordance with article 4 of the Charter of the United Nations.
Part II. - Boundaries
A. THE ARAB STATE
The area of the Arab State in Western Galilee is bounded on the west by the
Mediterranean and on the north by the frontier of the Lebanon from Ras en Naqura
to a point north of Saliha. From there the boundary proceeds southwards, leaving
the built-up area of Saliha in the Arab State, to join the southernmost point of
this village. There it follows the western boundary line of the villages of
'Alma, Rihaniya and Teitaba, thence following the northern boundary line of
Meirun village to join the Acre-Safad Sub-District boundary line. It follows
this line to a point west of Es Sammu'i village and joins it again at the
northernmost point of Farradiya. Thence it follows the sub-district boundary
line to the Acre-Safad main road. From here it follows the western boundary of
Kafr-I'nan village until it reaches the Tiberias-Acre Sub-District boundary
line, passing to the west of the junction of the Acre-Safad and
Lubiya-Kafr-I'nan roads. From the south-west corner of Kafr-I'nan village the
boundary line follows the western boundary of the Tiberias Sub-District to a
point close to the boundary line between the villages of Maghar and 'Eilabun,
thence bulging out to the west to include as much of the eastern part of the
plain of Battuf as is necessary for the reservoir proposed by the Jewish Agency
for the irrigation of lands to the south and east.
The boundary rejoins the Tiberias Sub-District boundary at a point on the
Nazareth-Tiberias road south-east of the built-up area of Tur'an; thence it runs
southwards, at first following the sub-district boundary and then passing
between the Kadoorie Agricultural School and Mount Tabor, to a point due south
at the base of Mount Tabor. From here it runs due west, parallel to the
horizontal grid line 230, to the north-east corner of the village lands of Tel
Adashim. It then runs to the northwest corner of these lands, whence it turns
south and west so as to include in the Arab State the sources of the Nazareth
water supply in Yafa village. On reaching Ginneiger it follows the eastern,
northern and western boundaries of the lands of this village to their south-west
comer, whence it proceeds in a straight line to a point on the Haifa-Afula
railway on the boundary between the villages of Sarid and El-Mujeidil. This is
the point of intersection. The south-western boundary of the area of the Arab
State in Galilee takes a line from this point, passing northwards along the
eastern boundaries of Sarid and Gevat to the north-eastern corner of Nahalal,
proceeding thence across the land of Kefar ha Horesh to a central point on the
southern boundary of the village of 'Ilut, thence westwards along that village
boundary to the eastern boundary of Beit Lahm, thence northwards and
north-eastwards along its western boundary to the north-eastern corner of
Waldheim and thence north-westwards across the village lands of Shafa 'Amr to
the southeastern corner of Ramat Yohanan. From here it runs due north-north-east
to a point on the Shafa 'Amr-Haifa road, west of its junction with the road of
I'billin. From there it proceeds north-east to a point on the southern boundary
of I'billin situated to the west of the I'billin-Birwa road. Thence along that
boundary to its westernmost point, whence it turns to the north, follows across
the village land of Tamra to the north-westernmost corner and along the western
boundary of Julis until it reaches the Acre-Safad road. It then runs westwards
along the southern side of the Safad-Acre road to the Galilee-Haifa District
boundary, from which point it follows that boundary to the sea.
The boundary of the hill country of Samaria and Judea starts on the Jordan
River at the Wadi Malih south-east of Beisan and runs due west to meet the
Beisan-Jericho road and then follows the western side of that road in a
north-westerly direction to the junction of the boundaries of the Sub-Districts
of Beisan, Nablus, and Jenin. From that point it follows the Nablus-Jenin
sub-District boundary westwards for a distance of about three kilometres and
then turns north-westwards, passing to the east of the built-up areas of the
villages of Jalbun and Faqqu'a, to the boundary of the Sub-Districts of Jenin
and Beisan at a point northeast of Nuris. Thence it proceeds first
northwestwards to a point due north of the built-up area of Zie'in and then
westwards to the Afula-Jenin railway, thence north-westwards along the District
boundary line to the point of intersection on the Hejaz railway. From here the
boundary runs southwestwards, including the built-up area and some of the land
of the village of Kh. Lid in the Arab State to cross the Haifa-Jenin road at a
point on the district boundary between Haifa and Samaria west of El- Mansi. It
follows this boundary to the southernmost point of the village of El-Buteimat.
