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A/RES/181(II)
(A+B)
29 November 1947 |
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Resolution 181 (II). Future
government of Palestine
A
The General
Assembly,
Having met in
special session at the request of the mandatory Power to constitute and instruct
a special committee to prepare for the consideration of the question of the
future government of Palestine at the second regular
session;
Having constituted a Special Committee and instructed it to investigate all
questions and issues relevant to the problem of Palestine, and to prepare
proposals for the solution of the problem, and
Having received
and examined the report of the Special
Committee (document A/364) 1/ including a number of unanimous recommendations and a
plan of partition with economic union approved by the majority of the Special
Committee,
Considers that
the present situation in Palestine is one which is likely to impair the general
welfare and friendly relations among nations;
Takes
note of the declaration by the mandatory
Power that it plans to complete its evacuation of Palestine by 1 August
1948;
Recommends to the
United Kingdom, as the mandatory Power for Palestine, and to all other Members
of the United Nations the adoption and implementation, with regard to the future
government of Palestine, of the Plan of Partition with Economic Union set out
below;
Requests
that
(a) The Security Council
take the necessary measures as provided for in the plan for its
implementation;
(b) The Security
Council consider, if circumstances during the transitional period require such
consideration, whether the situation in Palestine constitutes a threat to the
peace. If it decides that such a threat exists, and in order to maintain
international peace and security, the Security Council should supplement the
authorization of the General Assembly by taking measures, under Articles 39 and
41 of the Charter, to empower the United Nations Commission, as provided in this
resolution, to exercise in Palestine the functions which are assigned to it by
this resolution;
(c) The Security
Council determine as a threat to the peace, breach of the peace or act of
aggression, in accordance with Article 39 of the Charter, any attempt to alter
by force the settlement envisaged by this resolution;
(d) The Trusteeship Council be informed of the
responsibilities envisaged for it in this plan;
Calls
upon the inhabitants of Palestine to
take such steps as may be necessary on their part to put this plan into
effect;
Appeals to all
Governments and all peoples to refrain from taking action which might hamper or
delay the carrying out of these recommendations, and
Authorizes the
Secretary-General to reimburse travel and subsistence expenses of the members of
the Commission referred to in Part I, Section B, paragraph 1 below, on such
basis and in such form as he may determine most appropriate in the
circumstances, and to provide the Commission with the necessary staff to assist
in carrying out the functions assigned to the Commission by the General
Assembly.
B 2/
The General
Assembly
Authorizes the
Secretary-General to draw from the Working Capital Fund a sum not to exceed
$2,000,000 for the purposes set forth in the last paragraph of the resolution on
the future government of Palestine.
Hundred and twenty-eighth
plenary meeting
29 November
1947
[At its hundred and
twenty-eighth plenary meeting on 29 November 1947 the General Assembly, in
accordance with the terms of the above resolution [181 A], elected the following
members of the United Nations Commission on Palestine: Bolivia, Czechoslovakia, Denmark, Panama and
Philippines.]
PLAN OF PARTITION WITH ECONOMIC
UNION
PART
I
Future constitution and
government of Palestine
A.
TERMINATION OF MANDATE, PARTITION AND INDEPENDENCE
1. The Mandate for Palestine shall terminate as soon as
possible but in any case not later than 1 August 1948.
2. The armed forces of the mandatory Power shall be
progressively withdrawn from Palestine, the withdrawal to be completed as soon
as possible but in any case not later than 1 August 1948.
The mandatory Power shall advise the Commission, as far
in advance as possible, of its intention to terminate the Mandate and to
evacuate each area.
The mandatory
Power shall use its best endeavours to ensure than an area situated in the
territory of the Jewish State, including a seaport and hinterland adequate to
provide facilities for a substantial immigration, shall be evacuated at the
earliest possible date and in any event not later than 1 February
1948.
3. Independent Arab and Jewish
States and the Special International Regime for the City of Jerusalem, set forth
in part III of this plan, shall come into existence in Palestine two months
after the evacuation of the armed forces of the mandatory Power has been
completed but in any case not later than 1 October 1948. The boundaries of the
Arab State, the Jewish State, and the City of Jerusalem shall be as described in
parts II and III below.
4. The period
between the adoption by the General Assembly of its recommendation on the
question of Palestine and the establishment of the independence of the Arab and
Jewish States shall be a transitional period.
B. STEPS PREPARATORY TO
INDEPENDENCE
1. A
Commission shall be set up consisting of one representative of each of five
Member States. The Members represented on the Commission shall be elected by the
General Assembly on as broad a basis, geographically and otherwise, as
possible.
2. The administration of
Palestine shall, as the mandatory Power withdraws its armed forces, be
progressively turned over to the Commission; which shall act in conformity with
the recommendations of the General Assembly, under the guidance of the Security
Council. The mandatory Power shall to the fullest possible extent co-ordinate
its plans for withdrawal with the plans of the Commission to take over and
administer areas which have been evacuated.
In the discharge of this administrative responsibility
the Commission shall have authority to issue necessary regulations and take
other measures as required.
The
mandatory Power shall not take any action to prevent, obstruct or delay the
implementation by the Commission of the measures recommended by the General
Assembly.
3. On its arrival in
Palestine the Commission shall proceed to carry out measures for the
establishment of the frontiers of the Arab and Jewish States and the City of
Jerusalem in accordance with the general lines of the recommendations of the
General Assembly on the partition of Palestine. Nevertheless, the boundaries as
described in part II of this plan are to be modified in such a way that village
areas as a rule will not be divided by state boundaries unless pressing reasons
make that necessary.
4. The
Commission, after consultation with the democratic parties and other public
organizations of The Arab and Jewish States, shall select and establish in each
State as rapidly as possible a Provisional Council of Government. The activities
of both the Arab and Jewish Provisional Councils of Government shall be carried
out under the general direction of the Commission.
