Jerusalem/Government House – SecGen report

REPORT OF THE SECRETARY-GENERAL UNDER SECURITY COUNCIL RESOLUTIONS

252 (1968), 267 (1969) and 271 (1969) and GENERAL ASSEMBLY RESOLUTION 2254 (ES-V)

Addendum

1. Since the publication of the report of 18 February 1971 (A/8282, S/10124), a further exchange of communications concerning the status of Jerusalem and the United Nations premises at Government House in Jerusalem has taken place between the Secretary-General and the Permanent Representative of Israel to the United Nations.

2. On 8 March 1971, the Permanent Representative of Israel addressed the following note to the Secretary-General in reply to the latter's two communications of 26 January 1971 (A/8282 and S/10124, para. 4):

"The Permanent Representative of Israel to the United Nations presents his compliments to the Secretary-General of the United Nations and has the honour, on instructions of his Government, to refer to the Secretary-General's two notes dated 26 January 1971 (A/8282, S/10124), one dealing with the premises known as Government House and the other dealing more generally with building construction in Jerusalem.

"The Permanent Representative of Israel is instructed to state that these two communications have been carefully examined and that the Government of Israel's position remains as it has been conveyed to the Secretary-General in its various communications on the subject.  At the same time, the Government of Israel wishes to place on record its reservations to the various legal and other considerations advanced in those two notes, and more particularly to the references made in them to claims of the United Nations 'to the occupancy and possession of the whole of the premises' of Government House.

"The Permanent Representative of Israel avails himself of this opportunity to renew to the Secretary-General of the United Nations the expression of his highest consideration."

5. On 12 April, the Secretary-General sent the following note to the Permanent Representative of Israel:

"The Secretary-General of the United Nations presents his compliments to the Permanent Representative of Israel to the United Nations and has the honour to refer to the Permanent Representative's note of 8 March 1971 in response to two notes from the Secretary-General of 26 January 197 – one relating to the status of Jerusalem and the other to the question of the return to the United Nations of the whole of its premises, as constituted on 5 June 1967 – at Government House in Jerusalem.

"The Permanent Representative's reply of 8 March 1971 is to the effect that the Secretary-General's two communications have 'been carefully examined and that the Government of Israel's position remains as it has been conveyed to the Secretary-General in its various communications on the subject'.  At the same time, the Government of Israel wishes to place on record its reservations to the various legal and other considerations advanced in those two notes, and more particularly to the references made in them to claims of the United Nations 'to the occupancy and possession of the whole of the premises of Government House.'

"The Secretary-General notes that, presumably because of the reservations referred to in the above reply, no copy of the reported Jerusalem 'Master Plan' has been provided, nor has any information regarding it been furnished to the Secretary-General, notwithstanding the requests contained in his notes of 10 December 1970 and 26 January 1971.

I

"In so far as the Permanent Representative's reply of 8 March 1971 relates to the Secretary-General's note of 26 January 1971 regarding the status of Jerusalem, that reply will be communicated to the Security Council and the General Assembly pursuant to the Secretary-General's obligations to report under the relevant resolutions.

II

"In so far as the Permanent Representative's reply relates to the Secretary-General's communication of 26 January 1971 requesting the return of the whole of the United Nations premises at Government House as constituted on 5 June 1967, the Secretary-General notes that the reply contains no direct response to this request.  Nor is any precise information given on the exact terms of the reservations which are at present held by the Government of Israel regarding the Secretary-General's request.

"The Secretary-General observes that the reservations referred, to in the Permanent Representative's note are now raised for the first time.  They were not mentioned when part only of the Government House premises was returned to the United Nations.  At that time the position of the Government of Israel, set out in the Permanent Representative's letter of 22 August 1967, indicated no such reservations, although the Secretary-General had previously expressly preserved the rights of the United Nations to the occupancy and possession of the whole of the Government House premises as constituted when UNTSO was forced to evacuate them on 5 June 1967.  The Secretary-General would also observe that it was in reliance on the preservation of these United Nations rights that the Secretary-General authorized the return of the Chief of Staff of UNTSO and his staff to the lesser area, in the circumstances and under the conditions indicated in the Secretary-General's report to the Security Council of 11 August 1967 (S/7930/Add.27).  As the reservations referred to in the note under reply relate in part to 'legal… considerations', it may be mentioned that one way of resolving any differences now arising would be to have resort to the procedure for settlement laid down in section 30 of the Convention on the Privileges and Immunities of the United Nations.

"In all the circumstances of the case, and taking into account both current works by the Israel authorities within and bordering upon Government House property as constituted on 5 June 1967 as well as the absence of a direct reply to the specific request of the Secretary-General in his note of 26 January 1971, the Secretary-General is constrained to reiterate that request, namely, for the unreserved return to the United Nations of the remainder of its Government House premises.

"The Secretary-General avails himself of this opportunity to renew to the Permanent Representative of Israel the assurances of his highest consideration."