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U N I T E D N A T I O N S

General Assembly
Distr.
RESTRICTED

A/AC.21/W.5
10 January 1948

ENGLISH ONLY



UNITED NATIONS PALESTINE COMMISSION

Considerations Affecting Certain of the Provisions of the
General Assembly
Resolution on the “Future Government of
Palestine”: Establishment by the Commission of Arab and
Jewish Provisional Councils of Government.

(Working Paper Prepared by the Secretariat)


1. The first sub-paragraph of paragraph B.4 of Part I of the Plan adopted by the General Assembly roads as follows: 2. Three points are stressed in this subparagraph: first, the Commission is instructed to consult with democratic parties and public organizations; second, the urgency of setting up the Provisional Councils of Government is emphasized; third, it is made clear that the Councils are to function under the supervision of the Commission.

3. The relationship of the Commission with the Provisional Councils of Government is dealt with in Working Paper A/AC.21/W.6. The necessity of setting them up speedily is self-evident and needs no elaboration. The present section, therefore, deals exclusively with the first point: preliminary consultation by the Commission of democratic parties and public organizations in both the future States.

4. The Commission itself will naturally decide how best to implement this provision of the Plan. It would seem, however, useful to indicate the method followed by UNSCOP during its work in Palestine.

5. UNSCOP established direct contact with most of the Jewish organizations listed in this section and gave hearings to bodies representing the large majority of them. It dealt principally, however, with the Jewish Agency for Palestine, which has a special position as the representative body of the Jewish people, both in Palestine and elsewhere. The representative position of the Jewish Agency is made clear in the Mandate and was re-emphasized by the United Kingdom Delegate to the Special Session of the General Assembly where the Jewish Agency was officially recognized as representing the Jews of Palestine. It was reiterated by the Vaad Leumi which assured the General Assembly in a cable that the “sole representative of the Palestine Jewish Community vis-a-vis the United Nations is the Executive of the Jewish Agency”. UNSCOP recognized this special position by giving the Jewish Agency the exclusive right among Jewish bodies in Palestine to appoint permanent liaison officers to assist the Special Committee in its work. In regard to Arab Palestine, since the Arab Higher Committee is the body which has been officially recognized by the United Nations as representing the Arabs of Palestine, a similar invitation was extended to it to appoint liaison officers, The invitation was, however, refused Since the Arab Higher Committee had decided that UNSCOP should be boycotted by the Arab population of Palestine.

6. The following notes outline the scope and character of organized bodies which the Commission might wish to consult with a view to setting up provisional councils of government in the Arab and Jewish States, The notes are divided into two parts, Jewish bodies and Arab bodies.


A. Jewish Bodies

7. The two principal bodies in Jewish Palestine are the Jewish Agency for Palestine and the Vaad Leumi (General Council of the Elected Assembly of the Jewish Community in Palestine). These two bodies are the spokesmen for all the Jewish “democratic parties and public organizations” of any political importance in Palestine and for its Jewish community in general.

8. It may be asked why, since the Jewish Agency is the body which officially represents Jewish Palestine and, as indicated above, is recognized as such by the Vaad Leumi itself, the Commission should consider consulting with the Vaad Leumi as well as with the Jewish Agency for the purpose of setting up a provisional council of government. It should be borne in mind, however, that the Vaad Leumi represents the Jews of Palestine on the widest basis and exclusively, whereas the Jewish Agency represents Zionist Jews throughout the world in addition to those in Palestine. Further, that since the Vaad Leumi is the executive body of a community that is organized and recognized as a religious community, it will be able to speak and act as an intermediary before the Commission for organized Judaism in Palestine. Thirdly, as mentioned above, the Vaad Leumi and not the Jewish Agency has under the present regime been responsible for the actual administration, as regards the Jewish population, in certain important fields such as health and education.

