U.N. GENERAL ASSEMBLY RESOLUTION 181
NOVEMBER 29, 1947
United Nations General Assembly Resolution 181 called for the partition of the British-ruled Palestine Mandate into a Jewish state and an Arab state. It was approved on November 29, 1947 with 33 votes in favor, 13 against, 10 abstentions and one absent (see list at end of document).
The resolution was accepted by the Jews in Palestine, yet rejected by the Arabs in Palestine and the Arab states.
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
(a) The Security Council take the necessary measures as provided for in
the plan for its implementation;
(b) The Security Council consider, if circumstances during the
transitional period require such consideration, whether the situation in
Palestine constitutes a threat to the peace. If it decides that such a
threat exists, and in order to maintain international peace and
security, the Security Council should supplement the authorization of
the General Assembly by taking measures, under Articles 39 and 41 of the
Charter, to empower the United Nations Commission, as provided in this
resolution, to exercise in Palestine the functions which are assigned to
it by this resolution;
(c) The Security Council determine as a threat to the peace, breach of
the peace or act of aggression, in accordance with Article 39 of the
Charter, any attempt to alter by force the settlement envisaged by this
resolution;
(d) The Trusteeship Council be informed of the responsibilities
envisaged for it in this plan;
Calls upon the inhabitants of Palestine to take such steps as may be
necessary on their part to put this plan into effect;
Appeals to all Governments and all peoples to refrain from taking 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
1. The Mandate for Palestine shall terminate as soon as possible but in
any case not later than 1 August 1948.
2. The armed forces of the mandatory Power shall be progressively
withdrawn from Palestine, the withdrawal to be completed as soon as
possible but in any case not later than 1 August 1948.
The mandatory Power shall advise the Commission, as far in advance as
possible, of its intention to terminate the mandate and to evacuate each
area. The mandatory Power shall use its best endeavours to ensure 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.
3. Independent Arab and Jewish States and the Special International
Regime for the City of Jerusalem, set forth in Part III of this Plan,
shall come into existence in Palestine two months after the evacuation
of the armed forces of the mandatory Power has been completed but in any
case not later than 1 October 1948. The boundaries of the Arab State,
the Jewish State, and the City of Jerusalem shall be as described in
Parts II and III below.
4. The period between the adoption by the General Assembly of its
recommendation on the question of Palestine and the establishment of the
independence of the Arab and Jewish States shall be a transitional
period.
B. Steps preparatory to Independence
1. A Commission shall be set up consisting of one representative of each
of five Member States. The Members represented on the Commission shall
be elected by the General Assembly on as broad a basis, geographically
and otherwise, as possible.
2. The administration of Palestine shall, as the mandatory Power
withdraws its armed forces, be progressively turned over to the
Commission, which shall act in conformity with the recommendations of
the General Assembly, under the guidance of the Security Council. The
mandatory Power shall to the fullest possible extent 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.
3. On its arrival in Palestine the Commission shall proceed to carry out
measures for the establishment of the frontiers of the Arab and Jewish
States and the City of Jerusalem in accordance with the general lines of
the recommendations of the General Assembly on the partition of
Palestine. Nevertheless, the boundaries as described in Part II of this
Plan are to be modified in such a way that village areas as a rule will
not be divided by state boundaries unless pressing reasons make that
necessary.
4. The Commission, after consultation with the democratic parties and
other public organizations of the Arab and Jewish States, shall select
and establish in each State as rapidly as possible a Provisional Council
of Government. The activities of both the Arab and Jewish Provisional
Councils of Government shall be carried out under the general direction
of the Commission.
If by 1 April 1948 a Provisional Council of Government cannot be
selected for either of the States, or, if selected, cannot carry out its
functions, the Commission shall communicate that fact to the Security
Council for such action with respect to that State as the Security
Council may deem proper, and to the Secretary-General for communication
to the Members of the United Nations.
5. Subject to the provisions of these recommendations, during the
transitional period the Provisional Councils of Government, acting under
the Commission, shall have full authority in the areas under their
control including authority over matters of immigration and land
regulation.
6. The Provisional Council of Government of each State, acting under the
Commission, shall progressively receive from the Commission full
responsibility for the administration of that State in the period
between the termination of the Mandate and the establishment of the
State's independence.
