{"id":193438,"date":"1947-12-31T00:00:00","date_gmt":"2019-03-12T16:36:48","guid":{"rendered":"https:\/\/www.un.org\/unispal\/?p=193438"},"modified":"2019-03-12T16:36:48","modified_gmt":"2019-03-12T16:36:48","slug":"auto-insert-193438","status":"publish","type":"document","link":"https:\/\/www.un.org\/unispal\/document\/auto-insert-193438\/","title":{"rendered":"Yearbook of the United Nations 1946-47 (excerpts)"},"content":{"rendered":"
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YEARBOOK<\/strong><\/p><\/div>\n of the<\/strong><\/p><\/div>\n UNITED NATIONS<\/strong><\/p><\/div>\n <\/p>\n 1946-47<\/strong><\/p><\/div>\n <\/p>\n DEPARTMENT OF PUBLIC INFORMATION<\/p><\/div>\n <\/p>\n UNITED NATIONS, LAKE SUCCESS, NEW YORK, 1947<\/p><\/div>\n \n<\/p><\/div>\n E. FIRST SPECIAL SESSION<\/strong><\/p><\/div>\n 1. CALLING OF THE SESSION<\/p><\/div>\n <\/p>\n On April 2, 1947, the head of the United Kingdom delegation to the United Nations, Sir Alexander Cadogan, sent a letter to the Acting Secretary-General of the United Nations, Dr. Victor Hoo, requesting on behalf of the Government of the United Kingdom that the question of Palestine be placed on the agenda of the next regular session of the General Assembly. The letter also asked that a special session be called to constitute and instruct a special committee to prepare for the consideration of the question.<\/p><\/div>\n <\/p>\n \t<\/span>The letter stated:<\/p><\/div>\n <\/p>\n \t<\/span>I have received the following message from my Government:<\/p><\/div>\n <\/p>\n \t<\/span>"His Majesty's Government in the United Kingdom request the Secretary-General of the United Nations to place the question of Palestine on the agenda of the General Assembly at its next regular Annual Session. They will submit to the Assembly an account of their administration of the League of Nations Mandate and will ask the Assembly to make recommendations, under Article 10 of the Charter, concerning the future government of Palestine.<\/p><\/div>\n <\/p>\n \t<\/span>In making this request, His Majesty's Government draw the attention of the Secretary-General to the desirability of an early settlement in Palestine and to the risk that the General Assembly might not be able to decide upon its recommendations at its next regular annual session unless some preliminary study of the question had previously been made under the auspices of the United Nations. They therefore request the Secretary-General to summon, as soon as possible, a special session of the General Assembly for the purpose of constituting and instructing a special committee to prepare for the consideration, at the regular session of the Assembly, of the question referred to in the preceding paragraph."<\/p><\/div>\n <\/p>\n \t<\/span>A telegram was immediately sent by the Acting Secretary-General to the other Members of the United Nations informing them of this request, and asking them to notify him if they concurred in the summoning of a special session of the General Assembly. The telegram stated that if within 30 days a majority of Members had concurred, the special session would be convoked in accordance with the rules of procedure.<\/p><\/div>\n <\/p>\n \t<\/span>Forty Members replied. All with the exception of Ethiopia agreed to the holding of the special session.<\/p><\/div>\n <\/p>\n \t<\/span>As a majority of Members had concurred in the request of the United Kingdom by April 13, the Secretary-General summoned the special session to meet at Flushing Meadow, New York on April 28. At the same time the Secretary-General communicated to Members the provisional agenda for the session.<\/p><\/div>\n 2. ORGANIZATION OF THE SESSION<\/p><\/div>\n <\/p>\n \t<\/span>The General Assembly convened at Flushing Meadow on April 28. The session was opened by the Chairman of the Belgian delegation, F. van Langenhove.<\/p><\/div>\n <\/p>\n \t<\/span>At the opening meeting of the session–the 68th meeting of the General Assembly–Oswaldo Aranha, the chairman of the Brazilian delegation was elected President by 45 out of 60 votes. The Chairmen of the Canadian, Chilean, Saudi Arabian, Swedish and U.S.S.R. delegations each received one vote. There were four abstentions.<\/p><\/div>\n <\/p>\n \t<\/span>On the suggestion of the President, it was agreed to follow the usual procedure of electing a General Committee and referring to it the consideration of the agenda.<\/p><\/div>\n <\/p>\n \t<\/span>As the General Committee consists of the President, the seven Vice-Presidents and the Chairmen of the six committees, the Assembly at its 68th plenary meeting proceeded to elect its seven Vice-Presidents. Chief representatives of the following countries were elected: China, Ecuador, France, India, the U.S.S.R., the United Kingdom and the United States.