{"id":184894,"date":"1950-07-17T00:00:00","date_gmt":"2019-03-11T21:48:12","guid":{"rendered":"https:\/\/www.un.org\/unispal\/?p=184894"},"modified":"2020-10-02T15:46:37","modified_gmt":"2020-10-02T19:46:37","slug":"auto-insert-184894","status":"publish","type":"document","link":"https:\/\/www.un.org\/unispal\/document\/auto-insert-184894\/","title":{"rendered":"UNCCP – 7th progress report"},"content":{"rendered":"
Fran\u00e7ais\u00a0<\/a><\/p>\n <\/p>\n UNITED NATIONS CONCILIATION COMMISSION FOR PALESTINE<\/strong><\/p>\n<\/div>\n <\/p>\n SEVENTH PROGRESS REPORT*<\/strong><\/p>\n<\/div>\n <\/p>\n (For the period from 8 May – 12 July 1950)<\/p>\n<\/div>\n <\/p>\n 1. As indicated in its <\/span>sixth progress report<\/a>\u00a0to the Secretary-General, the Conciliation Commission for Palestine, on 29 March 1950, submitted <\/span>concrete proposals<\/a>\u00a0to the parties for the establishment of a new procedure, combining direct negotiations in mixed committees with mediation by the Commission itself.<\/span><\/p>\n The Arab Governments <\/span>replied<\/a>, through the Egyptian Foreign Minister in Cairo, on 14 April, that they would be prepared to sit with Israeli representatives on a mixed committee to study the implementation of paragraph 11 of the <\/span>General Assembly resolution of 11 December 1948<\/a>, provided that the Government of Israel declared that it accepted the principle embodied in this paragraph and agreed to its implementation.<\/span><\/p>\n <\/p>\n As regards the other outstanding questions, the Arab Governments expressed themselves in favour of maintaining the procedure followed heretofore, but they asked the Commission to complete with mediation its task of conciliation.\u00a0\u00a0Whenever an agreement on principle was reached concerning a specific question, the representatives of both parties could sit together in the presence of representatives of the Commission in order to discuss its implementation.<\/p>\n<\/div>\n The Government of Israel, without requesting concessions or undertakings in advance, declared itself ready to negotiate a peace settlement directly with any Arab State wishing to do so. It asked the Commission to inform it which Arab State or States were ready to negotiate with Israel a settlement of all outstanding issues, whereupon it would communicate to the Commission without delay the names of the members of the Israeli delegation fully empowered to negotiate and conclude such a settlement looking to the establishment of permanent peace.<\/span><\/p>\n ____________<\/p>\n<\/div>\n *\u00a0\u00a0For the last report, see document <\/span>A\/1255<\/a>.<\/span><\/p>\n<\/div>\n 2. The Commission has considered the appropriateness of taking up with the Government of Israel the conditions which the Arab States placed upon the acceptance of its proposals.\u00a0\u00a0The Commission considered that in doing so it would not facilitate its task of conciliation.\u00a0\u00a0It therefore deemed it preferable to inform the parties as to the principles which would guide it in the conduct of negotiations within the mixed committees in the hope that its proposals would thus prove acceptable to both the Arabs and the Israelis.\u00a0\u00a0In consequence, it decided to send a new letter to the <\/span>Arab Governments<\/a>\u00a0and the <\/span>Government of Israel<\/a>.<\/span><\/p>\n <\/p>\n In this letter, dated 11 May, the Commission, taking into consideration the views expressed by both sides in response to its proposals, was careful to stress certain points:<\/p>\n<\/div>\n 3. The common reply of the Governments of Egypt, Lebanon, Jordan and Syria to the Commission’s note of 11 May was communicated in a <\/span>letter<\/a>\u00a0from the representative of Egypt dated 19 May.*\u00a0\u00a0In this letter the four Arab States emphasized their desire to see, first of all, the problem of the refugees solved on a basis of justice, equity and humanity according to the <\/span>General Assembly’s resolution of 11 December 1948<\/a>.\u00a0\u00a0“So long as this problem remains without a solution based on these principles”, the Arab Governments stated, “the peace, stability and welfare of the Middle East will be in danger”.