{"id":202101,"date":"1979-01-01T00:00:00","date_gmt":"2019-03-12T18:18:07","guid":{"rendered":"https:\/\/www.un.org\/unispal\/?p=202101"},"modified":"2023-12-26T15:04:31","modified_gmt":"2023-12-26T20:04:31","slug":"auto-insert-202101","status":"publish","type":"document","link":"https:\/\/www.un.org\/unispal\/document\/auto-insert-202101\/","title":{"rendered":"The Question of Palestine – study"},"content":{"rendered":"
Please scroll down for Spanish and French versions and PDFs.<\/span><\/p>\n <\/p>\n THE QUESTION OF PALESTINE<\/strong><\/p>\n<\/div>\n <\/p>\n Prepared for, and under the guidance of <\/p>\n UNITED NATIONS<\/p>\n<\/div>\n New York, 1979<\/p>\n<\/div>\n <\/p>\n TABLE OF CONTENTS<\/strong><\/p>\n<\/div>\n <\/p>\n I.<\/strong><\/p>\n<\/td>\n A Historical Perspective<\/strong><\/p>\n<\/td>\n 1<\/strong><\/p>\n<\/td>\n<\/tr>\n II.<\/strong><\/p>\n<\/td>\n The Conflicting Promises on Palestine: The Balfour Decla<\/strong><\/span>ration<\/strong><\/span><\/p>\n<\/td>\n 4<\/strong><\/p>\n<\/td>\n<\/tr>\n III.<\/strong><\/p>\n<\/td>\n The Mandating of Palestine\u00a0\u00a0<\/strong><\/p>\n<\/td>\n 8<\/strong><\/p>\n<\/td>\n<\/tr>\n IV.<\/strong><\/p>\n<\/td>\n The Building of the “National Home”<\/strong><\/p>\n<\/td>\n 10<\/strong><\/p>\n<\/td>\n<\/tr>\n V.<\/strong><\/p>\n<\/td>\n The Palestinian Resistance<\/strong><\/p>\n<\/td>\n 11<\/strong><\/p>\n<\/td>\n<\/tr>\n VI.<\/strong><\/p>\n<\/td>\n The Ending of the Mandate <\/strong><\/p>\n<\/td>\n 13<\/strong><\/p>\n<\/td>\n<\/tr>\n VII.<\/strong><\/p>\n<\/td>\n The Partition of Palestine <\/strong><\/p>\n<\/td>\n 17<\/strong><\/p>\n<\/td>\n<\/tr>\n VIII.<\/strong><\/p>\n<\/td>\n The Establishment of Israel <\/strong><\/p>\n<\/td>\n 20<\/strong><\/p>\n<\/td>\n<\/tr>\n IX.<\/strong><\/p>\n<\/td>\n Palestine and the United Nations-1948-1967<\/strong><\/p>\n<\/td>\n 22<\/strong><\/p>\n<\/td>\n<\/tr>\n X.<\/strong><\/p>\n<\/td>\n Palestine and the United Nations-1967-1978<\/strong><\/p>\n<\/td>\n 25<\/strong><\/p>\n<\/td>\n<\/tr>\n XI.<\/strong><\/p>\n<\/td>\n The Status of the Palestinian Entity<\/strong><\/p>\n<\/td>\n 29<\/strong><\/p>\n<\/td>\n<\/tr>\n Annexes<\/strong><\/p>\n<\/td>\n 32<\/strong><\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n <\/p>\n <\/p>\n What is the “Question of Palestine” and where do its roots lie? What are “Palestinian rights” and why do they pervade every attempt to find a Middle East settlement? What is the place of the Palestine question in the Arab-Israel dispute?<\/p>\n<\/div>\n These questions evoke responses ranging from the uncertain to the hostile, underlining the controversy over the issues comprising the Palestine problem. This brief study attempts to sketch the evolution of the Palestine problem, the nature of Palestinian rights and the role of the United Nations in the Palestine question.<\/p>\n<\/div>\n <\/p>\n A HISTORICAL PERSPECTIVE<\/strong><\/p>\n<\/div>\n The involvement of the United Nations in the Palestine question arises directly from that of the League of Nations, which dates from the end of the First World War. This study thus is concerned with events in or affecting Palestine over roughly the last six decades. Since the question itself involves historical claims and references, however, some historical perspective is of help.<\/p>\n<\/div>\n From this historical sketch, one sees that, but for the Christian interregnum of the Crusades in the twelfth century, in 1917 Palestine had been under almost thirteen centuries of Moslem rule, first Arab and than Turk. The preponderant population over this long period had remained Palestinian Arab\u2014both Moslem and Christian.\u00a0\u00a0After the Diaspora of the Jews in the second century, a small Jewish presence also continued in Palestine, keeping alive the spiritual link with Palestine. During the nineteenth century small Jewish settlements were established with the permission of the Ottoman rulers.