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May 30

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UN General Assembly Resolution 181

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 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

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

b. The Security Council consider, if circumstances during the  transitional period require such consideration,

whether  the situation in Palestine constitutes a threat to the peace. If it  decides that such a threat exists, and

in  order to maintain international peace and security, the Security  Council should supplement the

authorization  of the General Assembly by taking measures, under Articles 39 and 41  of the Charter, to

empower  the United Nations Commission, as provided in this resolution, to  exercise in Palestine the

functions  which are assigned to it by this resolution;

c. The Security Council determine as a threat to the peace, breach of  the peace or act of aggression, in

accordance  with Article 39 of the Charter, any attempt to alter by force the  settlement envisaged by this

resolution;

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

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

into  effect;

Appeals  to all Governments and all peoples to refrain from taking any action  which might hamper or delay

the  carrying out of these recommendations, and

Authorizes  the Secretary-General to reimburse travel and subsistence expenses of  the members of the

Commission  referred to in Part 1, Section B, Paragraph I below, on such basis  and in such form as he may

determine  most appropriate in the circumstances, and to provide the Commission  with the necessary staff to

assist  in carrying out the functions assigned to the Commission by the  General Assembly.*

The  General Assembly,

Authorizes  the Secretary-General to draw from the Working Capital Fund a sum not  to exceed 2,000,000

dollars  for the purposes set forth in the last paragraph of the resolution on  the future government of

Palestine.

PLAN  OF PARTITION WITH ECONOMIC UNION

Part  I. – Future Constitution and Government of Palestine

A.  TERMINATION OF MANDATE, PARTITION AND INDEPENDENCE

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:

1. 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;

2. 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;

3. 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;

4. 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;

5. Preserving freedom of transit and visit for all residents and  citizens of the other State in Palestine

and  the City of Jerusalem, subject to considerations of national  security, provided that each State

shall  control residence within its borders.

The  Commission shall appoint a preparatory economic commission of three  members to make whatever

arrangements  are possible for economic co-operation, with a view to establishing,  as soon as practicable,

the  Economic Union and the Joint Economic Board, as provided in section D  below.

During  the period between the adoption of the recommendations on the  question of Palestine by the

General  Assembly and the termination of the Mandate, the mandatory Power in  Palestine shall maintain

full  responsibility for administration in areas from which it has not  withdrawn its armed forces. The

Commission  shall assist the mandatory Power in the carrying out of these  functions. Similarly the

mandatory  Power shall co-operate with the Commission in the execution of its  functions.

With  a view to ensuring that there shall be continuity in the functioning  of administrative services and that,

on  the withdrawal of the armed forces of the mandatory Power, the whole  administration shall be in the

charge  of the Provisional Councils and the Joint Economic Board,  respectively, acting under the

Commission,  there shall be a progressive transfer, from the mandatory Power to  the Commission, of

responsibility  for all the functions of government, including that of maintaining  law and order in the areas

from  which the forces of the mandatory Power have been withdrawn.

The  Commission shall be guided in its activities by the recommendations  of the General Assembly and by

such  instructions as the Security Council may consider necessary to issue.

The  measures taken by the Commission, within the recommendations of the  General Assembly, shall

become  immediately effective unless the Commission has previously received  contrary instructions from

the  Security Council.

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

Security  Council.

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

Security  Council simultaneously.

C.  DECLARATION

A  declaration shall be made to the United Nations by the Provisional  Government of each proposed State

before  independence. It shall contain, inter alia, the following clauses:

General  Provision

The  stipulations contained in the Declaration are recognized as  fundamental laws of the State and no law,

regulation  or official action shall conflict or interfere with these  stipulations, nor shall any law, regulation

or  official action prevail over them.

Chapter  I: Holy Places, Religious Buildings and Sites

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

In  so far as Holy Places are concerned, the liberty of access, visit,  and transit shall be guaranteed, in

conformity  with existing rights, to all residents and citizen of the other State  and of the City of Jerusalem,

as  well as to aliens, without distinction as to nationality, subject to  requirements of national security, public

order  and decorum.

Similarly,  freedom of worship shall be guaranteed in conformity with existing  rights, subject to the

maintenance  of public order and decorum.

Holy  Places and religious buildings or sites shall be preserved. No act  shall be permitted which may in an

way  impair their sacred character. If at any time it appears to the  Government that any particular Holy

Place,  religious, building or site is in need of urgent repair, the  Government may call upon the community

or  communities concerned to carry out such repair. The Government may  carry it out itself at the expense

of  the community or community concerned if no action is taken within a  reasonable time.