From here it follows the northern and eastern boundaries of the village of
Ar'ara rejoining the Haifa-Samaria district boundary at Wadi 'Ara, and thence
proceeding south-south-westwards in an approximately straight line joining up
with the western boundary of Qaqun to a point east of the railway line on the
eastern boundary of Qaqun village. From here it runs along the railway line some
distance to the east of it to a point just east of the Tulkarm railway station.
Thence the boundary follows a line half-way between the railway and the
Tulkarm-Qalqiliya-Jaljuliya and Ras El-Ein road to a point just east of Ras
El-Ein station, whence it proceeds along the railway some distance to the east
of it to the point on the railway line south of the junction of the Haifa-Lydda
and Beit Nabala lines, whence it proceeds along the southern border of Lydda
airport to its south-west corner, thence in a south-westerly direction to a
point just west of the built-up area of Sarafand El 'Amar, whence it turns
south, passing just to the west of the built-up area of Abu El-Fadil to the
north-east corner of the lands of Beer Ya'aqov. (The boundary line should be so
demarcated as to allow direct access from the Arab State to the airport.) Thence
the boundary line follows the western and southern boundaries of Ramle village,
to the north-east corner of El Na'ana village, thence in a straight line to the
southernmost point of El Barriya, along the eastern boundary of that village and
the southern boundary of 'Innaba village. Thence it turns north to follow the
southern side of the Jaffa-Jerusalem road until El-Qubab, whence it follows the
road to the boundary of Abu-Shusha. It runs along the eastern boundaries of Abu
Shusha, Seidun, Hulda to the southernmost point of Hulda, thence westwards in a
straight line to the north-eastern corner of Umm Kalkha, thence following the
northern boundaries of Umm Kalkha, Qazaza and the northern and western
boundaries of Mukhezin to the Gaza District boundary and thence runs across the
village lands of El-Mismiya El-Kabira, and Yasur to the southern point of
intersection, which is midway between the built-up areas of Yasur and Batani
Sharqi.
From the southern point of intersection the boundary lines run
north-westwards between the villages of Gan Yavne and Barqa to the sea at a
point half way between Nabi Yunis and Minat El-Qila, and south-eastwards to a
point west of Qastina, whence it turns in a south-westerly direction, passing to
the east of the built-up areas of Es Sawafir Esh Sharqiya and 'Ibdis. From the
south-east corner of 'Ibdis village it runs to a point southwest of the built-up
area of Beit 'Affa, crossing the Hebron-El-Majdal road just to the west of the
built-up area of 'Iraq Suweidan. Thence it proceeds southward along the western
village boundary of El-Faluja to the Beersheba Sub-District boundary. It then
runs across the tribal lands of 'Arab El-Jubarat to a point on the boundary
between the Sub-Districts of Beersheba and Hebron north of Kh. Khuweilifa,
whence it proceeds in a south-westerly direction to a point on the
Beersheba-Gaza main road two kilometres to the north-west of the town. It then
turns south-eastwards to reach Wadi Sab' at a point situated one kilometer to
the west of it. From here it turns north-eastwards and proceeds along Wadi Sab'
and along the Beersheba-Hebron road for a distance of one kilometer, whence it
turns eastwards and runs in a straight line to Kh. Kuseifa to join the
Beersheba-Hebron Sub-District boundary. It then follows the Beersheba-Hebron
boundary eastwards to a point north of Ras Ez-Zuweira, only departing from it so
as to cut across the base of the indentation between vertical grid lines 150 and
160.