If by 1 April 1948 a Provisional Council of Government
cannot be selected for either of the States, or, if selected, cannot carry out
its functions, the Commission shall communicate that fact to the Security
Council for such action with respect to that State as the Security Council may
deem proper, and to the Secretary-General for communication to the Members of
the United Nations.
5. Subject to the
provisions of these recommendations, during the transitional period the
Provisional Councils of Government, acting under the Commission, shall have full
authority in the areas under their control, including authority over matters of
immigration and land regulation.
6.
The Provisional Council of Government of each State acting under the Commission,
shall progressively receive from the Commission full responsibility for the
administration of that State in the period between the termination of the
Mandate and the establishment of the State's independence.
7. The Commission shall instruct the Provisional Councils
of Government of both the Arab and Jewish States, after their formation, to
proceed to the establishment of administrative organs of government, central and
local.
8. The Provisional Council of
Government of each State shall, within the shortest time possible, recruit an
armed militia from the residents of that State, sufficient in number to maintain
internal order and to prevent frontier clashes.
This armed militia in each State shall, for operational
purposes, be under the command of Jewish or Arab officers resident in that
State, but general political and military control, including the choice of the
militia's High Command, shall be exercised by the
Commission.
9. The Provisional
Council of Government of each State shall, not later than two months after the
withdrawal of the armed forces of the mandatory Power, hold elections to the
Constituent Assembly which shall be conducted on democratic
lines.
The election regulations in
each State shall be drawn up by the Provisional Council of Government and
approved by the Commission. Qualified voters for each State for this election
shall be persons over eighteen years of age who are: (a) Palestinian citizens
residing in that State and (b) Arabs and Jews residing in the State, although
not Palestinian citizens, who, before voting, have signed a notice of intention
to become citizens of such State.
Arabs and Jews residing in the City of Jerusalem who have
signed a notice of intention to become citizens, the Arabs of the Arab State and
the Jews of the Jewish State, shall be entitled to vote in the Arab and Jewish
States respectively.
Women may vote
and be elected to the Constituent Assemblies.
During the transitional period no Jew shall be permitted
to establish residence in the area of the proposed Arab State, and no Arab shall
be permitted to establish residence in the area of the proposed Jewish State,
except by special leave of the Commission.
10. The Constituent Assembly of each State shall draft a
democratic constitution for its State and choose a provisional government to
succeed the Provisional Council of Government appointed by the Commission. The
constitutions of the States shall embody chapters 1 and 2 of the Declaration
provided for in section C below and include inter alia provisions
for:
(a) Establishing in each State a
legislative body elected by universal suffrage and by secret ballot on the basis
of proportional representation, and an executive body responsible to the
legislature;
(b) Settling all
international disputes in which the State may be involved by peaceful means in
such a manner that international peace and security, and justice, are not
endangered;
(c) Accepting the
obligation of the State to refrain in its international relations from the
threat or use of force against the territorial integrity of political
independence of any State, or in any other manner inconsistent with the purposes
of the United Nations;
(d)
Guaranteeing to all persons equal and non-discriminatory rights in civil,
political, economic and religious matters and the enjoyment of human rights and
fundamental freedoms, including freedom of religion, language, speech and
publication, education, assembly and association;
(e) Preserving freedom of transit and visit for all
residents and citizens of the other State in Palestine and the City of
Jerusalem, subject to considerations of national security, provided that each
State shall control residence within its borders.
11. The Commission shall appoint a preparatory economic
commission of three members to make whatever arrangements are possible for
economic co-operation, with a view to establishing, as soon as practicable, the
Economic Union and the Joint Economic Board, as provided in section D
below.
12. During the period between
the adoption of the recommendations on the question of Palestine by the General
Assembly and the termination of the Mandate, the mandatory Power in Palestine
shall maintain full responsibility for administration in areas from which it has
not withdrawn its armed forces. The Commission shall assist the mandatory Power
in the carrying out of these functions. Similarly the mandatory Power shall
co-operate with the Commission in the execution of its
functions.
13. With a view to
ensuring that there shall be continuity in the functioning of administrative
services and that, on the withdrawal of the armed forces of the mandatory Power,
the whole administration shall be in the charge of the Provisional Councils and
the Joint Economic Board, respectively, acting under the Commission, there shall
be a progressive transfer, from the mandatory Power to the Commission, of
responsibility for all the functions of government, including that of
maintaining law and order in the areas from which the forces of the mandatory
Power have been withdrawn.
14. The
Commission shall be guided in its activities by the recommendations of the
General Assembly and by such instructions as the Security Council may consider
necessary to issue.
The measures
taken by the Commission, within the recommendations of the General Assembly,
shall become immediately effective unless the Commission has previously received
contrary instructions from the Security Council.
The Commission shall render periodic monthly progress
reports, or more frequently if desirable, to the Security
Council.
15. The Commission shall
make its final report to the next regular session of the General Assembly and to
the Security Council simultaneously.
C.
DECLARATION
A declaration
shall be made to the United Nations by the provisional government of each
proposed State before independence. It shall contain inter alia the following
clauses:
General
Provision
The stipulations
contained in the declaration are recognized as fundamental laws of the State and
no law, regulation or official action shall conflict or interfere with these
stipulations, nor shall any law, regulation or official action prevail over
them.
Chapter
1
Holy Places, religious
buildings and sites
1.
Existing rights in respect of Holy Places and religious buildings or sites shall
not be denied or impaired.
2. In so
far as Holy Places are concerned, the liberty of access, visit and transit shall
be guaranteed, in conformity with existing rights, to all residents and citizens
of the other State and of the City of Jerusalem, as well as to aliens, without
distinction as to nationality, subject to requirements of national security,
public order and decorum.
Similarly,
freedom of worship shall be guaranteed in conformity with existing rights,
subject to the maintenance of public order and decorum.
3. Holy Places and religious buildings or sites shall be
preserved. No act shall be permitted which may in any way impair their sacred
character. If at any time it appears to the Government that any particular Holy
Place, religious building or site is in need of urgent repair, the Government
may call upon the community or communities concerned to carry out such repair.
