Foreign Relations of the United States, 1948, The Near East, South Asia, and Africa, Volume V, Part 2

501.BB Palestine/4–848

Memorandum Prepared in the Department of State¹

confidential

[Washington,] April 2, 1948.

Draft Trusteeship Agreement for Palestine With the United Nations as the Administering Authority

preamble

Whereas the territory known as Palestine has been administered by His Britannic Majesty under a mandate confirmed by the Council of the League of Nations; and

Whereas Article 75 of the Charter of the United Nations, signed at San Francisco on 26 June 1945, provides for the establishment of an international trusteeship system for the administration and supervision of such territories as may be placed thereunder by subsequent individual agreements; and

Whereas under Article 77 of the said Charter the international trusteeship system may be applied to territories now held under Mandate; and

Whereas His Majesty accordingly has indicated his desire to place Palestine under the said international trusteeship system; and

Whereas the General Assembly has recommended that Palestine be provisionally administered under trusteeship, without prejudice to the rights, claims, or position of the parties concerned or to the character of the eventual political settlement; and

Whereas is accordance with Articles 75 and 77 of the said Charter, the placing of a territory under the international trusteeship system is to be effected by means of a Trusteeship Agreement;

Now Therefore the General Assembly of the United Nations hereby resolves to approve the following terms of trusteeship for Palestine.

Article 1

establishment of trusteeship

The territory of Palestine, delimited on the east by Transjordan, on the north by the Republics of Syria and Lebanon, on the west by the Mediterranean and on the south by the Sinai Province of Egypt is hereby placed under the trusteeship system established in the Charter of the United Nations.

Article 2

the administering authority

The United Nations, acting through the Trusteeship Council, is hereby designated as the Administering Authority for Palestine.

Article 3

powers of the administering authority

Subject to the terms of this Agreement, the Administering Authority shall have full powers of administration, legislation, and jurisdiction over Palestine which shall be exercised through the agency of the Government of Palestine as hereinafter provided.

Article 4

general objectives

1. The Administering Authority undertakes to administer Palestine in such a manner as to achieve the basic objectives of the international trusteeship system laid down in Article 76 of the Charter of the United Nations.

2. The administration will be conducted in such a manner as to encourage the maximum cooperation between the Jews and Arabs in Palestine leading to a form of self-government which will be acceptable to both communities.

Article 5

territorial integrity

1. The territorial integrity of Palestine and its status as defined in this Agreement shall be assured by the United Nations.

2. The Governor-General shall inform the Trusteeship Council of any situation relating to Palestine the continuance of which is likely to endanger the terriorial integrity of Palestine, or of any threat of aggression or act of aggression against Palestine, or of any other attempt to alter by force the status of Palestine as defined in this Agreement. If the Trusteeship Council is not in session and the Governor General considers that any of the foregoing contingencies is of such urgency as to require immediate action by the United Nations, he shall bring the matter, through the Secretary-General of the United Nations, to the immediate attention of the Security Council.

Article 6

preservation of order

The Governor-General shall be responsible for the organization and direction of the police forces necessary for the maintenance of internal law and order and for the protection throughout Palestine of the Holy Places, religious building, and sites.

Article 7

local defense and the maintenance of law and order

1. The Governor-General shall, in accordance with Article 84 of the Charter, organize a volunteer force to provide for local defense and for the maintenance of law and order within Palestine.

2. Until such time as the force provided for in paragraph 1 of this Article shall be able to function effectively, or if subsequent to such time a situation arises with respect to which the force requires assistance, the Governor-General shall call upon the Governments of _______________ to assist in the defense of Palestine or in the maintenance of law and order within Palestine.

Article 8

citizenship

Without prejudice to the provisions of legislation which may subsequently be enacted in Palestine, the following categories of persons shall be regarded as citizens of Palestine:

(1) Persons resident in Palestine on July 1, 1947, who were not on that date nationals of any state outside of Palestine;

(2) Persons resident in Palestine on July 1, 1947, who were nationals on that date of a state outside of Palestine, if they have filed with the Government of Palestine at any time before November 1, 1948 a declaration, in such form as may be provided by the Government of Palestine, that they renounce their former nationality in favor of Palestinian citizenship;

(3) Persons who have resided in Palestine for three months and who, while continuing to be residents of Palestine, file with the Government of Palestine a declaration that they renounce the nationality of any state outside of Palestine of which they may be nationals, and take an oath of allegiance to the Government of Palestine;

(4) Children of Palestinian citizens, wherever born [provided such children have not at birth or subsequently acquired the nationality of a state outside of Palestine²].

