Modern History Sourcebook:
The Partition of Palestine:
UN General Assembly Resolution 181, November 29, 1947
United Nations General Assembly Resolution 181 called for the partition of the
British-ruled Palestine Mandate into a Jewish state and an Arab state. It was approved on
November 29, 1947 with 33 votes in favor, 13 against, 10 abstentions and one absent (see
list at end of document).The resolution was accepted by the Jews in Palestine, yet rejected by the Arabs in
Palestine and the Arab states.
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, andHaving received and examined the report of the Special Committee
(document A/364)(1) including a number of unanimous recommendations and a plan of
partition with economic union approved by the majority of the Special Committee,Considers that the present situation in Palestine is one which is
likely to impair the general welfare and friendly relations among nations;Takes note of the declaration by the mandatory Power that it plans to
complete its evacuation of Palestine by l August 1948;Recommends to the United Kingdom, as the mandatory Power for
Palestine, and to all other Members of the United Nations the adoption and implementation,
with regard to the future Government of Palestine, of the Plan of Partition with Economic
Union set out below;Requests that
- The Security Council take the necessary measures as provided for in the plan for its
implementation;
- The Security Council consider, if circumstances during the transitional period require
such consideration, whether the situation in Palestine constitutes a threat to the peace.
If it decides that such a threat exists, and in order to maintain international peace and
security, the Security Council should supplement the authorization of the General Assembly
by taking measures, under Articles 39 and 41 of the Charter, to empower the United Nations
Commission, as provided in this resolution, to exercise in Palestine the functions which
are assigned to it by this resolution;
- The Security Council determine as a threat to the peace, breach of the peace or act of
aggression, in accordance with Article 39 of the Charter, any attempt to alter by force
the settlement envisaged by this resolution;
- The Trusteeship Council be informed of the responsibilities envisaged for it in this
plan;Calls upon the inhabitants of Palestine to take such steps as may
be necessary on their part to put this plan into effect;Appeals to all Governments and all peoples to refrain from taking any
action which might hamper or delay the carrying out of these recommendations, andAuthorizes 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 UNIONPart I. - Future Constitution and Government of PalestineA. TERMINATION OF MANDATE, PARTITION AND INDEPENDENCE
- The Mandate for Palestine shall terminate as soon as
possible but in any case not later than 1 August 1948.
- The armed forces of the mandatory Power shall be progressively withdrawn from Palestine,
the withdrawal to be completed as soon as possible but in any case not later than 1 August
1948.
The mandatory Power shall advise the Commission, as far in advance as possible, of its
intention to terminate the mandate and to evacuate each area. The mandatory Power shall
use its best endeavours to ensure that an area situated in the territory of the Jewish
State, including a seaport and hinterland adequate to provide facilities for a substantial
immigration, shall be evacuated at the earliest possible date and in any event not later
than 1 February 1948.
- Independent Arab and Jewish States and the Special International Regime for the City of
Jerusalem, set forth in Part III of this Plan, shall come into existence in Palestine two
months after the evacuation of the armed forces of the mandatory Power has been completed
but in any case not later than 1 October 1948. The boundaries of the Arab State, the
Jewish State, and the City of Jerusalem shall be as described in Parts II and III below.
- The period between the adoption by the General Assembly of its recommendation on the
question of Palestine and the establishment of the independence of the Arab and Jewish
States shall be a transitional period.
B. STEPS PREPARATORY TO INDEPENDENCE
- A Commission shall be set up consisting of one representative of each of five Member
States. The Members represented on the Commission shall be elected by the General Assembly
on as broad a basis, geographically and otherwise, as possible.
- The administration of Palestine shall, as the mandatory Power withdraws its armed
forces, be progressively turned over to the Commission, which shall act in conformity with
the recommendations of the General Assembly, under the guidance of the Security Council.
The mandatory Power shall to the fullest possible extent coordinate its plans for
withdrawal with the plans of the Commission to take over and administer areas which have
been evacuated.
In the discharge of this administrative responsibility the Commission shall have authority
to issue necessary regulations and take other measures as required.
The mandatory Power shall not take any action to prevent, obstruct or delay the
implementation by the Commission of the measures recommended by the General Assembly.
