Foreign Relations of the United States, 1947, The Near East and Africa, Volume V

IO Files: US/A/AC.14/123

Memorandum Prepared in the United States Mission at the United Nations

top secret

[New York,] October 24, 1947.

Draft Proposed Detailed Position Regarding Majority Plan ¹

recommendations

A. Partition and independence

1. Palestine within its present borders, following transitional period of two years from 1 September 1947, shall be constituted on July 1, 1948 into an independent Arab State, an independent Jewish State, and the City of Jerusalem, the boundaries of which are respectively described in Parts II and III below.

2. Independence shall fee granted to each State upon its request only after it has adopted a constitution complying with the provisions of section B, paragraph 4 below, has made to the United Nations a declaration containing certain guarantees, and has signed a treaty creating the Economic Union of Palestine and establishing a system of Collaboration between the two States and the City of Jerusalem.

B. Transitional Period and constitution

Steps Preparatory to Independence

1. During the transitional period, the present mandatory Power shall:

(a.) Carry on the administration of the territory of Palestine until July 1 1948, under the auspices of the United Nations and on such conditions and under such supervision as may fee agreed upon between the United Kingdom and the United Nations, and if so desired with the assistance of one or more Members of the United Nations;

(b.) Take such preparatory steps as may be necessary for the execution of the scheme recommended;

(c.) Carry out the following measures:

1. Admit Jewish immigrants at the present monthly rate 150,000² [at] a uniform monthly rate, 30,000 of whom are to be admitted on humanitarian grounds. Should the transitional period continue for more than two years, Jewish immigration shall be allowed at the rate of 60,000 per year. The responsibility the selection and care of Jewish immigrants and for the organizing of Jewish immigration during the transitional period shall be placed in the Jewish Agency.

2. The restrictions introduced by land regulations issued by the Palestinian Administration under the authority of the Palestine (Amendment) Order in Council of 25 May 1939 shall not apply to the transfer of land within the borders of the proposed Jewish State.

2. The law [sic] shall appoint a Commission, headed by a High Commissioner, to act as its agent for the purpose of facilitating the transition to independence.

2.3. Prior to March 1, 1948 Constituent assemblies shall be elected by the populations of the areas which are to comprise the Arab and Jewish States, respectively. The electoral provisions shall be prescribed by the Power administering the territory. the mandatory power. Qualified voters for each State for this election shall be persons over twenty 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, having 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.

• 3. During the transitional period, 4. Prior to July 1, 1948, 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 Administration.
• 4. 5. The constituent assemblies shall draw up the constitutions of the States, which shall embody chapters 1 and 2 of the Declaration provided for in C. below, and include inter alia, provisions for:

  (a) 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.

  (b) 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.

  (c) 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 purposes of the United Nations.

  (d) 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 religious worship, language, speech and publication, education, assembly and association.

  (e) Preserving freedom of transit and visit for all residents and citizens of the other State in Palestine and the City of Jerusalem, subject to security considerations of national security; provided that each State shall control residence within its borders.

  (f) Recognize the rights of the Governor of the City of Jerusalem to determine whether the provisions of the constitution of the States in relation to Holy Places, religious buildings and sites within the borders of the States and the religious rights appertaining thereto are being properly applied and respected, and to make decisions in cases of disputes which may arise with respect to such Holy Places, buildings and sites; also accord to him full co-operation and such privileges and immunities as are necessary for the exercise of his functions in those States.

• 5. 6. The constituent assembly in each State shall appoint elect a provisional government empowered to make the Declaration and sign the Treaty of Economic Union the undertaking provided for in C, and D. below.
• On making the Declaration and signing the Treaty of Economic Union by either State, and upon approval fey the General Assembly of the United Nations of such instruments as feeing in compliance with these recommendations, its independence as a sovereign State shall be recognized.
• If only one State fulfills the foregoing conditions, that fact shal forthwith be communicated to the United Nations for such action by its General Assembly as it may deem proper. Pending such action, the regime of Economic Union as recommended shall apply.

C. Declaration

A Declaration shall be made to the United Nations by the Provisional Government of each proposed State before the interim administration is brought to an end. It shall contain inter alia the following clauses:

General Provisions

The 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 1

Holy Places, Religious Buildings and Sites

1. Existing rights in respect of Holy Places and religious buildings or sites shall not be denied or impaired.

2. 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.

3. 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 Government that any particular Holy Place, religious building or site is in need of urgent repair, the Government shall 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 communities concerned if no action is taken within a reasonable time.

4. 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.

5. 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 in cases of disputes which may arise with respect to such Places, buildings, and sites. He shall receive full cooperation and such privileges and immunities as are necessary for the exercise of his functions in the State.

Chapter 2

Religious and Minority Rights

• 1. 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.
• 2. No discrimination of any kind shall be made between the inhabitants on the ground of race, religion or language.
• 3. All persons within the jurisdiction of the State shall be entitled to equal protection of the laws.
• 2. 4. The family law and personal status of the various minorities and their religious interests, including endowments, shall be respected.
• 3. 5. 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 eleemosynary bodies of any faith or to discriminate against any representative or member of them on the ground of his religion or nationality.
• 4. 6. 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.
• 5. 7. 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.^*
• 6. 8. No expropriation of land owned by an Arab in the Jewish State (by a Jew in the Arab State)^† ^‡ shall be allowed except for public purposes unless the land, suitable for agricultural purposes, has remained uncultivated and unused for not less than one year after written notice of utilization thereof has been given; and upon an order made by the Supreme Court of the respective State approving the expropriation on the grounds of absence of sufficient reasons for the non-utilization thereof. In all cases of expropriation full compensation as fixed by the Supreme Court, shall be paid previous to dispossession.

1. The portions underscored with double lines are in the nature of additions to an earlier draft; the portions set in canceled type are intended for deletion. The earlier draft may be Annex A, referred to in the Department’s memorandum of September 30, p. 1166.
2. Apparently “150,000” should precede the word “immigrants”.
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.” [Footnote in the source text.]
4. In the Declaration of the Arab State the word “Arab” should be replaced by the word “Jewish”. [Footnote in the source text.]
5. 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”. [Footnote in the source text.]