Die Unabhängigkeit des Staates Israel:
Der Weg zum 14.Mai 1948
Am 29. November 1947 stimmte die
Vollversammlung der Vereinten Nationen für die Errichtung von zwei Staaten
auf dem Gebiet des britischen Mandatsgebietes (westlich des Jordans) - eines
jüdischen und eines arabischen Staates. Die Juden nahmen den Vorschlag an,
die Araber lehnten ihn ab. Am 14. Mai 1948 wurde der Staat Israel gegründet.
Seither hat Israel nicht davon abgelassen, nach einer Möglichkeit der
friedlichen Koexistenz mit seinen palästinensischen Nachbarn zu suchen.
Der 29. NOVEMBER 1947:
TEXT DER UN-RESOLUTION
Es wird einen jüdischen Staat geben
UN-Teilungsplan
der jüdische Staat, der arabische Staat und das internationale Gebiet um
Jerusalem.
Am 29. November 1947 nimmt die UN-Vollversammlung den von der Mehrheit
der UNSCOP-Kommission empfohlenen Teilungsplan an. Allerdings wird das
Gebiet des jüdischen Staates geringfügig verkleinert.
The General Assembly,
Having met in
special session at the request of the mandatory Power to constitute and
instruct a Special Committee to prepare for the consideration of the
question of the future Government of Palestine at the second regular
session;
Having constituted
a Special Committee and instructed it to investigate all questions and
issues relevant to the problem of Palestine, and to prepare proposals for
the solution of the problem, and
Having received and
examined the report of the Special Committee (document A/364)(1) including a
number of unanimous recommendations and a plan of partition with economic
union approved by the majority of the Special Committee,
Considers that the
present situation in Palestine is one which is likely to impair the general
welfare and friendly relations among nations;
Takes note of the
declaration by the mandatory Power that it plans to complete its evacuation
of Palestine by l August 1948;
Recommends to the
United Kingdom, as the mandatory Power for Palestine, and to all other
Members of the United Nations the adoption and implementation, with regard
to the future Government of Palestine, of the Plan of Partition with
Economic Union set out below;
Requests that
- The Security Council take the necessary measures as provided for in
the plan for its implementation;
The Security Council consider, if circumstances during the
transitional period require such consideration, whether the situation in
Palestine constitutes a threat to the peace. If it decides that such a
threat exists, and in order to maintain international peace and
security, the Security Council should supplement the authorization of
the General Assembly by taking measures, under Articles 39 and 41 of the
Charter, to empower the United Nations Commission, as provided in this
resolution, to exercise in Palestine the functions which are assigned to
it by this resolution;
The Security Council determine as a threat to the peace, breach of the
peace or act of aggression, in accordance with Article 39 of the
Charter, any attempt to alter by force the settlement envisaged by this
resolution;
The Trusteeship Council be informed of the
responsibilities envisaged for it in this plan;
Calls upon the
inhabitants of Palestine to take such steps as may be necessary on their
part to put this plan into effect;
Appeals to all
Governments and all peoples to refrain from taking any action which might
hamper or delay the carrying out of these recommendations, and
Authorizes the
Secretary-General to reimburse travel and subsistence expenses of the
members of the Commission referred to in Part 1, Section B, Paragraph I
below, on such basis and in such form as he may determine most appropriate
in the circumstances, and to provide the Commission with the necessary staff
to assist in carrying out the functions assigned to the Commission by the
General Assembly.*
The General Assembly,
Authorizes the
Secretary-General to draw from the Working Capital Fund a sum not to exceed
2,000,000 dollars for the purposes set forth in the last paragraph of the
resolution on the future government of Palestine.
PLAN OF PARTITION WITH ECONOMIC UNION
Part I. - Future Constitution and Government of
Palestine
A. TERMINATION OF MANDATE, PARTITION AND INDEPENDENCE
- The Mandate for Palestine shall terminate as soon as possible but in
any case not later than 1 August 1948.
The armed forces of the mandatory Power shall be progressively
withdrawn from Palestine, the withdrawal to be completed as soon as
possible but in any case not later than 1 August 1948.
The mandatory Power shall advise the Commission, as far in advance as
possible, of its intention to terminate the mandate and to evacuate each
area. The mandatory Power shall use its best endeavours to ensure that
an area situated in the territory of the Jewish State, including a
seaport and hinterland adequate to provide facilities for a substantial
immigration, shall be evacuated at the earliest possible date and in any
event not later than 1 February 1948.
Independent Arab and Jewish States and the Special International
Regime for the City of Jerusalem, set forth in Part III of this Plan,
shall come into existence in Palestine two months after the evacuation
of the armed forces of the mandatory Power has been completed but in any
case not later than 1 October 1948. The boundaries of the Arab State,
the Jewish State, and the City of Jerusalem shall be as described in
Parts II and III below.
The period between the adoption by the General Assembly
of its recommendation on the question of Palestine and the establishment
of the independence of the Arab and Jewish States shall be a
transitional period.
B. STEPS PREPARATORY TO INDEPENDENCE
- A Commission shall be set up consisting of one representative of each
of five Member States. The Members represented on the Commission shall
be elected by the General Assembly on as broad a basis, geographically
and otherwise, as possible.
The administration of Palestine shall, as the mandatory Power
withdraws its armed forces, be progressively turned over to the
Commission, which shall act in conformity with the recommendations of
the General Assembly, under the guidance of the Security Council. The
mandatory Power shall to the fullest possible extent coordinate its
plans for withdrawal with the plans of the Commission to take over and
administer areas which have been evacuated.
In the discharge of this administrative responsibility the Commission
shall have authority to issue necessary regulations and take other
measures as required.
The mandatory Power shall not take any action to prevent, obstruct or
delay the implementation by the Commission of the measures recommended
by the General Assembly.
On its arrival in Palestine the Commission shall proceed to carry out
measures for the establishment of the frontiers of the Arab and Jewish
States and the City of Jerusalem in accordance with the general lines of
the recommendations of the General Assembly on the partition of
Palestine. Nevertheless, the boundaries as described in Part II of this
Plan are to be modified in such a way that village areas as a rule will
not be divided by state boundaries unless pressing reasons make that
necessary.
