194 (III). Palestine -- Progress Report of the
United Nations Mediator
The General Assembly,
Having considered further the situation in Palestine,
1.
Expresses its deep appreciation of the progress achieved through
the good offices of the late United Nations Mediator in promoting a peaceful
adjustment of the future situation of Palestine, for which cause he sacrificed
his life; and
Extends its thanks to the Acting Mediator and his staff for their
continued efforts and devotion to duty in Palestine;
2.
Establishes a Conciliation Commission consisting of three States
members of the United Nations which shall have the following functions:
(a) To assume, in so far as it considers necessary in existing circumstances,
the functions given to the United Nations Mediator on Palestine by resolution
186 (S-2) of the General Assembly of 14 May 1948;
(b) To carry out the specific functions and directives given to it by the
present resolution and such additional functions and directives as may
be given to it by the General Assembly or by the Security Council;
(c) To undertake, upon the request of the Security Council, any of the
functions now assigned to the United Nations Mediator on Palestine or to
the United Nations Truce Commission by resolutions of the Security Council;
upon such request to the Conciliation Commission by the Security Council
with respect to all the remaining functions of the United Nations Mediator
on Palestine under Security Council resolutions, the office of the Mediator
shall be terminated;
3.
Decides that a Committee of the Assembly, consisting of China,
France, the Union of Soviet Socialist Republics, the United Kingdom and
the United States of America, shall present, before the end of the first
part of the present session of the General Assembly, for the approval of
the Assembly, a proposal concerning the names of the three States which
will constitute the Conciliation Commission;
4.
Requests the Commission to begin its functions at once, with
a view to the establishment of contact between the parties themselves and
the Commission at the earliest possible date;
5.
Calls upon the Governments and authorities concerned to extend
the scope of the negotiations provided for in the Security Council's resolution
of 16 November 1948
1/
6.
Instructs the Conciliation Commission to take steps to assist
the Governments and authorities concerned to achieve a final settlement
of all questions outstanding between them;
7.
Resolves that the Holy Places - including Nazareth - religious
buildings and sites in Palestine should be protected and free access to
them assured, in accordance with existing rights and historical practice;
that arrangements to this end should be under effective United Nations
supervision; that the United Nations Conciliation Commission, in presenting
to the fourth regular session of the General Assembly its detailed proposals
for a permanent international regime for the territory of Jerusalem, should
include recommendations concerning the Holy Places in that territory; that
with regard to the Holy Places in the rest of Palestine the Commission
should call upon the political authorities of the areas concerned to give
appropriate formal guarantees as to the protection of the Holy Places and
access to them; and that these undertakings should be presented to the
General Assembly for approval;
8.
Resolves that, in view of its association with three world
religions, the Jerusalem area, including the present municipality of Jerusalem
plus the surrounding villages and towns, the most eastern of which shall
be Abu Dis; the most southern, Bethlehem; the most western, Ein Karim (including
also the built-up area of Motsa); and the most northern, Shu'fat, should
be accorded special and separate treatment from the rest of Palestine and
should be placed under effective United Nations control;
Requests the Security Council to take further steps to ensure
the demilitarization of Jerusalem at the earliest possible date;
Instructs the Conciliation Commission to present to the fourth
regular session of the General Assembly detailed proposals for a permanent
international regime for the Jerusalem area which will provide for the
maximum local autonomy for distinctive groups consistent with the special
international status of the Jerusalem area;
The Conciliation Commission is authorized to appoint a United Nations representative,
who shall co-operate with the local authorities with respect to the interim
administration of the Jerusalem area;
9.
Resolves that, pending agreement on more detailed arrangements
among the Governments and authorities concerned, the freest possible access
to Jerusalem by road, rail or air should be accorded to all inhabitants
of Palestine;
Instructs the Conciliation Commission to report immediately to
the Security Council, for appropriate action by that organ, any attempt
by any party to impede such access;
10.
Instructs the Conciliation Commission to seek arrangements
among the Governments and authorities concerned which will facilitate the
economic development of the area, including arrangements for access to
ports and airfields and the use of transportation and communication facilities;
11.
Resolves that the refugees wishing to return to their homes
and live at peace with their neighbours should be permitted to do so at
the earliest practicable date, and that compensation should be paid for
the property of those choosing not to return and for loss of or damage
to property which, under principles of international law or in equity,
should be made good by the Governments or authorities responsible;
Instructs the Conciliation Commission to facilitate the repatriation, resettlement
and economic and social rehabilitation of the refugees and the payment
of compensation, and to maintain close relations with the Director of the
United Nations Relief for Palestine Refugees and, through him, with the
appropriate organs and agencies of the United Nations;
12.
Authorizes the Conciliation Commission to appoint such subsidiary
bodies and to employ such technical experts, acting under its authority,
as it may find necessary for the effective discharge of its functions and
responsibilities under the present resolution;
The Conciliation Commission will have its official headquarters at Jerusalem.
The authorities responsible for maintaining order in Jerusalem will be
responsible for taking all measures necessary to ensure the security of
the Commission. The Secretary-General will provide a limited number of
guards to the protection of the staff and premises of the Commission;
13.
Instructs the Conciliation Commission to render progress reports
periodically to the Secretary-General for transmission to the Security
Council and to the Members of the United Nations;
14.
Calls upon all Governments and authorities concerned to co-operate
with the Conciliation Commission and to take all possible steps to assist
in the implementation of the present resolution;
15.
Requests the Secretary-General to provide the necessary staff
and facilities and to make appropriate arrangements to provide the necessary
funds required in carrying out the terms of the present resolution.
* * *
At the 186th plenary meeting on 11 December 1948, a committee of the
Assembly consisting of the five States designated in paragraph 3 of the
above resolution proposed that the following three States should constitute
the Conciliation Commission:
France, Turkey, United States of America.
The proposal of the Committee having been adopted by the General Assembly
at the same meeting, the Conciliation Commission is therefore composed
of the above-mentioned three States.
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1/ See
Official Records of the Security Council, Third Year,
No.
126