UN General Assembly Resolution 181
Maandag, Oktober 18, 2010 / Last Modified: Zaterdag, Januari 7, 2012
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.
Text:
The General Assembly,
Having met in special session at the request of the mandatory
Power to constitute and instruct a Special Committee to prepare for the
consideration of the question of the future Government of Palestine at the
second regular session;
Having constituted a Special Committee and instructed it to
investigate all questions and issues relevant to the problem of Palestine, and
to prepare proposals for the solution of the problem, and
Having received and examined the report of the Special
Committee (document A/364)(1) including a number of unanimous recommendations
and a plan of partition with economic union approved by the majority of the
Special Committee,
Considers that the present situation in Palestine is one
which is likely to impair the general welfare and friendly relations among
nations;
Takes note of the declaration by the mandatory Power that it
plans to complete its evacuation of Palestine by l August 1948;
Recommends to the United Kingdom, as the mandatory Power for
Palestine, and to all other Members of the United Nations the adoption and
implementation, with regard to the future Government of Palestine, of the Plan
of Partition with Economic Union set out below;
Requests that
- The Security Council take the necessary measures as provided
for in the plan for its implementation; - The Security Council consider, if circumstances during the transitional
period require such consideration, whether the situation in Palestine
constitutes a threat to the peace. If it decides that such a threat exists, and
in order to maintain international peace and security, the Security Council
should supplement the authorization of the General Assembly by taking measures,
under Articles 39 and 41 of the Charter, to empower the United Nations
Commission, as provided in this resolution, to exercise in Palestine the
functions which are assigned to it by this resolution; - The Security Council determine as a threat to the peace, breach of the
peace or act of aggression, in accordance with Article 39 of the Charter, any
attempt to alter by force the settlement envisaged by this resolution; - The Trusteeship Council be informed of the responsibilities envisaged for
it in this plan;
Calls upon the inhabitants of Palestine to take such steps as
may be necessary on their part to put this plan into effect;
Appeals to all Governments and all peoples to refrain from
taking any action which might hamper or delay the carrying out of these
recommendations, and
Authorizes the Secretary-General to reimburse travel and
subsistence expenses of the members of the Commission referred to in Part 1,
Section B, Paragraph I below, on such basis and in such form as he may
determine most appropriate in the circumstances, and to provide the Commission
with the necessary staff to assist in carrying out the functions assigned to
the Commission by the General Assembly.*
The General Assembly,
Authorizes the Secretary-General to draw from the Working
Capital Fund a sum not to exceed 2,000,000 dollars for the purposes set forth
in the last paragraph of the resolution on the future government of
Palestine.PLAN OF PARTITION WITH ECONOMIC UNION
Part I. – Future Constitution and Government of Palestine
A. TERMINATION OF MANDATE, PARTITION AND INDEPENDENCE
- The Mandate for Palestine shall terminate as soon as possible but in
any case not later than 1 August 1948. - The armed forces of the mandatory Power shall be progressively withdrawn
from Palestine, the withdrawal to be completed as soon as possible but in any
case not later than 1 August 1948.The mandatory Power shall advise the Commission, as far in advance as possible,
of its intention to terminate the mandate and to evacuate each area. The
mandatory Power shall use its best endeavours to ensure that an area situated
in the territory of the Jewish State, including a seaport and hinterland
adequate to provide facilities for a substantial immigration, shall be
evacuated at the earliest possible date and in any event not later than 1
February 1948. - Independent Arab and Jewish States and the Special International Regime for
the City of Jerusalem, set forth in Part III of this Plan, shall come into
existence in Palestine two months after the evacuation of the armed forces of
the mandatory Power has been completed but in any case not later than 1 October
1948. The boundaries of the Arab State, the Jewish State, and the City of
Jerusalem shall be as described in Parts II and III below. - The period between the adoption by the General Assembly of its
recommendation on the question of Palestine and the establishment of the
independence of the Arab and Jewish States shall be a transitional
period.