About five kilometres north-east of Ras Ez-Zuweira it turns north, excluding
from the Arab State a strip along the coast of the Dead Sea not more than seven
kilometres in depth, as far as 'Ein Geddi, whence it turns due east to join the
Transjordan frontier in the Dead Sea.
The northern boundary of the Arab section of the coastal plain runs from a
point between Minat El-Qila and Nabi Yunis, passing between the built-up areas
of Gan Yavne and Barqa to the point of intersection. From here it turns
south-westwards, running across the lands of Batani Sharqi, along the eastern
boundary of the lands of Beit Daras and across the lands of Julis, leaving the
built-up areas of Batani Sharqi and Julis to the westwards, as far as the
north-west corner of the lands of Beit-Tima. Thence it runs east of El-Jiya
across the village lands of El-Barbara along the eastern boundaries of the
villages of Beit Jirja, Deir Suneid and Dimra. From the south-east corner of
Dimra the boundary passes across the lands of Beit Hanun, leaving the Jewish
lands of Nir-Am to the eastwards. From the south-east corner of Beit Hanun the
line runs south-west to a point south of the parallel grid line 100, then turns
north-west for two kilometres, turning again in a southwesterly direction and
continuing in an almost straight line to the north-west corner of the village
lands of Kirbet Ikhza'a. From there it follows the boundary line of this village
to its southernmost point. It then runs in a southerly direction along the
vertical grid line 90 to its junction with the horizontal grid line 70. It then
turns south-eastwards to Kh. El-Ruheiba and then proceeds in a southerly
direction to a point known as El-Baha, beyond which it crosses the Beersheba-EI
'Auja main road to the west of Kh. El-Mushrifa. From there it joins Wadi
El-Zaiyatin just to the west of El-Subeita. From there it turns to the
north-east and then to the south-east following this Wadi and passes to the east
of 'Abda to join Wadi Nafkh. It then bulges to the south-west along Wadi Nafkh,
Wadi 'Ajrim and Wadi Lassan to the point where Wadi Lassan crosses the Egyptian
frontier.
The area of the Arab enclave of Jaffa consists of that part of the
town-planning area of Jaffa which lies to the west of the Jewish quarters lying
south of Tel-Aviv, to the west of the continuation of Herzl street up to its
junction with the Jaffa-Jerusalem road, to the south-west of the section of the
Jaffa-Jerusalem road lying south-east of that junction, to the west of Miqve
Yisrael lands, to the northwest of Holon local council area, to the north of the
line linking up the north-west corner of Holon with the northeast corner of Bat
Yam local council area and to the north of Bat Yam local council area. The
question of Karton quarter will be decided by the Boundary Commission, bearing
in mind among other considerations the desirability of including the smallest
possible number of its Arab inhabitants and the largest possible number of its
Jewish inhabitants in the Jewish State.
B. THE JEWISH STATE
The north-eastern sector of the Jewish State (Eastern Galilee) is bounded on
the north and west by the Lebanese frontier and on the east by the frontiers of
Syria and Trans-jordan. It includes the whole of the Huleh Basin, Lake Tiberias,
the whole of the Beisan Sub-District, the boundary line being extended to the
crest of the Gilboa mountains and the Wadi Malih. From there the Jewish State
extends north-west, following the boundary described in respect of the Arab
State. The Jewish section of the coastal plain extends from a point between
Minat El-Qila and Nabi Yunis in the Gaza Sub-District and includes the towns of
Haifa and Tel-Aviv, leaving Jaffa as an enclave of the Arab State. The eastern
frontier of the Jewish State follows the boundary described in respect of the
Arab State.
The Beersheba area comprises the whole of the Beersheba Sub-District,
including the Negeb and the eastern part of the Gaza Sub-District, but excluding
the town of Beersheba and those areas described in respect of the Arab State. It
includes also a strip of land along the Dead Sea stretching from the
Beersheba-Hebron Sub-District boundary line to 'Ein Geddi, as described in
respect of the Arab State.
