un general assembly resolution 181
(partition plan)
November 29, 1947
united nations general assembly resolution 181 called for the partition
of the British-ruled palestine mandate [what was left of the mandated land]
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
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The Security Council take the necessary measures as provided for in the
plan for its implementation;
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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;
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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;
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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
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The Mandate for Palestine shall terminate
as soon as possible but in any case not later than 1 August 1948.
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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.
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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.
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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
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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:
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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;
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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;
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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;
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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;
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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.
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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.
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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.
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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.
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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.
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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
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Existing rights in respect of Holy Places and religious buildings or sites
shall not be denied or impaired.
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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.
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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.
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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.
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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
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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.
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No discrimination of any kind shall be made between the inhabitants on
the ground of race, religion, language or sex.
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All persons within the jurisdiction of the State shall be entitled to equal
protection of the laws.
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The family law and personal status of the various minorities and their
religious interests, including endowments, shall be respected.
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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.
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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.
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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)
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No expropriation of land owned by an Arab in the Jewish State (by a Jew
in the Arab State)(4) shall be allowed except for public purposes. In all
cases of expropriation full compensation as fixed by the Supreme Court
shall be said previous to dispossession.
Chapter 3: Citizenship, International Conventions and Financial Obligations
1. Citizenship
Palestinian citizens residing in Palestine outside the City of
Jerusalem, as well as Arabs and Jews who, not holding Palestinian citizenship,
reside in Palestine outside the City of Jerusalem shall, upon the recognition
of independence, become citizens of the State in which they are resident
and enjoy full civil and political rights. Persons over the age of eighteen
years may opt, within one year from the date of recognition of independence
of the State in which they reside, for citizenship of the other State,
providing that no Arab residing in the area of the proposed Arab State
shall have the right to opt for citizenship in the proposed Jewish State
and no Jew residing in the proposed Jewish State shall have the right to
opt for citizenship in the proposed Arab State. The exercise of this right
of option will be taken to include the wives and children under eighteen
years of age of persons so opting.
Arabs residing in the area of the proposed Jewish State and Jews
residing in the area of the proposed Arab State who have signed a notice
of intention to opt for citizenship of the other State shall be eligible
to vote in the elections to the Constituent Assembly of that State, but
not in the elections to the Constituent Assembly of the State in which
they reside.
2. International conventions
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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.
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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
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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.
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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.
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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.
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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
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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.
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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
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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
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The objectives of the Economic Union of Palestine shall be:
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A customs union;
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A joint currency system providing for a single foreign exchange rate;
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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;
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Joint economic development, especially in respect of irrigation, land reclamation
and soil conservation;
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Access for both States and for the City of Jerusalem on a non-discriminatory
basis to water and power facilities.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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All economic authority not specifically vested in the Joint Economic Board
is reserved to each State.
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There shall be a common customs tariff with complete freedom of trade between
the States, and between the States and the City of Jerusalem.
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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.
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The following items shall be a first charge on the customs and other common
revenue of the Joint Economic Board:
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The expenses of the customs service and of the operation of the joint services;
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The administrative expenses of the Joint Economic Board;
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The financial obligations of the Administration of Palestine, consisting
of:
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The service of the outstanding public debt;
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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.
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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.
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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.
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The Joint Economic Board shall endeavour to secure for Palestine's exports
fair and equal access to world markets.
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All enterprises operated by the Joint Economic Board shall pay fair wages
on a uniform basis.
Freedom of Transit and Visit
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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
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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.
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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.
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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
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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.
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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.
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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.
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3. Local autonomy
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The existing local autonomous units in the territory of the city (villages,
townships and municipalities) shall enjoy wide powers of local government
and administration.
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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.
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Security measures
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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No discrimination of any kind shall be made between the inhabitants on
the grounds of race, religion, language or sex.
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All persons within the City shall be entitled to equal protection of the
laws.
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The family law and personal status of the various persons and communities
and their religious interests, including endowments, shall be respected.
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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.
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Holy Places
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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.
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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.
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With relation to such places, buildings and sites in Palestine outside
the city, the Governor shall determine, on the ground of powers granted
to him by the Constitution of both States, whether the provisions of the
Constitution of the Arab and Jewish States in Palestine dealing therewith
and the religious rights appertaining thereto are being properly applied
and respected.
-
The Governor shall also be empowered to make decisions on the basis of
existing rights in cases of disputes which may arise between the different
religious communities or the rites of a religious community in respect
of the Holy Places, religious buildings and sites in any part of Palestine.
In this task he may be assisted by a consultative council of representatives
of different denominations acting in an advisory capacity.
D. DURATION OF THE SPECIAL REGIME
The Statute elaborated by the Trusteeship Council the aforementioned
principles shall come into force not later than 1 October 1948. It shall
remain in force in the first instance for a period of ten years, unless
the Trusteeship Council finds it necessary to undertake a re-examination
of these provisions at an earlier date. After the expiration of this period
the whole scheme shall be subject to examination by the Trusteeship Council
in the light of experience acquired with its functioning. The residents
the City shall be then free to express by means of a referendum their wishes
as to possible modifications of regime of the City.
Part IV. Capitulations
States whose nationals have in the past enjoyed in Palestine the
privileges and immunities of foreigners, including the benefits of consular
jurisdiction and protection, as formerly enjoyed by capitulation or usage
in the Ottoman Empire, are invited to renounce any right pertaining to
them to the re-establishment of such privileges and immunities in the proposed
Arab and Jewish States and the City of Jerusalem.
Adopted at the 128th plenary meeting:
In favour: 33
Australia, Belgium, Bolivia, Brazil, Byelorussian S.S.R., Canada,
Costa Rica, Czechoslovakia, Denmark, Dominican Republic, Ecuador, France,
Guatemala, Haiti, Iceland, Liberia, Luxemburg, Netherlands, New Zealand,
Nicaragua, Norway, Panama, Paraguay, Peru, Philippines, Poland, Sweden,
Ukrainian S.S.R., Union of South Africa, U.S.A., U.S.S.R., Uruguay, Venezuela.
Against: 13
Afghanistan, Cuba, Egypt, Greece, India, Iran, Iraq, Lebanon, Pakistan,
Saudi Arabia, Syria, Turkey, Yemen.
Abstained: 10
Argentina, Chile, China, Colombia, El Salvador, Ethiopia, Honduras,
Mexico, United Kingdom, Yugoslavia.
(1) See Official Records of the General Assembly, Second
Session Supplement No. 11,Volumes l-lV.
* At its hundred and twenty-eighth plenary meeting
on 29 November 1947 the General Assembly, in accordance with the terms
of the above resolution, elected the following members of the United Nations
Commission on Palestine: Bolivia, Czechoslovakia, Denmark, Panama, and
Philippines.
(2) This resolution was adopted without reference
to a Committee.
(3) The following stipulation shall be added to
the declaration concerning the Jewish State: "In the Jewish State adequate
facilities shall be given to Arabic-speaking citizens for the use of their
language, either orally or in writing, in the legislature, before the Courts
and in the administration."
(4) In the declaration concerning the Arab State,
the words "by an Arab in the Jewish State" should be replaced by the words
"by a Jew in the Arab State."
(5) On the question of the internationalization
of Jerusalem, see also General Assembly resolutions 185 (S-2) of 26 April
1948; 187 (S-2) of 6 May 1948, 303 (lV) of 9 December 1949, and resolutions
of the Trusteeship Council (Section IV).