See also: Addendum.1 (annexes, maps)
See also: other UNSCOP documents
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I. THE ORIGIN AND ACTIVITIES OF UNSCOP
B. Summary of activities of the Special Committee
B. Relevant economic factors
C. Palestine under the Mandate
D. The conflicting claims
IV. THE MAIN PROPOSALS PROPOUNDED FOR THE SOLUTION OF THE PALESTINE QUESTION
Main proposals of Commissions and British Government plans prior to the creation of the Committee
Section A. Recommendations approved unanimously
Section B. Recommendations approved by a substantial majority
B. Transitional period and constitution
D. Economic Union
F. Admission to membership in the United Nations
G. A commentary on partition
Part II. Boundaries
Part III. City of Jerusalem
VII. RECOMMENDATIONS (III)
Federal State plan
Justification of the federal state solution
I. The independent State of Palestine
II. Outline of the structure and required provisions in the constitutions of Palestine
III. Boundaries of the Arab and Jewish States in the independent State of Palestine
V. The Holy Places, religious interests and Jerusalem
C. Irrevocability of provisions
VII. Jewish immigration into Palestine
VIII. RESERVATIONS AND OBSERVATIONS
The United Nations Special Committee on Palestine (UNSCOP) has completed its task within the limited period of three months fixed by the General Assembly. This has entailed great pressure of work. Every effort has been made to avoid, as far as possible, unforgivable errors and lacunae. It may, however, be foreseen that defects will be discovered by those who have been studying the Palestine question for years.
The problem of Palestine is not one the solution of which will emerge from an accumulation of detailed information. If such had been the case, the problem would have been solved long ago. Few countries have been the subject of so many general or detailed inquiries-official and unofficial-especially during the last decade. The problem is mainly one of human relationship and political rights. Its solution may be reached only through a correct appreciation of the situation as a whole and an endeavour to find a human settlement. In this respect, the opinions of members of an international committee who represent various civilizations and schools of thought and have approached the question from different angles may be of some value.
While a majority and a minority plan are proposed for the settlement of the Palestine question, it must be noticed that both plans are derived from findings and principles most of which have been agreed to unanimously.
Such unanimity may assist the General Assembly in solving a question whose complexity and numerous aspects-some of them fraught with so much human tragedy- have frustrated all previous efforts to achieve a solution.
The factual information presented in the first four chapters is intended to illustrate the various phases of the Committee’s work and to serve as a background to the problem with which it dealt.
Chapter I describes the origin and constitution of the Special Committee and summarizes its activities as Lake Success, Jerusalem, Beirut and Geneva.
Chapter II analyses the basic geographic, demographic and economic factors, and reviews the history of Palestine under the Mandate. The Jewish and Arab claims are also set forth and appraised.
Chapter III deals with the particular aspect of Palestine as the Holy Land sacred to three world religions.
Chapter IV Consists of an analysis and recapitulation of the most important solutions put forward prior to the creation of he Committee or presented to it in oral or written evidence.
The following three chapters (V, VI, VII) contain the recommendations and proposals which are the main result of the work of the Committee during its three months of activity.
In Chapter V, eleven unanimous recommendations on general principles are put forward. A further recommendation of a similar nature, which was adopted with two dissenting votes, is also recorded.
Chapter VI and VII contain respectively a majority plan and a minority plan for the future government of Palestine, including provisions for boundaries.
The final chapter provides a list of the reservations and observations by certain representatives on a number of specific points. The text of these reservations and observations will be found in the appendix to the report.
1/ For text of letter, see Annex 1.
2/ Texts of communications in Annex 2.
3/ See Official Records of the first special session of the General Assembly, volume II, page 12.
4/ See Official Records of the first special session of the General Assembly, volume II, page 81.
5/ Ibid., volume I, 70th meeting, page 23; 71st meeting, pages 59-60.
6/ See Resolutions adopted by the General Assembly during its first special session resolution 104 (S-1) , page 6.
