Resolución 181 de Naciones Unidas (1947)

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UN_Partition_Plan_For_Palestine_1947

Plan de partición de Palestina (ONU, 1947)

El 29 de noviembre de 1947 la Asamblea General de las Naciones Unidas aprobó la Resolución 181. En ella se recomendaba un plan para resolver el conflicto entre judíos y árabes en la región de Palestina, que se encontraba en esos momentos bajo administración británica. El plan de la ONU proponía dividir la parte occidental del Mandato en dos Estados, uno judío y otro árabe, con un área, que incluía Jerusalén y Belén, bajo control internacional. La incapacidad del Gobierno británico para llevar a cabo este plan, junto con la negativa de los países árabes de la región a aceptarlo, tuvo como consecuencia la guerra árabe-israelí de 1948, iniciada nada más expirar el Mandato británico y proclamar Israel su independencia. El mismo día de la retirada británica, tropas egipcias, iraquíes, libanesas, sirias y transjordanas, apoyadas por voluntarios libios, saudíes y yemeníes, invadieron el recién proclamado Estado israelí. Fueron derrotadas tras más de un año de enfrentamientos. Esta guerra y la propia fundación del Estado de Israel marcaron el comienzo de la Nakba, término con el que el mundo árabe denomina la expulsión, desposesión, exilio o huida de cientos de miles de palestinos.


Novem­ber 29, 1947

The Gene­ral Assem­bly, Having met in spe­cial ses­sion at the request of the man­da­tory Power to cons­ti­tute and ins­truct a Spe­cial Com­mit­tee to pre­pare for the con­si­de­ra­tion of the ques­tion of the future Govern­ment of Pales­tine at the second regu­lar session;

Having cons­ti­tu­ted a Spe­cial Com­mit­tee and ins­truc­ted it to inves­ti­gate all ques­tions and issues rele­vant to the pro­blem of Pales­tine, and to pre­pare pro­po­sals for the solu­tion of the pro­blem, and

Having recei­ved and exa­mi­ned the report of the Spe­cial Com­mit­tee (docu­ment A/364) inclu­ding a num­ber of una­ni­mous recom­men­da­tions and a plan of par­ti­tion with eco­no­mic union appro­ved by the majo­rity of the Spe­cial Committee,

Con­si­ders that the pre­sent situa­tion in Pales­tine is one which is likely to impair the gene­ral wel­fare and friendly rela­tions among nations;

Takes note of the decla­ra­tion by the man­da­tory Power that it plans to com­plete its eva­cua­tion of Pales­tine by l August 1948;

Recom­mends to the Uni­ted King­dom, as the man­da­tory Power for Pales­tine, and to all other Mem­bers of the Uni­ted Nations the adop­tion and imple­men­ta­tion, with regard to the future Govern­ment of Pales­tine, of the Plan of Par­ti­tion with Eco­no­mic Union set out below;

Requests that

The Secu­rity Coun­cil take the neces­sary mea­su­res as pro­vi­ded for in the plan for its implementation;

The Secu­rity Coun­cil con­si­der, if cir­cums­tan­ces during the tran­si­tio­nal period require such con­si­de­ra­tion, whet­her the situa­tion in Pales­tine cons­ti­tu­tes a threat to the peace. If it deci­des that such a threat exists, and in order to main­tain inter­na­tio­nal peace and secu­rity, the Secu­rity Coun­cil should sup­ple­ment the aut­ho­ri­za­tion of the Gene­ral Assem­bly by taking mea­su­res, under Arti­cles 39 and 41 of the Char­ter, to empo­wer the Uni­ted Nations Com­mis­sion, as pro­vi­ded in this reso­lu­tion, to exer­cise in Pales­tine the fun­ctions which are assig­ned to it by this resolution;

The Secu­rity Coun­cil deter­mine as a threat to the peace, breach of the peace or act of aggres­sion, in accor­dance with Arti­cle 39 of the Char­ter, any attempt to alter by force the settle­ment envi­sa­ged by this resolution;

The Trus­tees­hip Coun­cil be infor­med of the res­pon­si­bi­li­ties envi­sa­ged for it in this plan;

Calls upon the inha­bi­tants of Pales­tine to take such steps as may be neces­sary on their part to put this plan into effect;

Appeals to all Govern­ments and all peo­ples to refrain from taking any action which might ham­per or delay the carr­ying out of these recom­men­da­tions, and

Aut­ho­ri­zes the Secretary-General to reim­burse tra­vel and sub­sis­tence expen­ses of the mem­bers of the Com­mis­sion refe­rred to in Part 1, Sec­tion B, Para­graph I below, on such basis and in such form as he may deter­mine most appro­priate in the cir­cums­tan­ces, and to pro­vide the Com­mis­sion with the neces­sary staff to assist in carr­ying out the fun­ctions assig­ned to the Com­mis­sion by the Gene­ral Assembly.

