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A/RES/194 (III)
11 December 1948 |
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194 (III). Palestine --
Progress Report of the
United
Nations Mediator
The General
Assembly,
Having considered
further the situation in
Palestine,
1. Expresses its
deep appreciation of the progress achieved through the good offices of the late
United Nations Mediator in promoting a peaceful adjustment of the future
situation of Palestine, for which cause he sacrificed his life;
and
Extends its
thanks to the Acting Mediator and his staff for their continued efforts and
devotion to duty in Palestine;
2.
Establishes a Conciliation Commission consisting of three States
members of the United Nations which shall have the following
functions:
(a) To assume, in so far
as it considers necessary in existing circumstances, the functions given to the
United Nations Mediator on Palestine by resolution 186 (S-2) of the General
Assembly of 14 May 1948;
(b) To carry
out the specific functions and directives given to it by the present resolution
and such additional functions and directives as may be given to it by the
General Assembly or by the Security Council;
(c) To undertake, upon the request of the Security
Council, any of the functions now assigned to the United Nations Mediator on
Palestine or to the United Nations Truce Commission by resolutions of the
Security Council; upon such request to the Conciliation Commission by the
Security Council with respect to all the remaining functions of the United
Nations Mediator on Palestine under Security Council resolutions, the office of
the Mediator shall be terminated;
3.
Decides that a Committee of the Assembly, consisting of China,
France, the Union of Soviet Socialist Republics, the United Kingdom and the
United States of America, shall present, before the end of the first part of the
present session of the General Assembly, for the approval of the Assembly, a
proposal concerning the names of the three States which will constitute the
Conciliation Commission;
4.
Requests the Commission to begin its functions at once, with a
view to the establishment of contact between the parties themselves and the
Commission at the earliest possible date;
5. Calls
upon the Governments and authorities
concerned to extend the scope of the negotiations provided for in the Security
Council's resolution of 16 November 1948 1/ and to seek agreement by negotiations conducted either
with the Conciliation Commission or directly, with a view to the final
settlement of all questions outstanding between them;
6. Instructs the
Conciliation Commission to take steps to assist the Governments and authorities
concerned to achieve a final settlement of all questions outstanding between
them;
7. Resolves that the
Holy Places - including Nazareth - religious buildings and sites in Palestine
should be protected and free access to them assured, in accordance with existing
rights and historical practice; that arrangements to this end should be under
effective United Nations supervision; that the United Nations Conciliation
Commission, in presenting to the fourth regular session of the General Assembly
its detailed proposals for a permanent international regime for the territory of
Jerusalem, should include recommendations concerning the Holy Places in that
territory; that with regard to the Holy Places in the rest of Palestine the
Commission should call upon the political authorities of the areas concerned to
give appropriate formal guarantees as to the protection of the Holy Places and
access to them; and that these undertakings should be presented to the General
Assembly for approval;
8.
Resolves that, in view of its association with three world
religions, the Jerusalem area, including 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, should be accorded
special and separate treatment from the rest of Palestine and should be placed
under effective United Nations control;
Requests the
Security Council to take further steps to ensure the demilitarization of
Jerusalem at the earliest possible date;
Instructs the
Conciliation Commission to present to the fourth regular session of the General
Assembly detailed proposals for a permanent international regime for the
Jerusalem area which will provide for the maximum local autonomy for distinctive
groups consistent with the special international status of the Jerusalem
area;
The Conciliation Commission is
authorized to appoint a United Nations representative, who shall co-operate with
the local authorities with respect to the interim administration of the
Jerusalem area;
9. Resolves that,
pending agreement on more detailed arrangements among the Governments and
authorities concerned, the freest possible access to Jerusalem by road, rail or
air should be accorded to all inhabitants of Palestine;
Instructs the
Conciliation Commission to report immediately to the Security Council, for
appropriate action by that organ, any attempt by any party to impede such
access;
10. Instructs the
Conciliation Commission to seek arrangements among the Governments and
authorities concerned which will facilitate the economic development of the
area, including arrangements for access to ports and airfields and the use of
transportation and communication facilities;
11. Resolves that the
refugees wishing to return to their homes and live at peace with their
neighbours should be permitted to do so at the earliest practicable date, and
that compensation should be paid for the property of those choosing not to
return and for loss of or damage to property which, under principles of
international law or in equity, should be made good by the Governments or
authorities responsible;
Instructs
the Conciliation Commission to facilitate the repatriation, resettlement and
economic and social rehabilitation of the refugees and the payment of
compensation, and to maintain close relations with the Director of the United
Nations Relief for Palestine Refugees and, through him, with the appropriate
organs and agencies of the United Nations;
12. Authorizes the
Conciliation Commission to appoint such subsidiary bodies and to employ such
technical experts, acting under its authority, as it may find necessary for the
effective discharge of its functions and responsibilities under the present
resolution;
The Conciliation
Commission will have its official headquarters at Jerusalem. The authorities
responsible for maintaining order in Jerusalem will be responsible for taking
all measures necessary to ensure the security of the Commission. The
Secretary-General will provide a limited number of guards to the protection of
the staff and premises of the Commission;
13. Instructs the
Conciliation Commission to render progress reports periodically to the
Secretary-General for transmission to the Security Council and to the Members of
the United Nations;
14.
Calls upon all Governments and authorities concerned to co-operate
with the Conciliation Commission and to take all possible steps to assist in the
implementation of the present resolution;
15. Requests the
Secretary-General to provide the necessary staff and facilities and to make
appropriate arrangements to provide the necessary funds required in carrying out
the terms of the present resolution.
* * *
At the 186th
plenary meeting on 11 December 1948, a committee of the Assembly consisting of
the five States designated in paragraph 3 of the above resolution proposed that
the following three States should constitute the Conciliation
Commission:
France, Turkey, United States
of America.
The proposal of the Committee having been adopted by the
General Assembly at the same meeting, the Conciliation Commission is therefore
composed of the above-mentioned three States.
____________________
1/ See Official
Records of the Security Council, Third
Year, No. 126.