7/ See Official Records of the first special session of the General Assembly, volume III, page 10).
8/ See Resolutions adopted by the General Assembly during its first special session, resolution 105 (S-1), page 6,
9/ See Official Records of the first special session of the General Assembly, volume 111. Jewish Agency, 50th meeting pages 108ff.; 52nd meeting, pages 178tt.; 54th meeting. pages 251 ft; 55th meeting, page* 27Sff. Arab Higher Committee, 52nd meeting, pages 189ff.; 55th meeting, pages 266ff.
10/ See Official Records of the first special session of the General Assembly, volume II, page 4.
11/ Ibid., volume III, pages I83ff.
12/ Ibid., volume III, pages 265ff.
13/ Ibid., volume III, pages 345ff.
14/ Ibid., volume III, pages 361ff
15/ Ibid., volume I, page 77. (voting against: Afghanistan, Egypt, Iraq, Lebanon, Saudi Arabia, Syria, Turkey; abstaining, Siam).
16/ Volume I, "Reference Library on Palestine" (document A/AC.13/1, 82 pages);
Volume II, "Principal Documents of Governments and Recognized Agencies Suggesting Solutions of the Palestine Question, and Reactions thereto," (document A/AC.13/2, S56 pages);
Volume III, "General Background Survey" (document A/AC.13/3, 294 pages).
The following two volumes were later added to this documentation and distributed at Geneva:.
Volume IV, "Tabulated Summary of Material contained in the Written and Oral Statements submitted to the Special Committee on Palestine before their Departure from Jerusalem," (document A/AC.13/69, 221 pages);
Volume V, "Index to Records of the first special session of the General Assembly," (document A/AC.l3/74, 60 pages).
17/ Annex 3.
18/ Annex 5.
19/ Annex 6.
20/ Annex 8.
21/ For text of the Sub-Committee Report, see document A/AC.13/SC.2/5. Decisions of the Committee regarding oral hearings are summarized in document A/AC.13/27.
22/ Second, third, and fourth reports of Sub-Committee', documents A/AC.13/SC.2/7, 9, and 10, respectively.
23/ The hearings in Jerusalem comprise sixteen meetings, thirteen of which were public and three private. The records of the public meetings are contained in a separate volume which is Annex A to this report. In addition, the volume includes: (a) an index to the hearings on chronological order, (b) a Hat. in alphabetical order of Governments, organizations and religious bodies heard; (c) a list of individual witness in alphabetical order, and (d) an index, by subject, to the testimony received.
24/ Text of letters reproduced as documents A/AC.13/48 and A/AC.13/55.
25/ Text of letters reproduced as documents A/AC.13/49 and 56 (Egypt). A/AC.13/50 (Iraq). A/AC.13/51 (Lebanon), A/AC.13/58 (Syria) and A/AC.13/62 (Saudi Arabia).
26/ Text of letter reproduced as document A/AC.13/52.
27/ For a list of these written statements, in the alphabetical order of their sponsors, together with a brief description of each, see Annex 9.
28/ Text of communications reproduced as documents A/AC.13/NC.25 and A/AC.15/NC43.
29/ Annex 10.
30/ Annex 11.
31/ 4 See page
32/ Annex 12.
33/ Annex 13.
34/ Annex 14.
35/ Annex 15.
36/ Annex 16.
37/ Annex 17.
38/ The verbatim record of this meeting is published in me separate volume which is Annex A to this report.
39/ Annex 18.
40/ A Survey of Palestine prepared for the Anglo-American Committee by the Government of Palestine. Volume 1, page 103.
41/ From the memorandum on the water resources of Palestine prepared by the Government of Palestine, page 10
42/The 1931 census revealed that there were 66,000 nomadic Bedouins; today they are estimated to number 90,000. Little is known demographically about the people and no account is taken of them in the statistics of this chapter, which deal only with the settled population.
