UN Paper On
Control Of Immigration Under Partition
(January 10, 1948)
1.
The Plan adopted by the Assembly contains
the following provisions in Part I dealing
directly with the questions of immigration:
A.2. "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."
B.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 regulations."
2. These provisions
were included in the text, primarily at the
request of the Jewish Agency for Palestine,
in the Working Group on Implementation and
in Sub-Committee I of the Ad Hoc Committee
on the Palestine Question. UNSCOP had originally
recommended:
A proposal emanating from Sub-Committee
II concerning the admission of Jewish refugees into
countries other than Palestine was not adopted by the
Ad Hoc Committee, and no specific recommendations in
this regard were made by the Assembly. The Assembly
did however adopt a resolution (No. 136 (II)) on the
recommendation of the Third Committee calling on all
members to accept their fair shares of displaced persons
generally. With respect to the UNSCOP recommendations
that 150,000 Jews be admitted to Palestine within 2
years, it was pointed out in the Working Group on Implementation
and in Sub-Committee I that the wording of the above
paragraphs gave broader scope for the admission of
immigrants than did the UNSCOP recommendations. The
Jewish Agency accordingly agreed to withdraw an amendment
it had urged to paragraph B.5 referring specifically
to the UNSCOP recommendations, and other proposals
respecting immigration were abandoned in favour of
the more flexible formula set forth in the Plan. The
report of Sub-Committee I (document A/AC.14/34) contained
the following remarks on the question of immigration:
"21. The Sub-Committee
considered a number of proposals relating to immigration,
including the recommendations of the majority of
the Special Committee on Palestine, the revision
of that text proposed by the Working Group on Implementation,
the draft resolution of the Delegate of Uruguay,
and other suggestions made in the Sub- Committee.
In view of the situation created by the adoption
of a shorter period of transition than was envisaged
in the Report of the Special Committee, the Sub-Committee
considered that the revised text of the Working
Group on Implementation, as incorporated in Section
A, paragraph 2, and Section B, paragraph 5, of
Part 1 of the plan adopted by the Sub-Committee
was acceptable, and would, moreover, satisfy the
urgent requirements of the problem which the Special
Committee had recognized, and which the Sub-Committee
fully appreciated."
3. Under the present Mandate the
United Kingdom Government fixes the maximum quota of
immigrants permitted per month, and the Palestine Government
is responsible for the administration of the immigration
provisions. The present quota is 1,500 Jewish immigrants
and 200 Arab immigrants per month. The High Commissioner
for Palestine prescribes the maximum number of immigration
certificates to be granted, in accordance with the
principle of economic absorptive capacity, within the
quotas fixed by the Mandatory Power, and also the category
of immigrants and the number in each category. The
Commissioner for Migration insures compliance with
the immigration formalities and is the executive authority
in respect of passport and travel formalities and details
of administration. Illegal Jewish immigrants beyond
the quota fixed by the Mandatory Power are as a rule
transferred to the island of Cyprus. As of 1 October
1947 some 167,500 Jewish displaced persons were living
in Germany, Austria and Italy, and as of 1 January
1948 some 30,000 in camps in Cyprus. At present the
quota immigrants are taken from among Jewish DPs in
Cyprus (50 per cent), from the British zone of occupation
in Germany (25 per/cent), the remaining 25 per cent
being allocated by the Palestine Department of Migration
chiefly to wives, children and parents of Palestine
residents. No allocation is given to Jews in the United
States zones of occupation in Germany and Austria where
the bulk of the Jewish DPs are to be found.
4. The question of Arab immigration
into Palestine is not dealt with in the present study,
as there was apparently no problem in that regard and
no special discussions concerning the point took place
in the Assembly. It should be pointed out, however,
that there have been recent press reports referring
to Arab attempts to encourage mass Arab immigration
into Palestine in order to oppose partition.
5. United Kingdom officials have
made the following remarks in connection with the question
of immigration:
(a) The United Kingdom
representative at the Assembly made no objection
to paragraph A.2, but stated that he had no instructions
on the details of the British plan of withdrawal
and hence could only take note of the provision.