Article 9

fundamental human rights and freedoms

1. All persons in Palestine shall enjoy freedom of conscience and shall, subject only to the requirements of public order, public morals and public health, enjoy all other fundamental human rights and freedoms, including freedom of religion and worship, language, education, speech and press, assembly and association, and petition, including petition to the Trusteeship Council.

2. No discrimination of any kind on grounds of race, religion, language or sex shall be made against any person in Palestine.

3. All persons in Palestine shall be entitled to equal protection of the laws.

4. No person within Palestine may be arrested, detained, convicted, or punished except according to due process of law.

5. No person or property within Palestine shall be subject to search or seizure except according to due process of law.

6. The legislation of Palestine shall ensure that accused persons shall have adequate rights of defense.

7. The legislation of Palestine shall neither place nor recognize any restriction upon the free use by any person of any language in private intercourse, in religious matters, in commerce, in the press or in publications of any kind, or at public meetings.

8. Except as may be required for the maintenance of public order, good government and public health, no measure shall be taken to obstruct or interfere with the enterprise of religious or charitable bodies of all faiths. No measure shall be taken which discriminates on grounds of religion or nationality against any representative or member of such bodies.

9. The family law and personal status of the various persons and communities and their religious interests, including endowments, shall be respected.

Article 10

organs of government

1. During the trusteeship period, the Government of Palestine shall be composed of a Governor-General, a Cabinet responsible to the Legislature, a bicameral legislature, and a judiciary: Provided that, pending the coming into being of the Cabinet and Legislature and during such times as they may be dissolved or suspended, as provided in this Agreement, the Governor-General shall be assisted by an Advisory Council, which shall function until such time as in the opinion of the Governor-General the citizens of Palestine demonstrate their willingness to cooperate in a Cabinet and Legislature as provided in this Agreement or in any other form of government on which both Jewish and Arab communities have reached agreement.

2. The Advisory Council referred to above shall be composed of the permanent chiefs of the administrative departments of the Government and of representative Palestinian citizens appointed by the Governor-General from each community.

Article 11

selection and responsibility of the governor-general

The Governor-General of Palestine shall be appointed by the Trusteeship Council and shall be responsible to it.

Article 12

term of office of the governor-general

1. The term of office of the Governor-General shall be three years from the time of his appointment, provided that

(a) the Trusteeship Council may extend the term of office of the Governor-General in any particular case for such period as it may think fit;

(b) the Governor-General may resign his office upon due notice to the Trusteeship Council, and the Trusteeship Council may terminate his appointment for due cause at any time.

2. At the expiration of his term of office or extended term the Governor-General shall be eligible for reappointment.

Article 13

general powers of the governor-general

1. The Governor-General shall be the representative of the United Nations in Palestine.

2. The Governor-General, on behalf of the United Nations, shall exercise executive authority in Palestine and shall act as Chief Administrator thereof, subject only to the provisions of this Agreement and Instructions of the Trusteeship Council. He shall be responsible for ensuring the peace, order and good government of Palestine.

3. The Governor-General and his official and private property shall not in any way be subject to the jurisdiction of the Legislature or of the courts of Palestine.

Article 14

power of pardon and reprieve

The Governor-General may grant to any offender convicted of any offence in any court of Palestine a pardon, either free or conditioned, or any remission of the sentence passed on such offender, or any respite of the execution of such sentence, for such period as the Governor-General thinks fit, and may remit fines, penalties or forfeitures which may accrue or become payable to Palestine by virtue of the judgment of any court of Palestine or of the operation of any legislation of Palestine.