The Gene­ral Assembly,

Aut­ho­ri­zes the Secretary-General to draw from the Wor­king Capi­tal Fund a sum not to exceed 2,000,000 dollars for the pur­po­ses set forth in the last para­graph of the reso­lu­tion on the future govern­ment of Palestine.

PLAN OF PARTITION WITH ECONOMIC UNION

Part I. – Future Cons­ti­tu­tion and Govern­ment of Palestine

A. TERMINATION OF MANDATE, PARTITION AND INDEPENDENCE

The Man­date for Pales­tine shall ter­mi­nate as soon as pos­si­ble but in any case not later than 1 August 1948.

The armed for­ces of the man­da­tory Power shall be pro­gres­si­vely with­drawn from Pales­tine, the with­dra­wal to be com­ple­ted as soon as pos­si­ble but in any case not later than 1 August 1948.

The man­da­tory Power shall advise the Com­mis­sion, as far in advance as pos­si­ble, of its inten­tion to ter­mi­nate the man­date and to eva­cuate each area. The man­da­tory Power shall use its best endea­vours to ensure that an area situa­ted in the terri­tory of the Jewish State, inclu­ding a sea­port and hin­ter­land ade­quate to pro­vide faci­li­ties for a subs­tan­tial immi­gra­tion, shall be eva­cua­ted at the ear­liest pos­si­ble date and in any event not later than 1 February 1948.

Inde­pen­dent Arab and Jewish Sta­tes and the Spe­cial Inter­na­tio­nal Regime for the City of Jeru­sa­lem, set forth in Part III of this Plan, shall come into exis­tence in Pales­tine two months after the eva­cua­tion of the armed for­ces of the man­da­tory Power has been com­ple­ted but in any case not later than 1 Octo­ber 1948. The boun­da­ries of the Arab State, the Jewish State, and the City of Jeru­sa­lem shall be as des­cri­bed in Parts II and III below.

The period bet­ween the adop­tion by the Gene­ral Assem­bly of its recom­men­da­tion on the ques­tion of Pales­tine and the esta­blish­ment of the inde­pen­dence of the Arab and Jewish Sta­tes shall be a tran­si­tio­nal period.

B. STEPS PREPARATORY TO INDEPENDENCE

A Com­mis­sion shall be set up con­sis­ting of one repre­sen­ta­tive of each of five Mem­ber Sta­tes. The Mem­bers repre­sen­ted on the Com­mis­sion shall be elec­ted by the Gene­ral Assem­bly on as broad a basis, geo­grap­hi­ca­lly and other­wise, as possible.

The admi­nis­tra­tion of Pales­tine shall, as the man­da­tory Power with­draws its armed for­ces, be pro­gres­si­vely tur­ned over to the Com­mis­sion, which shall act in con­for­mity with the recom­men­da­tions of the Gene­ral Assem­bly, under the gui­dance of the Secu­rity Coun­cil. The man­da­tory Power shall to the fullest pos­si­ble extent coor­di­nate its plans for with­dra­wal with the plans of the Com­mis­sion to take over and admi­nis­ter areas which have been evacuated.

In the dis­charge of this admi­nis­tra­tive res­pon­si­bi­lity the Com­mis­sion shall have aut­ho­rity to issue neces­sary regu­la­tions and take other mea­su­res as required.

The man­da­tory Power shall not take any action to pre­vent, obs­truct or delay the imple­men­ta­tion by the Com­mis­sion of the mea­su­res recom­men­ded by the Gene­ral Assembly.

On its arri­val in Pales­tine the Com­mis­sion shall pro­ceed to carry out mea­su­res for the esta­blish­ment of the fron­tiers of the Arab and Jewish Sta­tes and the City of Jeru­sa­lem in accor­dance with the gene­ral lines of the recom­men­da­tions of the Gene­ral Assem­bly on the par­ti­tion of Pales­tine. Nevert­he­less, the boun­da­ries as des­cri­bed in Part II of this Plan are to be modi­fied in such a way that village areas as a rule will not be divi­ded by state boun­da­ries unless pres­sing reasons make that necessary.