\u00a0\u00a0In 1918, of a population of about 620,000, a little less than 10% were Jews. The overwhelming majority were Palestinian Arab (10% Christian, 80% Moslem) and it was their culture and their language that predominated in Palestine at the time of the First World War,<\/p>\n<\/div>\n <\/p>\n _______________<\/p>\n<\/div>\n *Extracts from a report by an international commission appointed in 1930 with the approval of the League of Nations to inquire into Jewish and Moslem claims regarding the Holy Places in Jerusalem<\/p>\n<\/div>\n <\/p>\n The Arab subjects of the Ottoman Empire by now sought independence.\u00a0\u00a0Britain sought support against the Ottomans. Anglo-Arab collaboration was a natural outcome.<\/p>\n<\/div>\n The future of Ottoman Arab territories was discussed with the Allies, Palestine being a particularly sensitive subject because of its spiritual and strategic significance. A secret Anglo-French agreement of 1916 provided for the recognition of an “independent Arab state” or a “confederation of Arab states”, but with an “international administration” for Palestine to be decided upon in consultation with the other Allies and the Sherif of Mecca.<\/p>\n<\/div>\n The spiritual status of Sherif Husain of Mecca as Keeper of Islam’s most holy cities allowed him to act as representative of the Arabs even though all were not under his political authority. He led the Arab revolt against the Ottomans, and the British Government assured the Sherif’* that “Great Britain is prepared to recognize and support the independence of the Arabs in all the regions within the limits demanded by the Sherif of Mecca”. Prima facie, <\/i>these limits appeared to include Palestine which the British claimed, against the Sherif’ s protests, was excluded by virtue of an ambiguous reference in the course of an exchange of letters. The difference in views over what was agreed on the status Palestine was to contribute to the “Palestine problem”, and it was not until 1939 that the British Government conceded that in 1917 “they were not free to dispose of Palestine…”<\/p>\n<\/div>\n The question of the status of Palestine in the post First World War international order becomes important because while the Anglo-French agreement intended its internationalization and the Arabs expected its independence, the World Zionist Organization was receiving encouragement for its aim, declared in its first Congress under Theodor Herzl in Bask in 1897, “to create for the Jewish people a home in Palestine secured by public law”**.<\/p>\n<\/div>\n Zionist writings make plain that the aim of political Zionism clearly was the creation of a Jewish State. Zionist leaders pressed the British Government for a public declaration in their support, stressing the strategic advantages Great Britain would gain by securing an ally in the Middle East that would guard the Suez Canal.. On its side, the British Government sought support in the war from all quarters, and the outcome of this convergence of interests was a statement of policy on 2nd November 1917***.\u00a0\u00a0Called the “Balfour Declaration”, after the British Foreign Secretary who signed it, it was directed to the Zionist Organization, stating that:<\/p>\n<\/div>\n A significant feature of the Declaration was that the disposition of Palestine was being decided without any reference to the wishes of its inhabitants by a government that, at that time. exercised no sovereignty over Palestine. One authority writes:<\/p>\n<\/div>\n The Declaration did not receive unanimous Jewish support. Many non-Zionist Jewish communities felt themselves to be patriotic citizens of their own countries, and the idea of a “Jewish National Home” created strong conflicts of loyalty.\u00a0\u00a0This was personified in Sir Edward Montagu, the only .Jewish member of the British cabinet at the time, who strongly denounced the Balfour Declaration and its motives.\u00a0\u00a0Dr. Chaim Weizmann, President of the Zionist Organization, who personally spearheaded the Zionist drive for a State in Palestine, was himself to voice misgivings a decade later when the Zionist programme seemed to falter:<\/p>\n<\/div>\n When news of the Balfour Declaration (which at first was kept confidential) reached Arab leaders, consternation was to be expected. To assuage this, they were given further reassurances, including one in an Anglo-French declaration on 7 November 1918 which declared that the Anglo-French goal was “the complete and definite emancipation of the [Arab] peoples . . . and the establishment of national governments and administrations deriving their authority from the initiative and free choice of the indigenous populations”.