Article 15

governor-general’s emergency powers

1. If, in the opinion of the Governor-General, the administration of Palestine is being seriously obstructed or prevented by the non-cooperation or interference of persons or groups of persons in Pales-tine, the Governor-General during the period of the emergency shall take such measures and enact by order such legislation as he may deem necessary to restore the effective functioning of the administration, and such orders shall have effect notwithstanding anything to the contrary in any legislation in force in Palestine.

2. The circumstances in which the Governor-General may have exercised any power conferred upon him by this Article shall be reported to the Trusteeship Council as soon as may be practicable.

Article 16

organization of the administration

1. The Governor-General, after consultation with the Trusteeship Council, shall appoint a Chief Secretary to assist him in his duties. He shall be neither a citizen nor a resident of Palestine.

2. The Governor-General shall appoint an administrative staff, including an Attorney General, the members of which shall be selected on a non-discriminatory basis for their competence and integrity and, whenever practicable, from the residents of Palestine. Subject to any Instructions of the Trusteeship Council and to any legislation of Palestine, the appointments of members of the administrative staff may be terminated by the Governor-General at any time.

3. In the performance of their duties, the administrative staff shall not seek or receive any instructions from any government or authority other than the Government of Palestine.

Article 17

acting governor-general

If the office of Governor-General is vacant, or if the Governor-General is absent from Palestine or otherwise unable to exercise his powers or perform his duties, the officer holding substantively the appointment of Chief Secretary, or, if there is no such officer or he is absent from Palestine or unable to act, such person as may have been authorized to act in the circumstances by the Trusteeship Council, may exercise all the powers and perform all the duties of the Governor-General so long as the office of Governor-General is vacant or the Governor-General is absent from Palestine or otherwise unable to exercise his powers or perform his duties.

Article 18

disqualification from public office

A person shall be disqualified from holding any public office, central or local, in Palestine, including membership of the Advisory Council and of the Legislature, if he holds any office under any other State: Provided that the Governor-General may appoint to any public office in Palestine for a limited period any person seconded from the service of another State.

Article 19

the cabinet

1. The Cabinet shall be composed of Ministers selected by a Prime Minister, all of whom shall be appointed by the Governor-General. Each Minister shall, during his term of office, serve as head of one of the administrative departments. Under him shall be a permanent chief of the administrative department and permanent administrative staff appointed by the Governor-General.

2. The Cabinet shall be individually and collectively responsible to both chambers of the Legislature.

3. Upon a vote of no-confidence by either chamber of the Legislature, the Cabinet shall tender its resignation to the Governor-General who may then call upon responsible leaders in the Legislature to form a new Cabinet or may dissolve the Legislature and cause a general election to be held. The Cabinet shall also tender its resignation upon suspension or dissolution of the Legislature in accordance with the Agreement.

Article 20

legislature

1. The Legislature shall consist of two chambers.

2. The House of Representatives shall be composed of Palestinian citizens 25 years of age or older elected from single-member districts, each of which districts shall be a geographical unit with a population approximately equal in number to that of every other electoral district.

3. The Senate shall be composed of 30 Palestinian citizens 25 years of age or older elected in equal numbers by the registered members of the Arab and Jewish communities in Palestine. The Arab representation shall consist of Moslems and Christians in proportion to their numbers in the Arab population. [This paragraph requires further consideration.³]

4. Legislative provision may be made as to disqualification for election to or membership in either chamber of the Legislature resulting from loss of legal capacity.

5. Remuneration of members of both chambers of the Legislature shall be determined by legislation.

Article 21

elections to the legislature

1. The members of both chambers of the Legislature shall be elected by the citizens of Palestine 21 years of age and over, on the basis of universal suffrage and by secret ballot.

2. Legislative provision may be made as to disqualification from voting resulting from loss of legal capacity.

Article 22

duration of the legislature

1. The term of both chambers of the Legislature shall be three years from the date of its election unless earlier dissolved.

2. If, at the end of a three-year term of the Legislature, it is the opinion of the Governor-General that circumstances are inappropriate for the conduct of a general election, the Governor-General may temporarily prolong the term of the Legislature then in existence.