<\/p><\/div>\n <\/p>\n \t<\/span>To complete the composition of the General Committee, the six Main Committees met and elected the following Chairmen:<\/p><\/div>\n <\/p>\n <\/p>\n \t<\/span>These elections were reported to the 69th plenary meeting of the General Assembly on April 28, which requested the General Committee to consider the provisional agenda and the supplementary list and report to the General Assembly. The General Committee was also asked to consider communications from organizations which had written expressing their views on the business of the special session.<\/p><\/div>\n <\/p>\n \t<\/span>The following nine Members were elected to the Credentials Committee on the proposal of the Acting President at the opening meeting: Argentina, Australia, Denmark, Lebanon, Peru, the Ukrainian S.S.R., the U.S.S.R., the United States and Yugoslavia.<\/p><\/div>\n <\/p>\n \t<\/span>The Committee reported to the 69th plenary meeting on April 28 that 22 delegations had fully satisfied the requirements and that provisional credentials had been received for the other countries represented.<\/p><\/div>\n <\/p>\n \t<\/span>The Committee reported again to the 79th plenary meeting on May 15 that 33 delegations had submitted credentials since the committee's first meeting and that these had been in order. All delegations had therefore received full powers.<\/p><\/div>\n 3. AGENDA OF THE SESSION<\/p><\/div>\n <\/p>\n a.\t<\/span>Items Proposed<\/i><\/p><\/div>\n <\/p>\n \t<\/span>Apart from organizational and procedural matters, the only item on the provisional agenda was one providing for "constituting and instructing a special committee to prepare for the consideration of the question of Palestine at the second regular session," the item submitted by the Government of the United Kingdom.<\/p><\/div>\n <\/p>\n \t<\/span>Certain other Members had, however, requested the inclusion of an additional item–"The termination of the mandate over Palestine and the declaration of its independence." This had been requested by Egypt and Iraq on April 21 and by Syria, Lebanon and Saudi Arabia on April 22. In accordance with the rules of procedure the item was placed on the Supplementary List of Additional Agenda Items, and was referred for consideration to the General Committee along with the item suggested by the United Kingdom.<\/p><\/div>\n <\/p>\n b.\t<\/span>Consideration of Agenda<\/i><\/p><\/div>\n <\/p>\n \t<\/span>The General Committee considered the provisional agenda and the supplementary list at its 28th, 29th, 30th and 31st meetings on April 29 and 30.<\/p><\/div>\n <\/p>\n \t<\/span>The Egyptian representative urged that the additional item proposed by the Arab States for inclusion on the agenda should be considered at the same time as the item proposed by the United Kingdom as the two were closely connected, and the Arab proposal was more concrete and went further.<\/p><\/div>\n <\/p>\n \t<\/span>The Chairman ruled, however, that under the rules of procedure the provisional agenda had to be considered first and then any additional agenda items, which could be placed on the agenda only by a two-thirds majority of the General Assembly.<\/p><\/div>\n <\/p>\n \t<\/span>At its 28th meeting the General Committee recommended that the item "Constituting and instructing a special committee to prepare for the consideration of the question of Palestine at the second regular session" should be placed on the agenda of the General Assembly and referred to the First Committee.<\/p><\/div>\n <\/p>\n \t<\/span>At its 29th meeting on April 29 the General Committee began consideration of the supplementary list containing the item proposed severally by Egypt, Iraq, Lebanon, Saudi Arabia and Syria: "The termination of the mandate over Palestine and the declaration of its independence." The representatives of Iraq, Lebanon, Saudi Arabia and Syria were invited to take part in the discussion of the item in accordance with Rule 34 of the Provisional Rules of Procedure. This rule provides that "a Member of the General Assembly which is not a member of the General Committee and which has requested the inclusion of an additional item on the agenda, shall be entitled to attend any meeting of the General Committee at which its request is discussed, and may participate, without vote, in the discussion of that item."