7. The Commission shall instruct the Provisional Councils of Government
of both the Arab and Jewish States, after their formation, to proceed to
the establishment of administrative organs of government, central and
local.
8. The Provisional Council of Government of each State shall, within the
shortest time possible, recruit an armed militia from the residents of
that State, sufficient in number to maintain internal order and to
prevent frontier clashes.
This armed militia in each State shall, for operational purposes, be
under the command of Jewish or Arab officers resident in that State, but
general political and military control, including the choice of the
militia's High Command, shall be exercised by the Commission.
9. The Provisional Council of Government of each State shall, not later
than two months after the withdrawal of the armed forces of the
mandatory Power, hold elections to the Constituent Assembly which shall
be conducted on democratic lines.
The election regulations in each State shall be drawn up by the
Provisional Council of Government and approved by the Commission.
Qualified voters for each State for this election shall be persons over
eighteen years of age who are (a) Palestinian citizens residing in that
State; and (b) Arabs and Jews residing in the State, although not
Palestinian citizens, who, before voting, have signed a notice of
intention to become citizens of such State.
Arabs and Jews residing in the City of Jerusalem who have signed a
notice of intention to become citizens, the Arabs of the Arab State and
the Jews of the Jewish State, shall be entitled to vote in the Arab and
Jewish States respectively.
Women may vote and be elected to the Constituent Assemblies.
During the transitional period no Jew shall be permitted to establish
residence in the area of the proposed Arab State, and no Arab shall be
permitted to establish residence in the area of the proposed Jewish
State, except by special leave of the Commission.
10. The Constituent Assembly of each State shall draft a democratic
constitution for its State and choose a provisional government to
succeed the Provisional Council of Government appointed by the
Commission. The Constitutions of the States shall embody Chapters 1 and
2 of the Declaration provided for in section C below and include, inter
alia, provisions for:
(a) Establishing in each State a legislative body elected by universal
suffrage and by secret ballot on the basis of proportional
representation, and an executive body responsible to the legislature;
(b) Settling all international disputes in which the State may be
involved by peaceful means in such a manner that international peace and
security, and justice, are not endangered;
(c) Accepting the obligation of the State to refrain in its
international relations from the threat or use of force against the
territorial integrity or political independence of any State, or in any
other manner inconsistent with the purpose of the United Nations;
(d) Guaranteeing to all persons equal and non-discriminatory rights in
civil, political, economic and religious matters and the enjoyment of
human rights and fundamental freedoms, including freedom of religion,
language, speech and publication, education, assembly and association;
(e) Preserving freedom of transit and visit for all residents and
citizens of the other State in Palestine and the City of Jerusalem,
subject to considerations of national security, provided that each State
shall control residence within its borders.
11. The Commission shall appoint a preparatory economic commission of
three members to make whatever arrangements are possible for economic
co-operation, with a view to establishing, as soon as practicable, the
Economic Union and the Joint Economic Board, as provided in section D
below.
12. During the period between the adoption of the recommendations on the
question of Palestine by the General Assembly and the termination of the
Mandate, the mandatory Power in Palestine shall maintain full
responsibility for administration in areas from which it has not
withdrawn its armed forces. The Commission shall assist the mandatory
Power in the carrying out of these functions. Similarly the mandatory
Power shall co-operate with the Commission in the execution of its
functions.
13. With a view to ensuring that there shall be continuity in the
functioning of administrative services and that, on the withdrawal of
the armed forces of the mandatory Power, the whole administration shall
be in the charge of the Provisional Councils and the Joint Economic
Board, respectively, acting under the Commission, there shall be a
progressive transfer, from the mandatory Power to the Commission, of
responsibility for all the functions of government, including that of
maintaining law and order in the areas from which the forces of the
mandatory Power have been withdrawn.
14. The Commission shall be guided in its activities by the
recommendations of the General Assembly and by such instructions as the
Security Council may consider necessary to issue.
The measures taken by the Commission, within the recommendations of the
General Assembly, shall become immediately effective unless the
Commission has previously received contrary instructions from the
Security Council.
The Commission shall render periodic monthly progress reports, or more
frequently if desirable, to the Security Council.
15. The Commission shall make its final report to the next regular
session of the General Assembly and to the Security Council
simultaneously.