9. Dr. Chaim Weizmann, formerly President of the Jewish Agency, occupies a unique position in the Zionist world, and his advice on the subject of the setting up of a provisional council of government in the Jewish State would undoubtedly be helpful to the Commission. His present relationship to the Jewish Agency is difficult to define; he appeared before UNSCOP, for instance, as an individual, whereas he was heard by the Ad Hoc Committee on the Palestinian Question as a spokesman for the Jewish Agency. Although he is wholehearted in his support of partition, on certain issues, notably in his friendly attitude to the British, he differs somewhat from the general outlook and policy of the Jewish Agency, and on the question of the establishment of a provisional council of government, his views may not necessarily be the same as those which the Jewish Agency might advance.

10. The range of political views held by the main parties of Jewish Palestine is considerable. The Jewish Agency may, however, be regarded as the authoritative spokesman for all these parties, since oven in the case of “opposition” parties such as the Revisionists, and, until lately, the Hashomer Hatzair, they all abide by the disciplinary ruling of the Zionist Organization whereby, in representations before the outside world, a united front is presented. Furthermore, during the recent deliberations of the General Assembly on Palestine, the Jewish Agency was assisted by a Political Advisory Committee which included members of the revisionist and Hashomer Hatzair Parties, It should be borne in mind that Jewish political parties in Palestine are not static and that particularly at the present time there may be expected to be in the process of adopting their general policies on basic issues.

11. A small number of movements and groups in Jewish Palestine are not represented by both the Jewish Agency and the Vaad Leumi. These bodies carry little weight owing to their numerical weakness or to the fact that they are not primarily political parties. Nevertheless, the Commission may wish to contact them as a gesture of good will and as a matter of general policy with a view to ensuring that the widest possible range of views is taken into account, rather than as a practical step towards the formation of a provisional council of Government.

12. The following brief notes outline first, the Jewish Agency; second, the Vaad Leumi; third, the main political parties represented by the Jewish Agency and the Vaad Leumi; and fourth, certain other movements and groups which are not represented by both the Jewish Agency and the Vaad Leumi.

13. Article 4 of the Mandate for Palestine provided for the recognition of a Jewish agency “as a public body for the purpose of advising and co operating 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 same Article recognized the Zionist Organization (founded in 1897 with the aim of creating a home in Palestine, secured by public law, for the Jewish people), as the Jewish agency referred to above.

14. In 1929 an agreement was reached between Zionist and non-Zionist Jews which resulted in the creation of an enlarged Jewish Agency with equality of representation as between Zionists and non-Zionists. The predominance of the Zionist Organization was, however, assured because the President of the Zionist Organization is ipso facto President of the Jewish Agency.

15. The Jewish Agency comprises the following organs: a Council of 70 members, which normally meets once every two years and is the supreme governing body of the Agency; an Administrative Committee of 40 members, which meets at intervals between meetings of the Council to supervise the work of the Executive; and an Executive, appointed by the Council and consisting at present of 19 members, under the chairmanship of Mr. David Ben Gurion. Its head offices are in Jerusalem. The Agency is divided into the following departments: Political Department, Treasury, Immigration Department, Department For Youth and Child Immigration, Department f or Agricultural Settlement Department for Middle-Class Settlement, Agricultural Research Station, Department of Trade and Industry, Small Trade and Artisans’ Section, Department of Labour, Maritime Department, Technical Department and Department for Housing of Immigrants, Economic Research Institute, Economic Bureau, Section of Statistics, Organization Department, Youth Section, information Office, Press Office, Bialik Foundation (Publishing House), Supply Station, Search Bureau for Missing Relatives, Department for Post-War Settlement of Soldiers, and General Secretariat. Departments dealing with health and education were transferred some years ago to the Vaad Leumi.

16. Article 15 of the Mandate stipulates that the Mandatory shall assure to the people of Palestine “complete freedom of conscience and the free exercise of all forms of worship.” In implementation of this Article the High Commissioner was empowered to make rules for the organization and recognition by the Government of any religious community that applied for this privilege. Under the Jewish Community Rules of 1928, statutory recognition was given to a “Community of the Jews in Palestine.” This community includes the overwhelming majority of Jews in Palestine. Membership is automatic for all Jews, men and women, who have lived in Palestine for not less than three months unless they “opt out”. The community’s principal organs are a Rabbinical Council; an Elected Assembly (the present Assembly, elected in 1944, is composed of 171 members); a General Council of the Elected Assembly (the Vaad Leumi), and Local Community Committees, set up in all places where not less than 30 adult Jews, registered as members of the recognized Jewish Community, have their residence.