The Government may carry it out itself at the expense of the community or
communities concerned if no action is taken within a reasonable
time.
4. No taxation shall be levied
in respect of any Holy Place, religious building or site which was exempt from
taxation on the date of the creation of the State.
No change in the incidence of such taxation shall be made
which would either discriminate between the owners or occupiers of Holy Places,
religious buildings or sites, or would place such owners or occupiers in a
position less favourable in relation to the general incidence of taxation than
existed at the time of the adoption of the Assembly's
recommendations.
5. The Governor of
the City of Jerusalem shall have the right to determine whether the provisions
of the Constitution of the State in relation to Holy Places, religious buildings
and sites within the borders of the State and the religious rights appertaining
thereto, are being properly applied and respected, and to make decisions on the
basis of existing rights in cases of disputes which may arise between the
different religious communities or the rites of a religious community with
respect to such places, buildings and sites. He shall receive full co-operation
and such privileges and immunities as are necessary for the exercise of his
functions in the State.
Chapter 2
Religious and Minority
Rights
1. Freedom of
conscience and the free exercise of all forms of worship, subject only to the
maintenance of public order and morals, shall be ensured to
all.
2. No discrimination of any kind
shall be made between the inhabitants on the ground of race, religion, language
or sex.
3. All persons within the
jurisdiction of the State shall be entitled to equal protection of the
laws.
4. The family law and personal
status of the various minorities and their religious interests, including
endowments, shall be respected.
5.
Except as may be required for the maintenance of public order and good
government, no measure shall be taken to obstruct or interfere with the
enterprise of religious or charitable bodies of all faiths or to discriminate
against any representative or member of these bodies on the ground of his
religion or nationality.
6. The State
shall ensure adequate primary and secondary education for the Arab and Jewish
minority, respectively, in its own language and its cultural
traditions.
The right of each
community to maintain its own schools for the education of its own members in
its own language, while conforming to such educational requirements of a general
nature as the State may impose, shall not be denied or impaired. Foreign
educational establishments shall continue their activity on the basis of their
existing rights.
7. No restriction
shall be imposed on the free use by any citizen of the State of any language in
private intercourse, in commerce, in religion, in the Press or in publications
of any kind, or at public meetings.
8. No expropriation of land owned by an Arab in the
Jewish State (by a Jew in the Arab State)
shall be allowed except for public purposes. In all cases of expropriation full
compensation as fixed by the Supreme Court shall be paid previous to
dispossession.
Chapter
3
Citizenship, international
conventions and financial obligations
1. Citizenship. Palestinian citizens residing in
Palestine outside the City of Jerusalem, as well as Arabs and Jews who, not
holding Palestinian citizenship, reside in Palestine outside the City of
Jerusalem shall, upon the recognition of independence, become citizens of the
State in which they are resident and enjoy full civil and political rights.
Persons over the age of eighteen years may opt, within one year from the date of
recognition of independence of the State in which they reside, for citizenship
of the other State, providing that no Arab residing in the area of the proposed
Arab State shall have the right to opt for citizenship in the proposed Jewish
State and no Jew residing in the proposed Jewish State shall have the right to
opt for citizenship in the proposed Arab State. The exercise of this right of
option will be taken to include the wives and children under eighteen years of
age of persons so opting.
Arabs
residing in the area of the proposed Jewish State and Jews residing in the area
of the proposed Arab State who have signed a notice of intention to opt for
citizenship of the other State shall be eligible to vote in the elections to the
Constituent Assembly of that State, but not in the elections to the Constituent
Assembly of the State in which they reside.
2. International conventions. (a) The State shall be
bound by all the international agreements and conventions, both general and
special, to which Palestine has become a party. Subject to any right of
denunciation provided for therein, such agreements and conventions shall be
respected by the State throughout the period for which they were
concluded.
(b) Any dispute about the
applicability and continued validity of international conventions or treaties
signed or adhered to by the mandatory Power on behalf of Palestine shall be
referred to the International Court of Justice in accordance with the provisions
of the Statute of the Court.
3.
Financial obligations. (a) The State shall respect and fulfil all financial
obligations of whatever nature assumed on behalf of Palestine by the mandatory
Power during the exercise of the Mandate and recognized by the State. This
provision includes the right of public servants to pensions, compensation or
gratuities.
(b) These obligations
shall be fulfilled through participation in the Joint economic Board in respect
of those obligations applicable to Palestine as a whole, and individually in
respect of those applicable to, and fairly apportionable between, the
States.
(c) A Court of Claims,
affiliated with the Joint Economic Board, and composed of one member appointed
by the United Nations, one representative of the United Kingdom and one
representative of the State concerned, should be established. Any dispute
between the United Kingdom and the State respecting claims not recognized by the
latter should be referred to that Court.
(d) Commercial concessions granted in respect of any part
of Palestine prior to the adoption of the resolution by the General Assembly
shall continue to be valid according to their terms, unless modified by
agreement between the concession-holder and the State.
Chapter
4
Miscellaneous
provisions
1. The
provisions of chapters 1 and 2 of the declaration shall be under the guarantee
of the United Nations, and no modifications shall be made in them without the
assent of the General Assembly of the United nations. Any Member of the United
Nations shall have the right to bring to the attention of the General Assembly
any infraction or danger of infraction of any of these stipulations, and the
General Assembly may thereupon make such recommendations as it may deem proper
in the circumstances.
2. Any dispute
relating to the application or the interpretation of this declaration shall be
referred, at the request of either party, to the International Court of Justice,
unless the parties agree to another mode of settlement.
D. ECONOMIC UNION AND
TRANSIT
1. The Provisional
Council of Government of each State shall enter into an undertaking with respect
to economic union and transit. This undertaking shall be drafted by the
commission provided for in section B, paragraph 1, utilizing to the greatest
possible extent the advice and co-operation of representative organizations and
bodies from each of the proposed States. It shall contain provisions to
establish the Economic Union of Palestine and provide for other matters of
common interest. If by 1 April 1948 the Provisional Councils of Government have
not entered into the undertaking, the undertaking shall be put into force by the
Commission.
