Palestine question – Questions to Palestine Commission – Press release

UNITED NATIONS

Department of Public Information

Press and Publications Bureau

Lake Success, New York

Press Release PAL/145

12 March 1948

PALESTINE COMMISSION'S ANSWERS TO QUESTIONS

OF FOUR PERMANENT MEMBERS OF SECURITY COUNCIL

On 11 March the four permanent members of the Security Council (China, France, USSR, United States) who are at present engaged in consultations on the Palestine question pursuant to the resolution of the Council of 5 March, addressed a list of ten questions to the United Nations Palestine Commission.

The Palestine Commission discussed these questions at its meeting of the same day and unanimously approved the answers to these questions.

The questions put by the four permanent members of the Security Council and the answers approved by the Palestine Commission are as follows:

Question 1

Has the Palestine Commission found sufficient acceptance of the partition plan on the part of

(a) the Jews of Palestine;

(b) the Arabs of Palestine; and

(c) the Mandatory Power,

to afford a basis for its peaceful implementation?

Answer to Question 1

The answer is no.

As pointed out in its two reports to the Security Council,

(a) the Jews of Palestine generally accept the plan of partition,

(b) the Arabs of Palestine generally oppose it and the Arab Higher Committee has refused to have anything to do with the Commission; and

(c) the Mandatory Power declines any action which might be interpreted as involving implementation of the Plan.

For these reasons the Commission reported to the Security Council that it could not discharge its responsibilities on the termination of the Mandate without the assistance of an adequate non-Palestinian armed force for the preservation of law and order.

Question 2

Is the Palestine Commission in a position to suggest possible modifications in either the substance or the procedures of the partition plan which might offer a basis for agreement among the people of Palestine?

Answer to Question 2

By the terms of the resolution of the General Assembly on the Future Government of Palestine, the Commission has been charged exclusively with responsibility, under the guidance of the Security Council, for putting into effect the recommendations of the General Assembly as set forth in the Plan of Partition with Economic Union.  The Commission has operated strictly with these terms of reference and is not, therefore, in a position "to suggest any possible modifications in either the substance or the procedures of the partition plan which might offer a basis for agreement among the people of Palestine".

Question 3

If no agreement has thus far been obtained on the partition plan between the Jews and Arabs of Palestine, what are the specific points at issue in such disagreement?

Answer to Question 3

Although the Commission has had no official communication from Arabs on the matter, the Commission is well aware that the basis Arab disagreement can be found in their objection to the establishment of a Jewish State in Palestine and to the continuation of Jewish immigration there.

Question 4

Does the Palestine Commission consider it possible to implement the plan by peaceful means as a whole or in substantial part?

Answer to Question 4

The Palestine Commission does not consider it possible to implement the Plan by peaceful means either as a whole or in substantial part so long as the existing vigorous Arab resistance to partition persists.

Question 5

Has the Palestine Commission held further discussions with the Mandatory Power regarding piece-meal relinquishment of the Mandate and if so, what were the results? (Page 9 of the First Monthly Report)

Answer to Question 5

The Commission has held further discussions with the Mandatory Power regarding piece-meal relinquishment of the Mandate and the results are the same as stated in the First Monthly Report, namely that the Mandatory Power firstly intends to retain undivided control in Palestine until the date of the termination of the Mandate (i.e. 15 May 1948).

Question 6

Has the Palestine Commission held further discussions with the Mandatory Power regarding the date of arrival of the Commission in Palestine, and, if so, what were the results? ( Page 9 of the First Monthly Report)

Answer to Question 6

The Commission has held further discussions with the Mandatory Power regarding the date of arrival of the Commission in Palestine, and has received the following reply to a specific question:

"His Majesty's Government in the United Kingdom would not regard favourably any proposal by the Commission to proceed to Palestine earlier than two weeks before the date of the termination of the Mandate."

Question 7

Has the Palestine Commission taken steps regarding the establishment of Government in the proposed Jewish and Arab States?

Answer to Question 7

The Palestine Commission has given consideration to and has taken steps regarding the establishment by 1 April 1948 of Provisional Councils of Government in the proposed Jewish and Arab States?  With regard to the proposed Jewish State, it has sent communications of inquiry with regard to the consultations with "democratic parties and other public organizations" envisaged in para. 4, Section B, Part 1 of the Plan.  It has also discussed the matter with the Mandatory Power.  On this subject the Commission has reached the following conclusions and will communicate these conclusions to the Security Council in its second monthly report:

a. That the attitude of the Arab Higher Committee and Arab resistance in Palestine preclude any possibility of selecting a Provisional Council of Government for the proposed Arab State by lst of April.

b. That while the Commission can take and has in fact taken some preliminary steps toward the selection of the Provisional Council of Government for the proposed Jewish State, that Provisional Council will not be able to "carry out its function", in the sense of the Plan, prior to the termination of the Mandate.

c. The position of the Mandatory Power as indicated in the reply to a question of the Commission set forth below, precludes any possibility of fulfilling by 1 April Part 1, B, 4 of the Plan as regards either the Arab or the Jewish State.