3. If, in the opinion of the Governor-General, the special objectives of this Agreement are being gravely imperilled by the conduct of either or both Houses of the Legislature, the Governor-General may temporarily suspend the Legislature as a whole and shall forthwith report the circumstances to the Trusteeship Council for instructions. The Trusteeship Council shall either instruct the Governor-General to revoke forthwith his order for the suspension of the Legislature, or maintain the suspension of the Legislature for such period as it may deem fit.

4. The Governor-General may at any time dissolve the Legislature. In the event of a dissolution, new elections shall be held as soon as circumstances are, in the opinion of the Governor-General, appropriate.

Article 23

legislation and resolutions

1. Bills and resolutions may be introduced in the Legislature by any member thereof.

2. The Governor-General, or a member of his staff designated by him, may make statements or answer questions before the Legislature or may introduce any bill or resolution and may participate without vote in the deliberations of the Legislature on the bill or resolution so introduced.

3. A bill adopted by the Legislature shall become law only upon approval and promulgation by the Governor-General except that on the expiration of thirty days after the transmission of a bill to the Governor-General, if he has by that time neither approved nor disapproved it, he shall promulgate it as a law. The Governor-General may disapprove a bill, if, in his opinion, it is in conflict with the provisions of this Agreement, or it would impede the administration of Palestine or inflict undue hardship on any section of the inhabitants, and he shall then inform the Legislature of the reasons for his disapproval.

Article 24

legislation by order of the governor-general

1. At any time when there is no Legislature for Palestine or the Legislature is suspended, the Governor-General may legislate by order and any such order shall become law.

2. If the Governor-General shall consider that it is essential to the normal functioning of the administration (which expression shall, without prejudice to its generality, include the obligations imposed by this Agreement and all matters pertaining to the creation or abolition of any public office or to the appointment, salary or other conditions of service of any public officer) that any bill or resolution introduced in the Legislature should have effect, and if the Legislature fail to adopt such a bill or resolution within such time and in such form as the Governor-General may think reasonable and expedient, the Governor-General may, at any time in his discretion, notwithstanding any other procedures for legislation set out in this Agreement or in the Standing Orders of the Legislature, declare that such bill or resolution shall have effect as if it had been adopted by the Legislature, either in the form in which it was so introduced or with such amendments as the Governor-General shall think fit which have been proposed in the Legislature. The said bill shall thereupon become law or the said resolution shall have effect.

3. The Governor-General shall forthwith report to the Trusteeship Council any action taken by him by virtue of this Article.

Article 25

standing orders of the house of representatives and the senate

1. Each chamber of the Legislature shall adopt such Standing Orders for the conduct of its business as it may deem appropriate, provided that the Trusteeship Council shall have the authority to revoke any such Order.

2. Each chamber shall elect a chairman from its own membership: Provided that if a chamber fails to elect a chairman within a period prescribed by the Governor-General, the Governor-General shall appoint the chairman.

3. The Governor-General shall convene the first session of each Legislature and may at any time convene an extraordinary session.

4. Subject to the provisions of Article 22 of this Agreement, subsequent sessions of the Legislature shall be convened annually on the first Monday of October.

5. The Governor-General may at any time prorogue or adjourn the Legislature.

6. Subject to the provisions of Article 22 of this Agreement, the Governor-General shall convene an extraordinary session of the Legislature upon the request of not less than a simple majority of the members of either chamber.

Article 26

immunity of members of the legislature

1. No member of the Legislature shall be liable to any judicial or administrative penalty, or be called to account in any other way outside the Legislature, by reason of anything which he may have uttered, or of any vote which he may have cast, in the course of his duties as a member of the Legislature.

2. No member of the Legislature shall be liable during the sessions of the Legislature to criminal, administrative or disciplinary proceedings, nor shall he be deprived of his liberty, without a two-thirds vote of the chamber of which he is a member: Provided that he may be apprehended in the act of committing a crime and detained if his detention is or becomes imperative in the interests of justice or in order to counteract the effects of such crime, but in any such case his apprehension shall be reported as soon as may be practicable to the Legislature and he shall be released without delay should the chamber of which he is a member so request.

Article 27

judicial system

1. There shall be established by legislation an independent judicial system for Palestine, including a Supreme Court and such subordinate and other courts as may be deemed appropriate. Such legislation shall establish the jurisdiction of the courts, and provide for their organization.