The Economic Union of
Palestine
2. The
objectives of the Economic Union of Palestine shall be:
(a) A customs union;
(b) A joint currency system providing for a single
foreign exchange rate;
(c) Operation
in the common interest on a non-discriminatory basis of railways; inter-State
highways; postal, telephone and telegraphic services, and port and airports
involved in international trade and commerce;
(d) Joint economic development, especially in respect of
irrigation, land reclamation and soil conservation;
(e) Access for both States and for the City of Jerusalem
on a non-discriminatory basis to water and power facilities.
3. There shall be established a Joint Economic Board,
which shall consist of three representatives of each of the two States and three
foreign members appointed by the Economic and Social Council of the United
Nations. The foreign members shall be appointed in the first instance for a term
of three years; they shall serve as individuals and not as representatives of
States.
4. The functions of the Joint
Economic Board shall be to implement either directly or by delegation the
measures necessary to realize the objectives of the Economic Union. It shall
have all powers of organization and administration necessary to fulfil its
functions.
5. The States shall bind
themselves to put into effect the decisions of the Joint Economic Board. The
Board's decisions shall be taken by a majority vote.
6. In the event of failure of a State to take the
necessary action the Board may, by a vote of six members, decide to withhold an
appropriate portion of that part of the customs revenue to which the State in
question is entitled under the Economic Union. Should the State persist in its
failure to co-operate, the Board may decide by a simple majority vote upon such
further sanctions, including disposition of funds which it has withheld, as it
may deem appropriate.
7. In relation
to economic development, the functions of the Board shall be the planning,
investigation and encouragement of joint development projects, but it shall not
undertake such projects except with the assent of both States and the City of
Jerusalem, in the event that Jerusalem is directly involved in the development
project.
8. In regard to the joint
currency system the currencies circulating in the two States and the City of
Jerusalem shall be issued under the authority of the Joint Economic Board, which
shall be the sole issuing authority and which shall determine the reserves to be
held against such currencies.
9. So
far as is consistent with paragraph 2 (b) above, each State may operate its own
central bank, control its own fiscal and credit policy, its foreign exchange
receipts and expenditures, the grant of import licenses, and may conduct
international financial operations on its own faith and credit. During the first
two years after the termination of the Mandate, the Joint Economic Board shall
have the authority to take such measures as may be necessary to ensure that--to
the extent that the total foreign exchange revenues of the two States from the
export of goods and services permit, and provided that each State takes
appropriate measures to conserve its own foreign exchange resources--each State
shall have available, in any twelve months' period, foreign exchange sufficient
to assure the supply of quantities of imported goods and services for
consumption in its territory equivalent to the quantities of such goods and
services consumed in that territory in the twelve months' period ending 31
December 1947.
10. All economic
authority not specifically vested in the Joint Economic Board is reserved to
each State.
11. There shall be a
common customs tariff with complete freedom of trade between the States, and
between the States and the City of Jerusalem.
12. The tariff schedules shall be drawn up by a Tariff
Commission, consisting of representatives of each of the States in equal
numbers, and shall be submitted to the Joint Economic Board for approval by a
majority vote. In case of disagreement in the Tariff Commission, the Joint
Economic Board shall arbitrate the points of difference. In the event that the
Tariff Commission fails to draw up any schedule by a date to be fixed, the Joint
Economic Board shall determine the tariff schedule.
13. The following items shall be a first charge on the
customs and other common revenue of the Joint Economic
Board:
(a) The expenses of the
customs service and of the operation of the joint services;
(b) The administrative expenses of the Joint Economic
Board;
(c) The financial obligations
of the Administration of Palestine consisting of:
(i) The service of the outstanding public
debt;
(ii) The cost of superannuation
benefits, now being paid or falling due in the future, in accordance with the
rules and to the extent established by paragraph 3 of chapter 3
above.
14. After these obligations
have been met in full, the surplus revenue from the customs and other common
services shall be divided in the following manner: not less than 5 per cent and
not more than 10 per cent to the City of Jerusalem; the residue shall be
allocated to each State by the Joint Economic Board equitably, with the
objective of maintaining a sufficient and suitable level of government and
social services in each State, except that the share of either State shall not
exceed the amount of that State's contribution to the revenues of the Economic
Union by more than approximately four million pounds in any year. The amount
granted may be adjusted by the Board according to the price level in relation to
the prices prevailing at the time of the establishment of the Union. After five
years, the principles of the distribution of the joint revenues may be revised
by the Joint Economic Board on a basis of equity.
15. All international conventions and treaties affecting
customs tariff rates, and those communications services under the jurisdiction
of the Joint Economic Board, shall be entered into by both States. In these
matters, the two States shall be bound to act in accordance with the majority
vote of the Joint Economic Board.
16.
The Joint Economic Board shall endeavour to secure for Palestine's export fair
and equal access to world markets.
17. All enterprises operated by the Joint Economic Board
shall pay fair wages on a uniform basis.
Freedom of transit and
visit
18. The
undertaking shall contain provisions preserving freedom of transit and visit for
all residents or citizens of both States and of the City of Jerusalem, subject
to security considerations; provided that each state and the City shall control
residence within its borders.
Termination, modification and
interpretation of the undertaking
19. The undertaking and any treaty issuing therefrom
shall remain in force for a period of ten years. It shall continue in force
until notice of termination, to take effect two years thereafter, is given by
either of the parties.
20. During the
initial ten-year period, the undertaking and any treaty issuing therefrom may
not be modified except by consent of both parties and with the approval of the
General Assembly.
21. Any dispute
relating to the application or the interpretation of the undertaking and any
treaty issuing therefrom shall be referred, at the request of either party, to
the international Court of Justice, unless the parties agree to another mode of
settlement.
E.
