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