2. All persons within Palestine shall be subject to the jurisdiction of Palestine, subject to any immunity for which provision is made in this Agreement.

3. The Supreme Court shall consist of such number of Judges, not being less than three or more than five as the Trusteeship Council may determine, of whom one shall be President of the Supreme Court and shall be designated Chief Justice. They shall be appointed by, and their appointments shall be terminated only by, the Trusteeship Council.

4. Judicial personnel other than the Chief Justice and the Judges of the Supreme Court shall be appointed and may be suspended or dismissed by the Chief Justice with the approval of the Governor-General, in accordance with any procedure for which provision may be made in the Instructions of the Trusteeship Council.

5. The existing status and jurisdiction of religious courts in Palestine shall be respected. In the case of any conflict regarding jurisdiction between religious courts or between religious courts and civil courts, the Supreme Court shall be competent to decide in which court the jurisdiction shall lie.

6. Decisions by the Supreme Court shall be by a majority of its members: Provided that, if in any case the opinion of the Court be equally divided, the opinion of the Chief Justice shall prevail.

Article 28

constitutionality of legislation and official action

1. In cases brought before the Courts of Palestine this Agreement shall prevail over any legislation or official action. The Supreme Court shall have original and appellate jurisdiction in all cases involving claims that such legislation or action is incompatible with the provisions of this Agreement.

2. In any case in which the Supreme Court decides that any legislation or official action is incompatible with the provisions of this Agreement, such legislation or official action shall be void and of no effect.

Article 29

immigration

1. During the first two years of trusteeship, the immigration of Jewish displaced persons shall be permitted into Palestine. The selection and administration of the immigration of Jewish displaced persons to Palestine shall be conducted by the IRO, subject to the conditions of this Trusteeship Agreement and any regulations established thereunder by the Governor-General.

2. Thereafter, further immigration shall be without distinction between individuals as to religion or blood and shall be in accordance with the absorptive capacity of Palestine, as determined annually by the Governor-General: Provided that not more than persons shall be permitted to enter Palestine to establish permanent residence in any one year.

Article 30

access to Palestine

Subject only to the requirements of public order and security, and of public morals and public health, freedom of entry into and of temporary residence in Palestine shall be ensured to all foreign pilgrims and visitors without any distinction as to nationality or faith.

Article 31

land policy

1. The Governor-General shall establish and maintain a land system appropriate to the needs of Palestine, in which there shall be no limitation on the sale, purchase, lease or use of land which discriminates on grounds of race, nationality, community or creed. However, under the authority of the Governor-General, adequate measures shall be taken to assure protection for the interests of small owners or tenants in cases of transfer of arable or grazing lands.

2. The Governor-General shall appoint a commission of impartial experts, who shall be neither Arab nor Jew, to recommend the criteria upon which the land system described in paragraph 1 shall be based.

Article 32

educational system and cultural and benevolent institutions

1. Education in Palestine shall be directed to the full physical, intellectual, moral and spiritual development of the human personality, to the strengthening of respect for human rights and fundamental freedoms and to the combating of the spirit of intolerance and hatred against other nations or racial or religious groups.

2. There shall be maintained in Palestine an adequate system of primary and secondary education on an equitable basis for the Arab community and for the Jewish community in their respective languages and in accordance with their respective cultural traditions.

3. Subject to such educational requirements of a general nature as the legislation of Palestine may impose, the right of any community or of any specific group within any community, to maintain its own institutions for the education of its own members in its own language shall not be denied or impaired.

4. Foreign education establishments shall be permitted in accordance with the legislation of Palestine: Provided that existing rights shall continue unimpaired.

5. Educational and cultural establishments, charitable institutions and hospitals shall not be liable to any form of taxation from which they were exempt on the day preceding the termination of the Mandate.

Article 33

finance and budget

1. The legislation of Palestine shall govern, in accordance with principles laid down in this Agreement, the fiscal and credit policies of Palestine, including the operation of a system of currency, the establishment of a central bank, the conduct of international financial operations, the raising of funds through loans or taxation, the disbursement of such funds, and similar financial operations, the execution of which is not otherwise provided for in this Agreement.