C. Declaration
A declaration shall be made to the United Nations by the Provisional
Government of each proposed State before independence. It shall contain,
inter alia, the following clauses:
General Provision The stipulations contained in the Declaration are
recognized as fundamental laws of the State and no law, regulation or
official action shall conflict or interfere with these stipulations, nor
shall any law, regulation or official action prevail over them.
CHAPTER I: HOLY PLACES, RELIGIOUS BUILDINGS AND SITES
1. Existing rights in respect of Holy Places and religious buildings or
sites shall not be denied or impaired.
2. In so far as Holy Places are concerned, the liberty of access, visit,
and transit shall be guaranteed, in conformity with existing rights, to
all residents and 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.
3. 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.
4. No taxation shall be levied in respect of any Holy Place, religious
building or site which was exempt from taxation on the date of the
creation of the State.
No change in the incidence of such taxation shall be made which would
either discriminate between the owners or occupiers of Holy Places,
religious buildings or sites, or would place such owners or occupiers in
a position less favourable in relation to the general incidence of
taxation than existed at the time of the adoption of the Assembly's
recommendations.
5. The Governor of the City of Jerusalem shall have the right to
determine whether the provisions of the Constitution of the State in
relation to Holy Places, religious buildings and sites within the
borders of the State and the religious rights appertaining thereto, are
being properly applied and respected, and to make decisions on the basis
of existing rights in cases of disputes which may arise between the
different religious communities or the rites of a religious community
with respect to such places, buildings and sites. He shall receive full
co-operation and such privileges and immunities as are necessary for the
exercise of his functions in the State.
CHAPTER 2: RELIGIOUS AND MINORITY RIGHTS
1. Freedom of conscience and the free exercise of all forms of worship,
subject only to the maintenance of public order and morals, shall be
ensured to all.
2. No discrimination of any kind shall be made between the inhabitants
on the ground of race, religion, language or sex.
3. All persons within the jurisdiction of the State shall be entitled to
equal protection of the laws.
4. The family law and personal status of the various minorities and
their religious interests, including endowments, shall be respected.
5. Except as may be required for the maintenance of public order and
good government, no measure shall be taken to obstruct or interfere with
the enterprise of religious or charitable bodies of all faiths or to
discriminate against any representative or member of these bodies on the
ground of his religion or nationality.
6. The State shall ensure adequate primary and secondary education for
the Arab and Jewish minority, respectively, in its own language and its
cultural traditions.
The right of each community to maintain its own schools for the
education of its own members in its own language, while conforming to
such educational requirements of a general nature as the State may
impose, shall not be denied or impaired. Foreign educational
establishments shall continue their activity on the basis of their
existing rights.
7. No restriction shall be imposed on the free use by any citizen of the
State of any language in private intercourse, in commerce, in religion,
in the Press or in publications of any kind, or at public meetings.(3)
8. 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
(a) The State shall be bound by all the international agreements and
conventions, both general and special, to which Palestine has become a
party. Subject to any right of denunciation provided for therein, such
agreements and conventions shall be respected by the State throughout
the period for which they were concluded.
(b) Any dispute about the applicability and continued validity of
international conventions or treaties signed or adhered to by the
mandatory Power on behalf of Palestine shall be referred to the
International Court of Justice in accordance with the provisions of the
Statute of the Court.
3. Financial obligations
(a) The State shall respect and fulfil all financial obligations of
whatever nature assumed on behalf of Palestine by the mandatory Power
during the exercise of the Mandate and recognized by the State. This
provision includes the right of public servants to pensions,
compensation or gratuities.
(b) These obligations shall be fulfilled through participation in the
Joint Economic Board in respect of those obligations applicable to
Palestine as a whole, and individually in respect of those applicable
to, and fairly apportionable between, the States.
(c) A Court of Claims, affiliated with the Joint Economic Board, and
composed of one member appointed by the United Nations, one
representative of the United Kingdom and one representative of the State
concerned, should be established. Any dispute between the United Kingdom
and the State respecting claims not recognized by the latter should be
referred to that Court.
(d) Commercial concessions granted in respect of any part of Palestine
prior to the adoption of the resolution by the General Assembly shall
continue to be valid according to their terms, unless modified by
agreement between the concession-holders and the State.
