95. Memorandum From Secretary of State Rusk to President Kennedy0

SUBJECT

  • The Johnson Plan and Consideration for the Forthcoming General Assembly Debate

Since other items on the United Nations Special Political Committee agenda have been disposed of more quickly than expected, we have at most only a week or ten days before debate commences on the future of UNRWA. This will inevitably include discussion of broader aspects of the refugee problem, particularly the actions (Johnson mission) taken by the Palestine Conciliation Commission in response to the specific directives of the last three Assemblies.

Following a middle ground tactical approach generally similar to that employed successfully last year, we wish to use this forthcoming debate to advance the extremely valuable work which has been done. The first task will be to use our influence with Israel to move its position away from its private (but incipient public) opposition and into parallel with the objection-but-no-rejection stance of the Arabs. In exchange for this shift, we would agree that the general elements of the Johnson approach should from now on be carried forward by the PCC rather than continue with the Johnson label. This metamorphosis should help Israel off the horns of the dilemma on which it finds itself by virtue of the [Page 212] opposition it has generated to the Johnson Plan per se. It will also help deal with Arab objections.

The enclosed “Analysis of Current Situation and Proposed Actions” describes the present state of play and our planned actions designed to utilize the coming debate to greatest advantage.

Dean Rusk1

Enclosure2

ANALYSIS OF CURRENT SITUATION AND PLANNED ACTIONS

Present Situation

With authorization of the PCC members, Dr. Johnson took up his proposals in confidence with the parties in early September. Predictably, there were objections on both sides resulting from the fact that neither found in the proposals a reflection of all its demands. The reactions differed, however. The Arabs assured Dr. Johnson that despite their objections they did not reject his proposals. Israel both objected and rejected. At one point, Israel came dangerously close to public statement of this, but retreated when it was brought to understand that such action would leave it bearing the full onus of responsibility for resisting progress. Thereafter, with the objective of keeping the plan in play until we could have a somewhat freer hand, we induced Israel to sit down with us for a more patient examination of elements essential to any realistic approach to solution. The specific balance sheet of where we now stand with each of the parties is as follows:

(A)

With the Arabs: The Arabs have not been cohesive on this. The UAR’s break with the Arab League has been reflected in its refusal to join in intra-Arab discussion of Johnson’s proposals. UAR representatives have been dubious about the viability of Johnson’s ideas and, particularly, Israel’s willingness to take back any refugees. But in accord with the generally unperturbed, wait-and-see attitude Nasser displayed when we told him about the proposals before they were floated, UAR representatives have been passive and non-obstructionist.

[Page 213]

Of the three Eastern Arab states which have been reacting in consultation with one another, Syria came very close at one point to jumping the traces in a public statement of apparent rejection by Prime Minister al-Azm. Subsequently, Jordan and Lebanon induced it to back away from the brink and Syria joined with these states in submitting to Dr. Johnson on October 15 a Note Verbale. This said that further discussion of Johnson’s proposals would be of no avail unless Israel accepted in principle the refugee “right” of return. However, the Note avoided rejection, and from some of the Arabs we received signals that this stance was to some extent for public consumption. Unfortunately, this same domestic concern spilled over into one or or two defiant public utterances by Arab leaders, but their position of record remains as submitted to Dr. Johnson in the Note Verbale, and no Arab action taken thus far, either public or private, would conclusively preclude acquiescence in the Johnson approach, particularly if a way can be found to show that this derives from the principle of refugee choice that the Arabs insist be honored.

(B)

With the Israelis: In four detailed talks between Assistant Secretary Talbot and Ambassador Harman over the last month,3 agreement has been reached on a dozen or so “building blocks” as essential to any attempt at solution. These cover such factors as (1) The need to tackle this problem, which is getting worse not better, separated out from the issue of a general peace; (2) The improbability of a negotiated settlement in view of the insistence by each party that the other make the first concession; (3) Unavoidably, we are seeking progress within a UN framework which establishes the principle that the true wishes of the individual refugee, when confronted with a real choice without outside pressure, must be ascertained but this process must have effective controls; (4) There must be full recognition of sovereignty, security and the economic rights and interests of the parties; and (5) The only fair and realistic solution lies in resettlement of most of the refugees. (A full listing of these is included in the Annex to this paper.)

In our talks with Harman, we have sought to demonstrate the extent to which these are realistically embodied in Johnson’s approach. We have tried, also, to show that this approach is fully consistent with the broad lines of the President’s May 1961 conversation with Ben-Gurion.

