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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
fulfill 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 endeavor 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 there from
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 there from, 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 the 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 the 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 favorable 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 favor: 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.
Notes:
(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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