Palestine question-Progress report of the UN Mediator – Draft resolution (Colombia)

Third session

FIRST COMMITTEE

PALESTINE PROGRESS REPORT OF THE UNITED NATIONS MEDIATOR ON PALESTINE

Colombia: Draft Resolution

THE GENERAL ASSEMBLY,

HAVING ADOPTED on 29 November 1947 a resolution (Document A/516) regarding the future government of Palestine and providing a plan of partition with economic union;

HAVING ADOPTED on 14 May 1948 resolution 186 (S-2) empowering a United Nations Mediator in Palestine to exercise certain functions including the use of his good offices to promote a peaceful adjustment of the future situation in Palestine;

HAVING RECEIVED AND EXAMINED the Progress Report of the United Nations Mediator on Palestine (A/648) submitted by the late Count Folke Bernadotte;

HAVING TAKEN NOTE of the resolutions of the Security Council concerning the truce in Palestine and of the Resolution of 16 November 1948 concerning the establishment of an armistice by means of negotiations conducted either directly or through the Acting Mediator on Palestine;

BEING OF OPINION that the Assembly’s resolution of 29 November 1947 is the basic starting point of settlement by the Assembly of the Palestine question;

BEING FURTHER OF OPINION that the final settlement in Palestine as regards boundaries should be in conformity with the principles of the recommendation contained in the Assembly resolution of 29 November 1947 but should also take into account subsequent proposals, including those in the Mediator’s report;

1. EXPRESSES its deep appreciation of the progress achieved through the good offices of the late United Nations Mediator in promoting a peaceful adjustment of the future situation of Palestine for which cause he sacrificed his life; and EXTENDS its thanks to the Acting Mediator and his staff for their continued efforts and devotion to duty in Palestine;

2. CALLS UPON the Governments and authorities concerned to extend the scope of the negotiations provided for the Security Council’s resolution of 16 November 1948, and to seek agreement by negotiations conducted either directly or through the Conciliation Commission with a view to a final

3. ESTABLISHES a Conciliation Commission consisting of three world known personalities appointed by the General Assembly which shall have the following functions:

(a) To assume the functions given to the United Nations Mediator on Palestine by the Resolution of the General Assembly of 14 May 1948;

(b) To carry out the specific functions and directives given to it by this Resolution and such additional functions and directives as may be given to it by the General Assembly or by the Security Council;

(c) To enter into consultations with the Governments and authorities concerned with a view to achievement of a final settlement of all questions outstanding between them, including in particular the questions dealt with in the General Assembly resolution of 29 November 1947 and in Part I, Section VIII, Paragraph 4 of the Progress Report of the United Nations Mediator on Palestine;

(d) To undertake, upon the request of the Security Council, any of the functions now assigned to the United Nations Mediator on Palestine or to the United Nations Truce Commission by resolutions of the Security Council; upon such request to the Conciliation Commission by the Security Council with respect to all the remaining functions of the United Nations Mediator on Palestine under Security Council resolutions, the office of the Mediator shall be terminated;

4. INSTRUCTS the Conciliation Commission in pursuance of Paragraph 3 (c) above to enter into consultations with the Governments and authorities concerned with a view to delimiting the frontiers in Palestine, taking into account the following general considerations, without excluding territorial settlement mutually acceptable to the parties;

(a) that there are important elements common to both the resolution of the General Assembly of 29 November 1947 and the Progress Report of the United Nations Mediator on Palestine;

(b) that certain modifications in the territorial arrangements of the General Assembly resolution of 29 November 1947 should be considered taking into account Part I, Section VIII, Paragraph 4 (b) of the Progress Report of the United Nations Mediator in so far as it may contribute to a peaceful adjustment of differences between the parties;

5. ENDORSES the recommendation contained in Paragraph (c) of the Mediator’s conclusions concerning the disposition of the territory of Palestine not included within the boundaries of the Jewish State or the City of Jerusalem, and INSTRUCTS the Conciliation Commission, in full consultation with the inhabitants of Arab Palestine, to assist the Governments of the Arab States concerned to arrange for the disposition of this territory in accordance with the aforesaid recommendation;

6. RESOLVES that the Holy Places, religious buildings and sites in Palestine should be protected and free access to them assured in accordance with existing rights and historical practice; that arrangements to this end should be under effective United Nations supervision; that the United Nations Conciliation Commission in presenting to the Fourth Regular Session of the General Assembly its detailed proposals for a permanent international regime for the territory of Jerusalem should include recommendations concerning the Holy Places in that territory; that with regard to the Holy Places in the rest of Palestine the Commission should consult with the political authorities of the areas concerned with a view to securing appropriate formal guarantees as to the protection of the Holy Places and access to them; and that these undertakings should be presented to the General Assembly for approval;

The City of Jerusalem shall be established as a corpus separatum under a special international regime and shall be administered by the United Nations.  The Trusteeship Council shall be designated to discharge the responsibilities of the Administering Authority on behalf of the United Nations;

The City of Jerusalem shall include the present municipality of Jerusalem plus the surrounding villages and towns, the most eastern of which shall be Abu Dis; the most southern, Bethlehem; the most western, Ein Karim (including also the built-up area of Motsa); and the most northern Shu’fat, as indicated on the attached sketch-map (annex B to resolution 181);

7. INSTRUCTS the Conciliation Commission to bring before the next regular meeting of the General Assembly a detailed statute of the City of Jerusalem which shall contain inter alia the substance of the provisions of Chapter C, Part III, of the resolution 181 of the General Assembly;

8. RESOLVES that unimpeded access to Jerusalem by road, rail, or air should be accorded to all inhabitants of Palestine by the Governments and authorities concerned and INSTRUCTS the Conciliation Commission to report immediately to the Security Council for appropriate action by that organ any attempt by any party to impair such access;

9. RECOMMENDS to the Security Council that after the frontiers have been established in accordance with this resolution the Security Council consider any attempt to alter these frontiers by force as a threat to the peace, breach of the peace, or act of aggression;

10. RESOLVES that the Arab refugees wishing to return to their homes and live at peace with their neighbors should be permitted to do so at the earliest possible date and that adequate compensation should be paid for the property of those choosing not to return; and INSTRUCTS the Conciliation Commission to facilitate the repatriation, resettlement, and economic and social rehabilitation of the Arab refugees and the payment of compensation;

11. AUTHORIZES the Conciliation Commission to appoint such subsidiary bodies and to employ such technical experts, acting under its authority, as it may find necessary to the effective discharge of its functions and responsibilities under this resolution;

12. INSTRUCTS the Conciliation Commission to render progress reports periodically to the Secretary-General for transmission to the Security Council and to Members of the United Nations;

13. CALLS UPON all Governments and authorities concerned to co-operate with the Conciliation Commission and to take all possible steps to assist in the implementation of this resolution;

14. REQUESTS the Secretary-General to provide the necessary staff and facilities and to make appropriate arrangements to provide the necessary funds required in carrying out the terms of this resolution.

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