9 Draft Resolution Concerning an International Regime for the Holy Places

Recognising the unique spiritual and religious interests of the world community in the Holy Land,

Desiring to preserve the peace of Jerusalem,

Considering its resolutions 181(II) of 24 November 1947, 194(III) of 11 December 1948 and 303 (IV) of 9 December 1949,

Having regard to the special Report of the Trusteeship Council on the question of an International Regime for the Jerusalem Area and Protection of the Holy Places (Document A/1286),

Considering that it has so far not been possible to carry into effect the resolutions of the General Assembly with regard to Jerusalem and the Holy Places,

Considering that any further delay in ensuring international protection of the spiritual and religious interests of the world community in the Holy Land is undesirable and that, therefore, awaiting the taking of final measures, it is appropriate to take such measures as will henceforward ensure the respect of those interests,

Determining that for the purpose of this resolution:

"Holy Land" means the former mandated territory of Palestine;

"Holy Places" means those Holy Places and religious buildings or sites which were regarded in Palestine on 14 May 1948 as Holy Places;

"Free access" means those rights of access and visit to which individuals and religious denominations were entitled on 14 May 1948 together with facilities of transit to and from Holy Places, whether these Holy Places are situated within or outside the territory of the State granting facilities, subject always to the requirements of public health, public security and decorum;

"Existing rights, immunities and privileges" means such rights, immunities and privileges as existed on 14 May 1948;

"Jerusalem area" means the city of Jerusalem as defined in Part III Section B of the Plan set out in resolution 181(II) of the General Assembly of 29 November 1947;

"Commissioner" means the United Nations Commissioner appointed Linder article VI of Section B of this resolution;

A. To invite the Governments of the States in the Holy Land to pledge themselves before the United Nations to:

(a) observe human rights and fundamental freedoms and in particular freedom of thought, conscience and religion as set forth in article 18 of the Universal Declaration of Human Rights;

(b) refrain from any act that would endanger the Holy Places in their territories;

(c) guarantee to nationals of their States as well as aliens, without distinction as to nationality, free access to Holy Places in their territories;

(d) observe and maintain all the existing rights, immunities and privileges as provided in article 11 of Section B of this resolution;

(e) levy no tax in respect of any Holy Places which were exempt from such taxation on 14 May 1948 and to make no change in the incidence of any form of taxation which would either discriminate between the owners and occupiers of different Holy Places or would place such owners and occupiers in a position less favourable in relation to the general incidence of that form of taxation than existed on 14 May 1948;

(f) maintain and respect the property rights of religious bodies;

(g) reduce their armed forces in the Jerusalem area in progressive stages with a view to their limitation to normal peacetime requirements as provided in article VIII of Section B of this resolution;

(h) to carry out in good faith the obligations and provisions laid down in Section B of this resolution; and to co-operate fully with the Commissioner in the task imposed on him by this resolution.

B. To lay down, in order to ensure the protection of and free access to the Holy Places and the maintenance of existing rights, immunities and privileges of religious denominations, the following articles:

The Holy Places throughout the Holy Land shall be preserved and no act shall be permitted which may in any way impair their sacred character.

Rights, immunities and privileges of religious denominations with respect to Holy Places, as well as the rights, immunities and privileges of religious bodies with respect to monasteries and missionary, educational and welfare establishments now maintained by them, shall be preserved as they existed on 14 May 1948.

1. The supervision of the protection of and free access to the Holy Places and the maintenance of the rights, immunities and privileges referred to in article II shall be the responsibility of the United Nations.

2. The Commissioner appointed pursuant to article. VI shall exercise this supervision on behalf of the United Nations and shall make arrangements with the Governments concerned regarding the implementation of the provisions of this resolution.

3. For the Jerusalem area such arrangements shall be subject in particular to the provisions of articles VIII, IX, XI and XII. The Commissioner shall negotiate and conclude agreements with the Governments concerned in order to ensure that the appropriate provisions of this resolution are carried into effect also in the Holy Land outside the Jerusalem area. He shall report the results of his negotiations to the Secretary-General of the United Nations.

1. The Commissioner shall draw up an authoritative list of Holy Places which were regarded as such on 14 May 1948. If any question arises as to whether any place, building or site was regarded as a Holy Place on 14 May 1948, the Commissioner shall decide;

2. If any question arises between any religious denominations in connection with any Holy Places, the Commissioner shall decide on the basis of existing rights;

3. Before taking any decision under paragraphs 1 and 2 of this article, the commissioner shall consult with members of the panel of advisers as provided in article XIV. His decision shall be final.

4. If a place, building or site not regarded as a Holy Place on 14 May 1948 is claimed by a religious denomination to be a Holy Place of such character that it is entitled to enjoy the protection of this Statute, the Commissioner may propose to the Government concerned that such a place, building or site be brought under the provisions of this resolution. In the event of the Commissioner and the Government concerned failing to reach agreement, the matter shall be referred to the arbitration tribunal as provided in article XV,

Should a visitor or pilgrim or a group of visitors and pilgrims be denied free access to any Holy Place, the Government denying access shall inform the Commissioner of the reason therefor.

1. There shall be a United Nations Commissioner to be appointed for a period of three years on the nomination of the Secretary-General by a Committee of the General Assembly consisting of the eleven members of the Security Council. This Committee shall decide by a majority of the members present and voting. The Commissioner shall be responsible to the General Assembly and may be dismissed by it. He shall report annually to the General Assembly and may also make special reports to the appropriate United Nations organs whenever he deems necessary. His headquarters shall be the former Government House in Jerusalem.