17. The Vaad Leumi which is the executive organ of the Jewish Community, consists of 40 members elected by the Elected Assembly. Its president is at present Mr. Ben Zevis. It administers the lay affairs of the Jewish Community in accordance with the Elected Assembly’s decisions. Its functions are divided among departments: Political, Financial, Municipal, Educational, Health, Social Welfare and Religious Affairs. The social system administered by the Vaad Leumi includes a public school system comprising some 760 schools with over 93,000 pupils; a health service organized as a network of preventive and curative institutions; the Hadassah Medical Organization; a Workers’ Sick Fund, and a social welfare service with 50 officers, which is responsible for schemes such as school feeding, day nurseries, youth clubs, etc.

18. The following parties are represented by both the Jewish Agency and the Vaad Leumi: 19. An indication of the cooperative strength of the various Jewish Political Parties is given in the following two tables. The first shows the results of the most recent elections to the Elected Assembly of the Palestine Jewish Community, held on August 1944. In these elections the Hashomer Hatzair and Poalei Zion joined forces to form a “Left Front”, while the Revisionists and the Union of General Zionists (General Zionists B, now merged in the Confederation of General Zionists) boycotted the elections. The second table shows the results of the most recent trial of strength of Jewish political parties in Palestine, namely the Palestine elections to the 22nd World Zionist Congress, held on 28 October 1946. The Communist Party of Palestine, not being affiliated to the World Zionist Organization, took no pert in these elections.

1944 Elections to the Elected Assembly

Party
Votes
Seats
Mapai
73,667
63
Left Front
24,773
21
Aliya Hadasha
21,383
18
Poel Mizrahi
19,372
17
Ahdut Avoda
18,168
16
Mizrahi
7,772
7
Communists
3,948
3
Total
168,508
134



1946 Palestine Elections to World Zionist Congress


Party
Votes
Delegates
Mapai
68.939
28
Revisionists
26.964
11
Achdut Avoda-Poalei Zion
24.049
10
Hashomer Hatzair
23.944
10
Hapoel Hamizrahi
19.176
8
Aliya Hadasha
12.055
5
General Zionists
7,616
3
Mizrachi Federation
4299
2
Total
197,042
77
20. The following movements and groups are not represented by the aewish ilgency end the Vaad Leumi

The Communist Party (represented only in the Vaad Leumi)

20. The following movements and groups are not represented by the Jewish Agency and the Vaad Leumi:
B. Arab Bodies

21. It is obvious that in view of the attitude of the Arab population in Palestine to towards the United Nations plan for partition, the Commission will be faced with a difficult task in endeavouring to consult Arab “democratic parties and public organizations” on the subject of setting up a provisional council of government in the Arab State. It is thought; however, that a brief indication of the general character of Arab political life in Palestine, and short notes on the principal Arab bodies now active, may serve a useful purpose.

22. Arab parties in Palestine came into existence only after the British occupation of the country. They differ considerably from political parties as the term is generally understood in Western countries. Their leaders frequently differ on grounds of personal enmity or rivalry rather than on questions of principle; generally speaking, a party is influential in localities where the family influence of its leaders is strongest; there is very little party organization, and the leaders are not chosen by elections in the Western sense of the word.

23. In general, the Arabs of Palestine have in the past been aligned, in two camps belonging to two wealthy and long-established families the Husseinis (the family of the Ex-Mufti of Jerusalem) and the Nashashibis. The feud between the two families and their followers is now no longer at its height.