B. STEPS PREPARATORY TO INDEPENDENCE
- A Commission shall be set up consisting of one representative of each
of five Member States. The Members represented on the Commission shall be
elected by the General Assembly on as broad a basis, geographically and
otherwise, as possible. - The administration of Palestine shall, as the mandatory Power withdraws its
armed forces, be progressively turned over to the Commission, which shall act
in conformity with the recommendations of the General Assembly, under the
guidance of the Security Council. The mandatory Power shall to the fullest
possible extent coordinate its plans for withdrawal with the plans of the
Commission to take over and administer areas which have been evacuated.In the discharge of this administrative responsibility the Commission shall
have authority to issue necessary regulations and take other measures as
required.The mandatory Power shall not take any action to prevent, obstruct or delay the
implementation by the Commission of the measures recommended by the General
Assembly. - On its arrival in Palestine the Commission shall proceed to carry out
measures for the establishment of the frontiers of the Arab and Jewish States
and the City of Jerusalem in accordance with the general lines of the
recommendations of the General Assembly on the partition of Palestine.
Nevertheless, the boundaries as described in Part II of this Plan are to be
modified in such a way that village areas as a rule will not be divided by
state boundaries unless pressing reasons make that necessary. - The Commission, after consultation with the democratic parties and other
public organizations of the Arab and Jewish States, shall select and establish
in each State as rapidly as possible a Provisional Council of Government. The
activities of both the Arab and Jewish Provisional Councils of Government shall
be carried out under the general direction of the Commission.If by 1 April 1948 a Provisional Council of Government cannot be selected for
either of the States, or, if selected, cannot carry out its functions, the
Commission shall communicate that fact to the Security Council for such action
with respect to that State as the Security Council may deem proper, and to the
Secretary-General for communication to the Members of the United Nations. - Subject to the provisions of these recommendations, during the transitional
period the Provisional Councils of Government, acting under the Commission,
shall have full authority in the areas under their control including authority
over matters of immigration and land regulation. - The Provisional Council of Government of each State, acting under the
Commission, shall progressively receive from the Commission full responsibility
for the administration of that State in the period between the termination of
the Mandate and the establishment of the State’s independence. - The Commission shall instruct the Provisional Councils of Government of
both the Arab and Jewish States, after their formation, to proceed to the
establishment of administrative organs of government, central and local. - The Provisional Council of Government of each State shall, within the
shortest time possible, recruit an armed militia from the residents of that
State, sufficient in number to maintain internal order and to prevent frontier
clashes.This armed militia in each State shall, for operational purposes, be under the
command of Jewish or Arab officers resident in that State, but general
political and military control, including the choice of the militia’s High
Command, shall be exercised by the Commission. - The Provisional Council of Government of each State shall, not later than
two months after the withdrawal of the armed forces of the mandatory Power,
hold elections to the Constituent Assembly which shall be conducted on
democratic lines.The election regulations in each State shall be drawn up by the Provisional
Council of Government and approved by the Commission. Qualified voters for each
State for this election shall be persons over eighteen years of age who are (a)
Palestinian citizens residing in that State; and (b) Arabs and Jews residing in
the State, although not Palestinian citizens, who, before voting, have signed a
notice of intention to become citizens of such State.Arabs and Jews residing in the City of Jerusalem who have signed a notice of
intention to become citizens, the Arabs of the Arab State and the Jews of the
Jewish State, shall be entitled to vote in the Arab and Jewish States
respectively.Women may vote and be elected to the Constituent Assemblies.
During the transitional period no Jew shall be permitted to establish residence
in the area of the proposed Arab State, and no Arab shall be permitted to
establish residence in the area of the proposed Jewish State, except by special
leave of the Commission. - The Constituent Assembly of each State shall draft a democratic
constitution for its State and choose a provisional government to succeed the
Provisional Council of Government appointed by the Commission. The
Constitutions of the States shall embody Chapters 1 and 2 of the Declaration
provided for in section C below and include, inter alia, provisions for:- Establishing in each State a legislative body elected by
universal suffrage and by secret ballot on the basis of proportional
representation, and an executive body responsible to the legislature; - Settling all international disputes in which the State may be involved by
peaceful means in such a manner that international peace and security, and
justice, are not endangered; - Accepting the obligation of the State to refrain in its international
relations from the threat or use of force against the territorial integrity or
political independence of any State, or in any other manner inconsistent with
the purpose of the United Nations; - Guaranteeing to all persons equal and non-discriminatory rights in civil,
political, economic and religious matters and the enjoyment of human rights and
fundamental freedoms, including freedom of religion, language, speech and
publication, education, assembly and association; - Preserving freedom of transit and visit for all residents and citizens of
the other State in Palestine and the City of Jerusalem, subject to
considerations of national security, provided that each State shall control
residence within its borders.