ASSETS
1. The movable
assets of the Administration of Palestine shall be allocated to the Arab and
Jewish States and the City of Jerusalem on an equitable basis. Allocations
should be made by the United Nations Commission referred to in section B,
paragraph 1, above. Immovable assets shall become the property of the government
of the territory in which they are situated.
2. During the period between the appointment of the
United Nations Commission and the termination of the Mandate, the mandatory
Power shall, except in respect of ordinary operations, consult with the
Commission on any measure which it may contemplate involving the liquidation,
disposal or encumbering of the assets of the Palestine Government, such as the
accumulated treasury surplus, the proceeds of Government bond issues, State
lands or any other asset.
F. ADMISSION TO MEMBERSHIP IN THE
UNITED NATIONS
When the
independence of either the Arab or the Jewish State as envisaged in this plan
has become effective and the declaration and undertaking, as envisaged in this
plan, have been signed by either of them, sympathetic consideration should be
given to its application for admission to membership in the United Nations in
accordance with Article 4 of the Charter of the United Nations.
PART
II
Boundaries
5/
A. THE
ARAB STATE
The area of the
Arab State in Western Galilee is bounded on the west by the Mediterranean and on
the north by the frontier of the Lebanon from Ras en Naqura to a point north of
Saliha. From there the boundary proceeds southwards, leaving the built-up area
of Saliha in the Arab State, to join the southernmost point of this village.
Thence it follows the western boundary line of the villages of `Alma, Rihaniya
and Teitaba, thence following the northern boundary line of Meirun village to
join the Acre-Safad sub-district boundary line. It follows this line to a point
west of Es Sammu'i village and joins it again at the northernmost point of
Farradiya. Thence it follows the sub-district boundary line to the Acre-Safad
main road. From here it follows the western boundary of Kafr I'nan village until
it reaches the Tiberias-Acre sub-district boundary line, passing to the west of
the junction of the Acre-Safad and Lubiya-Kafr I'nan roads. From south-west
corner of Kafr I'nan village the boundary line follows the western boundary of
the Tiberias sub-district to a point close to the boundary line between the
villages of Maghar and Eilabun, thence bulging out to the west to include as
much of the eastern part of the plain of Battuf as is necessary for the
reservoir proposed by the Jewish Agency for the irrigation of lands to the south
and east.
The boundary rejoins the
Tiberias sub-district boundary at a point on the Nazareth-Tiberias road
south-east of the built-up area of Tur'an; thence it runs southwards, at first
following the sub-district boundary and then passing between the Kadoorie
Agricultural School and Mount Tabor, to a point due south at the base of Mount
Tabor. From here it runs due west, parallel to the horizontal grid line 230, to
the north-east corner of the village lands of Tel Adashim. It then runs to the
north-west corner of these lands, whence it turns south and west so as to
include in the Arab State the sources of the Nazareth water supply in Yafa
village. On reaching Ginneiger it follows the eastern, northern and western
boundaries of the lands of this village to their south-west corner, whence it
proceeds in a straight line to a point on the Haifa-Afula railway on the
boundary between the villages of Sarid and El Mujeidil. This is the point of
intersection.
The south-western
boundary of the area of the Arab State in Galilee takes a line from this point,
passing northwards along the eastern boundaries of Sarid and Gevat to the
north-eastern corner of Nahalal, proceeding thence across the land of Kefar ha
Horesh to a central point on the southern boundary of the village of `Ilut,
thence westwards along that village boundary to the eastern boundary of Beit
Lahm, thence northwards and north-eastwards along its western boundary to the
north-eastern corner of Waldheim and thence north-westwards across the village
lands of Shafa 'Amr to the south-eastern corner of Ramat Yohanan'. From here it
runs due north-north-east to a point on the Shafa 'Amr-Haifa road, west of its
junction with the road to I'Billin. From there it proceeds north-east to a point
on the southern boundary of I'Billin situated to the west of the I'Billin-Birwa
road. Thence along that boundary to its westernmost point, whence it turns to
the north, follows across the village land of Tamra to the north-westernmost
corner and along the western boundary of Julis until it reaches the Acre-Safad
road. It then runs westwards along the southern side of the Safad-Acre road to
the Galilee-Haifa District boundary, from which point it follows that boundary
to the sea.
The boundary of the hill
country of Samaria and Judea starts on the Jordan River at the Wadi Malih
south-east of Beisan and runs due west to meet the Beisan-Jericho road and then
follows the western side of that road in a north-westerly direction to the
junction of the boundaries of the sub-districts of Beisan, Nablus, and Jenin.
>From that point it follows the Nablus-Jenin sub-district boundary westwards for
a distance of about three kilometres and then turns north-westwards, passing to
the east of the built-up areas of the villages of Jalbun and Faqqu'a, to the
boundary of the sub-districts of Jenin and Beisan at a point north-east of
Nuris. Thence it proceeds first north-westwards to a point due north of the
built-up area of Zir'in and then westwards to the Afula-Jenin railway, thence
north-westwards along the district boundary line to the point of intersection on
the Hejaz railway. From here the boundary runs south-westwards, including the
built-up area and some of the land of the village of Kh.Lid in the Arab State to
cross the Haifa-Jenin road at a point on the district boundary between Haifa and
Samaria west of El Mansi. It follows this boundary to the southernmost point of
the village of El Buteimat. From here it follows the northern and eastern
boundaries of the village of Ar'ara, rejoining the Haifa-Samaria district
boundary at Wadi'Ara, and thence proceeding south-south-westwards in an
approximately straight line joining up with the western boundary of Qaqun to a
point east of the railway line on the eastern boundary of Qaqun village. From
here it runs along the railway line some distance to the east of it to a point
just east of the Tulkarm railway station. Thence the boundary follows a line
half-way between the railway and the Tulkarm-Qalqiliya-Jaljuliya and Ras el Ein
road to a point just east of Ras el Ein station, whence it proceeds along the
railway some distance to the east of it to the point on the railway line south
of the junction of the Haifa-Lydda and Beit Nabala lines, whence it proceeds
along the southern border of Lydda airport to its south-west corner, thence in a
south-westerly direction to a point just west of the built-up area of Sarafand
el'Amar, whence it turns south, passing just to the west of the built-up area of
Abu el Fadil to the north-east corner of the lands of Beer Ya'Aqov. (The
boundary line should be so demarcated as to allow direct access from the Arab
State to the airport.) Thence the boundary line follows the western and southern
boundaries of Ramle village, to the north-east corner of El Na'ana village,
thence in a straight line to the southernmost point of El Barriya, along the
eastern boundary of that village and the southern boundary of 'Innaba village.
