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United Nations General Assembly Resolution 194
(III) 11 December 1948
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 182;(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 and to seek
agreement by negotiations conducted either with the Conciliation
Commission or directly, with a view to the final settlement of all
questions outstanding between them;
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 régime 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 Commission
to present to the fourth regular session of the General Assembly detailed
proposals for a permanent international régime 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 for 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.
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