November 29th is an Israel anniversary date. It commemorates the moment when, on November 29, 1947, the United Nations passed Resolution 181.
Resolution 181 means something to Israel. It was the official UN Resolution that resolved to re-create the ancient Jewish homeland as a modern sovereign state. On November 29th , the UN voted to approve the creation of the world's only Jewish State.
In May, 1948, the British Palestine Mandate ended. At that moment, this new Jewish State gave itself a name: the State of Israel.
Everyone in Israel should remember this date, for three reasons. The first reason is obvious: this date marks the rebirth of our ancient Jewish national homeland as a modern State. After almost 2,000 years of exile and persecution, the United Nations made certain on this date to return to us our natural, national homeland.
The second reason we should remember November 29, 1947 is that this is the one day each year we should re-learn the lessons of Resolution 181. The lesson of Resolution 181 is simple: Its passage meant that Israel is legitimate. It has legal standing.
The third reason we should remember this date is to remind the UN it has failed repeatedly to fulfill its promises to the Jewish state. Israel should hold the UN's collective 'feet' to the fire of truth--that its (the UN's) duty is to make sure all states, including this Jewish State, are protected under the Charter of the UN.
Anti-Israel advocates question Israel's right to exist. They question Israel's legitimacy. This is why Israel should perform a public reading of 181 on November 29th--so it can validate that 181 was not a conditional document. It was not temporary. It was final. It made Israel a completely sovereign Member of the United Nations. It made Israel no different from any other state.
Resolution 181 didn't make Israel a partial Member of the UN. It didn't make Israel a part-time Member. It made the Jewish state (whatever its name would be) a permanent Member of the family of nations. That vote gave Israel an unquestioned, legal legitimacy.
Israel should remind the UN of that Resolution. Israel needs to remind the UN that 181 means that Israel has every right to exist.
On November 29th, Israel should remind the UN that 181 implicitly gave to Israel a promise of peace and security. That was--and is--the UN Charter's promise all Member States. But that hasn't happened. Since December 1, 1947, just hours after Resolution 181 passed, Israel has seen neither peace nor security.
If there is no peace and security for Israel, that isn't Israel's fault. It's the fault of the Arabs around Israel who absolutely refuse to accept the provisions of 181. Israel's lack of peace and security is also the fault of the UN itself. The anti-Jew attacks against the nascent state began almost immediately. Yet the UN never lifted a finger to aid the Jewish State.
When you read Resolution 181 (below), consider how Israel's Arab enemies violated its terms even before the proverbial ink had dried. You should also consider how the UN did nothing to protect Israel or to force those Arabs to become compliant with the Resolution.
Here's how both Arabs and the UN violated Res.181:
1. 181 promised that, regarding the creation of two states, if there should arise a threat to peace, a breach of peace or acts of aggression during the transition period to two states for two peoples, the UN would take whatever measures were necessary to stop those threats and aggression (according to the UN Charter's Articles 39-42).
However, once 181 passed, Arabs immediately resorted to acts of aggression against the new Jewish state. Since the passage of 181, Arabs have violated its terms consistently, repeatedly, and with violence. Much to its shame, the UN has taken no active action to reverse any Arab aggression, or to address any Arab violation of 181. The UN violated its own Charter.
2. In 181, both sides were called upon to implement the Resolution. The Arabs refused to do this. The UN took no steps to implement 181. The UN did nothing to enforce the conditions of 181. The UN violated its own formal requirement.
3. 181 made clear that the two peoples most affected by this Resolution were to take no action that would hamper its implementation. The Arabs violated that call. The UN did not act against that violation. The UN did nothing to stop Arab violence against Jews in what was to become Israel. The UN violated its own formally-stated requirement.
4. Neither the newly-created Jewish nor the newly-created Arab State mentioned in 181 were to use force against any other State in a manner inconsistent with the purpose of the United Nations (to establish peace and security between nations). The Arabs violated this provision. The UN did nothing to stop that violation. The UN violated its own requirement.
5. Both sides were required to offer equal rights in civil, political, economic and religious matters. The Arabs violated this requirement. The UN did nothing to correct those violations. The UN violated its Charter.
6. Both sides were to agree to create economic cooperation mechanisms. The Arabs violated that provision. The UN did nothing to persuade the Arabs to abandon such violations. The UIN violated its own stated requirements.
7. Access to Holy Places and religious building in the Holy Land were to be maintained and repaired as needed. The Arabs violated this provision. The UN did nothing to correct those violations. The UN violated its requirements.
8.Freedom of worship for all--especially in Jerusalem--was to be granted. The Arabs violated this provision. The UN did nothing to make certain this freedom was guaranteed. The UN violated its own requirements.
9. Each of the two states created by 181 was to offer adequate primary and secondary education to all within their respective state, particularly for the minority populations within their state. The Arabs violated this provision. The UN did nothing about this violation. The UN violated its own requirements.
10. Jerusalem was to remain an open, international city, with freedom of religion, worship and access to Holy cites granted to all. The Arabs violated this provision. The UN did nothing to force the Arabs to abide by this provision. The UN violated its own Charter.
In sum, neither the Arab enemies of Israel nor the United Nations followed the dictates of Resolution 181. Each November 29th, Israel should tell the UN that Israel will not accept any rulings by the UN as binding until all the violations of 181 be addressed, including the imposition of appropriate compensation and penalties for violations.
On November 29th of each year, Israel should expose the UN for what it is: a hypocritical, useless entity which has never stood up for its Member State, Israe.
Here is 181. For your convenience, I have made bold key phrases and sentences:
- 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;
PLAN OF PARTITION WITH ECONOMIC UNION
- 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.
- 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.
General Provision
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
- 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.
- 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.
- 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.
- 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.
- 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.
Adopted at the 128th plenary meeting.