- On its arrival in Palestine the Commission shall proceed to carry out measures for the
establishment of the frontiers of the Arab and Jewish States and the City of Jerusalem in
accordance with the general lines of the recommendations of the General Assembly on the
partition of Palestine. Nevertheless, the boundaries as described in Part II of this Plan
are to be modified in such a way that village areas as a rule will not be divided by state
boundaries unless pressing reasons make that necessary.
- The Commission, after consultation with the democratic parties and other public
organizations of the Arab and Jewish States, shall select and establish in each State as
rapidly as possible a Provisional Council of Government. The activities of both the Arab
and Jewish Provisional Councils of Government shall be carried out under the general
direction of the Commission.
If by 1 April 1948 a Provisional Council of Government cannot be selected for either of
the States, or, if selected, cannot carry out its functions, the Commission shall
communicate that fact to the Security Council for such action with respect to that State
as the Security Council may deem proper, and to the Secretary-General for communication to
the Members of the United Nations.
- Subject to the provisions of these recommendations, during the transitional period the
Provisional Councils of Government, acting under the Commission, shall have full authority
in the areas under their control including authority over matters of immigration and land
regulation.
- The Provisional Council of Government of each State, acting under the Commission, shall
progressively receive from the Commission full responsibility for the administration of
that State in the period between the termination of the Mandate and the establishment of
the State's independence.
- The Commission shall instruct the Provisional Councils of Government of both the Arab
and Jewish States, after their formation, to proceed to the establishment of
administrative organs of government, central and local.
- The Provisional Council of Government of each State shall, within the shortest time
possible, recruit an armed militia from the residents of that State, sufficient in number
to maintain internal order and to prevent frontier clashes.
This armed militia in each State shall, for operational purposes, be under the command of
Jewish or Arab officers resident in that State, but general political and military
control, including the choice of the militia's High Command, shall be exercised by the
Commission.
- The Provisional Council of Government of each State shall, not later than two months
after the withdrawal of the armed forces of the mandatory Power, hold elections to the
Constituent Assembly which shall be conducted on democratic lines.
The election regulations in each State shall be drawn up by the Provisional Council of
Government and approved by the Commission. Qualified voters for each State for this
election shall be persons over eighteen years of age who are (a) Palestinian citizens
residing in that State; and (b) Arabs and Jews residing in the State, although not
Palestinian citizens, who, before voting, have signed a notice of intention to become
citizens of such State.
Arabs and Jews residing in the City of Jerusalem who have signed a notice of intention to
become citizens, the Arabs of the Arab State and the Jews of the Jewish State, shall be
entitled to vote in the Arab and Jewish States respectively.
Women may vote and be elected to the Constituent Assemblies.
During the transitional period no Jew shall be permitted to establish residence in the
area of the proposed Arab State, and no Arab shall be permitted to establish residence in
the area of the proposed Jewish State, except by special leave of the Commission.
- The Constituent Assembly of each State shall draft a democratic constitution for its
State and choose a provisional government to succeed the Provisional Council of Government
appointed by the Commission. The Constitutions of the States shall embody Chapters 1 and 2
of the Declaration provided for in section C below and include, inter alia, provisions
for:
- Establishing in each State a legislative body elected by universal suffrage and by
secret ballot on the basis of proportional representation, and an executive body
responsible to the legislature;
- Settling all international disputes in which the State may be involved by peaceful means
in such a manner that international peace and security, and justice, are not endangered;
- Accepting the obligation of the State to refrain in its international relations from the
threat or use of force against the territorial integrity or political independence of any
State, or in any other manner inconsistent with the purpose of the United Nations;
- Guaranteeing to all persons equal and non-discriminatory rights in civil, political,
economic and religious matters and the enjoyment of human rights and fundamental freedoms,
including freedom of religion, language, speech and publication, education, assembly and
association;
- Preserving freedom of transit and visit for all residents and citizens of the other
State in Palestine and the City of Jerusalem, subject to considerations of national
security, provided that each State shall control residence within its borders.
- The Commission shall appoint a preparatory economic commission of three members to make
whatever arrangements are possible for economic co-operation, with a view to establishing,
as soon as practicable, the Economic Union and the Joint Economic Board, as provided in
section D below.