C. THE CITY OF JERUSALEM
The boundaries of the City of Jerusalem are as defined in the recommendations
on the City of Jerusalem. (See Part III, section B, below).
Part III. - City of Jerusalem(5)
A. SPECIAL REGIME
The City of Jerusalem shall be established as a corpus separatum under a
special international regime and shall be administered by the United Nations.
The Trusteeship Council shall be designated to discharge the responsibilities of
the Administering Authority on behalf of the United Nations.
B. BOUNDARIES OF THE CITY
The City of Jerusalem shall include the present municipality of Jerusalem
plus the surrounding villages and towns, the most eastern of which shall be Abu
Dis; the most southern, Bethlehem; the most western, 'Ein Karim (including also
the built-up area of Motsa); and the most northern Shu'fat, as indicated on the
attached sketch-map (Annex B).
C. STATUTE OF THE CITY
The Trusteeship Council shall, within five months of the approval of the
present plan, elaborate and approve a detailed statute of the City which shall
contain, inter alia, the substance of the following provisions:
- Government machinery; special objectives. The Administering Authority in
discharging its administrative obligations shall pursue the following
special objectives:
- To protect and to preserve the unique spiritual and religious
interests located in the city of the three great monotheistic faiths
throughout the world, Christian, Jewish and Moslem; to this end to ensure
that order and peace, and especially religious peace, reign in Jerusalem;
- To foster cooperation among all the inhabitants of the city in their
own interests as well as in order to encourage and support the peaceful
development of the mutual relations between the two Palestinian peoples
throughout the Holy Land; to promote the security, well-being and any
constructive measures of development of the residents having regard to the
special circumstances and customs of the various peoples and
communities.
- Governor and Administrative staff. A Governor of the City of Jerusalem
shall be appointed by the Trusteeship Council and shall be responsible to
it. He shall be selected on the basis of special qualifications and without
regard to nationality. He shall not, however, be a citizen of either State
in Palestine.
The Governor shall represent the United Nations in the City
and shall exercise on their behalf all powers of administration, including
the conduct of external affairs. He shall be assisted by an administrative
staff classed as international officers in the meaning of Article 100 of the
Charter and chosen whenever practicable from the residents of the city and
of the rest of Palestine on a non-discriminatory basis. A detailed plan for
the organization of the administration of the city shall be submitted by the
Governor to the Trusteeship Council and duly approved by it.
- 3. Local autonomy
- The existing local autonomous units in the territory of the city
(villages, townships and municipalities) shall enjoy wide powers of local
government and administration.
- The Governor shall study and submit for the consideration and decision
of the Trusteeship Council a plan for the establishment of special town
units consisting, respectively, of the Jewish and Arab sections of new
Jerusalem. The new town units shall continue to form part the present
municipality of Jerusalem.
- Security measures
- The City of Jerusalem shall be demilitarized; neutrality shall be
declared and preserved, and no para-military formations, exercises or
activities shall be permitted within its borders.
- Should the administration of the City of Jerusalem be seriously
obstructed or prevented by the non-cooperation or interference of one or
more sections of the population the Governor shall have authority to take
such measures as may be necessary to restore the effective functioning of
administration.
- To assist in the maintenance of internal law and order, especially for
the protection of the Holy Places and religious buildings and sites in the
city, the Governor shall organize a special police force of adequate
strength, the members of which shall be recruited outside of Palestine.
The Governor shall be empowered to direct such budgetary provision as may
be necessary for the maintenance of this force.
- Legislative Organization.
A Legislative Council, elected by adult
residents of the city irrespective of nationality on the basis of universal
and secret suffrage and proportional representation, shall have powers of
legislation and taxation. No legislative measures shall, however, conflict
or interfere with the provisions which will be set forth in the Statute of
the City, nor shall any law, regulation, or official action prevail over
them. The Statute shall grant to the Governor a right of vetoing bills
inconsistent with the provisions referred to in the preceding sentence. It
shall also empower him to promulgate temporary ordinances in case the
Council fails to adopt in time a bill deemed essential to the normal
functioning of the administration.