43/ All the statistical material on population is extracted from A Survey of Palestine, volume III, section I, and from the supplement to A Survey of Palestine.
44/ This high natural rate of increase has excited some comment. Prior to 1918, the male population of Palestine was subject to conscription for the Turkish army, and the discontinuance of this practice is sometimes advanced in explanation of the rapid increase in the Arab population since then. It seems probable that the true rate of natural increase is, however, lower than the observed rate owing to an influx into Palestine of young Arab women. As reproduction rates are related to the age-sex composition of the population, according to the census of 1931 the effect is to over-estimate the reproduction rates in the case of the Moslem population. Between 1942 and 1945, owing to the effect of food rationing, there was a tendency to understate deaths and overstate births.
45/ The expression is borrowed from the Government of Palestine's A Survey of Palestine, volume III, page 1272.
46/ A Survey of Palestine, volume I, page 327.
47/ The Committee visited the settlement of Reviving In this area, and inspected a reservoir constructed to conserve 50,000 cubic metres of rainwater.
48/ Palestine pounds.
49/ A Survey of Palestine, volume I, page 511. Ibid,, volume I, page 509.
50/ A Survey of Palestine, volume I, page 462 and supplementary volume, page 41.
51/ Much of the Jewish capital imported into Palestine is In ^ the nature of a free gift, and consequently involves neither interest-nor amortization charges. To the extent that gift capital is part of the capita} imports in the structure of the balance of payments, it will not require an increase of exports in the future to meet debt charges.
52/ Government of Palestine, official index. Idem., volume IIL section 15,
53/ Idem, volume III, section 15,
54/ Annex 19.
55/ The question of the Holy Places is dealt with in Chapter III.
56/ For text see R.. H. Drayton (ed.): The Laws of Palestine, volume III, pages 2569ff.
57/ Palestine (Amendment) Order-in-Council, 1923, article °- Subsequent references are also to this article.
58/ These are Jerusalem, Lydda (headquarters Jaffa). Haifa, Gaza, Samaria (headquarters Nablus) and Galilee (headquarters Nazareth).
59/ Of the thirty-nine present assistant district commissioners, one is an Arab and one is a Jew. (See document A/AC.13/SR.6/Rev. 1, page 9: Hearing of the representatives of the Palestine Government.)
60/ Ibid., page 9.
61/ Permanent Mandates Commission: Minutes of the 23nd (Extraordinary} Session, page 229.
62/ Cmd. (Command Paper) 5513.
63/ Palestine Royal Commission: Report, chapter II.
64/ bid., chapter II, paragraph 20.
65/ Cmd. 1700.
66/ E.g.. White Paper of 1939: "His Majesty's Government adhere to this interpretation of the Declaration of 1917 and regard it as an authoritative and comprehensive description of the character of the Jewish National Home in Palestine." (Cmd. 6019, paragraph 6.)
67/ Op. cit.. Chapter II, paragraph 39.
68/ Permanent Mandates Commission, Minutes of the 17th (Extraordinary) Session, page 145.
69/ Palestine Royal Commission: Report, chapter II, paragraph 42(4).
70/ Parliamentary Debates—volume 547, number 108 23 May 19S9), Columns 2177-2189.
71/ Op. cit.. Chapter V, paragraph 2.
72/ Estimate for June 1947 given in Government of Palestine: Memorandum on the Administration of Palestine under the Mandate, paragraph 16.
73/ A minority of orthodox Jews, mainly belonging to Agudath Israel, are by their own wish not included in the community register.
74/Officially recognized and granted the right to receive revenue from the local community rate to maintain social services and for other communal purposes under the Jewish community regulations (1928).
75/ In 1945 the total expenditure in Jewish social services was more than six and a half million pounds, of which over 82 per cent came from the Jewish community, 5 per cent from the Government and the remainder from out-side sources. See Vaad Leumi: The Jewish Community and Its Social Services, page 11.
