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