Chapter 4. Miscellaneous Provisions
1. The provisions of chapters 1 and 2 of the declaration shall be under
the guarantee of the United Nations, and no modifications shall be made
in them without the assent of the General Assembly of the United
Nations. Any Member of the United Nations shall have the right to bring
to the attention of the General Assembly any infraction or danger of
infraction of any of these stipulations, and the General Assembly may
thereupon make such recommendations as it may deem proper in the
circumstances.
2. Any dispute relating to the application or interpretation of this
declaration shall be referred, at the request of either party, to the
International Court of Justice, unless the parties agree to another mode
of settlement.
D. Economic Union and Transit
1. The Provisional Council of Government of each State shall enter into
an undertaking with respect to Economic Union and Transit. This
undertaking shall be drafted by the Commission provided for in section
B, paragraph 1, utilizing to the greatest possible extent the advice and
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
2. The objectives of the Economic Union of Palestine shall be:
(a) A customs union;
(b) A joint currency system providing for a single foreign exchange
rate;
(c) Operation in the common interest on a non-discriminatory basis of
railways inter-State highways; postal, telephone and telegraphic
services and ports and airports involved in international trade and
commerce;
(d) Joint economic development, especially in respect of irrigation,
land reclamation and soil conservation;
(e) Access for both States and for the City of Jerusalem on a
non-discriminatory basis to water and power facilities.
3. There shall be established a Joint Economic Board, which shall
consist of three representatives of each of the two States and three
foreign members appointed by the Economic and Social Council of the
United Nations. The foreign members shall be appointed in the first
instance for a term of three years; they shall serve as individuals and
not as representatives of States.
4. The functions of the Joint Economic Board shall be to implement
either directly or by delegation the measures necessary to realize the
objectives of the Economic Union. It shall have all powers of
organization and administration necessary to fulfil its functions.
5. The States shall bind themselves to put into effect the decisions of
the Joint Economic Board. The Board's decisions shall be taken by a
majority vote.
6. In the event of failure of a State to take the necessary action the
Board may, by a vote of six members, decide to withhold an appropriate
portion of 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.
7. 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.
8. In regard to the joint currency system, the currencies circulating in
the two States and the City of Jerusalem shall be issued under the
authority of the Joint Economic Board, which shall be the sole issuing
authority and which shall determine the reserves to be held against such
currencies.
9. So far as is consistent with paragraph 2(b) above, each State may
operate its own central bank, control its own fiscal and credit policy,
its foreign exchange receipts and expenditures, the grant of import
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.
10. All economic authority not specifically vested in the Joint Economic
Board is reserved to each State.
11. There shall be a common customs tariff with complete freedom of
trade between the States, and between the States and the City of
Jerusalem.
12. The tariff schedules shall be drawn up by a Tariff Commission,
consisting of representatives of each of the States in equal numbers,
and shall be submitted to the Joint Economic Board for approval by a
majority vote. In case of disagreement in the Tariff Commission, the
Joint Economic Board shall arbitrate the points of difference. In the
event that the Tariff Commission fails to draw up any schedule by a date
to be fixed, the Joint Economic Board shall determine the tariff
schedule.
13. The following items shall be a first charge on the customs and other
common revenue of the Joint Economic Board:
(a) The expenses of the customs service and of the operation of the
joint services;
(b) The administrative expenses of the Joint Economic Board;
(c) The financial obligations of the Administration of Palestine,
consisting of:
i The service of the outstanding public debt;
ii The cost of superannuation benefits, now being paid or falling due in
the future, in accordance with the rules and to the extent established
by paragraph 3 of chapter 3 above.
14. After these obligations have been met in full, the surplus revenue
from the customs and other common services shall be divided in the
following manner: not less than 5 per cent and not more than 10 per cent
to the City of Jerusalem; the residue shall be allocated to each State
by the Joint Economic Board equitably, with the objective of maintaining
a sufficient and suitable level of government and social services in
each State, except that the share of either State shall not exceed the
amount of that State's contribution to the revenues of the Economic
Union by more than approximately four million pounds in any year. The
amount granted may be adjusted by the Board according to the price level
in relation to the prices prevailing at the time of the establishment of
the Union. After five years, the principles of the distribution of the
joint revenue may be revised by the Joint Economic Board on a basis of
equity.