The Commission, after consultation with the democratic parties and
other public organizations of the Arab and Jewish States, shall select
and establish in each State as rapidly as possible a Provisional Council
of Government. The activities of both the Arab and Jewish Provisional
Councils of Government shall be carried out under the general direction
of the Commission.
If by 1 April 1948 a Provisional Council of Government cannot be selected
for either of the States, or, if selected, cannot carry out its
functions, the Commission shall communicate that fact to the Security
Council for such action with respect to that State as the Security
Council may deem proper, and to the Secretary-General for communication
to the Members of the United Nations.
Subject to the provisions of these recommendations, during the
transitional period the Provisional Councils of Government, acting under
the Commission, shall have full authority in the areas under their
control including authority over matters of immigration and land
regulation.
The Provisional Council of Government of each State, acting under the
Commission, shall progressively receive from the Commission full
responsibility for the administration of that State in the period
between the termination of the Mandate and the establishment of the
State's independence.
The Commission shall instruct the Provisional Councils of Government
of both the Arab and Jewish States, after their formation, to proceed to
the establishment of administrative organs of government, central and
local.
The Provisional Council of Government of each State shall, within the
shortest time possible, recruit an armed militia from the residents of
that State, sufficient in number to maintain internal order and to
prevent frontier clashes.
This armed militia in each State shall, for operational purposes, be under
the command of Jewish or Arab officers resident in that State, but
general political and military control, including the choice of the
militia's High Command, shall be exercised by the Commission.
The Provisional Council of Government of each State shall, not later
than two months after the withdrawal of the armed forces of the
mandatory Power, hold elections to the Constituent Assembly which shall
be conducted on democratic lines.
The election regulations in each State shall be drawn up by the
Provisional Council of Government and approved by the Commission.
Qualified voters for each State for this election shall be persons over
eighteen years of age who are (a) Palestinian citizens residing in that
State; and (b) Arabs and Jews residing in the State, although not
Palestinian citizens, who, before voting, have signed a notice of
intention to become citizens of such State.
Arabs and Jews residing in the City of Jerusalem who have signed a notice
of intention to become citizens, the Arabs of the Arab State and the
Jews of the Jewish State, shall be entitled to vote in the Arab and
Jewish States respectively.
Women may vote and be elected to the Constituent Assemblies.
During the transitional period no Jew shall be permitted to establish
residence in the area of the proposed Arab State, and no Arab shall be
permitted to establish residence in the area of the proposed Jewish
State, except by special leave of the Commission.
The Constituent Assembly of each State shall draft a democratic
constitution for its State and choose a provisional government to
succeed the Provisional Council of Government appointed by the
Commission. The Constitutions of the States shall embody Chapters 1 and
2 of the Declaration provided for in section C below and include, inter
alia, provisions for:
- Establishing in each State a legislative body elected
by universal suffrage and by secret ballot on the basis of proportional
representation, and an executive body responsible to the legislature;
- Settling all international disputes in which the
State may be involved by peaceful means in such a manner that
international peace and security, and justice, are not endangered;
- Accepting the obligation of the State to refrain in
its international relations from the threat or use of force against the
territorial integrity or political independence of any State, or in any
other manner inconsistent with the purpose of the United Nations;
- Guaranteeing to all persons equal and
non-discriminatory rights in civil, political, economic and religious
matters and the enjoyment of human rights and fundamental freedoms,
including freedom of religion, language, speech and publication,
education, assembly and association;
- Preserving freedom of transit and visit for all
residents and citizens of the other State in Palestine and the City of
Jerusalem, subject to considerations of national security, provided that
each State shall control residence within its borders.
The Commission shall appoint a preparatory economic commission of
three members to make whatever arrangements are possible for economic
co-operation, with a view to establishing, as soon as practicable, the
Economic Union and the Joint Economic Board, as provided in section D
below.
During the period between the adoption of the recommendations on the
question of Palestine by the General Assembly and the termination of the
Mandate, the mandatory Power in Palestine shall maintain full
responsibility for administration in areas from which it has not
withdrawn its armed forces. The Commission shall assist the mandatory
Power in the carrying out of these functions. Similarly the mandatory
Power shall co-operate with the Commission in the execution of its
functions.
With a view to ensuring that there shall be continuity in the
functioning of administrative services and that, on the withdrawal of
the armed forces of the mandatory Power, the whole administration shall
be in the charge of the Provisional Councils and the Joint Economic
Board, respectively, acting under the Commission, there shall be a
progressive transfer, from the mandatory Power to the Commission, of
responsibility for all the functions of government, including that of
maintaining law and order in the areas from which the forces of the
mandatory Power have been withdrawn.
The Commission shall be guided in its activities by the
recommendations of the General Assembly and by such instructions as the
Security Council may consider necessary to issue.
The measures taken by the Commission, within the recommendations of the
General Assembly, shall become immediately effective unless the
Commission has previously received contrary instructions from the
Security Council.
The Commission shall render periodic monthly progress reports, or more
frequently if desirable, to the Security Council.
The Commission shall make its final report to the next
regular session of the General Assembly and to the Security Council
simultaneously.
C. DECLARATION
A declaration shall be made to the United Nations by the
Provisional Government of each proposed State before independence. It shall
contain, inter alia, the following clauses:
General Provision
The stipulations contained in the Declaration are
recognized as fundamental laws of the State and no law, regulation or
official action shall conflict or interfere with these stipulations, nor
shall any law, regulation or official action prevail over them.
Chapter I: Holy Places, Religious Buildings and Sites
- Existing rights in respect of Holy Places and religious buildings or
sites shall not be denied or impaired.
In so far as Holy Places are concerned, the liberty of access, visit,
and transit shall be guaranteed, in conformity with existing rights, to
all residents and citizen of the other State and of the City of
Jerusalem, as well as to aliens, without distinction as to nationality,
subject to requirements of national security, public order and decorum.
Similarly, freedom of worship shall be guaranteed in conformity with
existing rights, subject to the maintenance of public order and decorum.