<\/p>\n<\/div>\n Later history was to show, however, that the wishes of the indigenous peoples was to count for little.<\/p>\n<\/div>\n <\/p>\n __________<\/p>\n<\/div>\n *Principally through the “Husain McMahon” letters, Sir Henry McMahon being the British High Commissioner in Egypt.<\/p>\n<\/div>\n **Anti-semitism in East Europe was one of the primary causes for the search for a “national home”.\u00a0\u00a0The Zionist Organization also considered alternative sites in Argentina, East Africa, the Congo, and Cyprus for the national home” but decided to insist on Palestine.<\/p>\n<\/div>\n ***<\/span>‘Britain felt some urgency in issuing a statement since Germany, also seeking Zionist support in the war, was considering a similar step.<\/span><\/p>\n<\/div>\n <\/p>\n The principle of self-determination of peoples, emphasized especially by President Woodrow Wilson, emerged in the aftermath of the war and in the context of the future of the territories of the Ottoman and Austro-Hungarian empires.\u00a0\u00a0Yet colonialism was still a part of the international system, and the victorious powers had their own plans for the colonies of the vanquished.\u00a0\u00a0The League of Nations, a body sui generis, <\/i>reconciled these contradictions in the system of Mandates. Under it, certain territories would be placed under the “tutelage . . . of advanced nations” as “a sacred trust of civilisation”.\u00a0\u00a0The Covenant of the League provided that in the case of the more advanced territories:<\/p>\n<\/div>\n These were called ‘A’ class Mandates.\u00a0\u00a0The less advanced, the ‘B’ and ‘C’ mandates, could be subject to the Mandatory’s rule much beyond “administrative advice and assistance”.<\/p>\n<\/div>\n The former Arab territories of the Ottoman empire brought under this system were made “A” mandates and attained independence after varying periods. The territories of Syria and Lebanon were placed under a French Mandate, Lebanon becoming independent in November 1943 and Syria in January 1944.\u00a0\u00a0The Palestine Mandate, which included Transjordan, was awarded to Great Britain.\u00a0\u00a0Under the terms of this Mandate, and with the approval of the League of Nations, Transjordan was administered separately from September 1922, when the Palestine Mandate formally came into force, and attained independence as the Kingdom of Jordan in March 1946.<\/p>\n<\/div>\n During the Paris Peace Conference in 1919, Sherif Husain’s son, Feisal, asked for independence for all Arab territories including Palestine, although he was persuaded to give vague assurances of permitting Jewish immigration into Palestine.*\u00a0\u00a0The Zionist Organization presented a memorandum calling for “the establishment there of a Jewish National Home and ultimately render possible the creation of an autonomous Commonwealth”.<\/p>\n<\/div>\n President Wilson, however, continued to stress the fundamental importance of “the consent of the governed” and proposed that an inter-allied Commission ascertain the opinion of the indigenous population, but Britain and France later declined to participate. The “King-Crane Commission”, consisting of two Americans, proposed, into alia, <\/i>that Palestine could be included in the mandate for Syria, and recommended serious modification of the extreme Zionist programme for Palestine of unlimited immigration of Jews, looking finally to making Palestine distinctly a Jewish State. . .”\u00a0\u00a0The Commission pointed out that since “the non-Jewish population of Palestine\u2014nearly nine-tenths of the whole\u2014are emphatically against the entire Zionist programme”, its implementation “would be a violation of the principle [of self-determination] and of the peoples’ rights though it be kept within the forms of law”. The Commission warned of major violence should the Zionist plans be implemented, which would be “a serious injustice.\u00a0\u00a0For the initial claim, often submitted by Zionist representatives, that they have a ‘right’ to Palestine, based on an occupation of two thousand years ago, can hardly be seriously considered”.