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UN General Assembly Resolution 181
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
Obligations1. 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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