- During the period between the adoption of the recommendations on the question of
Palestine by the General Assembly and the termination of the Mandate, the mandatory Power
in Palestine shall maintain full responsibility for administration in areas from which it
has not withdrawn its armed forces. The Commission shall assist the mandatory Power in the
carrying out of these functions. Similarly the mandatory Power shall co-operate with the
Commission in the execution of its functions.
- With a view to ensuring that there shall be continuity in the functioning of
administrative services and that, on the withdrawal of the armed forces of the mandatory
Power, the whole administration shall be in the charge of the Provisional Councils and the
Joint Economic Board, respectively, acting under the Commission, there shall be a
progressive transfer, from the mandatory Power to the Commission, of responsibility for
all the functions of government, including that of maintaining law and order in the areas
from which the forces of the mandatory Power have been withdrawn.
- The Commission shall be guided in its activities by the recommendations of the General
Assembly and by such instructions as the Security Council may consider necessary to issue.
The measures taken by the Commission, within the recommendations of the General Assembly,
shall become immediately effective unless the Commission has previously received contrary
instructions from the Security Council.
The Commission shall render periodic monthly progress reports, or more frequently if
desirable, to the Security Council.
- The Commission shall make its final report to the next regular session of the General
Assembly and to the Security Council simultaneously.
C. DECLARATIONA 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 ProvisionThe stipulations contained in the Declaration are recognized as fundamental laws of the
State and no law, regulation or official action shall conflict or interfere with these
stipulations, nor shall any law, regulation or official action prevail over them.
Chapter I: Holy Places, Religious Buildings and Sites
- Existing rights in respect of Holy Places and religious buildings or sites shall not be
denied or impaired.
- In so far as Holy Places are concerned, the liberty of access, visit, and transit shall
be guaranteed, in conformity with existing rights, to all residents and citizen of the
other State and of the City of Jerusalem, as well as to aliens, without distinction as to
nationality, subject to requirements of national security, public order and decorum.
Similarly, freedom of worship shall be guaranteed in conformity with existing rights,
subject to the maintenance of public order and decorum.
- Holy Places and religious buildings or sites shall be preserved. No act shall be
permitted which may in an way impair their sacred character. If at any time it appears to
the Government that any particular Holy Place, religious, building or site is in need of
urgent repair, the Government may call upon the community or communities concerned to
carry out such repair. The Government may carry it out itself at the expense of the
community or community concerned if no action is taken within a reasonable time.
- No taxation shall be levied in respect of any Holy Place, religious building or site
which was exempt from taxation on the date of the creation of the State.
No change in the incidence of such taxation shall be made which would either discriminate
between the owners or occupiers of Holy Places, religious buildings or sites, or would
place such owners or occupiers in a position less favourable in relation to the general
incidence of taxation than existed at the time of the adoption of the Assembly's
recommendations.
- The Governor of the City of Jerusalem shall have the right to determine whether the
provisions of the Constitution of the State in relation to Holy Places, religious
buildings and sites within the borders of the State and the religious rights appertaining
thereto, are being properly applied and respected, and to make decisions on the basis of
existing rights in cases of disputes which may arise between the different religious
communities or the rites of a religious community with respect to such places, buildings
and sites. He shall receive full co-operation and such privileges and immunities as are
necessary for the exercise of his functions in the State.
Chapter 2: Religious and Minority Rights
- Freedom of conscience and the free exercise of all forms of worship, subject only to the
maintenance of public order and morals, shall be ensured to all.
- No discrimination of any kind shall be made between the inhabitants on the ground of
race, religion, language or sex.
- All persons within the jurisdiction of the State shall be entitled to equal protection
of the laws.
- The family law and personal status of the various minorities and their religious
interests, including endowments, shall be respected.
- Except as may be required for the maintenance of public order and good government, no
measure shall be taken to obstruct or interfere with the enterprise of religious or
charitable bodies of all faiths or to discriminate against any representative or member of
these bodies on the ground of his religion or nationality.
- The State shall ensure adequate primary and secondary education for the Arab and Jewish
minority, respectively, in its own language and its cultural traditions.