- Establishing in each State a legislative body elected by
- The Commission shall appoint a preparatory economic commission of three
members to make whatever arrangements are possible for economic co-operation,
with a view to establishing, as soon as practicable, the Economic Union and the
Joint Economic Board, as provided in section D below. - During the period between the adoption of the recommendations on the
question of Palestine by the General Assembly and the termination of the
Mandate, the mandatory Power in Palestine shall maintain full responsibility
for administration in areas from which it has not withdrawn its armed forces.
The Commission shall assist the mandatory Power in the carrying out of these
functions. Similarly the mandatory Power shall co-operate with the Commission
in the execution of its functions. - With a view to ensuring that there shall be continuity in the functioning
of administrative services and that, on the withdrawal of the armed forces of
the mandatory Power, the whole administration shall be in the charge of the
Provisional Councils and the Joint Economic Board, respectively, acting under
the Commission, there shall be a progressive transfer, from the mandatory Power
to the Commission, of responsibility for all the functions of government,
including that of maintaining law and order in the areas from which the forces
of the mandatory Power have been withdrawn. - The Commission shall be guided in its activities by the recommendations of
the General Assembly and by such instructions as the Security Council may
consider necessary to issue.The measures taken by the Commission, within the recommendations of the General
Assembly, shall become immediately effective unless the Commission has
previously received contrary instructions from the Security Council.The Commission shall render periodic monthly progress reports, or more
frequently if desirable, to the Security Council. - The Commission shall make its final report to the next regular session of
the General Assembly and to the Security Council simultaneously.
C. DECLARATION
A declaration shall be made to the United Nations by the Provisional Government
of each proposed State before independence. It shall contain, inter alia, the
following clauses:General Provision
The stipulations contained in the Declaration are recognized as fundamental
laws of the State and no law, regulation or official action shall conflict or
interfere with these stipulations, nor shall any law, regulation or official
action prevail over them.Chapter I: Holy Places, Religious Buildings and Sites
- Existing rights in respect of Holy Places and religious buildings or
sites shall not be denied or impaired. - In so far as Holy Places are concerned, the liberty of access, visit, and
transit shall be guaranteed, in conformity with existing rights, to all
residents and citizen of the other State and of the City of Jerusalem, as well
as to aliens, without distinction as to nationality, subject to requirements of
national security, public order and decorum.Similarly, freedom of worship shall be guaranteed in conformity with existing
rights, subject to the maintenance of public order and decorum. - Holy Places and religious buildings or sites shall be preserved. No act
shall be permitted which may in an way impair their sacred character. If at any
time it appears to the Government that any particular Holy Place, religious,
building or site is in need of urgent repair, the Government may call upon the
community or communities concerned to carry out such repair. The Government may
carry it out itself at the expense of the community or community concerned if
no action is taken within a reasonable time. - No taxation shall be levied in respect of any Holy Place, religious
building or site which was exempt from taxation on the date of the creation of
the State.No change in the incidence of such taxation shall be made which would either
discriminate between the owners or occupiers of Holy Places, religious
buildings or sites, or would place such owners or occupiers in a position less
favourable in relation to the general incidence of taxation than existed at the
time of the adoption of the Assembly’s recommendations. - The Governor of the City of Jerusalem shall have the right to determine
whether the provisions of the Constitution of the State in relation to Holy
Places, religious buildings and sites within the borders of the State and the
religious rights appertaining thereto, are being properly applied and
respected, and to make decisions on the basis of existing rights in cases of
disputes which may arise between the different religious communities or the
rites of a religious community with respect to such places, buildings and
sites. He shall receive full co-operation and such privileges and immunities as
are necessary for the exercise of his functions in the State.
Chapter 2: Religious and Minority Rights
- Freedom of conscience and the free exercise of all forms of worship,
subject only to the maintenance of public order and morals, shall be ensured to
all. - No discrimination of any kind shall be made between the inhabitants on the
ground of race, religion, language or sex. - All persons within the jurisdiction of the State shall be entitled to equal
protection of the laws. - The family law and personal status of the various minorities and their
religious interests, including endowments, shall be respected. - Except as may be required for the maintenance of public order and good
government, no measure shall be taken to obstruct or interfere with the
enterprise of religious or charitable bodies of all faiths or to discriminate
against any representative or member of these bodies on the ground of his
religion or nationality. - The State shall ensure adequate primary and secondary education for the
Arab and Jewish minority, respectively, in its own language and its cultural
traditions.The right of each community to maintain its own schools for the education of
its own members in its own language, while conforming to such educational
requirements of a general nature as the State may impose, shall not be denied
or impaired. Foreign educational establishments shall continue their activity
on the basis of their existing rights. - No restriction shall be imposed on the free use by any citizen of the State
of any language in private intercourse, in commerce, in religion, in the Press
or in publications of any kind, or at public meetings.(3) - No expropriation of land owned by an Arab in the Jewish State (by a Jew in
the Arab State)(4) shall be allowed except for public purposes. In all cases of
expropriation full compensation as fixed by the Supreme Court shall be said
previous to dispossession.
