| Creation of a Conciliation Commission,
General Assembly Resolution 194 (III),
11 December 1948:
The third session of the General Assembly refused to accept any
decision altering the Partition Resolution of the preceding year,
nor did it decide on ways of its implementation. Instead, it decided
to set up a United Nations Conciliation Commission, reiterated the
decision on internationalization of Jerusalem, and laid down several
principles on the refugee question. Text of Resolution 194 (III)
follows:
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 the resolution 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
Government 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 proposal 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 cooperate 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 Secret ary-General for transmission to the
Security Council and to the Members of the United Nations;
14. 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;
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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