(b) Mr. Creech Jones stated
in the House of Commons on 11 December 1947:
"Other matters on which
negotiations with the United Nations Commission
will have to be made include the proposal in the
partition plan that an area situated in the Jewish
State, including a seaport and hinterland, shall
be evacuated by 1 February, 1948. This presents
a considerable difficulty, and must be studied
further with the United Nations Commission in connection
with the thorny problem of immigration, about which
1 shall have something to say in a few minutes..."
"I should now say a few words
on the problem of immigration. I do not wish
to inflame deep feelings, which exist among
Jews and Arabs alike regarding this matter,
nor do I wish to incriminate states and groups
which, in this illegal traffic, have done infinite
mischief, aroused fierce passions among the
Arabs and made our task of administering the
Mandate extremely difficult. We are faced with
a most difficult period between now and the middle
of May, and we hope all nations and the Jewish
community will appreciate the importance of control
until the Mandate is laid down. If the traffic
is encouraged during the next few months, a grave
situation in Palestine will arise which will make
an orderly withdrawal and transfer of authority
extremely difficult. The camps in Cyprus have also
to be emptied.
"The Government are aware
of the strong resentment already expressed by the
Arab States in regard to what may appear to them
as encouragement to immigration for strengthening
the Jewish State. It is essential that feelings
should not be fired while the British administration
is trying to carry through the complicated tasks
essential to maintaining orderly life in Palestine,
while at the same time, preparing, in accordance
with international decision, to transer authority."
(c) Mr. Bevin stated in
the House of Commons on 12 December 1947:
"There is no obligation upon
us to change the immigration quota during the
short remaining period in which we shall be
responsible in Palestine. Here I want to make
an appeal to the Jews. If this were done, or
if any attempt were made to bring in numbers
of immigrants, in spite of our control, and
so cause trouble, in my view this would be
another and most important contribution to
unrest. At a critical moment of this kind I
hope that common sense will prevail.
"Our hope is that the
question will be considered in a statesmanlike
manner, and that we may be able to hand over to
the authority which succeeds us without having
to deal with any further trouble on this score.
My view is that if the British Navy and the British
Army, in addition to trying to keep order during
the transition period between now and when we go,
are called upon to have rows at Haifa and Tel-Aviv
with immigrant ships arriving, it will do the Jewish
cause more harm throughout the world than anything
else that could happen. It will be regarded as
a provocative act, and I say to them advisedly
that, in my view, they should leave this matter
alone until the State is set up, and should deal
with it then.
"Between now and the withdrawal
we do expect to clear Cyprus. We must do that.
We cannot have illegal immigrants on British territory
after that time, and we will negotiate with the
United Nations Commission in order to see that
all that is arranged."
"I cannot agree to open a
port until we lay down the Mandate. We cannot
have two administrations at one time. Really,
it is impossible. I had better be quite frank
about these things. I do not want to get into
conflict with the Jews, and I hope the Jews
will not get into conflict with His Majesty's
Government, His Majesty's Navy or Army. It is a
little patience that is required. There are but
a few months to pass before we lay down the Mandate.
6. The question of immigration
in so far as the Commission is concerned can be divided
into two periods: (A) the period prior to the termination
of the Mandate (during which the Mandatory Power retains
responsibility), and (B), the period from the termination
of the Mandate until the date of independence (during
which the Provisional Council of Government, acting
under the Commission, is responsible).
A. The Period Prior to the Termination
of the
Mandate (not later than 15 May).
7. The first question that
arises is that respecting the evacuation of a seaport
as provided for in paragraph A.2. Haifa, and to a lesser
extent, Tel-Aviv, are the only seaports in the Jewish
States capable of accomodating a substantial immigration.
Since Haifa will probably be retained by the British
until the evacuation of their troops is completed,
Tel-Aviv is the only practicable alternative. It is
clear from Mr. Bevin's remarks that the Mandatory Power
does not intend to comply with this provision, but
on the other hand Mr. Creech Jones had previously stated
that the Mandatory Power would negotiate with the Commission
in this respect. The Commission may therefore wish
to obtain further information from the Mandatory Power
in order to elucidate this point.
8. If the negotiations of the Mandatory
Power are successful and a seaport is evacuated by
1 February, or shortly thereafter, it will be necessary
for the Commission to constitute in advance of the
evacuation date some authority capable of dealing with
the immigration, and to be present on the spot to carry
out his functions.