Holy Places and religious buildings or sites shall be preserved. No
act shall be permitted which may in an way impair their sacred
character. If at any time it appears to the Government that any
particular Holy Place, religious, building or site is in need of urgent
repair, the Government may call upon the community or communities
concerned to carry out such repair. The Government may carry it out
itself at the expense of the community or community concerned if no
action is taken within a reasonable time.
No taxation shall be levied in respect of any Holy Place, religious
building or site which was exempt from taxation on the date of the
creation of the State.
No change in the incidence of such taxation shall be made which would
either discriminate between the owners or occupiers of Holy Places,
religious buildings or sites, or would place such owners or occupiers in
a position less favourable in relation to the general incidence of
taxation than existed at the time of the adoption of the Assembly's
recommendations.
The Governor of the City of Jerusalem shall have the right to
determine whether the provisions of the Constitution of the State in
relation to Holy Places, religious buildings and sites within the
borders of the State and the religious rights appertaining thereto, are
being properly applied and respected, and to make decisions on the basis
of existing rights in cases of disputes which may arise between the
different religious communities or the rites of a religious community
with respect to such places, buildings and sites. He shall receive full
co-operation and such privileges and immunities as are necessary for the
exercise of his functions in the State.
Chapter 2: Religious and Minority Rights
- Freedom of conscience and the free exercise of all forms of worship,
subject only to the maintenance of public order and morals, shall be
ensured to all.
No discrimination of any kind shall be made between the inhabitants on
the ground of race, religion, language or sex.
All persons within the jurisdiction of the State shall be entitled to
equal protection of the laws.
The family law and personal status of the various minorities and their
religious interests, including endowments, shall be respected.
Except as may be required for the maintenance of public order and good
government, no measure shall be taken to obstruct or interfere with the
enterprise of religious or charitable bodies of all faiths or to
discriminate against any representative or member of these bodies on the
ground of his religion or nationality.
The State shall ensure adequate primary and secondary education for
the Arab and Jewish minority, respectively, in its own language and its
cultural traditions.
The right of each community to maintain its own schools for the education
of its own members in its own language, while conforming to such
educational requirements of a general nature as the State may impose,
shall not be denied or impaired. Foreign educational establishments
shall continue their activity on the basis of their existing rights.
No restriction shall be imposed on the free use by any citizen of the
State of any language in private intercourse, in commerce, in religion,
in the Press or in publications of any kind, or at public meetings.(3)
No expropriation of land owned by an Arab in the Jewish State (by a
Jew in the Arab State)(4) shall be allowed except for public purposes.
In all cases of expropriation full compensation as fixed by the Supreme
Court shall be said previous to dispossession.
Chapter 3: Citizenship, International Conventions and
Financial Obligations
1. Citizenship
Palestinian citizens residing in Palestine outside the
City of Jerusalem, as well as Arabs and Jews who, not holding Palestinian
citizenship, reside in Palestine outside the City of Jerusalem shall, upon
the recognition of independence, become citizens of the State in which they
are resident and enjoy full civil and political rights. Persons over the age
of eighteen years may opt, within one year from the date of recognition of
independence of the State in which they reside, for citizenship of the other
State, providing that no Arab residing in the area of the proposed Arab
State shall have the right to opt for citizenship in the proposed Jewish
State and no Jew residing in the proposed Jewish State shall have the right
to opt for citizenship in the proposed Arab State. The exercise of this
right of option will be taken to include the wives and children under
eighteen years of age of persons so opting.
Arabs residing in the area of the proposed Jewish State
and Jews residing in the area of the proposed Arab State who have signed a
notice of intention to opt for citizenship of the other State shall be
eligible to vote in the elections to the Constituent Assembly of that State,
but not in the elections to the Constituent Assembly of the State in which
they reside.
2. International conventions
- The State shall be bound by all the international agreements and
conventions, both general and special, to which Palestine has become a
party. Subject to any right of denunciation provided for therein, such
agreements and conventions shall be respected by the State throughout
the period for which they were concluded.
Any
dispute about the applicability and continued validity of international
conventions or treaties signed or adhered to by the mandatory Power on
behalf of Palestine shall be referred to the International Court of
Justice in accordance with the provisions of the Statute of the Court.
3. Financial obligations
- The State shall respect and fulfil all financial obligations of
whatever nature assumed on behalf of Palestine by the mandatory Power
during the exercise of the Mandate and recognized by the State. This
provision includes the right of public servants to pensions,
compensation or gratuities.
These obligations shall be fulfilled through participation in the
Joint Economic Board in respect of those obligations applicable to
Palestine as a whole, and individually in respect of those applicable
to, and fairly apportionable between, the States.
A Court of Claims, affiliated with the Joint Economic Board, and
composed of one member appointed by the United Nations, one
representative of the United Kingdom and one representative of the State
concerned, should be established. Any dispute between the United Kingdom
and the State respecting claims not recognized by the latter should be
referred to that Court.
Commercial concessions granted in respect of any part of Palestine
prior to the adoption of the resolution by the General Assembly shall
continue to be valid according to their terms, unless modified by
agreement between the concession-holders and the State.
Chapter 4: Miscellaneous Provisions
- The provisions of chapters 1 and 2 of the declaration shall be under
the guarantee of the United Nations, and no modifications shall be made
in them without the assent of the General Assembly of the United
Nations. Any Member of the United Nations shall have the right to bring
to the attention of the General Assembly any infraction or danger of
infraction of any of these stipulations, and the General Assembly may
thereupon make such recommendations as it may deem proper in the
circumstances.
Any dispute relating to the
application or interpretation of this declaration shall be referred, at
the request of either party, to the International Court of Justice,
unless the parties agree to another mode of settlement.
D. ECONOMIC UNION AND TRANSIT
- The Provisional Council of Government of each State
shall enter into an undertaking with respect to Economic Union and
Transit. This undertaking shall be drafted by the Commission provided
for in section B, paragraph 1, utilizing to the greatest possible extent
the advice and cooperation of representative organizations and bodies
from each of the proposed States. It shall contain provisions to
establish the Economic Union of Palestine and provide for other matters
of common interest. If by 1 April 1948 the Provisional Councils of
Government have not entered into the undertaking, the undertaking shall
be put into force by the Commission.