The Com­mis­sion, after con­sul­ta­tion with the demo­cra­tic par­ties and other public orga­ni­za­tions of the Arab and Jewish Sta­tes, shall select and esta­blish in each State as rapidly as pos­si­ble a Pro­vi­sio­nal Coun­cil of Govern­ment. The acti­vi­ties of both the Arab and Jewish Pro­vi­sio­nal Coun­cils of Govern­ment shall be carried out under the gene­ral direc­tion of the Commission.

If by 1 April 1948 a Pro­vi­sio­nal Coun­cil of Govern­ment can­not be selec­ted for eit­her of the Sta­tes, or, if selec­ted, can­not carry out its fun­ctions, the Com­mis­sion shall com­mu­ni­cate that fact to the Secu­rity Coun­cil for such action with res­pect to that State as the Secu­rity Coun­cil may deem pro­per, and to the Secretary-General for com­mu­ni­ca­tion to the Mem­bers of the Uni­ted Nations.

Sub­ject to the pro­vi­sions of these recom­men­da­tions, during the tran­si­tio­nal period the Pro­vi­sio­nal Coun­cils of Govern­ment, acting under the Com­mis­sion, shall have full aut­ho­rity in the areas under their con­trol inclu­ding aut­ho­rity over mat­ters of immi­gra­tion and land regulation.

The Pro­vi­sio­nal Coun­cil of Govern­ment of each State, acting under the Com­mis­sion, shall pro­gres­si­vely receive from the Com­mis­sion full res­pon­si­bi­lity for the admi­nis­tra­tion of that State in the period bet­ween the ter­mi­na­tion of the Man­date and the esta­blish­ment of the State’s independence.

The Com­mis­sion shall ins­truct the Pro­vi­sio­nal Coun­cils of Govern­ment of both the Arab and Jewish Sta­tes, after their for­ma­tion, to pro­ceed to the esta­blish­ment of admi­nis­tra­tive organs of govern­ment, cen­tral and local.

The Pro­vi­sio­nal Coun­cil of Govern­ment of each State shall, wit­hin the shor­test time pos­si­ble, recruit an armed mili­tia from the resi­dents of that State, suf­fi­cient in num­ber to main­tain inter­nal order and to pre­vent fron­tier clashes.

This armed mili­tia in each State shall, for ope­ra­tio­nal pur­po­ses, be under the com­mand of Jewish or Arab offi­cers resi­dent in that State, but gene­ral poli­ti­cal and mili­tary con­trol, inclu­ding the choice of the militia’s High Com­mand, shall be exer­ci­sed by the Commission.

The Pro­vi­sio­nal Coun­cil of Govern­ment of each State shall, not later than two months after the with­dra­wal of the armed for­ces of the man­da­tory Power, hold elec­tions to the Cons­ti­tuent Assem­bly which shall be con­duc­ted on demo­cra­tic lines.

The elec­tion regu­la­tions in each State shall be drawn up by the Pro­vi­sio­nal Coun­cil of Govern­ment and appro­ved by the Com­mis­sion. Qua­li­fied voters for each State for this elec­tion shall be per­sons over eigh­teen years of age who are (a) Pales­ti­nian citi­zens resi­ding in that State; and (b) Arabs and Jews resi­ding in the State, alt­hough not Pales­ti­nian citi­zens, who, before voting, have sig­ned a notice of inten­tion to become citi­zens of such State.

Arabs and Jews resi­ding in the City of Jeru­sa­lem who have sig­ned a notice of inten­tion to become citi­zens, the Arabs of the Arab State and the Jews of the Jewish State, shall be entitled to vote in the Arab and Jewish Sta­tes respectively.

Women may vote and be elec­ted to the Cons­ti­tuent Assemblies.

During the tran­si­tio­nal period no Jew shall be per­mit­ted to esta­blish resi­dence in the area of the pro­po­sed Arab State, and no Arab shall be per­mit­ted to esta­blish resi­dence in the area of the pro­po­sed Jewish State, except by spe­cial leave of the Commission.

The Cons­ti­tuent Assem­bly of each State shall draft a demo­cra­tic cons­ti­tu­tion for its State and choose a pro­vi­sio­nal govern­ment to suc­ceed the Pro­vi­sio­nal Coun­cil of Govern­ment appoin­ted by the Com­mis­sion. The Cons­ti­tu­tions of the Sta­tes shall embody Chap­ters 1 and 2 of the Decla­ra­tion pro­vi­ded for in sec­tion C below and include, inter alia, pro­vi­sions for:

Esta­blis­hing in each State a legis­la­tive body elec­ted by uni­ver­sal suf­frage and by secret ballot on the basis of pro­por­tio­nal repre­sen­ta­tion, and an exe­cu­tive body res­pon­si­ble to the legislature;