9. Although Mr. Bevin did
not categorically refuse to alter the immigration quota
but merely stated that there was no obligation to change
it, it appears from the general tenor of his remarks
that no change is intended. It may be, however, that
in stating that Cyprus would be cleared of Jewish DPs "between
now and the withdrawal", he envisaged a special quota
for the Cyprus detainees in addition to the present
quota of 1,500 per month. Recent press reports have
suggested the latter possibility. The Commission may
wish to ascertain the intentions of the United Kingdom
on this matter.
10. In the event that the
Mandatory Power should agree either to the evacuation
of a seaport or to an increased quota for immigration,
or to a partial transfer of its functions (while retaining
its responsibility) respecting immigration prior to
the termination of the Mandate, it seems preferable
that policy-making decisions respecting immigration
should lie with the Commission. It is not known when
the Jewish Provisional Council will be created, and
uncontrolled immigration in excess of reception facilities
or absorptive capacity might result in epidemics, hunger,
disturbances and bloodshed. Accordingly the Commission
might wish to issue general regulations for the control
of immigration, while leaving it to the Jewish Agency
for Palestine (or to the Jewish Provisional Council
when it is created) to carry out the practical administration
under the Commission's supervision.
B. The
Period from the Termination of the Mandate
until
the Date of Independence (not later than
1
October).
11. It will be noted that
paragraph B.5 provides that, from the date of the adoption
of the Assembly's resolution, the Provisional Councils
of Government shall have full authority over matters
of immigration in the areas under their control. There
may be some significance attached to the use of the
words "full authority" instead of the words "full responsibility" as
used in paragraph B.6, but in any event the authority
of the Council is subject to two limitations: (a) that
it must act under the Commission, and (b) that its
authority is subject to the other provisions of the
Assembly's recommendations, notably paragraph B.12
which preserves the responsibility of the Mandatory
Power prior to the termination of the Mandate. The
Commission may, therefore, if it wishes, take over
the functions presently vested in the Mandatory Power
and the High Commissioner to determine the maximum
quota of immigrants, until such time as it decides
to hand over full administrative responsibilities to
the Provisional Council of Government. The Commission
will be faced with a difficult problem in balancing
the strong pressure for large-scale immigration with
the dangers involved in excessive immigration. As was
suggested in paragraph 10 above, the Commission may
wish to leave to the discretion of the Jewish Provisional
Council the administrative details, including the determination
of the categories of immigrants and numerical distribution.
The Commission may, however, wish to ensure that some
priority is given to the Jews in DP camps.
12. Some administrative machinery
and control will have to be established to take the
place of the Department of Migration of the Palestine
Government. The Commission may wish to begin the preparation
of a detailed plan to be ready for implementation by
the Jewish Provisional Council of Government.
13. The Commission might also
consider entering into discussions with the International
Refugee Organization in order to make arrangements
whereby emigration of Jews from camps under the Organization's
control can take place in an orderly manner in conformity
with the regulations issued by the Commission or the
Provisional Council.
14. The Commission might be
called upon by the Jewish Agency or the Jewish Provisional
Council for advice and assistance in connection with
the question of financing the substantial immigration
envisaged. During the hearings of UNSCOP in Palestine,
the Jewish Agency referred to the findings of the Anglo-American
experts (who prepared the Morrison-Grady plan), which
provided for the immigration and integration of 100,000
Jewish refugees in one year, at a cost of 70 million
or 700 per head, and the possibilities of international
participation in obtaining the necessary finances.
The Commission may wish to discuss the question of
defraying the cost of transportation of DPs with the
International Refugee Organization, which at present
assumes the cost of transportation for DPs under organized
schemes for their resettlement.
15. Another question that
will arise is that relating to passports and entry
visas during the period between the termination of
the Mandate and the independence of the two States.
The Commission may wish to enter into negotiations
with the Mandatory Power (prior to the termination
of the Mandate) or instruct the Provisional Council
of Government, with a view to the issue of provisional
identity cards. The Commission may also wish to make
temporary arrangements for the diplomatic and consular
protection of Palestine citizens travelling or resident
abroad in the period between the termination of the
Mandate and the date of independence.
Sources: UNISPAL |