The
Economic Union of Palestine
The objectives of the Economic Union of Palestine shall be:
- A customs union;
- A joint currency system providing for a single
foreign exchange rate;
- Operation in the common interest on a
non-discriminatory basis of railways inter-State highways; postal,
telephone and telegraphic services and ports and airports involved in
international trade and commerce;
- Joint economic development, especially in respect of
irrigation, land reclamation and soil conservation;
- Access for both States and for the City of Jerusalem
on a non-discriminatory basis to water and power facilities.
There shall be established a Joint Economic Board, which shall consist
of three representatives of each of the two States and three foreign
members appointed by the Economic and Social Council of the United
Nations. The foreign members shall be appointed in the first instance
for a term of three years; they shall serve as individuals and not as
representatives of States.
The functions of the Joint Economic Board shall be to implement either
directly or by delegation the measures necessary to realize the
objectives of the Economic Union. It shall have all powers of
organization and administration necessary to fulfil its functions.
The States shall bind themselves to put into effect the
decisions of the Joint Economic Board. The Board's decisions shall be
taken by a majority vote.
In the event of failure of a State to take the
necessary action the Board may, by a vote of six members, decide to
withhold an appropriate portion of the part of the customs revenue to
which the State in question is entitled under the Economic Union. Should
the State persist in its failure to cooperate, the Board may decide by a
simple majority vote upon such further sanctions, including disposition
of funds which it has withheld, as it may deem appropriate.
In relation to economic development, the functions of the Board shall
be planning, investigation and encouragement of joint development
projects, but it shall not undertake such projects except with the
assent of both States and the City of Jerusalem, in the event that
Jerusalem is directly involved in the development project.
In regard to the joint currency system, the currencies circulating in
the two States and the City of Jerusalem shall be issued under the
authority of the Joint Economic Board, which shall be the sole issuing
authority and which shall determine the reserves to be held against such
currencies.
So far as is consistent with paragraph 2(b) above, each State may
operate its own central bank, control its own fiscal and credit policy,
its foreign exchange receipts and expenditures, the grant of import
licences, and may conduct international financial operations on its own
faith and credit. During the first two years after the termination of
the Mandate, the Joint Economic Board shall have the authority to take
such measures as may be necessary to ensure that - to the extent that
the total foreign exchange revenues of the two States from the export of
goods and services permit, and provided that each State takes
appropriate measures to conserve its own foreign exchange resources -
each State shall have available, in any twelve months' period, foreign
exchange sufficient to assure the supply of quantities of imported goods
and services for consumption in its territory equivalent to the
quantities of such goods and services consumed in that territory in the
twelve months' period ending 31 December 1947.
All economic authority not specifically vested in the Joint Economic
Board is reserved to each State.
There shall be a common customs tariff with complete freedom of trade
between the States, and between the States and the City of Jerusalem.
The tariff schedules shall be drawn up by a Tariff Commission,
consisting of representatives of each of the States in equal numbers,
and shall be submitted to the Joint Economic Board for approval by a
majority vote. In case of disagreement in the Tariff Commission, the
Joint Economic Board shall arbitrate the points of difference. In the
event that the Tariff Commission fails to draw up any schedule by a date
to be fixed, the Joint Economic Board shall determine the tariff
schedule.
The following items shall be a first charge on the customs and other
common revenue of the Joint Economic Board:
- The expenses of the customs service and of the
operation of the joint services;
- The administrative expenses of the Joint Economic
Board;
- The financial obligations of the Administration of
Palestine, consisting of:
- The service of the outstanding public debt;
- The cost of superannuation benefits, now being paid
or falling due in the future, in accordance with the rules and to
the extent established by paragraph 3 of chapter 3 above.
After these obligations have been met in full, the surplus revenue
from the customs and other common services shall be divided in the
following manner: not less than 5 per cent and not more than 10 per cent
to the City of Jerusalem; the residue shall be allocated to each State
by the Joint Economic Board equitably, with the objective of maintaining
a sufficient and suitable level of government and social services in
each State, except that the share of either State shall not exceed the
amount of that State's contribution to the revenues of the Economic
Union by more than approximately four million pounds in any year. The
amount granted may be adjusted by the Board according to the price level
in relation to the prices prevailing at the time of the establishment of
the Union. After five years, the principles of the distribution of the
joint revenue may be revised by the Joint Economic Board on a basis of
equity.
All international conventions and treaties affecting customs tariff
rates, and those communications services under the jurisdiction of the
Joint Economic Board, shall be entered into by both States. In these
matters, the two States shall be bound to act in accordance with the
majority of the Joint Economic Board.
The Joint Economic Board shall endeavour to secure for
Palestine's exports fair and equal access to world markets.
All enterprises operated by the Joint Economic Board
shall pay fair wages on a uniform basis.
Freedom of Transit and Visit The
undertaking shall contain provisions preserving freedom of transit and
visit for all residents or citizens of both States and of the City of
Jerusalem, subject to security considerations; provided that each State
and the City shall control residence within its borders.
Termination, Modification and Interpretation of the Undertaking
The undertaking and any treaty issuing therefrom shall remain in force
for a period of ten years. It shall continue in force until notice of
termination, to take effect two years thereafter, is given by either of
the parties.During the initial ten-year period, the undertaking and
any treaty issuing therefrom may not be modified except by consent of
both parties and with the approval of the General Assembly.
Any dispute relating to the application or the interpretation of the
undertaking and any treaty issuing therefrom shall be referred, at the
request of either party, to the International Court Of Justice, unless
the parties agree to another mode of settlement.
E. ASSETS
- The movable assets of the Administration of Palestine shall be
allocated to the Arab and Jewish States and the City of Jerusalem on an
equitable basis. Allocations should be made by the United Nations
Commission referred to iii section B, paragraph 1, above. Immovable
assets shall become the property of the government of the territory in
which they are situated.