Chapter 3: Citizenship, International Conventions and Financial
Obligations1. 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.
- The expenses of the customs service and of the operation of the
- After these obligations have been met in full, the surplus revenue from the
customs and other common services shall be divided in the following manner: not
less than 5 per cent and not more than 10 per cent to the City of Jerusalem;
the residue shall be allocated to each State by the Joint Economic Board
equitably, with the objective of maintaining a sufficient and suitable level of
government and social services in each State, except that the share of either
State shall not exceed the amount of that State’s contribution to the revenues
of the Economic Union by more than approximately four million pounds in any
year. The amount granted may be adjusted by the Board according to the price
level in relation to the prices prevailing at the time of the establishment of
the Union. After five years, the principles of the distribution of the joint
revenue may be revised by the Joint Economic Board on a basis of equity. - All international conventions and treaties affecting customs tariff rates,
and those communications services under the jurisdiction of the Joint Economic
Board, shall be entered into by both States. In these matters, the two States
shall be bound to act in accordance with the majority of the Joint Economic
Board. - The Joint Economic Board shall endeavour to secure for Palestine’s exports
fair and equal access to world markets. - All enterprises operated by the Joint Economic Board shall pay fair wages
on a uniform basis.
Freedom of Transit and Visit - The undertaking shall contain provisions preserving freedom of transit and
visit for all residents or citizens of both States and of the City of
Jerusalem, subject to security considerations; provided that each State and the
City shall control residence within its borders.
Termination, Modification and Interpretation of the
Undertaking - The undertaking and any treaty issuing therefrom shall remain in force for
a period of ten years. It shall continue in force until notice of termination,
to take effect two years thereafter, is given by either of the parties. - During the initial ten-year period, the undertaking and any treaty issuing
therefrom may not be modified except by consent of both parties and with the
approval of the General Assembly. - Any dispute relating to the application or the interpretation of the
undertaking and any treaty issuing therefrom shall be referred, at the request
of either party, to the International Court Of Justice, unless the parties
agree to another mode of settlement.
E. ASSETS
- The movable assets of the Administration of Palestine shall be
allocated to the Arab and Jewish States and the City of Jerusalem on an
equitable basis. Allocations should be made by the United Nations Commission
referred to iii section B, paragraph 1, above. Immovable assets shall become
the property of the government of the territory in which they are situated. - During the period between the appointment of the United Nations Commission
and the termination of the Mandate, the mandatory Power shall, except in
respect of ordinary operations, consult with the Commission on any measure
which it may contemplate involving the liquidation, disposal or encumbering of
the assets of the Palestine Government, such as the accumulated treasury
surplus, the proceeds of Government bond issues, State lands or any other
asset.
F. ADMISSION TO MEMBERSHIP IN THE UNITED NATIONS
When the independence of either the Arab or the Jewish State as envisaged in
this plan has become effective and the declaration and undertaking, as
envisaged in this plan, have been signed by either of them, sympathetic
consideration should be given to its application for admission to membership in
the United Nations in accordance with article 4 of the Charter of the United
Nations.Part II. – Boundaries
A. THE ARAB STATE
The area of the Arab State in Western Galilee is bounded on the west by the
Mediterranean and on the north by the frontier of the Lebanon from Ras en
Naqura to a point north of Saliha. From there the boundary proceeds southwards,
leaving the built-up area of Saliha in the Arab State, to join the southernmost
point of this village. There it follows the western boundary line of the
villages of ‘Alma, Rihaniya and Teitaba, thence following the northern boundary
line of Meirun village to join the Acre-Safad Sub-District boundary line. It
follows this line to a point west of Es Sammu’i village and joins it again at
the northernmost point of Farradiya. Thence it follows the sub-district
boundary line to the Acre-Safad main road. From here it follows the western
boundary of Kafr-I’nan village until it reaches the Tiberias-Acre Sub-District
boundary line, passing to the west of the junction of the Acre-Safad and
Lubiya-Kafr-I’nan roads. From the south-west corner of Kafr-I’nan village the
boundary line follows the western boundary of the Tiberias Sub-District to a
point close to the boundary line between the villages of Maghar and ‘Eilabun,
thence bulging out to the west to include as much of the eastern part of the
plain of Battuf as is necessary for the reservoir proposed by the Jewish Agency
for the irrigation of lands to the south and east.