Settling all inter­na­tio­nal dis­pu­tes in which the State may be invol­ved by pea­ce­ful means in such a man­ner that inter­na­tio­nal peace and secu­rity, and jus­tice, are not endangered;

Accep­ting the obli­ga­tion of the State to refrain in its inter­na­tio­nal rela­tions from the threat or use of force against the terri­to­rial inte­grity or poli­ti­cal inde­pen­dence of any State, or in any other man­ner incon­sis­tent with the pur­pose of the Uni­ted Nations;

Gua­ran­te­eing to all per­sons equal and non-discriminatory rights in civil, poli­ti­cal, eco­no­mic and reli­gious mat­ters and the enjoy­ment of human rights and fun­da­men­tal free­doms, inclu­ding free­dom of reli­gion, lan­guage, speech and publi­ca­tion, edu­ca­tion, assem­bly and association;

Pre­ser­ving free­dom of tran­sit and visit for all resi­dents and citi­zens of the other State in Pales­tine and the City of Jeru­sa­lem, sub­ject to con­si­de­ra­tions of natio­nal secu­rity, pro­vi­ded that each State shall con­trol resi­dence wit­hin its borders.

The Com­mis­sion shall appoint a pre­pa­ra­tory eco­no­mic com­mis­sion of three mem­bers to make wha­te­ver arran­ge­ments are pos­si­ble for eco­no­mic co-operation, with a view to esta­blis­hing, as soon as prac­ti­ca­ble, the Eco­no­mic Union and the Joint Eco­no­mic Board, as pro­vi­ded in sec­tion D below.

During the period bet­ween the adop­tion of the recom­men­da­tions on the ques­tion of Pales­tine by the Gene­ral Assem­bly and the ter­mi­na­tion of the Man­date, the man­da­tory Power in Pales­tine shall main­tain full res­pon­si­bi­lity for admi­nis­tra­tion in areas from which it has not with­drawn its armed for­ces. The Com­mis­sion shall assist the man­da­tory Power in the carr­ying out of these fun­ctions. Simi­larly the man­da­tory Power shall co-operate with the Com­mis­sion in the exe­cu­tion of its functions.

With a view to ensu­ring that there shall be con­ti­nuity in the fun­ctio­ning of admi­nis­tra­tive ser­vi­ces and that, on the with­dra­wal of the armed for­ces of the man­da­tory Power, the whole admi­nis­tra­tion shall be in the charge of the Pro­vi­sio­nal Coun­cils and the Joint Eco­no­mic Board, res­pec­ti­vely, acting under the Com­mis­sion, there shall be a pro­gres­sive trans­fer, from the man­da­tory Power to the Com­mis­sion, of res­pon­si­bi­lity for all the fun­ctions of govern­ment, inclu­ding that of main­tai­ning law and order in the areas from which the for­ces of the man­da­tory Power have been withdrawn.

The Com­mis­sion shall be gui­ded in its acti­vi­ties by the recom­men­da­tions of the Gene­ral Assem­bly and by such ins­truc­tions as the Secu­rity Coun­cil may con­si­der neces­sary to issue.

The mea­su­res taken by the Com­mis­sion, wit­hin the recom­men­da­tions of the Gene­ral Assem­bly, shall become imme­dia­tely effec­tive unless the Com­mis­sion has pre­viously recei­ved con­trary ins­truc­tions from the Secu­rity Council.

The Com­mis­sion shall ren­der perio­dic monthly pro­gress reports, or more fre­quently if desira­ble, to the Secu­rity Council.

The Com­mis­sion shall make its final report to the next regu­lar ses­sion of the Gene­ral Assem­bly and to the Secu­rity Coun­cil simultaneously.

C. DECLARATION

A decla­ra­tion shall be made to the Uni­ted Nations by the Pro­vi­sio­nal Govern­ment of each pro­po­sed State before inde­pen­dence. It shall con­tain, inter alia, the follo­wing clauses:

Gene­ral Provision

The sti­pu­la­tions con­tai­ned in the Decla­ra­tion are recog­ni­zed as fun­da­men­tal laws of the State and no law, regu­la­tion or offi­cial action shall con­flict or inter­fere with these sti­pu­la­tions, nor shall any law, regu­la­tion or offi­cial action pre­vail over them.

Chap­ter 1: Holy Pla­ces, Reli­gious Buil­dings and Sites

Exis­ting rights in res­pect of Holy Pla­ces and reli­gious buil­dings or sites shall not be denied or impaired.