During the period between the appointment of the United
Nations Commission and the termination of the Mandate, the mandatory
Power shall, except in respect of ordinary operations, consult with the
Commission on any measure which it may contemplate involving the
liquidation, disposal or encumbering of the assets of the Palestine
Government, such as the accumulated treasury surplus, the proceeds of
Government bond issues, State lands or any other asset.
F. ADMISSION TO MEMBERSHIP IN THE UNITED NATIONS
When the independence of either the Arab or the Jewish
State as envisaged in this plan has become effective and the declaration and
undertaking, as envisaged in this plan, have been signed by either of them,
sympathetic consideration should be given to its application for admission
to membership in the United Nations in accordance with article 4 of the
Charter of the United Nations.
Part II. - Boundaries
A. THE ARAB STATE
The area of the Arab State in Western Galilee is bounded
on the west by the Mediterranean and on the north by the frontier of the
Lebanon from Ras en Naqura to a point north of Saliha. From there the
boundary proceeds southwards, leaving the built-up area of Saliha in the
Arab State, to join the southernmost point of this village. There it follows
the western boundary line of the villages of 'Alma, Rihaniya and Teitaba,
thence following the northern boundary line of Meirun village to join the
Acre-Safad Sub-District boundary line. It follows this line to a point west
of Es Sammu'i village and joins it again at the northernmost point of
Farradiya. Thence it follows the sub-district boundary line to the
Acre-Safad main road. From here it follows the western boundary of
Kafr-I'nan village until it reaches the Tiberias-Acre Sub-District boundary
line, passing to the west of the junction of the Acre-Safad and
Lubiya-Kafr-I'nan roads. From the south-west corner of Kafr-I'nan village
the boundary line follows the western boundary of the Tiberias Sub-District
to a point close to the boundary line between the villages of Maghar and
'Eilabun, thence bulging out to the west to include as much of the eastern
part of the plain of Battuf as is necessary for the reservoir proposed by
the Jewish Agency for the irrigation of lands to the south and east.
The boundary rejoins the Tiberias Sub-District boundary at
a point on the Nazareth-Tiberias road south-east of the built-up area of
Tur'an; thence it runs southwards, at first following the sub-district
boundary and then passing between the Kadoorie Agricultural School and Mount
Tabor, to a point due south at the base of Mount Tabor. From here it runs
due west, parallel to the horizontal grid line 230, to the north-east corner
of the village lands of Tel Adashim. It then runs to the northwest corner of
these lands, whence it turns south and west so as to include in the Arab
State the sources of the Nazareth water supply in Yafa village. On reaching
Ginneiger it follows the eastern, northern and western boundaries of the
lands of this village to their south-west comer, whence it proceeds in a
straight line to a point on the Haifa-Afula railway on the boundary between
the villages of Sarid and El-Mujeidil. This is the point of intersection.
The south-western boundary of the area of the Arab State in Galilee takes a
line from this point, passing northwards along the eastern boundaries of
Sarid and Gevat to the north-eastern corner of Nahalal, proceeding thence
across the land of Kefar ha Horesh to a central point on the southern
boundary of the village of 'Ilut, thence westwards along that village
boundary to the eastern boundary of Beit Lahm, thence northwards and
north-eastwards along its western boundary to the north-eastern corner of
Waldheim and thence north-westwards across the village lands of Shafa 'Amr
to the southeastern corner of Ramat Yohanan. From here it runs due
north-north-east to a point on the Shafa 'Amr-Haifa road, west of its
junction with the road of I'billin. From there it proceeds north-east to a
point on the southern boundary of I'billin situated to the west of the
I'billin-Birwa road. Thence along that boundary to its westernmost point,
whence it turns to the north, follows across the village land of Tamra to
the north-westernmost corner and along the western boundary of Julis until
it reaches the Acre-Safad road. It then runs westwards along the southern
side of the Safad-Acre road to the Galilee-Haifa District boundary, from
which point it follows that boundary to the sea.
The boundary of the hill country of Samaria and Judea
starts on the Jordan River at the Wadi Malih south-east of Beisan and runs
due west to meet the Beisan-Jericho road and then follows the western side
of that road in a north-westerly direction to the junction of the boundaries
of the Sub-Districts of Beisan, Nablus, and Jenin. From that point it
follows the Nablus-Jenin sub-District boundary westwards for a distance of
about three kilometres and then turns north-westwards, passing to the east
of the built-up areas of the villages of Jalbun and Faqqu'a, to the boundary
of the Sub-Districts of Jenin and Beisan at a point northeast of Nuris.
Thence it proceeds first northwestwards to a point due north of the built-up
area of Zie'in and then westwards to the Afula-Jenin railway, thence
north-westwards along the District boundary line to the point of
intersection on the Hejaz railway. From here the boundary runs
southwestwards, including the built-up area and some of the land of the
village of Kh. Lid in the Arab State to cross the Haifa-Jenin road at a
point on the district boundary between Haifa and Samaria west of El- Mansi.
It follows this boundary to the southernmost point of the village of
El-Buteimat. From here it follows the northern and eastern boundaries of the
village of Ar'ara rejoining the Haifa-Samaria district boundary at Wadi
'Ara, and thence proceeding south-south-westwards in an approximately
straight line joining up with the western boundary of Qaqun to a point east
of the railway line on the eastern boundary of Qaqun village. From here it
runs along the railway line some distance to the east of it to a point just
east of the Tulkarm railway station. Thence the boundary follows a line
half-way between the railway and the Tulkarm-Qalqiliya-Jaljuliya and Ras
El-Ein road to a point just east of Ras El-Ein station, whence it proceeds
along the railway some distance to the east of it to the point on the
railway line south of the junction of the Haifa-Lydda and Beit Nabala lines,
whence it proceeds along the southern border of Lydda airport to its
south-west corner, thence in a south-westerly direction to a point just west
of the built-up area of Sarafand El 'Amar, whence it turns south, passing
just to the west of the built-up area of Abu El-Fadil to the north-east
corner of the lands of Beer Ya'aqov. (The boundary line should be so
demarcated as to allow direct access from the Arab State to the airport.)