The Commission had inquired:

"In what manner is the Mandatory Power, prior to the termination of the Mandate, prepared to facilitate the work of the Commission respecting measures it must take to establish the Provisional Councils of Government."

The Mandatory  Power replied as follows:

"Subject to its overriding responsibility for the maintenance of law and order the Mandatory Power would not impede any preliminary steps taken by the Commission with this object in view although such Councils could not exercise any authority prior to the date of the termination of the Mandate.

Question 8

Has the Palestine Commission made any progress in its discussions with the Mandatory Power on economic matters referred to on page 13 of the Commission's First Monthly Report?

Answer to Question 8

No final agreements have yet been reached on economic matters in negotiations between the Commission and the Mandatory Power.  Nevertheless progress has been made towards agreement in some respect.

A serious and urgent matter now being negotiated with the Mandatory Power concerns the import of essential food products to Palestine after 15 May.  The Commission has had representatives in London studying this problem with British officials and has now made specific proposals for the United Kingdom to import bread cereals and sugar under existing machinery to supply essential needs at least until 30 June.  In view of the fact that a serious shortage will arise in Palestine after 15 May if supplies of bread cereals are not obtained immediately, the Mandatory Power has been asked to give a reply within a few days.

Preliminary discussions have begun with the Mandatory Power regarding the liquidation of assets.

The Mandatory Power excluded Palestine from the sterling area as from 22 February and blocked Palestinian sterling balances held in London.  This action was taken without the prior knowledge of the Commission.  The consequences of this action are still under consideration by the Commission and will be the subject of direct negotiations with the Government of the United Kingdom.   The Commission has agreed to appoint immediately an observer to the Palestine Currency Board to serve in that capacity until 15 May.

No progress has yet been made regarding the problems of communications services, and the maintenance of fiscal continuity.  To a considerable extent these problems call for close collaboration with local administrations.

Question 9

What are the minimum conditions which are requisite to the Administration of the City of Jerusalem by the United Nations?

Answer to Question 9

The administration of the City of Jerusalem by the United Nations is possible if the plan of partition with economic union is generally accepted by the Arab and Jewish communities of Palestine and peacefully implemented:

a) Jerusalem, as City with a mixed population, cannot be in peace if there is no peace between the two main communities.

b) The City being an enclave in Arab territory, depends for its essential supplies and its communication with the outside world on the goodwill of its neighbours.  Its water supply, its electricity supply, its food supply, depend on the good-will both of the proposed Arab and Jewish States.

c) The economy and finances of the City depend on the successful application or the plan with Economic Union.  The City cannot be economically viable without Economic Union.

Question 10

Assuming that a possibility for the peaceful implementation of partition plan develops, does the Palestine Commission consider that the transfer of authority from the Mandatory Power to the successor government can be effected by the Palestine Commission without additional provision for funds or administrative machinery by the United Nations?

Answer to Question 10

It is not possible to give an unequivocal answer to this question.  Even assuming a peaceful implementation of the Plan as formulated by the General Assembly, the Palestine Commission, to which authority will be handed over by the Mandatory Power, will require, prior to the termination of the Mandate, a working fund in order to undertake indispensable commitments.  This fund could be acquired as a loan against future Palestinian revenues of the Economic Union.  Moreover, the proposed arrangements for the City of Jerusalem, as envisaged in the Draft Statute formulated by the Trusteeship Council, will involve a continuing charge against the budget of the United Nations.

The fact that the transfer of administrative functions cannot be undertaken gradually and begun well before the relinquishment of authority by the Mandatory Power increases the amount of the working fund which would be required from outside sources during the transitional period.  Such a working fund should be clearly distinguished from the funds voted by the Assembly for the work of the Commission.  The amount voted by the Assembly is for the expenses of the Commission and not for the administration of Palestine.

Addition to Answer to Question 10

As regards administrative machinery, the gap created by the departure of British staff in key posts and the probable refusal of Arab personnel in minor posts to serve under the Commission will create great difficulties. New personnel will have to be provided and the their recruitment during the interim period, especially in the joint services, would be a responsibility of the Commission.  The cost of maintenance of such personnel will be a charge on Palestine revenues.

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