In so far as Holy Pla­ces are con­cer­ned, the liberty of access, visit, and tran­sit shall be gua­ran­teed, in con­for­mity with exis­ting rights, to all resi­dents and citi­zen of the other State and of the City of Jeru­sa­lem, as well as to aliens, wit­hout dis­tin­ction as to natio­na­lity, sub­ject to requi­re­ments of natio­nal secu­rity, public order and decorum.

Simi­larly, free­dom of wors­hip shall be gua­ran­teed in con­for­mity with exis­ting rights, sub­ject to the main­te­nance of public order and decorum.

Holy Pla­ces and reli­gious buil­dings or sites shall be pre­ser­ved. No act shall be per­mit­ted which may in an way impair their sacred cha­rac­ter. If at any time it appears to the Govern­ment that any par­ti­cu­lar Holy Place, reli­gious, buil­ding or site is in need of urgent repair, the Govern­ment may call upon the com­mu­nity or com­mu­ni­ties con­cer­ned to carry out such repair. The Govern­ment may carry it out itself at the expense of the com­mu­nity or com­mu­nity con­cer­ned if no action is taken wit­hin a reaso­na­ble time.

No taxa­tion shall be levied in res­pect of any Holy Place, reli­gious buil­ding or site which was exempt from taxa­tion on the date of the crea­tion of the State.

No change in the inci­dence of such taxa­tion shall be made which would eit­her dis­cri­mi­nate bet­ween the owners or occu­piers of Holy Pla­ces, reli­gious buil­dings or sites, or would place such owners or occu­piers in a posi­tion less favou­ra­ble in rela­tion to the gene­ral inci­dence of taxa­tion than exis­ted at the time of the adop­tion of the Assembly’s recommendations.

The Gover­nor of the City of Jeru­sa­lem shall have the right to deter­mine whet­her the pro­vi­sions of the Cons­ti­tu­tion of the State in rela­tion to Holy Pla­ces, reli­gious buil­dings and sites wit­hin the bor­ders of the State and the reli­gious rights apper­tai­ning the­reto, are being pro­perly applied and res­pec­ted, and to make deci­sions on the basis of exis­ting rights in cases of dis­pu­tes which may arise bet­ween the dif­fe­rent reli­gious com­mu­ni­ties or the rites of a reli­gious com­mu­nity with res­pect to such pla­ces, buil­dings and sites. He shall receive full co-operation and such pri­vi­le­ges and immu­ni­ties as are neces­sary for the exer­cise of his fun­ctions in the State.

Chap­ter 2: Reli­gious and Mino­rity Rights

Free­dom of cons­cience and the free exer­cise of all forms of wors­hip, sub­ject only to the main­te­nance of public order and morals, shall be ensu­red to all.

No dis­cri­mi­na­tion of any kind shall be made bet­ween the inha­bi­tants on the ground of race, reli­gion, lan­guage or sex.

All per­sons wit­hin the juris­dic­tion of the State shall be entitled to equal pro­tec­tion of the laws.

The family law and per­so­nal sta­tus of the various mino­ri­ties and their reli­gious inter­ests, inclu­ding endow­ments, shall be respected.

Except as may be requi­red for the main­te­nance of public order and good govern­ment, no mea­sure shall be taken to obs­truct or inter­fere with the enter­prise of reli­gious or cha­ri­ta­ble bodies of all faiths or to dis­cri­mi­nate against any repre­sen­ta­tive or mem­ber of these bodies on the ground of his reli­gion or nationality.

The State shall ensure ade­quate pri­mary and secon­dary edu­ca­tion for the Arab and Jewish mino­rity, res­pec­ti­vely, in its own lan­guage and its cul­tu­ral traditions.

The right of each com­mu­nity to main­tain its own schools for the edu­ca­tion of its own mem­bers in its own lan­guage, while con­for­ming to such edu­ca­tio­nal requi­re­ments of a gene­ral nature as the State may impose, shall not be denied or impai­red. Foreign edu­ca­tio­nal esta­blish­ments shall con­ti­nue their acti­vity on the basis of their exis­ting rights.

No res­tric­tion shall be impo­sed on the free use by any citi­zen of the State of any lan­guage in pri­vate inter­course, in com­merce, in reli­gion, in the Press or in publi­ca­tions of any kind, or at public meetings.

No expro­pria­tion of land owned by an Arab in the Jewish State (by a Jew in the Arab State) shall be allo­wed except for public pur­po­ses. In all cases of expro­pria­tion full com­pen­sa­tion as fixed by the Supreme Court shall be 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

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.


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