Thence the boundary line follows the western and southern boundaries of
Ramle village, to the north-east corner of El Na'ana village, thence in a
straight line to the southernmost point of El Barriya, along the eastern
boundary of that village and the southern boundary of 'Innaba village.
Thence it turns north to follow the southern side of the Jaffa-Jerusalem
road until El-Qubab, whence it follows the road to the boundary of
Abu-Shusha. It runs along the eastern boundaries of Abu Shusha, Seidun,
Hulda to the southernmost point of Hulda, thence westwards in a straight
line to the north-eastern corner of Umm Kalkha, thence following the
northern boundaries of Umm Kalkha, Qazaza and the northern and western
boundaries of Mukhezin to the Gaza District boundary and thence runs across
the village lands of El-Mismiya El-Kabira, and Yasur to the southern point
of intersection, which is midway between the built-up areas of Yasur and
Batani Sharqi.
From the southern point of intersection the boundary lines
run north-westwards between the villages of Gan Yavne and Barqa to the sea
at a point half way between Nabi Yunis and Minat El-Qila, and
south-eastwards to a point west of Qastina, whence it turns in a
south-westerly direction, passing to the east of the built-up areas of Es
Sawafir Esh Sharqiya and 'Ibdis. From the south-east corner of 'Ibdis
village it runs to a point southwest of the built-up area of Beit 'Affa,
crossing the Hebron-El-Majdal road just to the west of the built-up area of
'Iraq Suweidan. Thence it proceeds southward along the western village
boundary of El-Faluja to the Beersheba Sub-District boundary. It then runs
across the tribal lands of 'Arab El-Jubarat to a point on the boundary
between the Sub-Districts of Beersheba and Hebron north of Kh. Khuweilifa,
whence it proceeds in a south-westerly direction to a point on the
Beersheba-Gaza main road two kilometres to the north-west of the town. It
then turns south-eastwards to reach Wadi Sab' at a point situated one
kilometer to the west of it. From here it turns north-eastwards and proceeds
along Wadi Sab' and along the Beersheba-Hebron road for a distance of one
kilometer, whence it turns eastwards and runs in a straight line to Kh.
Kuseifa to join the Beersheba-Hebron Sub-District boundary. It then follows
the Beersheba-Hebron boundary eastwards to a point north of Ras Ez-Zuweira,
only departing from it so as to cut across the base of the indentation
between vertical grid lines 150 and 160.
About five kilometres north-east of Ras Ez-Zuweira it
turns north, excluding from the Arab State a strip along the coast of the
Dead Sea not more than seven kilometres in depth, as far as 'Ein Geddi,
whence it turns due east to join the Transjordan frontier in the Dead Sea.
The northern boundary of the Arab section of the coastal
plain runs from a point between Minat El-Qila and Nabi Yunis, passing
between the built-up areas of Gan Yavne and Barqa to the point of
intersection. From here it turns south-westwards, running across the lands
of Batani Sharqi, along the eastern boundary of the lands of Beit Daras and
across the lands of Julis, leaving the built-up areas of Batani Sharqi and
Julis to the westwards, as far as the north-west corner of the lands of
Beit-Tima. Thence it runs east of El-Jiya across the village lands of
El-Barbara along the eastern boundaries of the villages of Beit Jirja, Deir
Suneid and Dimra. From the south-east corner of Dimra the boundary passes
across the lands of Beit Hanun, leaving the Jewish lands of Nir-Am to the
eastwards. From the south-east corner of Beit Hanun the line runs south-west
to a point south of the parallel grid line 100, then turns north-west for
two kilometres, turning again in a southwesterly direction and continuing in
an almost straight line to the north-west corner of the village lands of
Kirbet Ikhza'a. From there it follows the boundary line of this village to
its southernmost point. It then runs in a southerly direction along the
vertical grid line 90 to its junction with the horizontal grid line 70. It
then turns south-eastwards to Kh. El-Ruheiba and then proceeds in a
southerly direction to a point known as El-Baha, beyond which it crosses the
Beersheba-EI 'Auja main road to the west of Kh. El-Mushrifa. From there it
joins Wadi El-Zaiyatin just to the west of El-Subeita. From there it turns
to the north-east and then to the south-east following this Wadi and passes
to the east of 'Abda to join Wadi Nafkh. It then bulges to the south-west
along Wadi Nafkh, Wadi 'Ajrim and Wadi Lassan to the point where Wadi Lassan
crosses the Egyptian frontier.
The area of the Arab enclave of Jaffa consists of that
part of the town-planning area of Jaffa which lies to the west of the Jewish
quarters lying south of Tel-Aviv, to the west of the continuation of Herzl
street up to its junction with the Jaffa-Jerusalem road, to the south-west
of the section of the Jaffa-Jerusalem road lying south-east of that
junction, to the west of Miqve Yisrael lands, to the northwest of Holon
local council area, to the north of the line linking up the north-west
corner of Holon with the northeast corner of Bat Yam local council area and
to the north of Bat Yam local council area. The question of Karton quarter
will be decided by the Boundary Commission, bearing in mind among other
considerations the desirability of including the smallest possible number of
its Arab inhabitants and the largest possible number of its Jewish
inhabitants in the Jewish State.
B. THE JEWISH STATE
The north-eastern sector of the Jewish State (Eastern
Galilee) is bounded on the north and west by the Lebanese frontier and on
the east by the frontiers of Syria and Trans-jordan. It includes the whole
of the Huleh Basin, Lake Tiberias, the whole of the Beisan Sub-District, the
boundary line being extended to the crest of the Gilboa mountains and the
Wadi Malih. From there the Jewish State extends north-west, following the
boundary described in respect of the Arab State. The Jewish section of the
coastal plain extends from a point between Minat El-Qila and Nabi Yunis in
the Gaza Sub-District and includes the towns of Haifa and Tel-Aviv, leaving
Jaffa as an enclave of the Arab State. The eastern frontier of the Jewish
State follows the boundary described in respect of the Arab State.