\u00a0\u00a0The Arab States reiterated that the acceptance of the Commission’s proposals to establish mixed committees was subject to a double condition:\u00a0\u00a0first of all, the recognition and acceptance by the Government of Israel of the <\/span>resolution of 11 December<\/a>\u00a0in which the United Nations General Assembly called for the return of refugees to their homes and the payment of compensation to those choosing not to return; secondly, the undertaking by Israel to implement this resolution.<\/span><\/p>\n _____________<\/p>\n<\/div>\n * A few days later the Commission received a <\/span>separate reply<\/a>\u00a0from the Government of Lebanon, contained in a <\/span>letter<\/a>\u00a0from its representative to the Commission dated 17 May.\u00a0\u00a0The Lebanese reply did not differ in substance from that contained in the common <\/span>letter<\/a>\u00a0sent by the Egyptian delegation.<\/span><\/p>\n<\/div>\n As regards the other aspects of the Palestine problem, the Arab States confirmed the attitude communicated to the Commission in their name by the Minister for Foreign Affairs of Egypt on <\/span>14 April*<\/a>\u00a0in his oral statement to the Chairman of the Commission:\u00a0\u00a0the Arab Governments were ready to continue the study of these matters according to the procedure followed up to now, it being understood that whenever the study of a certain question led to an agreement on principle, the details of implementation would be discussed in the mixed committees.<\/span><\/p>\n In the letter from the representative of Egypt, containing the common reply of the four Arab States, the refugee problem is dealt with as the “basic problem”, the other questions being considered as “related questions” only** (the text of the <\/span>letter from the Egyptian delegation dated 19 May<\/a>\u00a0as well as the text of the <\/span>Lebanese delegation’s letter of 17 May<\/a>, are attached as annexes II and III respectively).<\/span><\/p>\n 4. The Government of Israel <\/span>replied<\/a>\u00a0to the <\/span>Commission’s note of 11 May<\/a>\u00a0in a letter from the Minister for Foreign Affairs dated 20 May.\u00a0\u00a0In this <\/span>letter<\/a>, the Foreign Minister stated that it appeared from the <\/span>note of 11 May<\/a>\u00a0that the Commission was not yet in a position to give a reply to the question contained in the letter from the Government of Israel dated 6 May,*** as to the “Arab State or States which might be ready to negotiate with Israel with a view to a final peace settlement”.\u00a0\u00a0In these circumstances, the Minister presumed that the Commission would deem it preferable “to await a clarification of the Arab attitude on the question of direct negotiations before considering the next step” (the text of the <\/span>letter<\/a>\u00a0from the Minister for Foreign Affairs of Israel is attached as annex IV).<\/span><\/p>\n ____________<\/p>\n<\/div>\n \u00a0\u00a0* See <\/span>document A\/1255<\/a>, paragraph 23.<\/span><\/p>\n<\/div>\n \u00a0** This statement is not made in the letter from the Lebanese delegation<\/p>\n<\/div>\n dated 17 May.<\/p>\n<\/div>\n *** <\/span>See document A\/1255<\/a>, paragraph 24.<\/span><\/p>\n<\/div>\n 5. The <\/span>reply from the Arab states<\/a>\u00a0to the <\/span>Commission’s note of 11 May<\/a>\u00a0once again raised the question as to whether the Commission should take up with the Government of Israel the conditions of the Arab States for participation in the work of the mixed committee.\u00a0\u00a0The Commission found nothing in the <\/span>Arab reply<\/a>\u00a0which warranted a departure from the position which it had already adopted in relation to the <\/span>first Arab reply of 14 April<\/a>.\u00a0\u00a0It considered that to take up the Arab conditions with the Government of Israel would not facilitate the fulfilment of its task of conciliation or the acceptance by both parties of the proposals contained in the <\/span>memorandum of 29 March<\/a>.*\u00a0\u00a0In consequence, the Commission decided that it was desirable to clarify for the parties certain aspects of its <\/span>proposals of 29 March<\/a>.<\/span><\/p>\n In a <\/span>note dated 30 May<\/a>, the Commission recalled that the General Assembly of the United Nations in its <\/span>resolution of 11 December 1948<\/a>, which constituted the charter of the Commission, had requested the Commission to establish “contact between the parties themselves and the Commission at the earliest possible date”.\u00a0\u00a0In this <\/span>resolution<\/a>\u00a0the Assembly had invited the Governments concerned “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”.