2. The Governor-General shall be responsible for the preparation of the annual and supplementary budgets of Palestine, and only the Governor-General, or a member of his staff designated by him, shall introduce bills pertaining to budgets in the Legislature.

3. The expenses of government under this Agreement, except those incurred under paragraph 2, Article 7, and the salaries and emoluments of the Governor-General, Chief Secretary, and the Judges of the Supreme Court, shall be defrayed from the revenues of Palestine, provided that such funds as are deemed by the Governor-General and the Trusteeship Council essential to accomplish the provisions of this Agreement and which cannot be raised by the Government of Palestine, shall be provided by the United Nations, either through subsidies or through loans repayable from future revenues of Palestine. The salaries and emoluments of the aforementioned officials shall be borne by the United Nations.

4. Any subsidies or loans made by the United Nations under paragraph 3 of this Article shall be shared by the United Nations as a whole in the proportions according to which Members of the United Nations contribute to the budget of the United Nations at the time such subsidies or loans may be granted.

Article 34

local government

1. Existing local autonomous units and such new local autonomous units as may be created in Palestine shall enjoy wide powers of local government and administration in accordance with the legislation of Palestine.

2. The Governor-General shall be responsible for the organization of local government in Palestine in such a manner as to encourage the maximum cooperation between all elements of the local citizenry.

Article 35

external affairs

1. Subject to the provisions of this Agreement, and to any Instructions of the Trusteeship Council, the Governor-General shall conduct the external affairs of Palestine.

2. The Trusteeship Council, and the Governor-General to the extent that he is given general or special authority so to do by the Trusteeship Council, shall make arrangements by means of special international agreements or otherwise for the protection abroad of the interests of Palestine and of its citizens.

3. The Governor-General, on behalf of Palestine, may sign treaties which are consistent with this Agreement.

4. The Governor-General shall adhere on behalf of Palestine to the provisions of any international conventions and recommendations drawn up by the United Nations or by the specialized agencies referred to in Article 57 of the Charter of the United Nations which may be appropriate to the particular circumstances of Palestine.

5. Such international undertakings entered into by the Governor-General shall be subject to approval by the Trusteeship Council, unless the Trusteeship Council should decide otherwise in any particular case or class of cases. The Governor-General shall inform the Legislature when it is in session concerning such international undertakings.

6. To the extent that they may be applicable to it, Palestine shall be bound by all international undertakings, both general and special, to which it has become a party. Subject to any right of denunciation provided for therein, such international undertakings shall be respected by Palestine throughout the period for which they were concluded.

7. Foreign powers shall enjoy immunities in respect of their property within Palestine no less than those in force on the day preceding the termination of the Mandate.

Article 36

holy places, religious buildings and sites within the city

1. The protection of the Holy Places, religious buildings and sites within Palestine shall be assured by the United Nations and shall be the special concern of the Governor-General.

2. If any question arises as to whether any place, building or site not hitherto regarded as a Holy Place, religious building or site shall be a Holy Place, religious building or site for the purposes of this Agreement, the Governor-General shall decide. For the purpose of deciding any such question, the Governor-General may appoint a Committee of Enquiry to assist him.

3. If any dispute arises between any religious communities or within any religious community in connection with any Holy Place, religious building or site, the Governor-General shall decide on the basis of existing rights. For the purpose of deciding any such dispute the Governor-General may appoint a Committee of Enquiry to assist him. He may also, if he shall think fit, be assisted by a consultative council of representatives of different denominations acting in an advisory capacity.

4. A decision of the Governor-General under paragraphs 2 or 3 of this Article shall not be called in question in any court. No court shall have jurisdiction to determine any such question as is mentioned in the said paragraphs, and, if any such question shall arise in any proceeding in any court, the court shall refer the same to the Governor-General for decision.

5. If at any time it appears to the Governor-General that any Holy Place, religious building or site is in need of urgent repair, he may call upon the community or denomination or section of the community concerned to carry out such repair. If the repair is not carried out, or is not completed within a reasonable time, the Governor-General may himself carry out or complete the repair and his expenses of so doing shall be a charge on the revenues of Palestine but may be recovered from the community or denomination or section of the community concerned, subject to existing rights.

