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 1 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
(a) The Security Council take the necessary
measures as provided for in the plan for its implementation;
(b) 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;
(c) 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;
(d) 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 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 I, Section B, paragraph
1 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.
B 2/
The
General Assembly
Authorizes the Secretary-General to draw from the Working Capital Fund a sum not
to exceed $2,000,000 for the purposes set forth in the last paragraph
of the resolution on the future government of Palestine.
Hundred and twenty-eighth plenary meeting
29 November 1947
[At its hundred and
twenty-eighth plenary meeting on 29 November 1947 the General Assembly,
in accordance with the terms of the above resolution [181 A], elected
the following members of the United Nations Commission on Palestine: Bolivia, Czechoslovakia,
Denmark, Panama and Philippines.]
PLAN OF PARTITION WITH ECONOMIC UNION
PART I
Future constitution and government of Palestine
A. TERMINATION OF MANDATE, PARTITION AND INDEPENDENCE
1. The Mandate for Palestine shall terminate
as soon as possible but in any case not later than 1 August 1948.
2. 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 than 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.
3. 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.
4. 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
1. 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.
2. 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 co-ordinate
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.
3. 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.
4. 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.
5. 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.
6. 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.
7. 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.
8. 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.
9. 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.
10. 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:
(a) 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;
(b) 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;
(c) Accepting the obligation of the State
to refrain in its international relations from the threat or use of
force against the territorial integrity of political independence of
any State, or in any other manner inconsistent with the purposes of
the United Nations;
(d) 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;
(e) 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.
11. 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.
12. 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.
13. 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.
14. 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.
15. 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 1
Holy Places, religious buildings and sites
1. Existing rights in respect of Holy
Places and religious buildings or sites shall not be denied or impaired.
2. 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 citizens 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.
3. 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 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 communities concerned
if no action is taken within a reasonable time.
4. 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.
5. 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
1. 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.
2. No discrimination of any kind shall
be made between the inhabitants on the ground of race, religion, language
or sex.
3. All persons within the jurisdiction
of the State shall be entitled to equal protection of the laws.
4. The family law and personal status
of the various minorities and their religious interests, including endowments,
shall be respected.
5. 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.
6. 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.
7. 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.
8. No expropriation of land owned by an
Arab in the Jewish State (by a Jew in the Arab State) shall be allowed except for public purposes. In all cases of expropriation
full compensation as fixed by the Supreme Court shall be paid 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. (a) 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.
(b) 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. (a) 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.
(b) 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.
(c) 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.
(d) 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-holder and
the State.
Chapter 4
Miscellaneous provisions
1. 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.
2. Any dispute relating to the application
or the 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
1. 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 co-operation 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
2. The objectives of the Economic Union
of Palestine shall be:
(a) A customs union;
(b) A joint currency system providing
for a single foreign exchange rate;
(c) Operation in the common interest on
a non-discriminatory basis of railways; inter-State highways; postal,
telephone and telegraphic services, and port and airports involved in
international trade and commerce;
(d) Joint economic development, especially
in respect of irrigation, land reclamation and soil conservation;
(e) Access for both States and for the
City of Jerusalem on a non-discriminatory basis to water and power facilities.
3. 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.
4. 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.
5. 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.
6. 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 that 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 co-operate, 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.
7. In relation to economic development,
the functions of the Board shall be the 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.
8. 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.
9. 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 licenses, 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.
10. All economic authority not specifically
vested in the Joint Economic Board is reserved to each State.
11. There shall be a common customs tariff
with complete freedom of trade between the States, and between the States
and the City of Jerusalem.
12. 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.
13. The following items shall be a first
charge on the customs and other common revenue of the Joint Economic
Board:
(a) The expenses of the customs service
and of the operation of the joint services;
(b) The administrative expenses of the
Joint Economic Board;
(c) The financial obligations of the Administration
of Palestine consisting of:
(i) The service of the outstanding public
debt;
(ii) 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.