The right of each community to maintain its own schools for the education of its own
members in its own language, while conforming to such educational requirements of a
general nature as the State may impose, shall not be denied or impaired. Foreign
educational establishments shall continue their activity on the basis of their existing
rights.
- No restriction shall be imposed on the free use by any citizen of the State of any
language in private intercourse, in commerce, in religion, in the Press or in publications
of any kind, or at public meetings.(3)
- No expropriation of land owned by an Arab in the Jewish State (by a Jew in the Arab
State)(4) shall be allowed except for public purposes. In all cases of expropriation full
compensation as fixed by the Supreme Court shall be said previous to dispossession.
Chapter 3: Citizenship, International Conventions and Financial Obligations1. Citizenship Palestinian citizens residing in Palestine outside the City of Jerusalem, as well as
Arabs and Jews who, not holding Palestinian citizenship, reside in Palestine outside the
City of Jerusalem shall, upon the recognition of independence, become citizens of the
State in which they are resident and enjoy full civil and political rights. Persons over
the age of eighteen years may opt, within one year from the date of recognition of
independence of the State in which they reside, for citizenship of the other State,
providing that no Arab residing in the area of the proposed Arab State shall have the
right to opt for citizenship in the proposed Jewish State and no Jew residing in the
proposed Jewish State shall have the right to opt for citizenship in the proposed Arab
State. The exercise of this right of option will be taken to include the wives and
children under eighteen years of age of persons so opting.Arabs residing in the area of the proposed Jewish State and Jews residing in the area
of the proposed Arab State who have signed a notice of intention to opt for citizenship of
the other State shall be eligible to vote in the elections to the Constituent Assembly of
that State, but not in the elections to the Constituent Assembly of the State in which
they reside.2. International conventions
- The State shall be bound by all the international agreements and conventions, both
general and special, to which Palestine has become a party. Subject to any right of
denunciation provided for therein, such agreements and conventions shall be respected by
the State throughout the period for which they were concluded.
- Any dispute about the applicability and continued validity of international conventions
or treaties signed or adhered to by the mandatory Power on behalf of Palestine shall be
referred to the International Court of Justice in accordance with the provisions of the
Statute of the Court.
3. Financial obligations
- The State shall respect and fulfil all financial obligations of whatever nature assumed
on behalf of Palestine by the mandatory Power during the exercise of the Mandate and
recognized by the State. This provision includes the right of public servants to pensions,
compensation or gratuities.
- These obligations shall be fulfilled through participation in the Joint Economic Board
in respect of those obligations applicable to Palestine as a whole, and individually in
respect of those applicable to, and fairly apportionable between, the States.
- A Court of Claims, affiliated with the Joint Economic Board, and composed of one member
appointed by the United Nations, one representative of the United Kingdom and one
representative of the State concerned, should be established. Any dispute between the
United Kingdom and the State respecting claims not recognized by the latter should be
referred to that Court.
- Commercial concessions granted in respect of any part of Palestine prior to the adoption
of the resolution by the General Assembly shall continue to be valid according to their
terms, unless modified by agreement between the concession-holders and the State.
Chapter 4: Miscellaneous Provisions
- The provisions of chapters 1 and 2 of the declaration shall be under the guarantee of
the United Nations, and no modifications shall be made in them without the assent of the
General Assembly of the United Nations. Any Member of the United Nations shall have the
right to bring to the attention of the General Assembly any infraction or danger of
infraction of any of these stipulations, and the General Assembly may thereupon make such
recommendations as it may deem proper in the circumstances.
- Any dispute relating to the application or interpretation of this declaration shall be
referred, at the request of either party, to the International Court of Justice, unless
the parties agree to another mode of settlement.