No  taxation shall be levied in respect of any Holy Place, religious  building or site which was exempt from

taxation  on the date of the creation of the State.

No  change in the incidence of such taxation shall be made which would  either discriminate between the

owners  or occupiers of Holy Places, religious buildings or sites, or would  place such owners or occupiers in

a  position less favourable in relation to the general incidence of  taxation than existed at the time of the

adoption  of the Assembly’s recommendations.

The  Governor of the City of Jerusalem shall have the right to determine  whether the provisions of the

Constitution  of the State in relation to Holy Places, religious buildings and  sites within the borders of the

State  and the religious rights appertaining thereto, are being properly  applied and respected, and to make

decisions  on the basis of existing rights in cases of disputes which may arise  between the different religious

communities  or the rites of a religious community with respect to such places,  buildings and sites. He shall

receive  full co-operation and such privileges and immunities as are necessary  for the exercise of his

functions  in the State.

Chapter  2: Religious and Minority Rights

Freedom  of conscience and the free exercise of all forms of worship, subject  only to the maintenance of

public  order and morals, shall be ensured to all.

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

language  or sex.

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

The  family law and personal status of the various minorities and their  religious interests, including

endowments,  shall be respected.

Except  as may be required for the maintenance of public order and good  government, no measure shall be

taken  to obstruct or interfere with the enterprise of religious or  charitable bodies of all faiths or to

discriminate  against any representative or member of these bodies on the ground of  his religion or

nationality.

The  State shall ensure adequate primary and secondary education for the  Arab and Jewish minority,

respectively,  in its own language and its cultural traditions.

The  right of each community to maintain its own schools for the education  of its own members in its own

language,  while conforming to such educational requirements of a general nature  as the State may impose,

shall  not be denied or impaired. Foreign educational establishments shall  continue their activity on the basis

of  their existing rights.

No  restriction shall be imposed on the free use by any citizen of the  State of any language in private

intercourse,  in commerce, in religion, in the Press or in publications of any  kind, or at public meetings.(3)

No  expropriation of land owned by an Arab in the Jewish State (by a Jew  in the Arab State)(4) shall be

allowed  except for public purposes. In all cases of expropriation full  compensation as fixed by the Supreme

Court  shall be said previous to dispossession.

Chapter  3: Citizenship, International Conventions and Financial Obligations

1.  Citizenship

Palestinian  citizens residing in Palestine outside the City of Jerusalem, as well  as Arabs and Jews who, not

holding  Palestinian citizenship, reside in Palestine outside the City of  Jerusalem shall, upon the recognition

of  independence, become citizens of the State in which they are resident  and enjoy full civil and political

rights.  Persons over the age of eighteen years may opt, within one year from  the date of recognition of

independence  of the State in which they reside, for citizenship of the other  State, providing that no Arab

residing  in the area of the proposed Arab State shall have the right to opt  for citizenship in the proposed

Jewish  State and no Jew residing in the proposed Jewish State shall have the  right to opt for citizenship in

the  proposed Arab State. The exercise of this right of option will be  taken to include the wives and children

under  eighteen years of age of persons so opting.

Arabs  residing in the area of the proposed Jewish State and Jews residing  in the area of the proposed Arab

State  who have signed a notice of intention to opt for citizenship of the  other State shall be eligible to vote

in  the elections to the Constituent Assembly of that State, but not in  the elections to the Constituent

Assembly  of the State in which they reside.

2.  International conventions

e. 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.

f. 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

g. 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.

h. 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.

i. 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.

j. 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:

1. A customs union;

2. A joint currency system providing for a single foreign  exchange rate;

3. 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;

4. Joint economic development, especially in respect of  irrigation, land reclamation and soil

conservation;

5. 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.

1. 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;

2. The administrative expenses of the Joint Economic Board;

3. The financial obligations of the Administration of Palestine,  consisting of:

11.i  The service of the outstanding public debt;

11.ii  The cost of superannuation benefits, now being paid or falling due in  the future, in accordance with

the  rules and to the extent established by paragraph 3 of chapter 3  above.

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-KafrI’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 southeast

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 southwestern

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 northeastwards

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 southeast

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 southwesterly

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 southeastwards

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:

1. 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;

2. To foster cooperation among all the inhabitants of the city in  their own interests as well as in order

to  encourage and support the peaceful development of the mutual  relations between the two

Palestinian  peoples throughout the Holy Land; to promote the security, well-being  and any

constructive  measures of development of the residents having regard to the special  circumstances

and  customs of the various peoples and communities.