6. No form of taxation shall be levied in respect of any Holy Place, religious building or site which was exempt from taxation of that form on the day preceding the termination of the Mandate. No change in the incidence of any form of taxation shall be made which would either discriminate between the owners or occupiers of Holy Places, religious buildings and sites or would place such owners or occupiers in a position less favorable in relation to the general incidence of that form of taxation than existed on the day preceding the termination of the Mandate.

7. The Governor-General shall ensure by order that:

(a) decisions of the Governor-General under paragraphs 2 and 3 of this article are carried into effect and provision is made for the method of recovery of sums recoverable by virtue of paragraph 5 of this article;

(b) existing rights in respect of Holy Places, religious buildings and sites are not denied or impaired;

(c) subject always to the requirements of public order, decorum and public health, free access to the Holy Places, religious buildings and sites and free exercise of worship therein are secured in conformity with existing rights, and that, for this purpose, freedom of transit through Palestine shall be ensured to all foreign pilgrims and visitors without any distinction as to nationality;

(d) the Holy Places, religious buildings and sites are preserved;

(e) no act is committed which may in any way impair the sacred character of the Holy Places, religious buildings or sites; and

(f) generally that the provisions of this Article are carried into effect.

8. An order under paragraph 7 of this Article may contain penal provisions.

9. An order under paragraph 7 of this Article shall have effect notwithstanding anything to the contrary in any legislation enacted in Palestine.

10. The Governor-General shall transmit a copy of every order made under paragraph 7 of this article to the Trusteeship Council as soon as practicable and the Trusteeship Council may give such Instructions to the Governor-General in relation thereto as it may think fit.

Article 37

protection of antiquities

The legislation of Palestine shall provide for the protection of the antiquities of Palestine.

Article 38

equal treatment

1. In accordance with the provisions of Article 76 of the Charter of the United Nations and subject to the provisions of Article 39 of this Agreement, the Trusteeship Council, acting through the Governor-General, shall take all necessary steps to ensure equal treatment in social, economic, industrial and commercial matters for all Members of the United Nations and their nationals and to this end:

(a) shall ensure the same rights to all nationals of Members of the United Nations in respect of entry into and residence in Palestine, freedom of transit and navigation, including freedom of transit and navigation by air, acquisition of property both movable and immovable, the protection of person and property, and the exercise of professions and trades;

(b) shall not discriminate on grounds of nationality against nationals of any Member of the United Nations in matters relating to the grant of concessions for the development of the natural resources of Palestine, and shall not grant concessions having the character of a general monopoly;

(c) shall ensure equal treatment in the administration of justice to the nationals of all Members of the United Nations.

2. The rights conferred by this Article on nationals of Members of the United Nations apply equally to companies and associations controlled by such nationals and organized in accordance with the law of any Member of the United Nations.

Article 39

public services and monopolies

Measures taken to give effect to Article 38 of this Agreement shall be subject always to the over-riding duty of the Administering Authority in accordance with Article 76 of the United Nations Charter to promote the political, economic, social and educational advancement of the inhabitants of Palestine, to carry out the other basic objectives of the international trusteeship system, and to maintain peace, order and good government. The Trusteeship Council, acting through the Governor-General, shall in particular be free:

(a) to organize essential public services and works on such terms and conditions as are considered just;

(b) to create monopolies of a purely fiscal character in order to provide Palestine with the fiscal resources which seem best suited to local requirements, or otherwise to serve the interests of the inhabitants of Palestine;

(c) where the interests of the economic advancement of the inhabitants of Palestine may require it, to establish or permit to be established, for specific purposes, other monopolies or undertakings having in them an element of monopoly, under conditions of proper public control; provided that, in the selection of agencies to carry out the purposes’ of this paragraph, other than agencies controlled by the Government or those in which the Government participates, there shall be no discrimination on grounds of nationality against Members of the United Nations or their nationals.

Article 40

reciprocity

Nothing in this Agreement shall entitle any Member of the United Nations to claim for itself or for its nationals, companies and associations the benefits of Article 38 of this Agreement in any respect in which it does not give to the inhabitants, companies and associations of Palestine equality of treatment with the nationals, companies and associations of the state which it treats most favorably.