<\/span><\/p>\n The Commission pointed out in its note that “it was in response to this request and in accordance with the instructions given in paragraph 6 of the <\/span>resolution<\/a>\u00a0that the Commission, in view of the fact that the parties had failed to undertake direct negotiations, invited them to seek in mixed committees under the chairmanship of the Commission, the agreement aimed at by the Assembly”.<\/span><\/p>\n <\/p>\n The Commission emphasized the inappropriateness of laying down for the initiation of a procedure in a conformity with the <\/span>Assembly’s resolution<\/a>\u00a0conditions dealing with principles already laid down by that resolution.\u00a0\u00a0The <\/span>note of 30 May<\/a>\u00a0stated that all these principles “must be respected and one of them cannot be singled out for special recognition without impairing the equilibrium of the <\/span>resolution of 11 December 1948<\/a>\u00a0as a whole”.<\/span><\/p>\n<\/div>\n “The Commission feels sure” the <\/span>note<\/a>\u00a0finally stated, “that these principles are recognized by the parties and that they mean to respect them; but their implementation gives rise to complex problems.\u00a0\u00a0It is with these problems that negotiations in the mixed committees would deal”.<\/span><\/p>\n The Commission concluded its <\/span>note<\/a>\u00a0by referring to the necessity of establishing as soon as possible conditions of peace and stability in the Middle East and of putting an end to the sufferings of the refugees.\u00a0\u00a0It expressed the hope that it would be possible to proceed without new delays to the establishment of the mixed committees (the text of the <\/span>note<\/a>\u00a0is attached as annex V).<\/span><\/p>\n ____________<\/p>\n<\/div>\n * Ibid<\/u>., paragraph 14.<\/p>\n<\/div>\n 6. On <\/span>12 June<\/a>, at the request of the delegation of Egypt, the Commission met with the Arab delegations to receive the <\/span>reply of the Egyptian Government<\/a>\u00a0to the Commission’s <\/span>latest note of 30 May 1950<\/a>.\u00a0\u00a0In this <\/span>reply<\/a>, the Government of Egypt pointed out the lack of any mention in the <\/span>Commission’s note of 30 May<\/a>\u00a0of a formal and explicit statement by the Government of Israel that it would accept the recommendation of the <\/span>resolution of 11 December 1948<\/a>\u00a0concerning the return of refugees to their homes and the payment of compensation to those who chose not to return. Under these circumstances the Government of Egypt declared that it maintained its attitude as regards the conditions under which it would be ready to cooperate in the work of mixed committees as proposed by the Commission.<\/span><\/p>\n <\/p>\n The representative of Syria and Lebanon, having associated themselves with the views expressed by the Egyptian representative, stated that their respective Governments adhered to the position previously adopted by the Arab States.<\/p>\n<\/div>\n 7. The representatives of the Hashemite Jordan Kingdom, who had received no instruction from his Government at the time of the <\/span>meeting of 12 June<\/a>, communicated his Government’s <\/span>reply<\/a>\u00a0to the Commission on 21 June 1950.\u00a0\u00a0In its <\/span>reply<\/a>\u00a0the Government of the Hashemite Jordan Kingdom noted that the Government of Israel, far from showing itself ready to implement the <\/span>General Assembly’s resolution<\/a>\u00a0concerning the return of refugees, was driving certain Arab tribal populations out of territory under Israeli control in southern Palestine “in order to settle Jewish immigrants in their place”.\u00a0\u00a0Under these circumstances the Government of Jordan considered that no useful purpose would be served by entering into negotiations with Israel at the present time. In a further letter, dated 26 June, the representative of the Hashemite Jordan Kingdom explained among other things that his Government’s refusal to sit on mixed committees was due to its wish not to act against the common policy of the Arab States.\u00a0\u00a0As soon as the Government of Israel showed signs of good will Jordan would be ready to re-examine the situation, it being understood that the rights of the Arabs would be safeguarded and the wishes of the Arab States duly taken into consideration (the texts of these two letters are attached as annexes VI and VII).