(11 December 1948)
United Nations. General Assembly. XXth Sess. Palestine- Progress Report of the United Nations Mediator, Resolution 1948/194. 11 Dec. 1948, https://documents.un.org/doc/resolution/gen/nr0/043/65/pdf/nr004365.pdf.
Adopted near the end of the 1947-1949 War, the resolution outlines the creation and responsibilities of the United Nations Conciliation Commission for Palestine. It tasked the commission with achieving a final settlement and ensuring the protection of religious sites, particularly in Jerusalem. Jerusalem is to be given special international status under UN control, with demilitarization efforts to be pursued by the Security Council. The resolution called for refugees wishing to return to their homes and live in peace with their neighbors be permitted to so and that compensation be paid for the property of those choosing not to return.” The resolution speaks of being permitted to return, though Arab views often state that this is a ‘right,’ though not stated as such in the Resolution. The Resolution does not specify if refugees should be defined as Arabs or Jewish, though most interpretations focus on Arab refugees. Of the 58 UN members at the time, the vote was 35-15 with eight abstentions. Communist countries and six Arab League country members voted against the resolution. Both Palestinian and Israeli representatives, rejected the resolution’s contents. More than half a century later, when Arab states showed a willingness to consider living alongside Israel, spoke vividly in favor in upholding the resolution’s contents seeking Palestinian return to what were Israeli borders before the June 1967 war. Israel’s acceptance of application of the resolution’s call refugee return would mean Israel giving up its stated goal for Israel, being a majority Jewish state.
Ken Stein, June 2024
The General Assembly, having considered further the situation in Palestine,
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;
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;
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;
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;
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;
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;
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;
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 Shulfat, 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 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 cooperate with the local authorities with respect to the interim administration of the Jerusalem area;
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;
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;
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;
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 head-quarters at Jerusalem. The Authorities are 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;
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;
Calls upon all Governments and authorities concerned to cooperate with the Conciliation Commission and to take all possible steps to assist in the implementation of the present Resolution;
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.