- Administration of Justice.
The Statute shall provide for the
establishment of an independent judiciary system, including a court of
appeal. All the inhabitants of the city shall be subject to it.
- Economic Union and Economic Regime.
The City of Jerusalem shall be
included in the Economic Union of Palestine and be bound by all stipulations
of the undertaking and of any treaties issued therefrom, as well as by the
decisions of the Joint Economic Board. The headquarters of the Economic
Board shall be established in the territory City. The Statute shall provide
for the regulation of economic matters not falling within the regime of the
Economic Union, on the basis of equal treatment and non-discrimination for
all members of thc United Nations and their nationals.
- Freedom of Transit and Visit: Control of residents.
Subject to
considerations of security, and of economic welfare as determined by the
Governor under the directions of the Trusteeship Council, freedom of entry
into, and residence within the borders of the City shall be guaranteed for
the residents or citizens of the Arab and Jewish States. Immigration into,
and residence within, the borders of the city for nationals of other States
shall be controlled by the Governor under the directions of the Trusteeship
Council.
- Relations with Arab and Jewish States. Representatives of the Arab and
Jewish States shall be accredited to the Governor of the City and charged
with the protection of the interests of their States and nationals in
connection with the international administration of thc City.
- Official languages.
Arabic and Hebrew shall be the official languages
of the city. This will not preclude the adoption of one or more additional
working languages, as may be required.
- Citizenship.
All the residents shall become ipso facto citizens of
the City of Jerusalem unless they opt for citizenship of the State of which
they have been citizens or, if Arabs or Jews, have filed notice of intention
to become citizens of the Arab or Jewish State respectively, according to
Part 1, section B, paragraph 9, of this Plan. The Trusteeship Council
shall make arrangements for consular protection of the citizens of the City
outside its territory.
- Freedoms of citizens
- Subject only to the requirements of public order and morals, the
inhabitants of the City shall be ensured the enjoyment of human rights and
fundamental freedoms, including freedom of conscience, religion and
worship, language, education, speech and press, assembly and association,
and petition.
- No discrimination of any kind shall be made between the inhabitants on
the grounds of race, religion, language or sex.
- All persons within the City shall be entitled to equal protection of
the laws.
- The family law and personal status of the various persons and
communities and their religious interests, including endowments, shall be
respected.
- Except as may be required for the maintenance of public order and good
government, no measure shall be taken to obstruct or interfere with the
enterprise of religious or charitable bodies of all faiths or to
discriminate against any representative or member of these bodies on the
ground of his religion or nationality.
- The City shall ensure adequate primary and secondary education for the
Arab and Jewish communities respectively, in their own languages and in
accordance with their cultural traditions.
The right of each community
to maintain its own schools for the education of its own members in its
own language, while conforming to such educational requirements of a
general nature as the City may impose, shall not be denied or impaired.
Foreign educational establishments shall continue their activity on the
basis of their existing rights.
- No restriction shall be imposed on the free use by any inhabitant of
the City of any language in private intercourse, in commerce, in religion,
in the Press or in publications of any kind, or at public meetings.
- Holy Places
- Existing rights in respect of Holy Places and religious buildings or
sites shall not be denied or impaired.
- Free access to the Holy Places and religious buildings or sites and
the free exercise of worship shall be secured in conformity with existing
rights and subject to the requirements of public order and decorum.
- Holy Places and religious buildings or sites shall be preserved. No
act shall be permitted which may in any way impair their sacred character.
If at any time it appears to the Governor that any particular Holy Place,
religious building or site is in need of urgent repair, the Governor may
call upon the community or communities concerned to carry out such repair.
The Governor may carry it out himself at the expense of the community or
communities concerned if no action is taken within a reasonable time.