D. ECONOMIC UNION AND TRANSIT
- The Provisional Council of Government of each State shall enter into an undertaking with
respect to Economic Union and Transit. This undertaking shall be drafted by the Commission
provided for in section B, paragraph 1, utilizing to the greatest possible extent the
advice and cooperation of representative organizations and bodies from each of the
proposed States. It shall contain provisions to establish the Economic Union of Palestine
and provide for other matters of common interest. If by 1 April 1948 the Provisional
Councils of Government have not entered into the undertaking, the undertaking shall be put
into force by the Commission.The Economic Union of Palestine
- The objectives of the Economic Union of Palestine shall be:
- A customs union;
- A joint currency system providing for a single foreign exchange rate;
- Operation in the common interest on a non-discriminatory basis of railways inter-State
highways; postal, telephone and telegraphic services and ports and airports involved in
international trade and commerce;
- Joint economic development, especially in respect of irrigation, land reclamation and
soil conservation;
- Access for both States and for the City of Jerusalem on a non-discriminatory basis to
water and power facilities.
- There shall be established a Joint Economic Board, which shall consist of three
representatives of each of the two States and three foreign members appointed by the
Economic and Social Council of the United Nations. The foreign members shall be appointed
in the first instance for a term of three years; they shall serve as individuals and not
as representatives of States.
- The functions of the Joint Economic Board shall be to implement either directly or by
delegation the measures necessary to realize the objectives of the Economic Union. It
shall have all powers of organization and administration necessary to fulfil its
functions.
- The States shall bind themselves to put into effect the decisions of the Joint Economic
Board. The Board's decisions shall be taken by a majority vote.
- In the event of failure of a State to take the necessary action the Board may, by a vote
of six members, decide to withhold an appropriate portion of the part of the customs
revenue to which the State in question is entitled under the Economic Union. Should the
State persist in its failure to cooperate, the Board may decide by a simple majority vote
upon such further sanctions, including disposition of funds which it has withheld, as it
may deem appropriate.
- In relation to economic development, the functions of the Board shall be planning,
investigation and encouragement of joint development projects, but it shall not undertake
such projects except with the assent of both States and the City of Jerusalem, in the
event that Jerusalem is directly involved in the development project.
- In regard to the joint currency system, the currencies circulating in the two States and
the City of Jerusalem shall be issued under the authority of the Joint Economic Board,
which shall be the sole issuing authority and which shall determine the reserves to be
held against such currencies.
- So far as is consistent with paragraph 2(b) above, each State may operate its own
central bank, control its own fiscal and credit policy, its foreign exchange receipts and
expenditures, the grant of import licences, and may conduct international financial
operations on its own faith and credit. During the first two years after the termination
of the Mandate, the Joint Economic Board shall have the authority to take such measures as
may be necessary to ensure that - to the extent that the total foreign exchange revenues
of the two States from the export of goods and services permit, and provided that each
State takes appropriate measures to conserve its own foreign exchange resources - each
State shall have available, in any twelve months' period, foreign exchange sufficient to
assure the supply of quantities of imported goods and services for consumption in its
territory equivalent to the quantities of such goods and services consumed in that
territory in the twelve months' period ending 31 December 1947.
- All economic authority not specifically vested in the Joint Economic Board is reserved
to each State.
- There shall be a common customs tariff with complete freedom of trade between the
States, and between the States and the City of Jerusalem.
- The tariff schedules shall be drawn up by a Tariff Commission, consisting of
representatives of each of the States in equal numbers, and shall be submitted to the
Joint Economic Board for approval by a majority vote. In case of disagreement in the
Tariff Commission, the Joint Economic Board shall arbitrate the points of difference. In
the event that the Tariff Commission fails to draw up any schedule by a date to be fixed,
the Joint Economic Board shall determine the tariff schedule.
- The following items shall be a first charge on the customs and other common revenue of
the Joint Economic Board:
- The expenses of the customs service and of the operation of the joint services;
- The administrative expenses of the Joint Economic Board;
- The financial obligations of the Administration of Palestine, consisting of:
- The service of the outstanding public debt;
- The cost of superannuation benefits, now being paid or falling due in the future, in
accordance with the rules and to the extent established by paragraph 3 of chapter 3 above.