<\/p>\n<\/div>\n Nevertheless, the framing of the Palestine Mandate advanced to include the Balfour Declaration, although Lord Curzon, then British Foreign Secretary, warned that “the national home’ was an euphemism for “a Jewish state” and said “I think the entire concept wrong”’.\u00a0\u00a0Balfour himself at this time noted that there was no intention of consulting the people of Palestine, observing that “so far as Palestine is concerned, the [Allied] Powers have made no statement of fact which is not admittedly wrong, and no declaration of policy which, at least in the letter, they have not intended to violate”.<\/p>\n<\/div>\n The first step taken was to nullify the earlier agreement for the internationalization of Palestine, Britain insisted, and the French reluctantly agreed, to Palestine coming under British control.\u00a0\u00a0This was formalized at the San Remo Conference on 25 April 1920 and Palestine passed formally under British tutelage, in return for French freedom of action in Syria.<\/p>\n<\/div>\n Under continued pressure from the Zionist Organization, a stronger version of the Balfour Declaration was included in the preamble of the Mandate, which contained the following provisions:<\/p>\n<\/div>\n (a) Full legislative powers to the Mandatory authorities;<\/p>\n<\/div>\n (b) Responsibility for the “establishment of the Jewish National Home . . . the development of self-governing institutions, and safeguarding the civil and religious rights of all the inhabitants of Palestine, irrespective of race and religion”;<\/p>\n<\/div>\n (c) Recognition to the Zionist Organization as the “Jewish Agency” to assist in the establishment of the Jewish National Home;<\/p>\n<\/div>\n (d) Approval to Jewish immigration and “close settlement” of Jews on the land**.<\/p>\n<\/div>\n Not once did the word “Arab” appear in a document prescribing the future of a country ninety percent Arab.\u00a0\u00a0Instead, the Mandate referred to them in the terms used in the Balfour Declaration: “non-Jewish communities of Palestine” .<\/p>\n<\/div>\n These conflicting elements of the Mandate led to what was soon termed Britain’s “dual obligation” to the Zionist Organization and to the Palestinian Arabs. The first major policy statement of the Mandatory Power, made on 1 July 1922 and called the “Churchill Memorandum”, appeared to attempt to balance the two, but Churchill stated, several years later, that the policy statement was meant “to make it clear that the establishment of self-governing institutions in Palestine was to be subordinated to the paramount pledge of establishing a Jewish National Home in Palestine”.<\/p>\n<\/div>\n <\/p>\n ___________<\/p>\n<\/div>\n *Mainly through the ‘Feisal-Weizmann correspondence”‘ which a United Nations committee investigating the Palestine issue declared invalid since it was conditional on Arab independence, which had not been granted<\/p>\n<\/div>\n **Several authorities question the legality of the Palestine Mandate, since the inclusion of the Balfour Declaration infringed the fundamental purpose. i.e. ultimate self-determination, of the Mandates system in the terms of the Covenant of the League of Nations.\u00a0\u00a0Apart from the King-Crane Commission whose report received little attention, there was no consultation with the people of Palestine.<\/p>\n<\/div>\n <\/p>\n The building blocks of the Jewish National Home were land and people\u2014land acquired in Palestine and people brought in from abroad by a programme of mass immigration.\u00a0\u00a0Both measures were directed by the Zionist Organization in its role as the “Jewish Agency”.<\/p>\n<\/div>\n The repercussions of these policies on the Palestinian Arabs were not very important in the Zionist scheme. In fact, their existence was virtually ignored, and the slogan spread abroad to spur immigration was:<\/p>\n<\/div>\n The King-Crane Commission had noted that:<\/p>\n<\/div>\n Large scale immigration had started soon after Balfour Declaration, long before the Mandate came into effect officially late in 1922.\u00a0\u00a0With its total population officially estimated at 750,000 in 1922, Palestine from 1920 to 1929 received about 100,000 immigrants, mainly from Europe, raising the ratio of the Jewish population from 10% to 17%.