Governor  and Administrative staff. A Governor of the City of Jerusalem shall  be appointed by the

Trusteeship  Council and shall be responsible to it. He shall be selected on the  basis of special qualifications

and  without regard to nationality. He shall not, however, be a citizen of  either State in Palestine.

The  Governor shall represent the United Nations in the City and shall  exercise on their behalf all powers of

administration,  including the conduct of external affairs. He shall be assisted by an  administrative staff

classed  as international officers in the meaning of Article 100 of the  Charter and chosen whenever

practicable  from the residents of the city and of the rest of Palestine on a  non-discriminatory basis. A

detailed  plan for the organization of the administration of the city shall be  submitted by the Governor to the

Trusteeship  Council and duly approved by it.

Local  autonomy

1. The existing local autonomous units in the territory of the  city (villages, townships and

municipalities)  shall enjoy wide powers of local government and administration.

2. The Governor shall study and submit for the consideration and  decision of the Trusteeship Council

a  plan for the establishment of special town units consisting,  respectively, of the Jewish and Arab

sections  of new Jerusalem. The new town units shall continue to form part the  present

municipality  of Jerusalem.

Security  measures

1. 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.

2. 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.

3. To assist in the maintenance of internal law and order,  especially for the protection of the Holy

Places  and religious buildings and sites in the city, the Governor shall  organize a special police

force  of adequate strength, the members of which shall be recruited outside  of Palestine. The

Governor  shall be empowered to direct such budgetary provision as may be  necessary for the

maintenance  of this force.

Legislative  Organization.

A  Legislative Council, elected by adult residents of the city  irrespective of nationality on the basis of

universal  and secret suffrage and proportional representation, shall have  powers of legislation and taxation.

No  legislative measures shall, however, conflict or interfere with the  provisions which will be set forth in

the  Statute of the City, nor shall any law, regulation, or official  action prevail over them. The Statute shall

grant  to the Governor a right of vetoing bills inconsistent with the  provisions referred to in the preceding

sentence.  It shall also empower him to promulgate temporary ordinances in case  the Council fails to adopt

in  time a bill deemed essential to the normal functioning of the  administration.

Administration  of Justice

The  Statute shall provide for the establishment of an independent  judiciary system, including a court of

appeal.  All the inhabitants of the city shall be subject to it.

Economic  Union and Economic Regime

The  City of Jerusalem shall be included in the Economic Union of  Palestine and be bound by all

stipulations  of the undertaking and of any treaties issued therefrom, as well as  by the decisions of the Joint

Economic  Board. The headquarters of the Economic Board shall be established in  the territory City. The

Statute  shall provide for the regulation of economic matters not falling  within the regime of the Economic

Union,  on the basis of equal treatment and non-discrimination for all  members of thc United Nations and

their  nationals.

Freedom  of Transit and Visit: Control of residents

Subject  to considerations of security, and of economic welfare as determined  by the Governor under the

directions  of the Trusteeship Council, freedom of entry into, and residence  within the borders of the City

shall  be guaranteed for the residents or citizens of the Arab and Jewish  States. Immigration into, and

residence  within, the borders of the city for nationals of other States shall  be controlled by the Governor

under  the directions of the Trusteeship Council.

Relations  with Arab and Jewish States. Representatives of the Arab and Jewish  States shall be accredited to

the  Governor of the City and charged with the protection of the interests  of their States and nationals in

connection  with the international administration of thc City.

Official  languages

Arabic  and Hebrew shall be the official languages of the city. This will not  preclude the adoption of one or

more  additional working languages, as may be required.

Citizenship

All  the residents shall become ipso facto citizens of the City of  Jerusalem unless they opt for citizenship of

the  State of which they have been citizens or, if Arabs or Jews, have  filed notice of intention to become

citizens  of the Arab or Jewish State respectively, according to Part 1,  section B, paragraph 9, of this Plan.

The  Trusteeship Council shall make arrangements for consular protection  of the citizens of the City outside

its  territory.

Freedoms  of citizens

1. 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.

2. No discrimination of any kind shall be made between the  inhabitants on the grounds of race,

religion,  language or sex.

3. All persons within the City shall be entitled to equal  protection of the laws.

4. The family law and personal status of the various persons and  communities and their religious

interests,  including endowments, shall be respected.