- 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 NATIONSWhen 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. - BoundariesA. THE ARAB STATEThe 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 STATEThe 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 JERUSALEMThe 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 REGIMEThe 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 CITYThe 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 CITYThe Trusteeship Council shall, within five months of the approval of the present plan,
elaborate and approve a detailed statute of the City which shall contain, inter alia, the
substance of the following provisions:
- Government machinery; special objectives. The Administering Authority in discharging its
administrative obligations shall pursue the following special objectives:
- To protect and to preserve the unique spiritual and religious interests located in the
city of the three great monotheistic faiths throughout the world, Christian, Jewish and
Moslem; to this end to ensure that order and peace, and especially religious peace, reign
in Jerusalem;
- To foster cooperation among all the inhabitants of the city in their own interests as
well as in order to encourage and support the peaceful development of the mutual relations
between the two Palestinian peoples throughout the Holy Land; to promote the security,
well-being and any constructive measures of development of the residents having regard to
the special circumstances and customs of the various peoples and communities.
- Governor and Administrative staff. A Governor of the City of Jerusalem shall be
appointed by the Trusteeship Council and shall be responsible to it. He shall be selected
on the basis of special qualifications and without regard to nationality. He shall not,
however, be a citizen of either State in Palestine.
The Governor shall represent the United Nations in the City and shall exercise on their
behalf all powers of administration, including the conduct of external affairs. He shall
be assisted by an administrative staff classed as international officers in the meaning of
Article 100 of the Charter and chosen whenever practicable from the residents of the city
and of the rest of Palestine on a non-discriminatory basis. A detailed plan for the
organization of the administration of the city shall be submitted by the Governor to the
Trusteeship Council and duly approved by it.
- 3. Local autonomy
- The existing local autonomous units in the territory of the city (villages, townships
and municipalities) shall enjoy wide powers of local government and administration.
- The Governor shall study and submit for the consideration and decision of the
Trusteeship Council a plan for the establishment of special town units consisting,
respectively, of the Jewish and Arab sections of new Jerusalem. The new town units shall
continue to form part the present municipality of Jerusalem.
- Security measures
- The City of Jerusalem shall be demilitarized; neutrality shall be declared and
preserved, and no para-military formations, exercises or activities shall be permitted
within its borders.
- Should the administration of the City of Jerusalem be seriously obstructed or prevented
by the non-cooperation or interference of one or more sections of the population the
Governor shall have authority to take such measures as may be necessary to restore the
effective functioning of administration.
- To assist in the maintenance of internal law and order, especially for the protection of
the Holy Places and religious buildings and sites in the city, the Governor shall organize
a special police force of adequate strength, the members of which shall be recruited
outside of Palestine. The Governor shall be empowered to direct such budgetary provision
as may be necessary for the maintenance of this force.
- Legislative Organization.
A Legislative Council, elected by adult residents of the city irrespective of nationality
on the basis of universal and secret suffrage and proportional representation, shall have
powers of legislation and taxation. No legislative measures shall, however, conflict or
interfere with the provisions which will be set forth in the Statute of the City, nor
shall any law, regulation, or official action prevail over them. The Statute shall grant
to the Governor a right of vetoing bills inconsistent with the provisions referred to in
the preceding sentence. It shall also empower him to promulgate temporary ordinances in
case the Council fails to adopt in time a bill deemed essential to the normal functioning
of the administration.
- Administration of Justice.
The Statute shall provide for the establishment of an independent judiciary system,
including a court of appeal. All the inhabitants of the city shall be subject to it.
- Economic Union and Economic Regime.
The City of Jerusalem shall be included in the Economic Union of Palestine and be bound by
all stipulations of the undertaking and of any treaties issued therefrom, as well as by
the decisions of the Joint Economic Board. The headquarters of the Economic Board shall be
established in the territory City. The Statute shall provide for the regulation of
economic matters not falling within the regime of the Economic Union, on the basis of
equal treatment and non-discrimination for all members of thc United Nations and their
nationals.
- Freedom of Transit and Visit: Control of residents.
Subject to considerations of security, and of economic welfare as determined by the
Governor under the directions of the Trusteeship Council, freedom of entry into, and
residence within the borders of the City shall be guaranteed for the residents or citizens
of the Arab and Jewish States. Immigration into, and residence within, the borders of the
city for nationals of other States shall be controlled by the Governor under the
directions of the Trusteeship Council.
- Relations with Arab and Jewish States. Representatives of the Arab and Jewish States
shall be accredited to the Governor of the City and charged with the protection of the
interests of their States and nationals in connection with the international
administration of thc City.