The boundary rejoins the Tiberias Sub-District boundary at a point on the
Nazareth-Tiberias road south-east of the built-up area of Tur’an; thence it
runs southwards, at first following the sub-district boundary and then passing
between the Kadoorie Agricultural School and Mount Tabor, to a point due south
at the base of Mount Tabor. From here it runs due west, parallel to the
horizontal grid line 230, to the north-east corner of the village lands of Tel
Adashim. It then runs to the northwest corner of these lands, whence it turns
south and west so as to include in the Arab State the sources of the Nazareth
water supply in Yafa village. On reaching Ginneiger it follows the eastern,
northern and western boundaries of the lands of this village to their
south-west comer, whence it proceeds in a straight line to a point on the
Haifa-Afula railway on the boundary between the villages of Sarid and
El-Mujeidil. This is the point of intersection. The south-western boundary of
the area of the Arab State in Galilee takes a line from this point, passing
northwards along the eastern boundaries of Sarid and Gevat to the north-eastern
corner of Nahalal, proceeding thence across the land of Kefar ha Horesh to a
central point on the southern boundary of the village of ‘Ilut, thence
westwards along that village boundary to the eastern boundary of Beit Lahm,
thence northwards and north-eastwards along its western boundary to the
north-eastern corner of Waldheim and thence north-westwards across the village
lands of Shafa ‘Amr to the southeastern corner of Ramat Yohanan. From here it
runs due north-north-east to a point on the Shafa ‘Amr-Haifa road, west of its
junction with the road of I’billin. From there it proceeds north-east to
a point on the southern boundary of I’billin situated to the west of the
I’billin-Birwa road. Thence along that boundary to its westernmost point,
whence it turns to the north, follows across the village land of Tamra to the
north-westernmost corner and along the western boundary of Julis until it
reaches the Acre-Safad road. It then runs westwards along the southern side of
the Safad-Acre road to the Galilee-Haifa District boundary, from which point it
follows that boundary to the sea.
The boundary of the hill country of Samaria and Judea starts on the Jordan
River at the Wadi Malih south-east of Beisan and runs due west to meet the
Beisan-Jericho road and then follows the western side of that road in a
north-westerly direction to the junction of the boundaries of the Sub-Districts
of Beisan, Nablus, and Jenin. From that point it follows the Nablus-Jenin
sub-District boundary westwards for a distance of about three kilometres and
then turns north-westwards, passing to the east of the built-up areas of the
villages of Jalbun and Faqqu’a, to the boundary of the Sub-Districts of Jenin
and Beisan at a point northeast of Nuris. Thence it proceeds first
northwestwards to a point due north of the built-up area of Zie’in and then
westwards to the Afula-Jenin railway, thence north-westwards along the District
boundary line to the point of intersection on the Hejaz railway. From here the
boundary runs southwestwards, including the built-up area and some of the land
of the village of Kh. Lid in the Arab State to cross the Haifa-Jenin road at a
point on the district boundary between Haifa and Samaria west of El- Mansi. It
follows this boundary to the southernmost point of the village of El-Buteimat.
From here it follows the northern and eastern boundaries of the village of
Ar’ara rejoining the Haifa-Samaria district boundary at Wadi ‘Ara, and thence
proceeding south-south-westwards in an approximately straight line joining up
with the western boundary of Qaqun to a point east of the railway line on the
eastern boundary of Qaqun village. From here it runs along the railway line
some distance to the east of it to a point just east of the Tulkarm railway
station. Thence the boundary follows a line half-way between the railway and
the Tulkarm-Qalqiliya-Jaljuliya and Ras El-Ein road to a point just east of Ras
El-Ein station, whence it proceeds along the railway some distance to the east
of it to the point on the railway line south of the junction of the Haifa-Lydda
and Beit Nabala lines, whence it proceeds along the southern border of Lydda
airport to its south-west corner, thence in a south-westerly direction to a
point just west of the built-up area of Sarafand El ‘Amar, whence it turns
south, passing just to the west of the built-up area of Abu El-Fadil to the
north-east corner of the lands of Beer Ya’aqov. (The boundary line should be so
demarcated as to allow direct access from the Arab State to the airport.)