<\/span><\/p>\n <\/p>\n 8. It is clear from the replies of the Arab States that they have not considered sufficient the statement contained in the <\/span>Commission’s note of 11 May<\/a>, and reiterated in that of <\/span>30 May<\/a>, that the new procedure would be based on the recognition and respect by the parties of <\/span>all<\/u><\/span>\u00a0principles contained in the <\/span>resolution of 11 December 1948<\/a>, since these principles form a homogeneous whole and could not be separated from one another.<\/span><\/p>\n<\/div>\n In those circumstances, the Commission has concluded that it would not serve any useful purpose to continue the exchange of notes on its proposals and has decided to return to its official headquarters in Jerusalem in order to pursue its task of conciliation through first-hand contacts with all Governments concerned.\u00a0\u00a0The Commission will close its session in Geneva on 15 July and will reconvene in Jerusalem at the beginning of August.<\/span><\/p>\n ANNEX I<\/span><\/p>\n<\/div>\n Note dated 11 May 1950 from the Conciliation Commission<\/u><\/p>\n<\/div>\n to the Governments of Egypt, Israel, Jordan,<\/u><\/p>\n<\/div>\n Lebanon and Syria<\/u><\/p>\n<\/div>\n <\/p>\n The Conciliation Commission for Palestine has the honour to acknowledge the <\/span>reply of the Arab Governments<\/a>\u00a0to its <\/span>memorandum of 29 March 1950<\/a>.\u00a0\u00a0The Commission has also received from the Government of Israel a reply, under date of 6 May, accepting the proposals contained in the memorandum.\u00a0\u00a0The Commission finds in these replies a spirit of cooperation which it appreciates.*<\/span><\/p>\n<\/div>\n In making its proposals the Conciliation Commission was guided by the resolutions of the General Assembly on Palestine.\u00a0\u00a0The Commission also took into consideration the position of the Arab Governments and the Government of Israel on the implementation of those resolutions, having in mind these principles of law, justice and humanity referred to by the Minister for Foreign Affairs of Egypt in Cairo on <\/span>14 April 1950<\/a>\u00a0when he delivered the reply of the Arab Governments.\u00a0\u00a0The Commission believes that its <\/span>proposals of 29 March<\/a>\u00a0represent the best method of reaching a settlement of the refugee problem as well as all other questions outstanding between the parties.<\/span><\/p>\n The Commission has not failed to note the various observations which have been formulated in response to its proposals.\u00a0\u00a0It considers that the problems thus raised could best be examined under the procedure proposed by the Commission in its <\/span>memorandum on 29 March<\/a>.<\/span><\/p>\n The Commission wishes to take this opportunity to reaffirm that its objective in suggesting the creation of mixed committees was the attainment of the final settlement called for by the <\/span>General Assembly resolution of 11 December 1948<\/a>.\u00a0\u00a0The past experience of the Commission has proved that the questions involved in such a settlement are linked to each other.\u00a0\u00a0Certain of these questions might be of a particularly urgent character and might be studied before others by common agreement of the parties.<\/span><\/p>\n The Commission considers that the work of the mixed committees could not lead to favourable results unless the discussions take place in a completely frank manner and the parties have the opportunity of expressing their points of view with unrestricted freedom.\u00a0\u00a0It goes without saying that the principles laid down by the <\/span>General Assembly resolution of 11 December 1948<\/a>\u00a0would have to be respected.<\/span><\/p>\n The Conciliation Commission hopes that the Arab Governments and the Government of Israel will be represented in negotiations under the procedure envisaged in the Commission’s <\/span>proposals of 29 March<\/a>\u00a0by delegates fully empowered to act on their behalf.\u00a0\u00a0The Commission would appreciate notification of the names of the delegates so empowered.<\/span><\/p>\n The Conciliation Commission considers that negotiations under its auspices as proposed in its <\/span>memorandum<\/a>\u00a0could begin in Geneva on 23 May 1950.<\/span><\/p>\n ____________<\/p>\n<\/div>\n * The opening paragraph of the <\/span>note of 11 May<\/a>\u00a0addressed to the Government of Israel reads as follows:<\/span><\/p>\n<\/div>\n \n<\/div>\n ANNEX II<\/p>\n<\/div>\n <\/p>\n Letter dated 19 May 1950 from the Chairman<\/u><\/p>\n<\/div>\n
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