We have been partially successful in getting the Israelis to agree to these propositions. However, we have run again and again into Israeli insistences which would in effect preclude any progress, inter alia, (1) that the Arabs must recognize in advance that no more than one refugee [Page 214] in every ten can return to Israel;4 (2) that Israel opposes any operation for free expression of refugee preference; (3) that the Arabs must cease all hostile propaganda; and (4) that in any case our talks bear no relation to the Johnson Plan, which they consider dead. In rejoinder, we have made it clear that we do not regard the Johnson proposals as dead and that we think there is significance and hope in the fact that Israel has been unwilling to translate into public rejection its initial, precipitate private opposition and continued vigorous lobbying against Johnson’s proposals. We have stressed, also, that Johnson is a free agent and were Israel’s attitude to oblige him to report that it had rejected his proposals without even the courtesy of careful scrutiny, while the Arabs have not rejected, Israel would have to bear sole responsibility for its appearance of intransigence and resultant isolation in the eyes of an international community which has overwhelmingly endorsed this endeavor.

While Ambassador Harman has so far stuck to his hard line that the Johnson proposals are dead, we continue to receive indications at other levels which lead us to believe that, if Israel cannot get us to drop the Johnson approach, under appropriate circumstances and with some firmer assurances on specific points of concern, it might be prepared to make a deal. (Our willingness to drop the Johnson label will go a long way to smooth the path for Israel.) Obviously, Israel’s first objective remains the burial of Johnson’s approach or in fact any approach involving repatriation and there is no chance of its being persuaded to deal in serious terms unless our firmness persuades it that we cannot be diverted.

As we see the present situation, our leverage to induce acquiescence in a procedure following the general lines suggested by Dr. Johnson is at a high point. Both parties are highly sensitive as to what Dr. Johnson might report; both parties urge us to come up with an innocuous PCC annual report; both would like to slither through the debate with no result except an extension of UNRWA financed by the US; both hold in reserve (or may intend to introduce) resolutions designed to put the other at disadvantage (Arabs—appointment of a custodian of refugee properties in Israel and PCC reconstitution, Israel—direct peace negotiations); both threaten public rejection if the debate is carried on in such way as to place additional pressure on them to go along with what Dr. Johnson proposes; and both hold out the lure of leisurely constructive talks on the refugee problem following this year’s debate if only we will refrain from rocking the boat. Both sides, in short, alternately threaten [Page 215] and cajole in an effort to persuade us not to use the debate as a means of advancing this effort. Our problem is that if we do not so use it, our cumulative leverage will be dissipated and the parties, finding the heat off, will go back to the starting line.

Our Specific Objectives:

Our tactical objectives in and before the forthcoming debate are to:

(1)
Shift gears from a ”Johnson Plan” to a ”PCC approach” without losing momentum on the valid principles for any solution of the refugee problem which Dr. Johnson has identified.
(2)
Create generalized international support for the proposition that the broad lines of the ”PCC approach” are realistic, equitable, consistent with previous UN directives, and in the interests of the refugees, the parties, and Near East stability; and that the PCC should carry on further consultations with the parties in an effort to move forward along these lines.
(3)
If possible, avoid having the specifics of the PCC approach subjected to debate.
(4)
Avoid building up so much pressure that one or other of the parties feels it must publicly come out in opposition.
(5)
Prevent introduction of unproductive partisan resolutions, if possible, or at minimum prevent their adoption.
(6)
Provide for a modest (presumably one year) extension of UNRWA; i.e., from June 30, 1963 to June 30, 1964.
(7)
Incorporate objectives (2) and (6) in a resolution as simple and non-controversial as possible, and win broad support for such a resolution.

Planned Courses of Action:

A.

Our first critical hurdle is to move the Israeli position into parallel with that of the Arabs; i.e., to persuade them to “clarify” their reply to Dr. Johnson and inform him that despite such-and-such objections and apprehensions, they do not entirely reject, under appropriate circumstances, the possibility of cooperation in a PCC operation along these general lines.

A fifth meeting between Messrs. Talbot and Harman is to take place November 13 or 14.5 To bring about the desired shift, we plan to talk firmly in terms of: (1) our belief in the merits of Dr. Johnson’s general approach; (2) our inability to prevent his reporting the parties’ reactions as he understands these; (3) the dangers of exposure and isolation which Israel will incur, on its own responsibility, if it translates its initially [Page 216] expressed opposition into public rejection; (4) the contradiction in terms apparent in Israel’s statement that it shares our desire for progress and its insistence on prior Arab agreement to conditions (a repatriation ceiling and a cessation of propaganda) of a nature which could not be accepted, which are unmatched by parallel prior Israeli concession to the Arab demand for a recognition in principle of the “right” of return, and which would therefore preclude any progress; and (5) the problems for our relationship with Israel which would inevitably arise if it disdains this very earnest effort to remove a festering sore that precludes Israel’s acceptance by the Arabs, particularly when we had gone to such lengths recently to create an atmosphere in which Israel could take this step in confidence and safety.