2. There shall be appointed in the same manner a Deputy Commissioner who shall be subject to the same terms of office, and shall be responsible to the Commissioner. The Deputy Commissioner shall assist the Commissioner and shall replace him in the event of his absence or disability.

3. The Commissioner and the Deputy Commissioner shall not be selected among nationals of the State of Israel or of the Arab State or from among residents of the Jerusalem area.

4. The Commissioner shall be authorised to appoint and employ under temporary contracts the auxiliary administrative personnel necessary for the carrying out of his functions.

The functions of the Commissioner shall be to exercise the powers conferred upon him by this resolution and to ensure its implementation.

1. The Governments of the States administering the Jerusalem area shall gradually reduce their armed forces in that area in conformity with article VII of the General Armistice Agreement between the Hashemite Jordan Kingdom and Israel of 3 April 1949, and shall limit them not later than three months after the coming into effect of a peace settlement between the States administering the Jerusalem area to normal peacetime requirements;

2. Should the Commissioner be of the opinion that the forces maintained by either party under paragraph I are above normal peacetime requirements, lie shall make representations accordingly to the Government concerned,

In the event of the Commissioner and the Governments concerned failing to reach agreement in the matter, it shall be referred to the Security Council.

The jurisdiction and control of each part of the Jerusalem area shall be exercised by the States concerned, subject to the powers of the Commissioner with regard to this area and without prejudice to the rights and claims of either party in the ultimate peaceful settlement for the area.

1. The Commissioner shall be empowered:

(a) To request the Government in the Jerusalem area to modify, defer or suspend such laws, ordinances, regulations and administrative acts pertaining to the area, which in his opinion impair the protection of and free access to Holy Places or the rights, immunities and privileges referred to in article II;

(b) To request the Governments to take such action or to make such orders or regulations for the maintenance of public security and safety as he deems necessary to ensure the protection of and free access to Holy Places or the safeguarding of the rights, immunities and privileges concerned.

2. The Governments shall carry into effect without delay any such action which the Commissioner, in accordance with the provisions of paragraph 1 of this article, deems necessary for the protection of and free access to Holy Places and safeguarding of the rights, immunities and privileges concerned.

3. If a Government objects to a request made by the Commissioner under this article, the matter shall be referred for a final decision to the arbitration tribunal provided in article XV. The tribunal shall decide not later than within a month from the submission of a dispute. Without prejudice to the final decision of the tribunal, provisional effect shall be given by the Government concerned to the action requested by the Commissioner.

4. The Commissioner shall immediately inform the Secretary-General of the United Nations of any objection of a Government to a request made by him under this article.

The Commissioner shall be empowered to employ under temporary contracts a limited number of guards for the performance of his functions in the Jerusalem area as well as to assure his own security and that of his staff. These guards shall not be selected from among nationals of the State of Israel or of an Arab State. The salaries, allowances and administrative expenses of the Commissioner, Deputy Commissioner, and the staff of the Commissioner, including guards and administrative personnel, shall be included in the annual budget of the United Nations. These salaries and allowances shall be exempt from local taxation.

The Governments in the Jerusalem area shall upon the Commissioner's request direct their respective police forces to assist the Commissioner in the performance of his duty.

If at any time it appears to the Commissioner that any Holy Place is in need of urgent repair, he may call upon the religious denominations or bodies concerned to carry out such repair. If, in the opinion of the Commissioner, the repair is not carried out or is not completed within a reasonable time, he may arrange for repairs to be carried out or completed. The expenses incurred shall be borne by the religious denominations or bodies concerned. The Commissioner shall decide after due investigation on the basis of existing rights which denominations or bodies are responsible for the repair.

The Commissioner shall appoint a panel of advisors consisting of representatives of the religious denominations and of the Governments in the Holy Land. These advisors shall be nominated by the religious denominations and Governments concerned. If a disagreement arises in connection with the provisions of this resolution, the Commissioner shall consult advisors from the panel representing such religious denominations or religious bodies and Governments as are concerned with the dispute. No representative of a religious denomination shall be consulted on questions relating to a Holy Place belonging wholly to another religious faith.

1. Any dispute between the Commissioner and one of the Governments of the States in the Holy Land concerning the interpretation or implementation of this resolution or of any supplementary agreements or arrangements, which is not settled by negotiation, shall be referred for final decision to an ad hoc tribunal or arbitrators, one to be nominated, as the case may be, either by the Hashemite Kingdom of Jordan or by the State of Israel, and one to be nominated by the Secretary-General of the United Nations. In the event of two arbitrators being unable within seven days to agree on the choice of an umpire, the latter shall be nominated by the President of the International Court of Justice.

2. In case of a dispute between the Commissioner and both Governments concerned, two arbitrators will be nominated by the respective Governments concerned, and two by the Secretary-General. In the event of their inability within seven days to agree on the choice of the fifth arbitrator, the latter shall be nominated by the President of the International Court of Justice.

3. The decision of the arbitration tribunal shall be binding on the Governments concerned.

Nothing in this resolution shall apply to purely Moslem Holy Places, religious buildings or sites and Moslem religious interests within territory controlled by the Hashemite Kingdom of Jordan, or purely Jewish Holy Places, religious buildings or sites and Jewish religious interests within territory controlled by the State of Israel.

The terms of this resolution can be reviewed only by the General Assembly.