15. All international conventions and treaties affecting customs tariff
rates, and those communications services under the jurisdiction of the
Joint Economic Board, shall be entered into by both States. In these
matters, the two States shall be bound to act in accordance with the
majority of the Joint Economic Board.
16. The Joint Economic Board shall endeavour to secure for Palestine's
exports fair and equal access to world markets.
17. All enterprises operated by the Joint Economic Board shall pay fair
wages on &uniform basis.
Freedom of Transit and Visit
18. The undertaking shall contain provisions preserving freedom of
transit and visit for all residents or citizens of both States and of
the City of Jerusalem, subject to security considerations; provided that
each State and the City shall control residence within its borders.
Termination, Modification and Interpretation of the Undertaking
19. The undertaking and any treaty issuing therefrom shall remain in
force for a period of ten years. It shall continue in force until notice
of termination, to take effect two years thereafter, is given by either
of the parties.
20. During the initial ten-year period, the undertaking and any treaty
issuing therefrom may not be modified except by consent of both parties
and with the approval of the General Assembly.
21. Any dispute relating to the application or the interpretation of the
undertaking and any treaty issuing therefrom shall be referred, at the
request of either party, to the International Court Of Justice, unless
the parties agree to another mode of settlement.
E. Assets
1. The movable assets of the Administration of Palestine shall be
allocated to the Arab and Jewish States and the City of Jerusalem on an
equitable basis. Allocations should be made by the United Nations
Commission referred to iii section B, paragraph 1, above. Immovable
assets shall become the property of the government of the territory in
which they are situated.
2. During the period between the appointment of the United Nations
Commission and the termination of the Mandate, the mandatory Power
shall, except in respect of ordinary operations, consult with the
Commission on any measure which it may contemplate involving the
liquidation, disposal or encumbering of the assets of the Palestine
Government, such as the accumulated treasury surplus, the proceeds of
Government bond issues, State lands or any other asset.
F. Admission to Membership in the United Nations
When the independence of either the Arab or the Jewish State as
envisaged in this plan has become effective and the declaration and
undertaking, as envisaged in this plan, have been signed by either of
them, sympathetic consideration should be given to its application for
admission to membership in the United Nations in accordance with article
4 of the Charter of the United Nations.
PART II. - BOUNDARIES
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:
1. Government machinery; special objectives. The Administering Authority
in discharging its administrative obligations shall pursue the following
special objectives:
a) To protect and to preserve the unique spiritual and religious
interests located in the city of the three great monotheistic faiths
throughout the world, Christian, Jewish and Moslem; to this end to
ensure that order and peace, and especially religious peace, reign in
Jerusalem;
b) To foster 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.
2. Governor and Administrative staff. A Governor of the City of
Jerusalem shall be appointed by the Trusteeship Council and shall be
responsible to it. He shall be selected on the basis of special
qualifications and without regard to nationality. He shall not, however,
be a citizen of either State in Palestine.
The Governor shall represent the United Nations in the City and shall
exercise on their behalf all powers of administration, including the
conduct of external affairs. He shall be assisted by an administrative
staff classed as international officers in the meaning of Article 100 of
the Charter and chosen whenever practicable from the residents of the
city and of the rest of Palestine on a non-discriminatory basis. A
detailed plan for the organization of the administration of the city
shall be submitted by the Governor to the Trusteeship Council and duly
approved by it.
3. Local autonomy
a) The existing local autonomous units in the territory of the city
(villages, townships and municipalities) shall enjoy wide powers of
local government and administration.
b) The Governor shall study and submit for the consideration and
decision of the Trusteeship Council a plan for the establishment of
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.
4. Security measures
a) 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.
b) 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.
c) 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.
5. Legislative Organization. A Legislative Council, elected by adult
residents of the city irrespective of nationality on the basis of
universal and secret suffrage and proportional representation, shall
have powers of legislation and taxation. No legislative measures shall,
however, conflict or interfere with the provisions which will be set
forth in the Statute of the City, nor shall any law, regulation, or
official action prevail over them. The Statute shall grant to the
Governor a right of vetoing bills inconsistent with the provisions
referred to in the preceding sentence. It shall also empower him to
promulgate temporary ordinances in case the Council fails to adopt in
time a bill deemed essential to the normal functioning of the
administration.