- Official languages.
Arabic and Hebrew shall be the official languages of the city. This will not preclude the
adoption of one or more additional working languages, as may be required.
- Citizenship.
All the residents shall become ipso facto citizens of the City of Jerusalem unless they
opt for citizenship of the State of which they have been citizens or, if Arabs or Jews,
have filed notice of intention to become citizens of the Arab or Jewish State
respectively, according to Part 1, section B, paragraph 9, of this Plan.
The Trusteeship Council shall make arrangements for consular protection of the citizens of
the City outside its territory.
- Freedoms of citizens
- Subject only to the requirements of public order and morals, the inhabitants of the City
shall be ensured the enjoyment of human rights and fundamental freedoms, including freedom
of conscience, religion and worship, language, education, speech and press, assembly and
association, and petition.
- No discrimination of any kind shall be made between the inhabitants on the grounds of
race, religion, language or sex.
- All persons within the City shall be entitled to equal protection of the laws.
- The family law and personal status of the various persons and communities and their
religious interests, including endowments, shall be respected.
- Except as may be required for the maintenance of public order and good government, no
measure shall be taken to obstruct or interfere with the enterprise of religious or
charitable bodies of all faiths or to discriminate against any representative or member of
these bodies on the ground of his religion or nationality.
- The City shall ensure adequate primary and secondary education for the Arab and Jewish
communities respectively, in their own languages and in accordance with their cultural
traditions.
The right of each community to maintain its own schools for the education of its own
members in its own language, while conforming to such educational requirements of a
general nature as the City may impose, shall not be denied or impaired. Foreign
educational establishments shall continue their activity on the basis of their existing
rights.
- No restriction shall be imposed on the free use by any inhabitant of the City of any
language in private intercourse, in commerce, in religion, in the Press or in publications
of any kind, or at public meetings.
- Holy Places
- Existing rights in respect of Holy Places and religious buildings or sites shall not be
denied or impaired.
- Free access to the Holy Places and religious buildings or sites and the free exercise of
worship shall be secured in conformity with existing rights and subject to the
requirements of public order and decorum.
- Holy Places and religious buildings or sites shall be preserved. No act shall be
permitted which may in any way impair their sacred character. If at any time it appears to
the Governor that any particular Holy Place, religious building or site is in need of
urgent repair, the Governor may call upon the community or communities concerned to carry
out such repair. The Governor may carry it out himself at the expense of the community or
communities concerned if no action is taken within a reasonable time.
- No taxation shall be levied in respect of any Holy Place, religious building or site
which was exempt from taxation on the date of the creation of the City. No change in the
incidence of such taxation shall be made which would either discriminate between the
owners or occupiers of Holy Places, religious buildings or sites or would place such
owners or occupiers in a position less favourable in relation to the general incidence of
taxation than existed at the time of the adoption of the Assembly's recommendations.
- Special powers of the Governor in respect of the Holy Places, religious buildings and
sites in the City and in any part of Palestine.
- The protection of the Holy Places, religious buildings and sites located in the City of
Jerusalem shall be a special concern of the Governor.
- With relation to such places, buildings and sites in Palestine outside the city, the
Governor shall determine, on the ground of powers granted to him by the Constitution of
both States, whether the provisions of the Constitution of the Arab and Jewish States in
Palestine dealing therewith and the religious rights appertaining thereto are being
properly applied and respected.
- The Governor shall also be empowered to make decisions on the basis of existing rights
in cases of disputes which may arise between the different religious communities or the
rites of a religious community in respect of the Holy Places, religious buildings and
sites in any part of Palestine.
In this task he may be assisted by a consultative council of representatives of different
denominations acting in an advisory capacity.
D. DURATION OF THE SPECIAL REGIMEThe 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. CapitulationsStates 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: 33Australia, 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: 13Afghanistan, Cuba, Egypt, Greece, India, Iran, Iraq, Lebanon, Pakistan, Saudi
Arabia, Syria, Turkey, Yemen.Abstained: 10Argentina, 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).
Source:From Israeli Government Website
This text is part of the Internet
Modern History Sourcebook. The Sourcebook is a collection of public domain and
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Paul Halsall, November 1998
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