<\/p><\/div>\n <\/p>\n \t<\/span>In urging that the additional item they had proposed be placed on the agenda, the representatives of the five Arab States stressed the following points:<\/p><\/div>\n <\/p>\n \t<\/span>(1) The real question at issue was the recognition of the independence of Palestine, which, it was claimed, had already been expressly recognized in the Covenant of the League of Nations and in statements and declarations by the Allied powers. The Balfour Declaration and the League Mandate for Palestine had violated the principles of the Covenant and had resulted in the imposition of one people on another without the latter's consent. Neither the Declaration nor the Mandate had ever been recognized by the Arabs. The other mandated territories which had formed part of the Ottoman Empire had already been granted independence and there was no sound reason to make a distinction between them and Palestine.<\/p><\/div>\n <\/p>\n \t<\/span>(2) The problem was not one of fact-finding but of establishing principles. The situation in Palestine had arisen because of the principles in the Palestine Mandate and the Balfour Declaration, which were based on expediency, power politics, local interests and local pressure. These were inconsistent with the Covenant of the League of Nations and the Charter of the United Nations. The Charter provided that where other obligations were inconsistent with the Charter, the obligations under the Charter should prevail.<\/p><\/div>\n <\/p>\n \t<\/span>(3) All that was necessary in Palestine was to apply the principles of the Charter and declare an independent Palestine along democratic lines with equal rights for all citizens. This did not need a committee. Such a committee could only retard the settlement of a situation which, due to the activities of political Zionism, was daily getting more tense throughout the Arab world.<\/p><\/div>\n <\/p>\n \t<\/span>(4) The only appropriate way of bringing the question of Palestine before the United Nations was (a) to notify the General Assembly that the territory was qualified for independence; (b) to submit to the General Assembly a draft trusteeship agreement for the territory; or (c) to relinquish the mandate. The item proposed by the Arab States was in accordance with the Charter, since it provided that the discussion on the question should be directed towards the termination of the mandate.<\/p><\/div>\n <\/p>\n \t<\/span>(5) The whole question should be discussed since (a) the matter was urgent, (b) the committee should be adequately instructed, (c) it would in fact be impossible to avoid the question. Moreover, representatives had not come from all over the world just to appoint a committee.<\/p><\/div>\n <\/p>\n \t<\/span>(6) If there was no agreement on principles it would be of no use to appoint a committee, since the committee would have to work in the light of principles. If principles were accepted it might not be necessary to appoint a committee, but in any case the principles should be established first.<\/p><\/div>\n <\/p>\n \t<\/span>(7) Independence was the only just solution. It was, moreover, a question on which the two parties most directly concerned–the Jews and the Arabs–were formally in agreement.<\/p><\/div>\n <\/p>\n \t<\/span>(8) To discuss the independence of Palestine would not be prejudging the solution of the problem, since it had already been envisaged in the Covenant of the League of Nations. Not to discuss independence would be prejudging the question to a much greater extent.<\/p><\/div>\n <\/p>\n \t<\/span>(9) To discuss independence did not mean that it would have to be granted immediately or by any fixed date.<\/p><\/div>\n <\/p>\n \t<\/span>(10) To discuss the independence of Palestine need not prejudice the interests of the Jews, since their case could be heard. In any case the Jewish question was a completely separate one from the Palestine problem.<\/p><\/div>\n <\/p>\n \t<\/span>Against the inclusion of this item on the agenda it was urged:<\/p><\/div>\n <\/p>\n \t<\/span>(i) To exclude this item from the agenda would not preclude independence as an ultimate issue for the solution of the Palestine problem. Independence was recognized as the objective of all the Class "A" Mandates.<\/p><\/div>\n <\/p>\n \t<\/span>(ii) The question was complicated and needed careful, impartial and objective study. The matters of substance involved could best be discussed at the next session of the General Assembly after the committee's report had been received.<\/p><\/div>\n <\/p>\n \t<\/span>(iii) The committee should consider all the material and all evidence from all sources. Its terms of reference should take into account every aspect of the problem. It would be pre-judging the issue to discuss only one possible solution as suggested in the Arab proposal there were, for example, different ideas on the form of independence for Palestine.