76/ They include, e.g., the moderate Aliya Hadasha (New Immigration Party), the left-wing Socialist Hashomer Hatzair, and the Communist Party of Palestine. Although not a political party, the Ihud (Union) organization, led by Dr. J. L. Magnes, President of the Hebrew University, Jerusalem, also differs from Zionist policy in advocating a bi-national Palestine State.
77/ An appropriate Jewish Agency shall be recognized as a public body for the purpose of advising and cooperating with the Administration of Palestine in such economic, social and other matters as may affect the establishment of the Jewish National Home and the interests of the Jewish population in Palestine, and, subject always to the control of the Administration, to assist and take part in the development of the country. The Zionist Organization, so long as its organization • and constitution are in the opinion of the Mandatory, appropriate, shall be recognized as such agency. It shall take steps in consultation with His Britannic Majesty's Government to secure the cooperation of all Jews who are willing to assist in the establishment of the Jewish National Home." Following agreement between Zionist and non-Zionist Jews at the Zionist Congress in 1929, an enlarged Jewish Agency was formed; it was recognized in 1930 by the mandatory Power as the "public body" referred to in article 4.
78/ Palestine Royal Commission, op. cit; chapter V, paragraph 17.
79/ Replaced in 1930 by the Jewish Agency as the "public body" provided for in article 4 of the mandate.
80/ E.g., Permanent Mandates Commission: Minutes of the 17th Session (June 1930), page 142.
81/ For an analysis of the 1936 disturbances, see Palestine Royal Commission: op. cit.. chapter IV. Some 4,000 lives were lost and approximately one million pounds damage to property incurred as a result of the Arab revolt of 1936-1939.
82/ Op. cit, chapter X, paragraph 77.
83/ Cmd. 6019.
84/ On 10 November 1943, the Secretary of State for the Colonies announced in the House of Commons that since the war had prevented entry of more than 43,922 legal and illegal immigrants up to SO September 1943, His Majesty's Government would permit the balance of some 31,000 persons to enter Palestine if necessary after the closing date of 31 March 1944, "subject to the criterion of economic absorptive capacity."
85/ Cmd. 6019, paragraph 12.
86/ Cmd. 6180.
87/ Zone A: About 4.1 million acres (63 per cent of the total area), mainly the hill country and land in the south in the Gaza-Beersheba area. Transfer of land to Jews by Palestinian Arabs was prohibited, but by persons other than Palestinian Arabs transfers might in some cases be permitted.
88/ Zone B: About 2 million acres (32 per cent of the total area), comprising the valley around Lake Huleh and the Sea of Calilee area, the valley of Esdraelon, the Negeb and certain areas in the coastal plain south of Jaffa and south of Haifa. Land purchase by Jews was restricted in this area, requiring the sanction of the Palestine Government.
89/ Permanent Mandates Commission: Minutes of 36th Session, pages 274-275. The report was not considered of the Council of the League owing to the outbreak of the Second World War in September 1939.
90/ See paragraphs 109-110.
91/ Text reproduced In Jewish Agency for Palestine (New York): Book of Documents submitted to the General Assembly of the United Nations. May 1947, pages 140 ff. The letter was submitted as a representation to the Permanent Mandates Commission at its 36th session.
92/ Since April 1939, the estimated number is 30,000 to 38,000 (Government of Palestine: Supplement to A Survey of Palestine, page 23). Immigration since 1 October 1944 has been permitted at the rate of 1,500 monthly.
93/ The defence force of the Jewish community: an illegal organization under Palestine law. See Government of Palestine: Supplement to A Survey of Palestine, page 85. Cf. also the resolution of the Inner Zionist Council meeting in Jerusalem 29 October 1946 which denounced "bloodshed by groups of terrorists who defy national discipline and thereby place themselves outside the ranks of the Jewish Community" and called on the Yishuv to isolate and withhold any support of such groups. (Government of Palestine: Supplementary Memorandum, page 21.)