The Beersheba area comprises the whole of the Beersheba
Sub-District, including the Negeb and the eastern part of the Gaza
Sub-District, but excluding the town of Beersheba and those areas described
in respect of the Arab State. It includes also a strip of land along the
Dead Sea stretching from the Beersheba-Hebron Sub-District boundary line to
'Ein Geddi, as described in respect of the Arab State.
C. THE CITY OF JERUSALEM
The boundaries of the City of Jerusalem are as defined in
the recommendations on the City of Jerusalem. (See Part III, section B,
below).
Part III. - City of Jerusalem (5)
A. SPECIAL REGIME
The City of Jerusalem shall be established as a corpus
separatum under a special international regime and shall be administered by
the United Nations. The Trusteeship Council shall be designated to discharge
the responsibilities of the Administering Authority on behalf of the United
Nations.
B. BOUNDARIES OF THE CITY
The City of Jerusalem shall include the present
municipality of Jerusalem plus the surrounding villages and towns, the most
eastern of which shall be Abu Dis; the most southern, Bethlehem; the most
western, 'Ein Karim (including also the built-up area of Motsa); and the
most northern Shu'fat, as indicated on the attached sketch-map (annex B).
C. STATUTE OF THE CITY
The Trusteeship Council shall, within five months of the
approval of the present plan, elaborate and approve a detailed statute of
the City which shall contain, inter alia, the substance of the following
provisions:
- Government machinery; special objectives. The Administering Authority
in discharging its administrative obligations shall pursue the following
special objectives:
- To protect and to preserve the unique spiritual and
religious interests located in the city of the three great monotheistic
faiths throughout the world, Christian, Jewish and Moslem; to this end
to ensure that order and peace, and especially religious peace, reign in
Jerusalem;
- To foster cooperation among all the inhabitants of
the city in their own interests as well as in order to encourage and
support the peaceful development of the mutual relations between the two
Palestinian peoples throughout the Holy Land; to promote the security,
well-being and any constructive measures of development of the residents
having regard to the special circumstances and customs of the various
peoples and communities.
Governor and Administrative staff. A Governor of the City of Jerusalem
shall be appointed by the Trusteeship Council and shall be responsible
to it. He shall be selected on the basis of special qualifications and
without regard to nationality. He shall not, however, be a citizen of
either State in Palestine.
The Governor shall represent the United Nations in the City and shall
exercise on their behalf all powers of administration, including the
conduct of external affairs. He shall be assisted by an administrative
staff classed as international officers in the meaning of Article 100 of
the Charter and chosen whenever practicable from the residents of the
city and of the rest of Palestine on a non-discriminatory basis. A
detailed plan for the organization of the administration of the city
shall be submitted by the Governor to the Trusteeship Council and duly
approved by it.3.
Local autonomy
- The existing local autonomous units in the territory
of the city (villages, townships and municipalities) shall enjoy wide
powers of local government and administration.
- The Governor shall study and submit for the
consideration and decision of the Trusteeship Council a plan for the
establishment of special town units consisting, respectively, of the
Jewish and Arab sections of new Jerusalem. The new town units shall
continue to form part the present municipality of Jerusalem.
Security measures
- The City of Jerusalem shall be demilitarized;
neutrality shall be declared and preserved, and no para-military
formations, exercises or activities shall be permitted within its
borders.
- Should the administration of the City of Jerusalem be
seriously obstructed or prevented by the non-cooperation or interference
of one or more sections of the population the Governor shall have
authority to take such measures as may be necessary to restore the
effective functioning of administration.
- To assist in the maintenance of internal law and
order, especially for the protection of the Holy Places and religious
buildings and sites in the city, the Governor shall organize a special
police force of adequate strength, the members of which shall be
recruited outside of Palestine. The Governor shall be empowered to
direct such budgetary provision as may be necessary for the maintenance
of this force.
Legislative Organization.
A Legislative Council, elected by adult residents of the city irrespective
of nationality on the basis of universal and secret suffrage and
proportional representation, shall have powers of legislation and
taxation. No legislative measures shall, however, conflict or interfere
with the provisions which will be set forth in the Statute of the City,
nor shall any law, regulation, or official action prevail over them. The
Statute shall grant to the Governor a right of vetoing bills
inconsistent with the provisions referred to in the preceding sentence.
It shall also empower him to promulgate temporary ordinances in case the
Council fails to adopt in time a bill deemed essential to the normal
functioning of the administration.
Administration of Justice.
The Statute shall provide for the establishment of an independent
judiciary system, including a court of appeal. All the inhabitants of
the city shall be subject to it.
Economic Union and Economic Regime.
The City of Jerusalem shall be included in the Economic Union of Palestine
and be bound by all stipulations of the undertaking and of any treaties
issued therefrom, as well as by the decisions of the Joint Economic
Board. The headquarters of the Economic Board shall be established in
the territory City. The Statute shall provide for the regulation of
economic matters not falling within the regime of the Economic Union, on
the basis of equal treatment and non-discrimination for all members of
thc United Nations and their nationals.
Freedom of Transit and Visit: Control of residents.
Subject to considerations of security, and of economic welfare as
determined by the Governor under the directions of the Trusteeship
Council, freedom of entry into, and residence within the borders of the
City shall be guaranteed for the residents or citizens of the Arab and
Jewish States. Immigration into, and residence within, the borders of
the city for nationals of other States shall be controlled by the
Governor under the directions of the Trusteeship Council.
Relations with Arab and Jewish States. Representatives of the Arab and
Jewish States shall be accredited to the Governor of the City and
charged with the protection of the interests of their States and
nationals in connection with the international administration of thc
City.
Official languages.
Arabic and Hebrew shall be the official languages of the city. This will
not preclude the adoption of one or more additional working languages,
as may be required.
Citizenship.
All the residents shall become ipso facto citizens of the City of
Jerusalem unless they opt for citizenship of the State of which they
have been citizens or, if Arabs or Jews, have filed notice of intention
to become citizens of the Arab or Jewish State respectively, according
to Part 1, section B, paragraph 9, of this Plan.
The Trusteeship Council shall make arrangements for consular protection of
the citizens of the City outside its territory.