<\/p><\/div>\n <\/p>\n \t<\/span>(iv) The matter was urgent and a full debate on the substance of the question at the special session would entail long discussions and delay the setting up of the special committee so that it might not be able to consider the question adequately by the time the next session of the General Assembly convened.<\/p><\/div>\n <\/p>\n \t<\/span>(v) The discussion of the Arab proposal would not create a good atmosphere in Palestine, conducive to the objective studies which the committee would have to make. If a general debate on the substance of the question was held at the special session, the presentation of individual views would lead only to the confusion of the issue.<\/p><\/div>\n <\/p>\n \t<\/span>(vi) The United Kingdom proposal was practical–it involved the setting up of a committee and agreeing on its terms of reference. If the special session did this it would be justified. Whatever was essential in the Arab item would automatically be considered in the formulation of the committee's terms of reference.<\/p><\/div>\n <\/p>\n \t<\/span>(vii) In view of the importance and the difficulty of the question, it was necessary to arrive at a solution that would obtain world support. That support could be obtained only if the question had been thoroughly studied and considered in an atmosphere free from political pressure.<\/p><\/div>\n <\/p>\n \t<\/span>(viii) Many of the delegations to the special session which had come prepared to consider the procedural question of setting up a committee and determining its terms of reference were not briefed to discuss the substance of the question<\/p><\/div>\n <\/p>\n \t<\/span>(ix) The question of substance should not be considered until the views of the Jews as well as of the Arabs were heard.<\/p><\/div>\n <\/p>\n \t<\/span>It was suggested that since certain delegations had requested to debate on the substance of the question at the special session, it should be granted since a refusal might be misunderstood. The decision could be taken at the next session of the Assembly, but a preliminary discussion would facilitate the work of the special committee.<\/p><\/div>\n <\/p>\n \t<\/span>The special committee, it was pointed out, however, would have to take into consideration the termination of the mandate when considering the future government of Palestine. The Indian representative suggested to the Arab States that since everyone agreed that independence should be the objective of any settlement of the Palestine question, they should not press their proposition to a vote.<\/p><\/div>\n <\/p>\n \t<\/span>The Egyptian representative stated that he was prepared not to insist on a vote at that time, though, in reply to a question from the Chairman, he stated that he had no authority to withdraw the proposal. Iraq, Lebanon, Saudi Arabia and Transjordan also stated that they would not withdraw their proposals. The Chairman then ruled that since the proposal had not been formally withdrawn, it would have to be voted on. The result of the voting on the Arab proposal was 1 in favor, 8 against and 5 abstentions.<\/p><\/div>\n <\/p>\n \t<\/span>The report of the General Committee recommending that the item submitted by the United Kingdom be placed on the agenda of the General Assembly and referred to the First Committee (Political and Security) but not recommending the inclusion of the item submitted by the Governments of Egypt, Iraq, Syria, Lebanon and Saudi Arabia, was considered by the General Assembly at its 70th and 71st meetings on May 1, 1947.<\/p><\/div>\n <\/p>\n \t<\/span>The recommendation to place on the agenda the item proposed by the United Kingdom calling for the constitution of a special committee and to refer the question to the First Committee was adopted, although it was suggested by certain representatives (1) that the inclusion of both items be considered together; (2) that the setting up of a special committee was unnecessary, since the facts were already available; (3) that the question could be solved by the termination of the mandate and the granting of independence to Palestine; (4) that the question should be referred not only to the First Committee, but also to the other Main Committees, since it involved questions within their terms of reference; and (5) that the question should be dealt with in plenary session and not be referred to any committee. The Chairman in stressing the broad character of the First Committee pointed out that an agenda item must, under the rules of procedure, be referred to a committee unless the General Assembly decided otherwise.