Thence it turns north to follow the southern side of the Jaffa-Jerusalem road
until El Qubab, whence it follows the road to the boundary of Abu Shusha. It
runs along the eastern boundaries of Abu Shusha, Seidun, Hulda to the
southernmost point of Hulda, thence westwards in a straight line to the
north-eastern corner of Umm Kalkha, thence following the northern boundaries of
Umm Kalkha, Qazaza and the northern and western boundaries of Mukhezin to the
Gaza District boundary and thence runs across the village lands of El Mismiya,
El Kabira, and Yasur to the southern point of intersection, which is midway
between the built-up areas of Yasur and Batani Sharqi.
From the southern point of intersection the boundary
lines run north-westwards between the villages of Gan Yavne and Barqa to the sea
at a point half way between Nabi Yunis and Minat el Qila, and south-eastwards to
a point west of Qastina, whence it turns in a south-westerly direction, passing
to the east of the built-up areas of Es Sawafir, Es Sharqiya and Ibdis. >From the
south-east corner of Ibdis village it runs to a point south-west of the built-up
area of Beit 'Affa, crossing the Hebron-El Majdal road just to the west of the
built-up area of Iraq Suweidan. Thence it proceeds southwards along the western
village boundary of El Faluja to the Beersheba sub-district boundary. It then
runs across the tribal lands of 'Arab el Jubarat to a point on the boundary
between the sub-districts of Beersheba and Hebron north of Kh. Khuweilifa,
whence it proceeds in a south-westerly direction to a point on the
Beersheba-Gaza main road two kilometres to the north-west of the town. It then
turns south-eastwards to reach Wadi Sab' at a point situated one kilometre to
the west of it. From here it turns north-eastwards and proceeds along Wadi Sab'
and along the Beersheba-Hebron road for a distance of one kilometre, whence it
turns eastwards and runs in a straight line to Kh. Kuseifa to join the
Beersheba-Hebron sub-district boundary. It then follows the Beersheba-Hebron
boundary eastwards to a point north of Ras Ez Zuweira, only departing from it so
as to cut across the base of the indentation between vertical grid lines 150 and
160.
About five kilometres north-east
of Ras ez Zuweira it turns north, excluding from the Arab State a strip along
the coast of the Dead Sea not more than seven kilometres in depth, as far as Ein
Geddi, whence it turns due east to join the Transjordan frontier in the Dead
Sea.
The northern boundary of the
Arab section of the coastal plain runs from a point between Minat el Qila and
Nabi Yunis, passing between the built-up areas of Gan Yavne and Barqa to the
point of intersection. From here it turns south-westwards, running across the
lands of Batani Sharqi, along the eastern boundary of the lands of Beit Daras
and across the lands of Julis, leaving the built-up areas of Batani Sharqi and
Julis to the westwards, as far as the north-west corner of the lands of Beit
Tima. Thence it runs east of El Jiya across the village lands of El Barbara
along the eastern boundaries of the villages of Beit Jirja, Deir Suneid and
Dimra. From the south-east corner of Dimra the boundary passes across the lands
of Beit Hanun, leaving the Jewish lands of Nir-Am to the eastwards. From the
south-east corner of Dimra the boundary passes across the lands of Beit Hanun,
leaving the Jewish lands of Nir-Am to the eastwards. From the south-east corner
of Beit Hanun the line runs south-west to a point south of the parallel grid
line 100, then turns north-west for two kilometres, turning again in a
south-westerly direction and continuing in an almost straight line to the
north-west corner of the village lands of Kirbet Ikhza'a. From there it follows
the boundary line of this village to its southernmost point. It then runs in a
southernly direction along the vertical grid line 90 to its junction with the
horizontal grid line 70. It then turns south-eastwards to Kh. el Ruheiba and
then proceeds in a southerly direction to a point known as El Baha, beyond which
it crosses the Beersheba-El 'Auja main road to the west of Kh. el Mushrifa. From
there it joins Wadi El Zaiyatin just to the west of El Subeita. From there it
turns to the north-east and then to the south-east following this Wadi and
passes to the east of 'Abda to join Wadi Nafkh. It then bulges to the south-west
along Wadi Nafkh. It then bulges to the south-west along Wadi Nafkh, Wadi Ajrim
and Wadi Lassan to the point where Wadi Lassan crosses the Egyptian
frontier.
The area of the Arab
enclave of Jaffa consists of that part of the town-planning area of Jaffa which
lies to the west of the Jewish quarters lying south of Tel-Aviv, to the west of
the continuation of Herzl street up to its junction with the Jaffa-Jerusalem
road, to the south-west of the section of the Jaffa-Jerusalem road lying
south-east of that junction, to the west of Miqve Israel lands, to the
north-west of Holon local council area, to the north of the line linking up the
north-west corner of Holon with the north-east corner of Bat Yam local council
area and to the north of Bat Yam local council area. The question of Karton
quarter will be decided by the Boundary Commission, bearing in mind among other
considerations the desirability of including the smallest possible number of its
Arab inhabitants and the largest possible number of its Jewish inhabitants in
the Jewish State.
B. THE JEWISH
STATE
The north-eastern
sector of the Jewish State (Eastern) Galilee) is bounded on the north and west
by the Lebanese frontier and on the east by the frontiers of Syria and
Transjordan. It includes the whole of the Hula Basin, Lake Tiberias, the whole
of the Beisan sub-district, the boundary line being extended to the crest of the
Gilboa mountains and the Wadi Malih. From there the Jewish State extends
north-west, following the boundary described in respect of the Arab
State.
