SUMMARY RECORD OF THE FORTY-THIRD MEETING
held Lausanne on Wednesday
3 August 1949, at 3.30 p.m.
Consideration of amendments proposed by the French and United States delegations to the preliminary draft for an international regime for the Jerusalem area (Com.Jer/W 18).
After discussion, the following drafting amendments were agreed upon:
Title: The Committee accepted the French amendment which deleted the word “preliminary” and read “Instrument establishing a permanent international regime for the Jerusalem area”.
Preamble: The French amendment was accepted and it was furthermore agreed that the Secretariat be requested to re-draft it in more suitable legal form.
Article 1: The article as amended by the French delegation was accepted, with the further amendment of substituting “limits” for “outline of the frontiers”.
It was moreover agreed, on a suggestion by Mr. BENOIST that, in the interests of accuracy, a copy of the map which had served as a base map for the sketch map of the Jerusalem area attached to the General Assembly’s resolution of 29 November 1947 should be obtained.
Article 2: It was decided to amend Article 2 as in the French delegation’s proposal.
Mr. BENOIST recalled that the French delegation had already submitted a proposal for a demarcation line.
Mr. BARCO wished to point out in that connection that it had always been agreed that if the parties directly concerned were unable to decide upon a demarcation line between themselves, the United Nations could be called upon to propose an alternative solution, but he thought no steps should be taken in that direction unless it were so requested.
It was moreover decided that Article 3A of the French delegation’s amendments, the first sentence of which would be redrafted to read: “Persons of all nationalities who are domiciled in the Jewish zone or who habitually reside there shall, for the purposes of this instrument, be considered residents of the Jewish zone”, should be inserted in Article 2 of the draft.
Article 3: After considerable discussion, the Committee rejected both the French and United States amendments and accepted the following redraft:
“All matters not reserved by the present instrument to the competence of the United Nations authority shall fall within the competence of the responsible authorities of the two zones.”
Article 4: The Committee agreed to the United States amendment, substituting “Commissioner” for “Administrator” and “Deputy Commissioner” for “Deputy Administrator”.
Paragraph 1 of Article 4, as amended by the French delegation, was accepted. The Committee also agreed to the United States amendment inserting after paragraph 1 of Article 4 the following paragraph: “The Commissioner shall report annually to the General Assembly. He may also make special reports to the appropriate United Nations organ whenever he deems it necessary” with the further amendment of the insertion of the words “or specialized agency” after the words “United Nations organ”.
Paragraph 2 of Article 4, as amended by the French delegation, was accepted, with further amendments, to read as follows: “The General Assembly of the United Nations shall also appoint for five years, on the recommendation of the Commissioner, a Deputy Commissioner who shall be responsible to the Commissioner, and may be dismissed by him.” The Deputy Commissioner shall assist the Commissioner and shall replace him in the event of absence or incapacity.”
Paragraph 3 of Article 4, as amended by the French delegation, was accepted and the words “of Jerusalem” inserted after the words “the Jewish zone or the Arab zone”.
Article 5: The Committee decided to retain Article 5 of the original draft, although “Commissioner” and “Deputy Commissioner” would be substituted for “Administrator” and “Deputy Administrator” in conformity with the amendment accepted with regard to Article 4.
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Amendements à l'avant-projet de régime international pour la région de Jérusalem - 43e séance du comité de la CCNUP pour Jérusalem (Lausanne) - Compte rendu Français