<\/p><\/div>\n <\/p>\n \t<\/span><\/strong>The General Assembly then considered the report of the General Committee referring to the non-inclusion in the agenda of the item suggested by the Arab States, "the termination of the Mandate over Palestine and the declaration of its independence." Against the report of the General Committee and in favor of including in the agenda the item proposed by the five Arab States it was urged that (1) the General Committee was a procedural committee and had made a political decision, thereby exceeding its powers; (2) one of the reasons given for the refusal to admit this item on the agenda was the lack of information, but sufficient information was available to debate the question and in any case information would be required in order to instruct the special committee; (3) another reason given for the refusal of the item was the possible repercussions of a general debate on the state of affairs in Palestine, but the General Assembly should not be influenced by lawlessness; (4) it was possible to include both items in the agenda, and since it had been agreed that independence was an objective of all Category "A" Mandates it could be used as a guide post for the special committee; (5) to reject the item might give the false impression that the General Assembly did not attach much importance to the independence of Palestine.<\/p><\/div>\n <\/p>\n \t<\/span>Against the inclusion of the item in the agenda it was contended that the question should be closely examined and all points of view heard, and that the Assembly would be better qualified to consider the substance of the question after the special committee had completed its study.<\/p><\/div>\n <\/p>\n \t<\/span>To secure unanimity a compromise was suggested by the representatives of El Salvador and Colombia, supported by the representatives of Cuba, Haiti and Iran. This was to the effect that, since it had been agreed that the special committee to be appointed would have to have as one of its terms of reference the study of the termination of the mandate and the independence of Palestine, and since some of the Arab representatives had stated that they did not wish the Assembly to make an immediate pronouncement on the independence of Palestine and the termination of the Mandate and others had accepted the idea of the establishment of a committee, therefore these two proposals could be linked by introducing a phrase to the effect that the special committee which was to prepare a report on the question of Palestine would have to study the termination of the Mandate over Palestine and the declaration of its independence.<\/p><\/div>\n <\/p>\n \t<\/span>The President ruled that the suggestion could not be voted on since there was no formal proposal in writing. He stated, however, that as soon as the agenda was adopted there would be full freedom of debate, without any restriction whatever, on the whole problem of Palestine, including the question of independence and the termination of the mandate. This interpretation was questioned by the Indian and Australian representatives, who submitted that, if the question of the independence of Palestine and the termination of the mandate were not placed on the agenda and were afterwards raised again, it would be ruled out of order, since the General Assembly would then be able only to consider the question of constituting and instructing the special committee. The United States representative stated that if the question of the independence of Palestine and the termination of the mandate were not placed on the agenda that would leave on the agenda only the question of constituting and instructing the special committee, but that the question of independence for Palestine would have to be considered by the First Committee when considering the terms of reference for the special committee.<\/p><\/div>\n <\/p>\n \t<\/span>When the question of including the item of the supplementary list "The termination of the Mandate over Palestine and the declaration of its independence" in the agenda of the General Assembly was put to the vote, 15 Members voted in favor of including the item, 24 against and 10 abstained.<\/p><\/div>\n <\/p>\n <\/p><\/div>\n 4. POSITION OF THE UNITED KINGDOM<\/p><\/div>\n <\/p>\n \t<\/span><\/strong>In the General Committee's discussions on the agenda, certain representatives asked for an explanation of a recent statement made by a United Kingdom Government spokesman in the House of Lords. They stated that it implied that the United Kingdom was not prepared to say if it would accept the Assembly's recommendations.