The Jewish Section of the
coastal plain extends from a point between Minat et Qila and Nabi Yunis in the
Gaza sub-district and includes the towns of Haifa and Tel-Aviv, leaving Jaffa as
an enclave of the Arab State. The eastern frontier of the Jewish State follows
the boundary described in respect of the Arab State.
The Beersheba area comprises the whole of the Beersheba
sub-district, including the Negeb and the eastern part of the Gaza sub-district,
but excluding the town of Beersheba and those areas described in respect of the
Arab State. It includes also a strip of land along the Dead Sea stretching from
the Beersheba-Hebron sub-district boundary line to Ein Geddi, as described in
respect of the Arab State.
C. THE CITY OF
JERUSALEM
The boundaries of
the City of Jerusalem are as defined in the recommendations on the City of
Jerusalem. (See Part III, Section B, below).
PART
III
City of
Jerusalem
A. SPECIAL REGIME
The City of Jerusalem shall be established as a
corpus separatum under a special international regime and shall be
administered by the United Nations. The Trusteeship Council shall be designated
to discharge the responsibilities of the Administering Authority on behalf of
the United Nations.
B. BOUNDARIES OF THE
CITY
The City of Jerusalem
shall include the present municipality of Jerusalem plus the surrounding
villages and towns, the most eastern of which shall be Abu Dis; the most
southern, Bethlehem; the most western, Ein Karim (including also the built-up
area of Motsa); and the most northern Shu'fat, as indicated on the attached
sketch-map (annex B).
C. STATUTE OF THE
CITY
The Trusteeship
Council shall, within five months of the approval of the present plan, elaborate
and approve a detailed Statute of the City which shall contain inter alia the
substance of the following provisions:
1. Government
machinery; special objectives. The
Administering Authority in discharging its administrative obligations shall
pursue the following special objectives:
(a) To protect and to preserve the unique spiritual and
religious interests located in the city of the three great monotheistic faiths
throughout the world, Christian, Jewish and Moslem; to this end to ensure that
order and peace, and especially religious peace, reign in
Jerusalem;
(b) To foster co-operation
among all the inhabitants of the city in their own interests as well as in order
to encourage and support the peaceful development of the mutual relations
between the two Palestinian peoples throughout the Holy Land; to promote the
security, well-being and any constructive measures of development of the
residents, having regard to the special circumstances and customs of the various
peoples and communities.
2.
Governor and administrative
staff. A Governor of the City of
Jerusalem shall be appointed by the Trusteeship Council and shall be responsible
to it. He shall be selected on the basis of special qualifications and without
regard to nationality. He shall not, however, be a citizen of either State in
Palestine.
The Governor shall
represent the United Nations in the City and shall exercise on their behalf all
powers of administration, including the conduct of external affairs. He shall be
assisted by an administrative staff classed as international officers in the
meaning of Article 100 of the Charter and chosen whenever practicable from the
residents of the city and of the rest of Palestine on a non-discriminatory
basis. A detailed plan for the organization of the administration of the city
shall be submitted by the Governor to the Trusteeship Council and duly approved
by it.
3. Local autonomy. (a) The existing local autonomous units in the territory
of the city (villages, townships and municipalities) shall enjoy wide powers of
local government and administration.
(b) The Governor shall study and submit for the
consideration and decision of the Trusteeship Council a plan for the
establishment of a special town units consisting respectively, of the Jewish and
Arab sections of new Jerusalem. The new town units shall continue to form part
of the present municipality of Jerusalem.
4. Security
measures. (a) The City of Jerusalem
shall be demilitarized; its neutrality shall be declared and preserved, and no
para-military formations, exercises or activities shall be permitted within its
borders.
(b) Should the
administration of the City of Jerusalem be seriously obstructed or prevented by
the non-co-operation or interference of one or more sections of the population,
the Governor shall have authority to take such measures as may be necessary to
restore the effective functioning of the administration.
(c) To assist in the maintenance of internal law and
order and especially for the protection of the Holy Places and religious
buildings and sites in the city, the Governor shall organize a special police
force of adequate strength, the members of which shall be recruited outside of
Palestine. The Governor shall be empowered to direct such budgetary provision as
may be necessary for the maintenance of this force.
5. Legislative
organization. A Legislative Council,
elected by adult residents of the city irrespective of nationality on the basis
of universal and secret suffrage and proportional representation, shall have
powers of legislation and taxation. No legislative measures shall, however,
conflict or interfere with the provisions which will be set forth in the Statute
of the City, nor shall any law, regulation, or official action prevail over
them. The Statute shall grant to the Governor a right of vetoing bills
inconsistent with the provisions referred to in the preceding sentence. It shall
also empower him to promulgate temporary ordinances in case the council fails to
adopt in time a bill deemed essential to the normal functioning of the
administration.
6. Administration of justice. The Statute shall provide for the establishment of an
independent judiciary system, including a court of appeal. All the inhabitants
of the City shall be subject to it.
7. Economic union
and economic regime. The City of
Jerusalem shall be included in the Economic Union of Palestine and be bound by
all stipulations of the undertaking and of any treaties issued therefrom, as
well as by the decision of the Joint Economic Board. The headquarters of the
Economic Board shall be established in the territory of the
City.
The Statute shall provide for
the regulation of economic matters not falling within the regime of the Economic
Union, on the basis of equal treatment and non-discrimination for all members of
the United Nations and their nationals.
8. Freedom of
transit and visit; control of residents.
Subject to considerations of security, and of economic welfare as determined by
the Governor under the directions of the Trusteeship Council, freedom of entry
into, and residence within, the borders of the City shall be guaranteed for the
residents or citizens of the Arab and Jewish States. Immigration into, and
residence within, the borders of the city for nationals of other States shall be
controlled by the Governor under the directions of the Trusteeship
Council.