<\/p>\n<\/div>\n Under the aegis of the Jewish Agency, several organizations financed by the Jewish National Fund embarked on systematic programmes of buying land for the settlers. Much of this land was bought from absentee landlords, and more from small owners\u2014in both cases it resulted in the displacement of Palestinian Arab peasants.\u00a0\u00a0Between 1920 and 1929 Jewish land holdings doubled, the ratio rising from about 2\u00bd% to 5% of the total land area of Palestine.<\/p>\n<\/div>\n The Jewish immigrants were provided capital by the Jewish Agency.\u00a0\u00a0They brought with them skills and zeal which they applied in developing the land they acquired.\u00a0\u00a0This land was subjected to racial restrictions, Jews being forbidden to employ Arab labour, or to sell to Arab buyers, although this violated the clauses of Mandate requiring that immigration should not prejudice the rights and position of the indigenous Palestinians.<\/p>\n<\/div>\n The decade of the 1930s brought a new type of immigrant\u2014not one attracted by the Zionist programme, but seeking refuge from the Nazi terror in Europe.\u00a0\u00a0While large numbers of European Jews fled west to England and America, substantial numbers also chose Palestine, and from 1930 to 1939 over 230,000 Jewish immigrants entered Palestine.\u00a0\u00a0(The arrival of refugees not being linked with land acquisition, land holdings increased by a relatively small margin).\u00a0\u00a0By 1939 the Jewish population numbered over 445,000 out of 1.5 million, almost 30% of the whole.<\/p>\n<\/div>\n <\/p>\n For the Palestinian Arabs, the process of building the “Jewish National Home” meant the alien colonisation of their land, in violation of their natural right to live on their ancestral land and of what they believed had been promises of independence.\u00a0\u00a0Having no formal political organization at the start of the Mandate, they expressed their resentment in a series of violent protests, and violence became virtually endemic in Palestine.<\/p>\n<\/div>\n The first disturbances were in 1920, and the inquiry commission ascribed them to “the Arabs’ disappointment at the non-fulfillment of the promises of independence which they believed to have been given them . . . [and] . . .\u00a0\u00a0The Arabs’ belief that the Balfour Declaration implied a denial of the right of self-determination”.\u00a0\u00a0More violence followed in 1921, the “Haycraft Commission”\u00a0finding that:<\/p>\n<\/div>\n A serious revolt broke out in 1929, with the “Shaw Commission” concluding:<\/p>\n<\/div>\n There followed the “Hope-Simpson Commission” (in 1930) to investigate the immigration and land-transfer issues.\u00a0\u00a0It concluded that mass immigration was increasing unemployment, and that there was no further land available for immigrants. In the “Passfield White Paper” (issued later that year), the British Government announced its intentions of restricting immigration and land transfers, but this policy was almost immediately reversed by the “‘MacDonald Letter” (of 13 February 1931) from the British Prime Minister.<\/p>\n<\/div>\n Violence again erupted in 1933, the “Peel Commission” observing:<\/p>\n<\/div>\n Eventually there was a full scale rebellion from 1936 to 1939.\u00a0\u00a0Starting with a series of strikes, it soon brought Palestine to a stand-still. The Palestinian Arabs turned to arms, and attacks on both the British and the Jews started in the countryside as well as the towns. There was sabotage of roads, railways, telegraph and telephone lines, oil pipelines, and other government property.\u00a0\u00a0A barbed wire fence, called the “Teggart Line” closed off parts of Palestine’s borders.<\/p>\n<\/div>\n The situation was influenced further by actions by the Mandatory authorities which the Palestinian Arabs regarded as provocation.\u00a0\u00a0The Jewish Agency was authorised to bring in several thousand new immigrants. Then the Mandatory government enrolled 20,000 Jews into the auxiliary police being used against the rebels.\u00a0\u00a0The Jews themselves, who in the past had exercised
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