94/ Op. cit., chapter X, paragraph 95.
96/ See chapter IV.
97/ The terms of the Mandate (preamble and article 6) are "non-Jewish communities" and "other sections of the population." The Arab community alone is discussed here; special interests of the Christian community are dealt with in chapter III.
98/ Permanent Mandates Commission: Minutes of 36th Session, page 97 and Cmd. 5964 (1939).
99/ The Arab view of the Mandate is discussed in chapter II D.
100/ Government of Palestine, Memorandum on the Ad-ministration of Palestine under the Mandate, page 10, paragraph 23.
101/ From 1920 to 1946, apart from maintenance of the British armed forces in Palestine which is a charge on the United Kingdom Government, total Administration expenditure on the maintenance of law and order in Palestine was approximately 36 per cent of all Government expenditure (other than that resulting from Palestine's participation in the Second World War). See Government of Palestine: A Survey of Palestine, volume II, page 608.
102/ There was a 39 per cent decrease between 1927 and 1944 (taking figures of deaths per 1,000 survivors during the first five years of life). See Government of Palestine: A Survey of Palestine, volume II. pages 708-709.
102/ Government of Palestine: Memorandum on the Ad ministration of Palestine; under the Mandate, page 11 paragraph 24.
103/ Op. cit., chapter 16, paragraphs 12-17.
104/ Op. cit., chapter 5, paragraph 24.
105/ Op. cit., page,12, paragraph 25.
106/ Plural of Waqt: Moslem benevolent or religious endowment.
107/ Moslem-religious courts.
108/ Op. cit., chapter 5, paragraph S9.
209/ Between representatives of the Palestine Arab Party (led by Jamal Eff. el Husseini, kinsman and follower of the Mufti of Jerusalem, Haj Amin Eff. el Husseini) and those of the National Defence Party under the leadership of Ragheb Bey Nashashibi and inclined towards more moderate polices at the time.
110/ Appointed Mufti of Jerusalem in 1921 and President of the Supreme Moslem Council in 1922.
111/ Government of Palestine: Supplementary Memorandum, page .13.
112/ For evidence submitted to the Committee regarding political
opposition to the Husseini party see, inter alia, document A/AC.13/PV. 32, pages 31 to 47.
113/ Cmd. 1700.
114/ The council's work became increasingly deadlocked by political dissension. In 1945, after failure to settle the question of the mayoralty, the Administration announced the appointment in place of the council of a commission composed solely of officials.
115/ Entered into force January 1934.
116 Five officials, two representatives of commerce, eleven Moslems (eight elected and three nominated), seven Jews (three elected and four nominated) and three Christians (one elected and two nominated).
117/ Statement by the Jewish Agency on the White Paper of 1939. Text reproduced in the Jewish Agency tor Palestine: Book of Documents, pages 137-138.
118/ Formed in December 1934 by Ragheb Bey Nashashibi.
119/ League of Nations Official Journal (Special Supplement 194): Records of the 20th (conclusion) and 21st ordinary sessions of the Assembly, page 28.
120/ Ibid., page 38.
121/ Anglo-American Committee of Inquiry: Report to the United States Government and His Majesty's Government of the United Kingdom, chapter 1, recommendations 3 and 4.
123/ Neither the Jewish Agency, nor the Palestinian Arabs in the first instance, accepted invitations and the conference was attended by representatives of the Arab States only, together with the Secretary General of the Arab League.
124/ See Cmd.7044, pages 9-11.
125/ The so-called Bevto Plan. See Cmd. 7044, pages 11 to 14.
126/ Document A/AC.13/2, page 356.
127/ Ibids., pages 347-351. "See Annex 1.
128/ Authorized under -the Palestine (Defence) Order in Council of 1937, which empowered the High Commissioner to make regulations in the interests of public security during the period of Arab terrorism 1936-1939. See Government of Palestine: The Defence (Emergency) Regulations, 1945 (as amended until 2 March 1947).