24. The Arab Higher Committee: The principal Arab organization in Palestine, and the one which has been officially recognized by the United Nations as representing the Arabs of Palestine, is the Arab Higher Committee. The Arab Higher Committee is not itself a political party, although when it was first formed all the majority Arab political parties co-operated in it. The present Arab Higher Committee (also known as the Arab Higher Executive) is the fourth in a succession of Arab Higher Committees, the first of which was founded in 1936 under the leadership of Haj Amin el Husseini, then Mufti of Jerusalem and President of the Supreme Moslem Council. The Fourth Arab Higher Committee was formed as the result of a meeting of the Arab League at Bludan in Syria in June 1946. Mr. Jawal el Husseini (leader of the Palestine Arab Delegation to the General Assembly and a relative of the Ex-Mufti) is its Vice-Chairman end Dr. Hussein el Khalidi is its Secretary. The post of Chairman is tacitly held open for the Ex-Mufti himself, now in exile.

25. The Arab Higher Committee comprises the following departments: Treasury; Department of National Economy (concerned in particular with the Arab boycott of Jewish goods); Department of Lands (mainly concerned with preventing the sale of Arab lands to Jews); and Department of National Reconstruction and National Aid. Although the Committee’s headquarters are in Jerusalem, its meetings are frequently held in Egypt.

26. At the invitation of the British Government, the Arab Higher, Committee sent a delegation to the London Conference on Palestine in January 1947, and since its formation one or more of its members have been present as observers at meetings of the Arab League. It represented “‘the Arabs of Palestine at the Special Session on Palestine and at the recent meetings of the General Assembly. It refused UNSCOP’s invitation to appoint liaison officers to work with the Special Committee and to testify in Jerusalem on behalf of the Arabs of Palestine.

27. The Palestine Arab Party was founded in 1935 under the presidency of Mr. Jamal el Husseini. It is essentially the party of the Ex-Mufti. Its objectives are those which were repeatedly put forward to the General Assembly by the Arab Higher Committee and the delegations of the Arab States: the termination of the Mandate, and the establishment of Palestine as an independent, unitary Arab State. The Palestine Arab Party has always been the largest and most influential of the Arab parties, and all the members of the present Arab Higher Committee belong to it. The youth movement “Futuwah” is affiliated to it. No figures giving the membership of the Palestine Arab Party are available.

28. The Arab League of National Liberation, founded in Haifa in 1914, is organized more or less on Western lines and is Communist in its outlook. It holds that Arabs and Jews can co-operate in establishing and independent Palestinian State, once the country is freed from the influence of Britain and of Zionism. It has consistently urged that the Palestine problem should be transferred to the United Nations, and at one stage advocated that the question should come before the Security Council, not the General Assembly. The Arab League of National Liberation is the only Arab body which has publicly expressed hostility to the Arab Higher Committee and demanded the setting up of a body which would represent the Palestine Arabs on a democratic basis. No figures giving the League’s membership are available. The Arab League of National Liberation and the Jewish Communist Party have attempted to work together, but such co-operation has been rendered difficult by the violently nationalistic spirit of the rank and file of both parties.

29. Various other Arab political parties, such as the National Defence Party, the Arab Reform Party, the National Bloc Party and the Istiqlalist Party, ceased to function when Arab when Arab political activity in Palestine was suspended following the Arab disturbances of 1936-39 and the outbreak of the war, and they have not resumed activity. They were all highly nationalistic in outlook.

30. The difficulties pointed out above in regard to consultation of Arab bodies should not lead to the definite conclusion that there is no chance of the Commission finding any co-operative elements along the Arabs. Co-operation obviously will not be easily forthcoming because of Arab opposition to partition; nor is it likely that any organized group of Arabs will modify its attitude of intransigent hostility on this issue. It is possible, however, that many individuals will realize the practical advantages offered by economic union in essential condition for any co-operation from individuals would be certain minimum guarantees of protection against reprisals.

31. The fact should not be overlooked that practical co-operation between Arabs and Jews is possible, even in the present atmosphere of bitterness and strife. Arabs and Jews work together in the Government service, in the Municipality of Haifa, and, under Government auspices, on the Citrus Board.


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