Thence the boundary line follows the western and southern boundaries of Ramle
village, to the north-east corner of El Na’ana village, thence in a straight
line to the southernmost point of El Barriya, along the eastern boundary of
that village and the southern boundary of ‘Innaba village. Thence it turns
north to follow the southern side of the Jaffa-Jerusalem road until El-Qubab,
whence it follows the road to the boundary of Abu-Shusha. It runs along the
eastern boundaries of Abu Shusha, Seidun, Hulda to the southernmost point of
Hulda, thence westwards in a straight line to the north-eastern corner of Umm
Kalkha, thence following the northern boundaries of Umm Kalkha, Qazaza and the
northern and western boundaries of Mukhezin to the Gaza District boundary and
thence runs across the village lands of El-Mismiya El-Kabira, and Yasur to the
southern point of intersection, which is midway between the built-up areas of
Yasur and Batani Sharqi.
From the southern point of intersection the boundary lines run north-westwards
between the villages of Gan Yavne and Barqa to the sea at a point half way
between Nabi Yunis and Minat El-Qila, and south-eastwards to a point west of
Qastina, whence it turns in a south-westerly direction, passing to the east of
the built-up areas of Es Sawafir Esh Sharqiya and ‘Ibdis. From the south-east
corner of ‘Ibdis village it runs to a point southwest of the built-up area of
Beit ‘Affa, crossing the Hebron-El-Majdal road just to the west of the built-up
area of ‘Iraq Suweidan. Thence it proceeds southward along the western village
boundary of El-Faluja to the Beersheba Sub-District boundary. It then runs
across the tribal lands of ‘Arab El-Jubarat to a point on the boundary between
the Sub-Districts of Beersheba and Hebron north of Kh. Khuweilifa, whence it
proceeds in a south-westerly direction to a point on the Beersheba-Gaza main
road two kilometres to the north-west of the town. It then turns
south-eastwards to reach Wadi Sab’ at a point situated one kilometer to the
west of it. From here it turns north-eastwards and proceeds along Wadi Sab’ and
along the Beersheba-Hebron road for a distance of one kilometer, whence it
turns eastwards and runs in a straight line to Kh. Kuseifa to join the
Beersheba-Hebron Sub-District boundary. It then follows the Beersheba-Hebron
boundary eastwards to a point north of Ras Ez-Zuweira, only departing from it
so as to cut across the base of the indentation between vertical grid lines 150
and 160.
About five kilometres north-east of Ras Ez-Zuweira it turns north, excluding
from the Arab State a strip along the coast of the Dead Sea not more than seven
kilometres in depth, as far as ‘Ein Geddi, whence it turns due east to join the
Transjordan frontier in the Dead Sea.
The northern boundary of the Arab section of the coastal plain runs from a
point between Minat El-Qila and Nabi Yunis, passing between the built-up areas
of Gan Yavne and Barqa to the point of intersection. From here it turns
south-westwards, running across the lands of Batani Sharqi, along the eastern
boundary of the lands of Beit Daras and across the lands of Julis, leaving the
built-up areas of Batani Sharqi and Julis to the westwards, as far as the
north-west corner of the lands of Beit-Tima. Thence it runs east of El-Jiya
across the village lands of El-Barbara along the eastern boundaries of the
villages of Beit Jirja, Deir Suneid and Dimra. From the south-east corner of
Dimra the boundary passes across the lands of Beit Hanun, leaving the Jewish
lands of Nir-Am to the eastwards. From the south-east corner of Beit Hanun the
line runs south-west to a point south of the parallel grid line 100, then turns
north-west for two kilometres, turning again in a southwesterly direction and
continuing in an almost straight line to the north-west corner of the village
lands of Kirbet Ikhza’a. From there it follows the boundary line of this
village to its southernmost point. It then runs in a southerly direction along
the vertical grid line 90 to its junction with the horizontal grid line 70. It
then turns south-eastwards to Kh. El-Ruheiba and then proceeds in a southerly
direction to a point known as El-Baha, beyond which it crosses the Beersheba-EI
‘Auja main road to the west of Kh. El-Mushrifa. From there it joins Wadi
El-Zaiyatin just to the west of El-Subeita. From there it turns to the
north-east and then to the south-east following this Wadi and passes to the
east of ‘Abda to join Wadi Nafkh. It then bulges to the south-west along Wadi
Nafkh, Wadi ‘Ajrim and Wadi Lassan to the point where Wadi Lassan crosses the
Egyptian frontier.