At the same time, we propose to facilitate this desired shift on Israel’s part by assuring Ambassador Harman at this fifth meeting that (1) we would seek to dissuade Dr. Johnson from including in his final report any mention of Israel’s peremptory first response and virtual refusal to discuss his proposals; (2) we would take the lead in bringing about a metamorphosis of the Johnson proposals so that their ingredients would be retained but they would drop the Johnson label and become a PCC approach (our willingness to do this is one of our strongest bargaining counters); (3) we will not press for a “do or die” resolution on implementation of the proposals, but rather a palatable directive to the PCC to seek through continued consultation with the parties initiation of a PCC operation consonant with the broad principles charted; (4) if Israel wishes, we would be willing to put in writing the background assurances we have so far given orally, in exchange for firm Israel assurances of cooperation in an operation consistent with the “building blocks” which our recent talks with Israel have identified; and (5) we would undertake to tell Nasser, and other selected Arabs of our choice, of what we see as the probable numerical result of this operation, in terms of repatriation-resettlement.

B.
If the Israeli position can be moved, we would urge Dr. Johnson to make an appropriately brief report to the PCC, noting (1) the essential elements of his approach to a solution; (2) the parties’ concerns as expressed to him; (3) his judgment as to how these concerns are met by the elements of his approach; (4) his gratification that despite the grave doubts recorded neither party had entirely precluded the possibility of acquiescing in an approach of the general nature suggested; and (5) his belief that it would be worthwhile for the PCC to consider favorably the merits of seeking, in further consultation with the parties, progress by a process along these general lines.
C.
The third hurdle is the required annual PCC-to-Secretary-General report. The Turks and French have caught the above-all-don’t-rock-the-boat line being urged by the Arabs and Israelis, and their backs will need strong diplomatic stiffening if we are to win their assent in the sort [Page 217] of report we would hope to see. This (1) would be brief, (2) would commend Dr. Johnson and refer to the elements he had identified in his report as being a very valuable contribution to progress on this problem pursuant to Paragraph 11 of Resolution 194, and (3) would state the intention of the PCC to carry on further consultations with the parties in an effort to move forward along these lines.
D.
The nature of the simple resolution we would be enabled to introduce in the Special Political Committee, if these previous steps had gone smoothly, has been described. We believe such a resolution would command overwhelming support, as did ours of last year. The result would be to give renewed and more sharply focused impetus to the PCC effort, without having brought such great pressure to bear as to have impelled a rejection by either of the parties.

Annex6

PRINCIPLES

1.
The refugee problem is becoming more acute, not less so. Progress on it is in the interests of Israel and the United States, and exploration of the possibilities, separated out from the general problem of Arab-Israel peace, is worthwhile.
2.
Realistically, progress is dependent upon a solution containing concurrent elements of repatriation, resettlement with compensation in the Arab states, and resettlement with compensation elsewhere.
3.
Since the “legislative” framework within which any solution now proposed should be placed is Resolution 194, the true wishes of the individual refugee, when confronted with a real choice, without external pressures, should be ascertained.
4.
Israel is not prepared to meet the Arab request that it recognize in advance the alleged “right” in principle under Paragraph 11 of every refugee who so opts to be repatriated; the Arabs are not prepared to meet the Israel request that they recognize in advance that the only solution lies in resettlement of most of the refugees. Therefore, a negotiated settlement does not appear feasible.
5.
While there should be some repatriation, the only practical solution lies in resettlement of most of the refugees.
6.
The process by which refugee preferences are obtained should have effective safeguards and controls.
7.
Recognition of the sovereign rights of the parties is essential.
8.
There should be due concern for the security interests of each of the parties.
9.
There should be due concern for the economic and financial burdens which progress will entail.
10.
There should be a realistic definition of simultaneity as applied to the process of repatriation and resettlement.
11.
Israel recognizes an obligation to pay compensation to resettled refugees.
12.
In accord with their sovereign rights to determine the admissibility of individuals, governments should be assured that there is provision for their appropriate screening in any process for movement of the refugees.
  1. Source: Department of State, Central Files, 325.84/11–1262. Secret; Limit Distribution. An attached note from Talbot to Secretary Rusk indicates that certain unspecified changes had been made in the memorandum and its attachment in response to directives given by Rusk on November 11.
  2. Printed from a copy that indicates Rusk signed the original.
  3. Secret; Limit Distribution. Drafted by Crawford.
  4. The memoranda of conversation among Talbot, Harman, and other U.S. and Israeli officials held on October 12, October 22, November 1, and November 9 are in Department of State, Central Files, 325.84/10-1262, 611.84A/10-2262, 325.84/11–162, and 611.84A/11–962, respectively. The memorandum of the October 12 conversation is in the Supplement, the compilation on the Arab-Israeli dispute.
  5. On November 13, the Israeli Knesset adopted by a vote of 63 to 11 with 13 abstentions a resolution reconfirming a position previously adopted in November 1961 that Arab refugees should not be returned to Israel and that the solution to the problem was resettlement of the refugees in Arab countries. (Reported in telegram 413 from Tel Aviv, November 14; Department of State, Central Files, 325.84/11–1462)
  6. Recorded in a memorandum of conversation of November 14. (Ibid., 325.84/11–1462)
  7. Confidential.