14. 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 revenues may be revised by the Joint
Economic Board on a basis of equity.
15. 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 vote of the Joint Economic Board.
16. The Joint Economic Board shall endeavour
to secure for Palestine's export fair and equal access to world markets.
17. All enterprises operated by the Joint
Economic Board shall pay fair wages on a uniform basis.
Freedom of transit and visit
18. 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
19. 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.
20. 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.
21. 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
1. 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 in section B, paragraph
1, above. Immovable assets shall become the property of the government
of the territory in which they are situated.
2. 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 5/
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. Thence 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 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 north-west 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 corner, 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 south-eastern 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 to 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 north-east of Nuris. Thence it proceeds first north-westwards
to a point due north of the built-up area of Zir'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 south-westwards, 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, Es Sharqiya and Ibdis. From the south-east corner of
Ibdis village it runs to a point south-west 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 southwards 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 kilometre 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 kilometre, 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 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 south-westerly 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 southernly 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-El
'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. 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 Israel lands, to the
north-west of Holon local council area, to the north of the line linking
up the north-west corner of Holon with the north-east 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 Transjordan.
It includes the whole of the Hula 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 et 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
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:
1. Government
machinery; special objectives. The Administering Authority in discharging its administrative obligations
shall pursue the following special objectives:
(a) 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;
(b) To foster co-operation 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.
2. 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. (a) The existing
local autonomous units in the territory of the city (villages, townships
and municipalities) shall enjoy wide powers of local government and
administration.
(b) The Governor shall study and submit
for the consideration and decision of the Trusteeship Council a plan
for the establishment of a special town units consisting respectively,
of the Jewish and Arab sections of new Jerusalem. The new town units
shall continue to form part of the present municipality of Jerusalem.
4. Security
measures. (a) The City of Jerusalem
shall be demilitarized; its neutrality shall be declared and preserved,
and no para-military formations, exercises or activities shall be permitted
within its borders.
(b) Should the administration of the City
of Jerusalem be seriously obstructed or prevented by the non-co-operation
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 the administration.
(c) To assist in the maintenance of internal
law and order and 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.
5. 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.
6. 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.
7. 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 decision of the Joint Economic Board.
The headquarters of the Economic Board shall be established in the territory
of the 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 the United Nations and their nationals.
8. 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.
9. Relations
with the 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 connexion with the international administration
of the City.
10. 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.
11. 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
I, 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.
12. Freedoms
of Citizens. (a) 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.
(b) No discrimination of any kind shall
be made between the inhabitants on the grounds of race, religion, language
or sex.
(c) All persons within the City shall
be entitled to equal protection of the laws.
(d) The family law and personal status
of the various persons and communities and their religious interests,
including endowments, shall be respected.
(e) 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.
(f) 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.
(g) 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.
13. Holy
Places. (a) Existing rights
in respect of Holy Places and religious buildings or sites shall not
be denied or impaired.
(b) 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.
(c) 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.
(d) 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.
14. Special
powers of the Governor in respect of the Holy Places, religious buildings
and sites in the City and in any part of Palestine. (a) The protection of the Holy Places, religious buildings and sites
located in the City of Jerusalem shall be a special concern of the Governor.
(b) 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 Constitutions of both
States, whether the provisions of the Constitutions of the Arab and
Jewish States in Palestine dealing therewith and the religious rights
appertaining thereto are being properly applied and respected.
(c) 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 on 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 re-examination by the Trusteeship Council in the light of the experience
acquired with its functioning. The residents of the City shall be then
free to express by means of a referendum their wishes as to possible
modifications of the 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.
* * *
Notes
1/
See Official Records of the second
session of the General Assembly, Supplement No. 11, Volumes I-IV.
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 Arab-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/
The boundary lines described in part II are indicated in Annex A. The
base map used in marking and describing this boundary is "Palestine
1:250000" published by the Survey of Palestine, 1946.
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.