The area of the Arab enclave of Jaffa consists of that part of the
town-planning area of Jaffa which lies to the west of the Jewish quarters lying
south of Tel-Aviv, to the west of the continuation of Herzl street up to its
junction with the Jaffa-Jerusalem road, to the south-west of the section of the
Jaffa-Jerusalem road lying south-east of that junction, to the west of Miqve
Yisrael lands, to the northwest of Holon local council area, to the north of
the line linking up the north-west corner of Holon with the northeast corner of
Bat Yam local council area and to the north of Bat Yam local council area. The
question of Karton quarter will be decided by the Boundary Commission, bearing
in mind among other considerations the desirability of including the smallest
possible number of its Arab inhabitants and the largest possible number of its
Jewish inhabitants in the Jewish State.B. THE JEWISH STATE
The north-eastern sector of the Jewish State (Eastern Galilee) is bounded on
the north and west by the Lebanese frontier and on the east by the frontiers of
Syria and Trans-jordan. It includes the whole of the Huleh Basin, Lake
Tiberias, the whole of the Beisan Sub-District, the boundary line being
extended to the crest of the Gilboa mountains and the Wadi Malih. From there
the Jewish State extends north-west, following the boundary described in
respect of the Arab State. The Jewish section of the coastal plain extends from
a point between Minat El-Qila and Nabi Yunis in the Gaza Sub-District and
includes the towns of Haifa and Tel-Aviv, leaving Jaffa as an enclave of the
Arab State. The eastern frontier of the Jewish State follows the boundary
described in respect of the Arab State.
The Beersheba area comprises the whole of the Beersheba Sub-District, including
the Negeb and the eastern part of the Gaza Sub-District, but excluding the town
of Beersheba and those areas described in respect of the Arab State. It
includes also a strip of land along the Dead Sea stretching from the
Beersheba-Hebron Sub-District boundary line to ‘Ein Geddi, as described in
respect of the Arab State.C. THE CITY OF JERUSALEM
The boundaries of the City of Jerusalem are as defined in the recommendations
on the City of Jerusalem. (See Part III, section B, below).Part III. – City of Jerusalem(5)
A. SPECIAL REGIME
The City of Jerusalem shall be established as a corpus separatum under a
special international regime and shall be administered by the United Nations.
The Trusteeship Council shall be designated to discharge the responsibilities
of the Administering Authority on behalf of the United Nations.B. BOUNDARIES OF THE CITY
The City of Jerusalem shall include the present municipality of Jerusalem plus
the surrounding villages and towns, the most eastern of which shall be Abu Dis;
the most southern, Bethlehem; the most western, ‘Ein Karim (including also the
built-up area of Motsa); and the most northern Shu’fat, as indicated on the
attached sketch-map (annex B).C. STATUTE OF THE CITY
The Trusteeship Council shall, within five months of the approval of the
present plan, elaborate and approve a detailed statute of the City which shall
contain, inter alia, the substance of the following provisions:- Government machinery; special objectives. The Administering Authority
in discharging its administrative obligations shall pursue the following
special objectives:- To protect and to preserve the unique spiritual and religious
interests located in the city of the three great monotheistic faiths throughout
the world, Christian, Jewish and Moslem; to this end to ensure that order and
peace, and especially religious peace, reign in Jerusalem; - To foster cooperation among all the inhabitants of the city in their own
interests as well as in order to encourage and support the peaceful development
of the mutual relations between the two Palestinian peoples throughout the Holy
Land; to promote the security, well-being and any constructive measures of
development of the residents having regard to the special circumstances and
customs of the various peoples and communities.
- To protect and to preserve the unique spiritual and religious
- 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.
- The existing local autonomous units in the territory of the city
- 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.
- The City of Jerusalem shall be demilitarized; neutrality shall
- 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.
- Subject only to the requirements of public order and morals, the
- 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.
- Existing rights in respect of Holy Places and religious
- 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.
- The protection of the Holy Places, religious buildings and sites
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). - The Mandate for Palestine shall terminate as soon as possible but in
Levy Report on the legal status of Judea and Samaria