Article 41

cooperation with international bodies

The Trusteeship Council may arrange for the cooperation of Palestine in any regional advisory commission, regional technical organization or other voluntary association of states, any specialized international bodies, public or private, or other forms of international activity not inconsistent with the Charter of the United Nations.

Article 42

collaboration with the general assembly and the trusteeship council

1. The Governor-General shall collaborate fully with the General Assembly of the United Nations and the Trusteeship Council in the discharge of all their functions as defined in Article 87 of the Charter of the United Nations, and to facilitate any periodic visits to Palestine which they may deem necessary.

2. The Governor-General shall make to the Trusteeship Council of the United Nations an annual report on the basis of a questionnaire drawn up by the Trusteeship Council in accordance with Article 88 of the Charter of the United Nations. The Governor-General shall also submit such special reports as may be requested by the Trusteeship Council. Such reports shall include information concerning the measures taken to give effect to suggestions and recommendations of the General Assembly and the Trusteeship Council. The Governor-General shall designate an accredited representative to be present at the sessions of the Trusteeship Council at which the reports with regard to Palestine are considered.

Article 43

amendments

The terms of this Agreement may be altered or amended in accordance with the Charter of the United Nations.

Article 44

settlement of disputes

If any dispute whatever should arise between Members of the United Nations concerning the validity, interpretation, or application of provisions of the present Agreement, such dispute, if it cannot be settled by negotiation or other means, may be submitted, by any party, to the International Court of Justice for decision, pursuant to Chapter XIV of the Charter of the United Nations and the Statute of the International Court of Justice. The decision of the Court shall be binding upon all parties to the dispute.

Article 45

entry into force

1. The present Agreement shall come into force upon approval by the General Assembly, acting by a two-thirds majority of the Members present and voting, [and by the Governments of the Administering Authority in accordance with their respective constitutional processes.⁴]

2. The governance of Palestine shall be based solely upon the Charter of the United Nations, the terms of the present Agreement, and measures pursuant thereto.

Article 46

transitional measures

1. As a transitional measure during the period immediately following the entry into force of this Agreement and prior to such time as the Government of Palestine envisaged in this Agreement can be fully established, the Governor-General may utilize, conformably with the terms of the present Agreement, such governmental machinery as the Mandatory Power may, through prior agreement, leave in existence. During this period the Governor-General shall be empowered to act in accordance with paragraph 1, Article 24 of this Agreement.

2. All legislation in force in Palestine on the day preceding the entry into force of this Agreement, in so far as it is not inconsistent with the provisions of this Agreement, shall continue to apply to Palestine, with such modifications as may be required by reason of the entry into force of this Agreement, until such time as it may be amended or revoked by other legislation of Palestine.

Article 47

termination of trusteeship

1. In order to enable the inhabitants of Palestine to attain full self-government as soon as possible, it shall be the responsibility of the Governor-General to take all possible steps to bring about agreement between the leading citizens of both Palestinian Jewish and Arab communities upon a plan of government for Palestine, and when such a plan has been agreed upon, to arrange and conduct a plebiscite, under the supervision of the Administering Authority, to determine the acceptability of such plan to the people of Palestine.

2. Any plan which is approved by a majority of the registered members of both the Arab and Jewish communities of Palestine shall be submitted to the General Assembly for its approval.

3. This Trusteeship Agreement will terminate as soon as the General Assembly has approved a plan of government in accordance with paragraph 2 above and a government [or governments⁵] has [or have⁵] been established thereunder.⁶

1. Copies transmitted under instructions to officers in charge of missions at London, Paris, Baghdad, Beirut, Cairo, Damascus, Jerusalem, and Jidda on April 8 with the directive that they were “to be held without communication to anyone other than selected members of your office pending further telegraphic instruction from the Department”
2. Bracketed portion as in the source text.
3. Bracketed portion as in the source text.
4. Bracketed portion as in the source text.
5. Bracketed portion as in the source text.
5. Bracketed portion as in the source text.
6. Ambassador Austin presented the draft trusteeship agreement, with minor changes, to the First Committee on April 20; see editorial note, p. 835.