9. Relations with the Arab and Jewish
States. Representatives of the Arab and
Jewish States shall be accredited to the Governor of the City and charged with
the protection of the interests of their States and nationals in connexion with
the international administration of the City.
10. Official
languages. Arabic and Hebrew shall be
the official languages of the city. This will not preclude the adoption of one
or more additional working languages, as may be required.
11. Citizenship. All
the residents shall become ipso facto citizens of the City of Jerusalem unless
they opt for citizenship of the State of which they have been citizens or, if
Arabs or Jews, have filed notice of intention to become citizens of the Arab or
Jewish State respectively, according to part I, section B, paragraph 9, of this
plan.
The Trusteeship Council shall
make arrangements for consular protection of the citizens of the City outside
its territory.
12. Freedoms of Citizens. (a) Subject only to the requirements of public order and
morals, the inhabitants of the City shall be ensured the enjoyment of human
rights and fundamental freedoms, including freedom of conscience, religion and
worship, language, education, speech and press, assembly and association, and
petition.
(b) No discrimination of
any kind shall be made between the inhabitants on the grounds of race, religion,
language or sex.
(c) All persons
within the City shall be entitled to equal protection of the
laws.
(d) The family law and personal
status of the various persons and communities and their religious interests,
including endowments, shall be respected.
(e) Except as may be required for the maintenance of
public order and good government, no measure shall be taken to obstruct or
interfere with the enterprise of religious or charitable bodies of all faiths or
to discriminate against any representative or member of these bodies on the
ground of his religion or nationality.
(f) The City shall ensure adequate primary and secondary
education for the Arab and Jewish communities respectively, in their own
languages and in accordance with their cultural traditions.
The right of each community to maintain its own schools
for the education of its own members in its own language, while conforming to
such educational requirements of a general nature as the City may impose, shall
not be denied or impaired. Foreign educational establishments shall continue
their activity on the basis of their existing rights.
(g) No restriction shall be imposed on the free use by
any inhabitant of the City of any language in private intercourse, in commerce,
in religion, in the Press or in publications of any kind, or at public
meetings.
13. Holy Places. (a)
Existing rights in respect of Holy Places and religious buildings or sites shall
not be denied or impaired.
(b) Free
access to the Holy Places and religious buildings or sites and the free exercise
of worship shall be secured in conformity with existing rights and subject to
the requirements of public order and decorum.
(c) Holy Places and religious buildings or sites shall be
preserved. No act shall be permitted which may in any way impair their sacred
character. If at any time it appears to the Governor that any particular Holy
Place, religious building or site is in need of urgent repair, the Governor may
call upon the community or communities concerned to carry out such repair. The
Governor may carry it out himself at the expense of the community or communities
concerned if no action is taken within a reasonable time.
(d) No taxation shall be levied in respect of any Holy
Place, religious building or site which was exempt from taxation on the date of
the creation of the City. No change in the incidence of such taxation shall be
made which would either discriminate between the owners or occupiers of Holy
Places, religious buildings or sites, or would place such owners or occupiers in
a position less favourable in relation to the general incidence of taxation than
existed at the time of the adoption of the Assembly's
recommendations.
14. Special powers of the Governor in respect of the Holy
Places, religious buildings and sites in the City and in any part of
Palestine. (a) The protection of the
Holy Places, religious buildings and sites located in the City of Jerusalem
shall be a special concern of the Governor.
(b) With relation to such places, buildings and sites in
Palestine outside the city, the Governor shall determine, on the ground of
powers granted to him by the Constitutions of both States, whether the
provisions of the Constitutions of the Arab and Jewish States in Palestine
dealing therewith and the religious rights appertaining thereto are being
properly applied and respected.
(c)
The Governor shall also be empowered to make decisions on the basis of existing
rights in cases of disputes which may arise between the different religious
communities or the rites of a religious community in respect of the Holy Places,
religious buildings and sites in any part of Palestine.
In this task he may be assisted by a consultative council
of representatives of different denominations acting in an advisory
capacity.
D. DURATION OF THE SPECIAL
REGIME
The Statute
elaborated by the Trusteeship Council on the aforementioned principles shall
come into force not later than 1 October 1948. It shall remain in force in the
first instance for a period of ten years, unless the Trusteeship Council finds
it necessary to undertake a re-examination of these provisions at an earlier
date. After the expiration of this period the whole scheme shall be subject to
re-examination by the Trusteeship Council in the light of the experience
acquired with its functioning. The residents of the City shall be then free to
express by means of a referendum their wishes as to possible modifications of
the regime of the City.
PART IV
CAPITULATIONS
States whose nationals have in the past enjoyed in
Palestine the privileges and immunities of foreigners, including the benefits of
consular jurisdiction and protection, as formerly enjoyed by capitulation or
usage in the Ottoman Empire, are invited to renounce any right pertaining to
them to the re-establishment of such privileges and immunities in the proposed
Arab and Jewish States and the City of Jerusalem.
* * *
Notes
1/ See Official
Records of the second session of the General Assembly, Supplement No. 11,
Volumes I-IV.
2/ This resolution was adopted without reference to a
Committee.
3/ The following
stipulation shall be added to the declaration concerning the Jewish State: "In
the Jewish State adequate facilities shall be given to Arab-speaking citizens
for the use of their language, either orally or in writing, in the legislature,
before the Courts and in the administration."
4/ In the declaration concerning the Arab State, the words
"by an Arab in the Jewish State" should be replaced by the words "by a Jew in
the Arab State".
5/ The boundary
lines described in part II are indicated in Annex A. The base map used in
marking and describing this boundary is "Palestine 1:250000" published by the
Survey of Palestine, 1946.
Annex B
CITY OF JERUSALEM
BOUNDARIES
PROPOSED
BY THE AD HOC COMMITTEE
ON THE PALESTINIAN QUESTION
Map No. 104 (b) United Nations UN
Presentation 600 (b)
November
1947
Voting: 