Freedoms of citizens
- Subject only to the requirements of public order and
morals, the inhabitants of the City shall be ensured the enjoyment of
human rights and fundamental freedoms, including freedom of conscience,
religion and worship, language, education, speech and press, assembly
and association, and petition.
- No discrimination of any kind shall be made between
the inhabitants on the grounds of race, religion, language or sex.
- All persons within the City shall be entitled to
equal protection of the laws.
- The family law and personal status of the various
persons and communities and their religious interests, including
endowments, shall be respected.
- Except as may be required for the maintenance of
public order and good government, no measure shall be taken to obstruct
or interfere with the enterprise of religious or charitable bodies of
all faiths or to discriminate against any representative or member of
these bodies on the ground of his religion or nationality.
- The City shall ensure adequate primary and secondary
education for the Arab and Jewish communities respectively, in their own
languages and in accordance with their cultural traditions.
The right of each community to maintain its own schools for the
education of its own members in its own language, while conforming to
such educational requirements of a general nature as the City may
impose, shall not be denied or impaired. Foreign educational
establishments shall continue their activity on the basis of their
existing rights.
- No restriction shall be imposed on the free use by
any inhabitant of the City of any language in private intercourse, in
commerce, in religion, in the Press or in publications of any kind, or
at public meetings.
Holy Places
- Existing rights in respect of Holy Places and
religious buildings or sites shall not be denied or impaired.
- Free access to the Holy Places and religious
buildings or sites and the free exercise of worship shall be secured in
conformity with existing rights and subject to the requirements of
public order and decorum.
- Holy Places and religious buildings or sites shall be
preserved. No act shall be permitted which may in any way impair their
sacred character. If at any time it appears to the Governor that any
particular Holy Place, religious building or site is in need of urgent
repair, the Governor may call upon the community or communities
concerned to carry out such repair. The Governor may carry it out
himself at the expense of the community or communities concerned if no
action is taken within a reasonable time.
- No taxation shall be levied in respect of any Holy
Place, religious building or site which was exempt from taxation on the
date of the creation of the City. No change in the incidence of such
taxation shall be made which would either discriminate between the
owners or occupiers of Holy Places, religious buildings or sites or
would place such owners or occupiers in a position less favourable in
relation to the general incidence of taxation than existed at the time
of the adoption of the Assembly's recommendations.
Special powers of the Governor in respect of the Holy Places,
religious buildings and sites in the City and in any part of Palestine.
- The protection of the Holy Places, religious
buildings and sites located in the City of Jerusalem shall be a special
concern of the Governor.
- With relation to such places, buildings and sites in
Palestine outside the city, the Governor shall determine, on the ground
of powers granted to him by the Constitution of both States, whether the
provisions of the Constitution of the Arab and Jewish States in
Palestine dealing therewith and the religious rights appertaining
thereto are being properly applied and respected.
- The Governor shall also be empowered to make
decisions on the basis of existing rights in cases of disputes which may
arise between the different religious communities or the rites of a
religious community in respect of the Holy Places, religious buildings
and sites in any part of Palestine.
In this task he may be assisted by a consultative council of
representatives of different denominations acting in an advisory
capacity.
D. DURATION OF THE SPECIAL REGIME
The Statute elaborated by the Trusteeship Council the
aforementioned principles shall come into force not later than 1 October
1948. It shall remain in force in the first instance for a period of ten
years, unless the Trusteeship Council finds it necessary to undertake a
re-examination of these provisions at an earlier date. After the expiration
of this period the whole scheme shall be subject to examination by the
Trusteeship Council in the light of experience acquired with its
functioning. The residents the City shall be then free to express by means
of a referendum their wishes as to possible modifications of regime of the
City.
Part IV. Capitulations
States whose nationals have in the past enjoyed in
Palestine the privileges and immunities of foreigners, including the
benefits of consular jurisdiction and protection, as formerly enjoyed by
capitulation or usage in the Ottoman Empire, are invited to renounce any
right pertaining to them to the re-establishment of such privileges and
immunities in the proposed Arab and Jewish States and the City of Jerusalem.
Adopted at the 128th plenary meeting:
In favour: 33
Australia, Belgium, Bolivia, Brazil, Byelorussian
S.S.R., Canada, Costa Rica, Czechoslovakia, Denmark, Dominican Republic,
Ecuador, France, Guatemala, Haiti, Iceland, Liberia, Luxemburg, Netherlands,
New Zealand, Nicaragua, Norway, Panama, Paraguay, Peru, Philippines, Poland,
Sweden, Ukrainian S.S.R., Union of South Africa, U.S.A., U.S.S.R., Uruguay,
Venezuela.
Against: 13
Afghanistan, Cuba, Egypt, Greece, India, Iran, Iraq,
Lebanon, Pakistan, Saudi Arabia, Syria, Turkey, Yemen.
Abstained: 10
Argentina, Chile, China, Colombia, El Salvador,
Ethiopia, Honduras, Mexico, United Kingdom, Yugoslavia.
(1) See Official Records of the General Assembly, Second
Session Supplement No. 11,Volumes l-lV.
* At its hundred and twenty-eighth plenary meeting on 29 November 1947
the General Assembly, in accordance with the terms of the above resolution,
elected the following members of the United Nations Commission on Palestine:
Bolivia, Czechoslovakia, Denmark, Panama, and Philippines.
(2) This resolution was adopted without reference to a Committee.
(3) The following stipulation shall be added to the declaration
concerning the Jewish State: "In the Jewish State adequate facilities shall
be given to Arabic-speaking citizens for the use of their language, either
orally or in writing, in the legislature, before the Courts and in the
administration."
(4) In the declaration concerning the Arab State, the words "by an Arab
in the Jewish State" should be replaced by the words "by a Jew in the Arab
State."
(5) On the question of the internationalization of Jerusalem, see also
General Assembly resolutions 185 (S-2) of 26 April 1948; 187 (S-2) of 6 May
1948, 303 (lV) of 9 December 1949, and resolutions of the Trusteeship
Council (Section IV).
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