IO Files, A/AC.25

Preliminary Draft Declaration by the Committee on Jerusalem of the United Nations Conciliation Commission for Palestine

restricted

Com.Jer./W.29

Declaration Concerning the Holt Places, Religious Buildings and Sites in Palestine Outside the Jerusalem Area

In implementation of paragraph 7 of the resolution of the General Assembly of the United Nations of 11 December 1948, the Government of _____________ formally undertakes by the following provisions to guarantee the protection of and free access to the Holy Places, religious buildings and sites in Palestine situated in its territory:

1.
Freedom of conscience and the free exercise of all forms of worship shall be guaranteed, subject to the maintenance of public order.
2.
The Holy Places, religious buildings and sites _________ shall be preserved and their sacred character protected. No act of a nature to profane that sacred character, such as the construction of buildings in an unsuitable proximity shall be permitted.
3.
Rights existing on 15 May 1948 concerning the Holy Places, religious buildings and sites shall not be impaired.
4.
The Government of _______ undertakes to guarantee freedom of access, of visa and of transit to ministers and pilgrims of the Christian, [Page 1253] Jewish and Moslem religions, without distinction as to nationality, subject only to considerations of national security and to the maintenance of public order.
5.

No form of taxation shall be levied in respect of any Holy Place, religious building or site which was exempt from such taxation on 15 May 1948.

No change in the incidence of any form of taxation shall be made which would either discriminate between the owners and occupiers of Holy Places, religious buildings and sites or would place such owners and occupiers in a position less favourable in relation to the general incidence of that form of taxation than existed on 15 May 1948.

6.
The provisions of Articles 1 to 5 shall be under the effective supervision of the administrative and judicial authorities of the United Nations in Jerusalem, in conformity with the relevant provisions of the Instrument establishing a permanent international regime for the Jerusalem area. The Government of _______ undertakes to cooperate actively with the United Nations Commissioner in this task and to take special account, in regard to the granting of entry and exit visas and residence permits in its territory to ministers and pilgrims of the Christian, Jewish and Moslem religions, of the recommendations addressed to it by the United Nations Commissioner. The Government of _________ furthermore undertakes to grant the latter the privileges and facilities necessary for the performance of his functions.