- No taxation shall be levied in respect of any Holy Place, religious
building or site which was exempt from taxation on the date of the
creation of the City. No change in the incidence of such taxation shall be
made which would either discriminate between the owners or occupiers of
Holy Places, religious buildings or sites or would place such owners or
occupiers in a position less favourable in relation to the general
incidence of taxation than existed at the time of the adoption of the
Assembly's recommendations.
- Special powers of the Governor in respect of the Holy Places, religious
buildings and sites in the City and in any part of Palestine.
- The protection of the Holy Places, religious buildings and sites
located in the City of Jerusalem shall be a special concern of the
Governor.
- With relation to such places, buildings and sites in Palestine outside
the city, the Governor shall determine, on the ground of powers granted to
him by the Constitution of both States, whether the provisions of the
Constitution of the Arab and Jewish States in Palestine dealing therewith
and the religious rights appertaining thereto are being properly applied
and respected.
- The Governor shall also be empowered to make decisions on the basis of
existing rights in cases of disputes which may arise between the different
religious communities or the rites of a religious community in respect of
the Holy Places, religious buildings and sites in any part of
Palestine.
In this task he may be assisted by a consultative council of
representatives of different denominations acting in an advisory
capacity.
D. DURATION OF THE SPECIAL REGIME
The Statute elaborated by the Trusteeship Council the aforementioned
principles shall come into force not later than 1 October 1948. It shall remain
in force in the first instance for a period of ten years, unless the Trusteeship
Council finds it necessary to undertake a re-examination of these provisions at
an earlier date. After the expiration of this period the whole scheme shall be
subject to examination by the Trusteeship Council in the light of experience
acquired with its functioning. The residents the City shall be then free to
express by means of a referendum their wishes as to possible modifications of
regime of the City.
Part IV. Capitulations
States whose nationals have in the past enjoyed in Palestine the privileges
and immunities of foreigners, including the benefits of consular jurisdiction
and protection, as formerly enjoyed by capitulation or usage in the Ottoman
Empire, are invited to renounce any right pertaining to them to the
re-establishment of such privileges and immunities in the proposed Arab and
Jewish States and the City of Jerusalem.
Adopted at the 128th plenary meeting:
In favour: 33
Australia, Belgium, Bolivia, Brazil, Byelorussian S.S.R., Canada, Costa Rica,
Czechoslovakia, Denmark, Dominican Republic, Ecuador, France, Guatemala, Haiti,
Iceland, Liberia, Luxemburg, Netherlands, New Zealand, Nicaragua, Norway,
Panama, Paraguay, Peru, Philippines, Poland, Sweden, Ukrainian S.S.R., Union of
South Africa, U.S.A., U.S.S.R., Uruguay, Venezuela.
Against: 13
Afghanistan, Cuba, Egypt, Greece, India, Iran, Iraq, Lebanon, Pakistan, Saudi
Arabia, Syria, Turkey, Yemen.
Abstained: 10
Argentina, Chile, China, Colombia, El Salvador, Ethiopia, Honduras, Mexico,
United Kingdom, Yugoslavia.
(1) See Official Records of the General Assembly, Second Session Supplement
No. 11,Volumes l-lV.
* At its hundred and twenty-eighth plenary meeting on 29 November 1947 the
General Assembly, in accordance with the terms of the above resolution, elected
the following members of the United Nations Commission on Palestine: Bolivia,
Czechoslovakia, Denmark, Panama, and Philippines.
(2) This resolution was adopted without reference to a Committee.
(3) The following stipulation shall be added to the declaration concerning
the Jewish State: "In the Jewish State adequate facilities shall be given to
Arabic-speaking citizens for the use of their language, either orally or in
writing, in the legislature, before the Courts and in the administration."
(4) In the declaration concerning the Arab State, the words "by an Arab in
the Jewish State" should be replaced by the words "by a Jew in the Arab State."
(5) On the question of the internationalization of Jerusalem, see also
General Assembly resolutions 185 (S-2) of 26 April 1948; 187 (S-2) of 6 May
1948, 303 (lV) of 9 December 1949, and resolutions of the Trusteeship Council
(Section IV).
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