6. Administration of Justice. The Statute shall provide for the
establishment of an independent judiciary system, including a court of
appeal. All the inhabitants of the city shall be subject to it.
7. Economic Union and Economic Regime. The City of Jerusalem shall be
included in the Economic Union of Palestine and be bound by all
stipulations of the undertaking and of any treaties issued therefrom, as
well as by the 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.
8. Freedom of Transit and Visit: Control of residents. Subject to
considerations of security, and of economic welfare as determined by the
Governor under the directions of the Trusteeship Council, freedom of
entry into, and residence within the borders of the City shall be
guaranteed for the residents or citizens of the Arab and Jewish States.
Immigration into, and residence within, the borders of the city for
nationals of other States shall be controlled by the Governor under the
directions of the Trusteeship Council.
9. Relations with 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.
10. Official languages. Arabic and Hebrew shall be the official
languages of the city. This will not preclude the adoption of one or
more additional working languages, as may be required.
11. Citizenship. All the residents shall become ipso facto citizens of
the City of Jerusalem unless they opt for citizenship of the State of
which they have been citizens or, if Arabs or Jews, have filed notice of
intention to become citizens of the Arab or Jewish State respectively,
according to Part 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.
12. Freedoms of citizens
a) Subject only to the requirements of public order and morals, the
inhabitants of the City shall be ensured the enjoyment of human rights
and fundamental freedoms, including freedom of conscience, religion and
worship, language, education, speech and press, assembly and
association, and petition.
b) No discrimination of any kind shall be made between the inhabitants
on the grounds of race, religion, language or sex.
c) All persons within the City shall be entitled to equal protection of
the laws.
d) The family law and personal status of the various persons and
communities and their religious interests, including endowments, shall
be respected.
e) Except as may be required for the maintenance of public order and
good government, no measure shall be taken to obstruct or interfere with
the enterprise of religious or charitable bodies of all faiths or to
discriminate against any representative or member of these bodies on the
ground of his religion or nationality.
f) The City shall ensure adequate primary and secondary education for
the Arab and Jewish communities respectively, in their own languages and
in accordance with their cultural traditions.
The right of each community to maintain its own schools for the
education of its own members in its own language, while conforming to
such educational requirements of a general nature as the City may
impose, shall not be denied or impaired. Foreign educational
establishments shall continue their activity on the basis of their
existing rights.
g) No restriction shall be imposed on the free use by any inhabitant of
the City of any language in private intercourse, in commerce, in
religion, in the Press or in publications of any kind, or at public
meetings.
13. Holy Places
a) Existing rights in respect of Holy Places and religious buildings or
sites shall not be denied or impaired.
b) Free access to the Holy Places and religious buildings or sites and
the free exercise of worship shall be secured in conformity with
existing rights and subject to the requirements of public order and
decorum.
c) Holy Places and religious buildings or sites shall be preserved. No
act shall be permitted which may in any way impair their sacred
character. If at any time it appears to the Governor that any particular
Holy Place, religious building or site is in need of urgent repair, the
Governor may call upon the community or communities concerned to carry
out such repair. The Governor may carry it out himself at the expense of
the community or communities concerned if no action is taken within a
reasonable time.
d) No taxation shall be levied in respect of any Holy Place, religious
building or site which was exempt from taxation on the date of the
creation of the City. No change in the incidence of such taxation shall
be made which would either discriminate between the owners or occupiers
of Holy Places, religious buildings or sites or would place such owners
or occupiers in a position less favourable in relation to the general
incidence of taxation than existed at the time of the adoption of the
Assembly's recommendations.
14. Special powers of the Governor in respect of the Holy Places,
religious buildings and sites in the City and in any part of Palestine.
a) The protection of the Holy Places, religious buildings and sites
located in the City of Jerusalem shall be a special concern of the
Governor.
b) With relation to such places, buildings and sites in Palestine
outside the city, the Governor shall determine, on the ground of powers
granted to him by the 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.
c) The Governor shall also be empowered to make decisions on the basis
of existing rights in cases of disputes which may arise between the
different religious communities or the rites of a religious community in
respect of the Holy Places, religious buildings and sites in any part of
Palestine.
In this task he may be assisted by a consultative council of
representatives of different denominations acting in an advisory
capacity.
D. Duration of the special regime
The Statute elaborated by the Trusteeship Council 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).
.