129/ The sentences of Military Courts are subject to confirmation by the General Officer Commanding, to whom petition for reconsideration of sentence may be made.
130/ A total of 492 had been detained for eleven months (approximate average period), 33 for twelve months, 4 tor six months, and 291 (at present in Gilgil "Camp, Kenya) for twenty-one months. See document
131/ A/AC:13/-NC.77: Communication from the Government of Palestine On Detentions.
132/ 15,864 in Cyprus under the Cyprus Detention (Illegal Immigrants) Law, 1946.
133/ Government of Palestine: Supplementary Memorandum/pay 56, paragraph 3.
143/ See document A/AC.13/SR.57, pages 1-2. Document A/AC.13/P.V.38, page 10.
135/ Ibid., page 12.
136/ For text, see Government of Palestine: A Survey of Palestine, volume I. pages 84-85.
137/ Document A/AC.13/P.V.39, page 17.
138/ Palestine Prefs Reviews, 8 July 1947,
139/ Concluded in January 1919 between Amir Feisal, son of King Hussein, and Dr. Weizmann, then President of the Zionist Organization.
140/ See Palestine Royal Commission: op. cit., chapter 3,
paragraphs 66-68, for evidence of the persistence of this view.
141/ For evidence submitted to the Committee in this respect, see documents A/AC. 13/P.V. 30 and A/AC. 13/P.V. 32, particularly pages 48 to 59.
142/ "Zionism strives to create for the Jewish people a Home in Palestine secured by public law."
143/ British White Paper, Cmd. 1700; see relevant extracts above, paragraph 77.
144/ Later to be mentioned in recital 3 of the Mandate.
145/ The Mandate was confirmed on 24 July 1922.
146/ The relevant resolution runs as follows: "The Executive of the Zionist Organization, having taken note of the statement relative to British Policy in Palestine, transmitted to them by he Colonial Office, under date June 3rd, 1922, assured His Majesty's Government that the activities of the Zionist Organization will be conducted in conformity with the policy therein set forth". (Cmd. 1700, 1922, pages 28-29).
147/ Annex 21.
148/ Cmd. 5974.
149/ Ibid., paragraph 17.
150/ Sir H. McMahon's letter of 24 October 1918.
151/ Cmd. 5974, paragraph 17.
152/ Ibid., paragraph 18.
153/ Ibid., paragraph 22.
154/ Cmd. 5479, page 28.
155/ Third Year Book of the League of Nations, by Charles H. Levermore, 1922, page 137.
156/ See paragraph 5 of Resolution No. 106 (S-1), reproduced in Chapter I, paragraph 18.
157/ Report of the High Commissioner on the Administration of Palestine (1920-1925). London, 1925 (Colonial No. 15), page 48.
158/ "Report of the Commission appointed by His Majesty's Government in the Untied Kingdom of Great Britain and Northern Ireland, with the approval of the Council of the League of Nations, to determine the rights and claims of Moslems and Jews In connection with the Western or Wailing Wall at Jerusalem; December, 1950." London, 1931, page 34. (The Commission was constituted as follows: M. E. Lofgren (Sweden), M. Charles Barde (Switzerland), M. C. J. van Kempen (Netherlands).
159/ Moslem benevolent or religious endowments.
160/ 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."
161/ 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".
162/ A number of members of the Committee held the view that, at the end of the ten-year period, the parties should be free to terminate the Treaty without the interference of the General Assembly.
163/ A number of members of the Committee proposed to add here: "Thereafter modifications may be made by agreement of the two States but no such modification shall remove from the Treaty any of the objectives of the Economic Union without the assent of the General Assembly of the United Nations."
164/ According to the Government of Palestine, the total Jewish population in July 1947 was 625,000. In addition there may be a number of illegal unregistered immigrants not included in this total.
165/ Palestine pounds.
166/ See Volume II.