5. Except as may be required for the maintenance of public order  and good government, no measure

shall  be taken to obstruct or interfere with the enterprise of religious or  charitable bodies of all

faiths  or to discriminate against any representative or member of these  bodies on the ground of his

religion  or nationality.

6. The 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.

7. No restriction shall be imposed on the free use by any  inhabitant of the City of any language in

private  intercourse, in commerce, in religion, in the Press or in  publications of any kind, or at

public  meetings.

Holy  Places

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

impaired.

2. 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.

3. 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.

4. No taxation shall be levied in respect of any Holy Place,  religious building or site which was

exempt  from taxation on the date of the creation of the City. No change in  the incidence of such

taxation  shall be made which would either discriminate between the owners or  occupiers of Holy

Places,  religious buildings or sites or would place such owners or occupiers  in a position less

favourable  in relation to the general incidence of taxation than existed at the  time of the adoption

of  the Assembly’s recommendations.

Special powers of the Governor in respect of the Holy Places,   religious buildings and sites in the City and

in  any part of Palestine.

1. The protection of the Holy Places, religious buildings and  sites located in the City of Jerusalem

shall  be a special concern of the Governor.

2. 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.

3. The Governor shall also be empowered to make decisions on the  basis of existing rights in cases

of  disputes which may arise between the different religious communities  or the rites of a religious

community  in respect of the Holy Places, religious buildings and sites in any  part of Palestine.

In  this task he may be assisted by a consultative council of  representatives of different

denominations  acting in an advisory capacity.

D.  DURATION OF THE SPECIAL REGIME

The  Statute elaborated by the Trusteeship Council the aforementioned  principles shall come into force not

later  than 1 October 1948. It shall remain in force in the first instance  for a period of ten years, unless the

Trusteeship  Council finds it necessary to undertake a re-examination of these  provisions at an earlier date.

After  the expiration of this period the whole scheme shall be subject to  examination by the Trusteeship

Council  in the light of experience acquired with its functioning. The  residents the City shall be then free to

express  by means of a referendum their wishes as to possible modifications of  regime of the City.

Part  IV. Capitulations

States  whose nationals have in the past enjoyed in Palestine the privileges  and immunities of foreigners,

including  the benefits of consular jurisdiction and protection, as formerly  enjoyed by capitulation or usage

in  the Ottoman Empire, are invited to renounce any right pertaining to  them to the re-establishment of such

privileges  and immunities in the proposed Arab and Jewish States and the City of  Jerusalem.

Adopted  at the 128th plenary meeting:

In  favour: 33

Australia,  Belgium, Bolivia, Brazil, Byelorussian S.S.R., Canada, Costa Rica,  Czechoslovakia, Denmark,

Dominican  Republic, Ecuador, France, Guatemala, Haiti, Iceland, Liberia,  Luxemburg, Netherlands, New

Zealand,  Nicaragua, Norway, Panama, Paraguay, Peru, Philippines, Poland,  Sweden, Ukrainian S.S.R.,

Union  of South Africa, U.S.A., U.S.S.R., Uruguay, Venezuela.

Against:  13

Afghanistan,  Cuba, Egypt, Greece, India, Iran, Iraq, Lebanon, Pakistan, Saudi  Arabia, Syria, Turkey,

Yemen.

Abstained:  10

Argentina,  Chile, China, Colombia, El Salvador, Ethiopia, Honduras, Mexico,  United Kingdom,

Yugoslavia.

(1)  See Official Records of the General Assembly, Second Session  Supplement No. 11,Volumes l-lV.

*  At its hundred and twenty-eighth plenary meeting on 29 November 1947  the General Assembly, in

accordance  with the terms of the above resolution, elected the following members  of the United Nations

Commission  on Palestine: Bolivia, Czechoslovakia, Denmark, Panama, and  Philippines.

(2)  This resolution was adopted without reference to a Committee.

(3)  The following stipulation shall be added to the declaration  concerning the Jewish State: “In the Jewish

State  adequate facilities shall be given to Arabic-speaking citizens for  the use of their language, either

orally  or in writing, in the legislature, before the Courts and in the  administration.”

(4)  In the declaration concerning the Arab State, the words “by an  Arab in the Jewish State” should be

replaced  by the words “by a Jew in the Arab State.”

(5)  On the question of the internationalization of Jerusalem, see also  General Assembly resolutions 185 (S-

2)  of 26 April 1948; 187 (S-2) of 6 May 1948, 303 (lV) of 9 December  1949, and resolutions of the

Trusteeship  Council (Section IV).

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