<\/p><\/div>\n <\/p>\n \t<\/span>The United Kingdom representative in reply quoted the statement made in the House of Lords, which said "I cannot imagine His Majesty's Government carrying out a policy of which it does not approve," and drew a distinction between it and the non-acceptance by the United Kingdom of a recommendation of the Assembly. He pointed out that any recommendation made by the Assembly might have to be enforced, and questioned whether, if this were a decision which the United Kingdom could not reconcile with its conscience, it would "single-handed be expected to expend blood and treasure in carrying it out." He said that he hoped to make a statement explaining his Government's position.<\/p><\/div>\n <\/p>\n \t<\/span>In reply to a suggestion made in the First Committee by the representative of the Jewish Agency for Palestine–that the account of the mandate promised by the United Kingdom Government should be rendered not to the next session of the General Assembly but to the special committee–the United Kingdom representative on May 8 stated that his Government would be entirely at the disposal of the special committee if it were set up and would give it all possible information, including an account of the administration of the Mandate.<\/p><\/div>\n <\/p>\n \t<\/span>In reply to a question by the Lebanese representative at the First Committee's 52nd meeting on May 9, the United Kingdom representative stated that the United Kingdom had tried for years to solve the problem of Palestine, but, having failed, had brought it to the United Nations. If the United Nations could find a just solution which would be accepted by both parties, "it could hardly be expected that we should not welcome such a solution." The United Kingdom should not, however, have the sole responsibility for enforcing a solution not accepted by both parties and which "we could not reconcile with our conscience." The question of the acceptance of any recommendation by the Assembly should also be addressed to other interested parties and to all the Members of the United Nations.<\/p><\/div>\n 5. COMMUNICATIONS FROM NON-GOVERNMENTAL ORGANIZATIONS<\/p><\/div>\n <\/p>\n \t<\/span>At its 69th meeting on April 28, the General Assembly decided to refer to the General Committee communications from organizations which had written to the Secretary-General asking for the opportunity of expressing their views concerning the items of business for which the special session had been called. It was agreed that these communications, and similar ones received from other agencies, should also be referred to the General Committee. The General Committee was to recommend to the plenary meeting a procedure for dealing with the communications.<\/p><\/div>\n \t<\/span><\/p><\/div>\n \t<\/span>The General Committee voted at its 31st meeting on April 30, by 11 votes to 0, with 3 abstentions, to defer consideration of the communications until it had presented its report on the agenda to the plenary meeting, though some representatives expressed the view that representatives of the Jewish people should be heard before the agenda was decided.<\/p><\/div>\n <\/p>\n \t<\/span>The General Committee considered the question of communications from non- governmental organizations at its 32nd and 33rd meetings on May 2.<\/p><\/div>\n <\/p>\n \t<\/span>The requests before the Committee were:<\/p><\/div>\n <\/p>\n \t<\/span>(1) From the Jewish Agency for Palestine, requesting authorization for the Agency to attend the meetings of the special session and participate in the discussions.<\/p><\/div>\n <\/p>\n \t<\/span>(2) From the Zionist Organization of America, requesting that its proposal for the solution of the Palestine question be brought before the special session.<\/p><\/div>\n <\/p>\n \t<\/span>(3) From the Hebrew Committee of National Liberation in Washington, requesting that the Hebrew National Delegation be granted a seat in the special session.<\/p><\/div>\n <\/p>\n \t<\/span>(4) From the Political Action Committee for Palestine, requesting the opportunity to testify before the special session.<\/p><\/div>\n <\/p>\n a.\t<\/span>Jewish Agency for Palestine<\/i><\/p><\/div>\n <\/p>\n \t<\/span>The Polish representative proposed that the General Committee recommend to the General Assembly the following resolution:<\/p><\/div>\n <\/p>\n \t<\/span>The General Assembly, resolved to give careful consideration to the point of view of the Jewish people on the Palestine question, decides to invite the representatives of the Jewish Agency for Palestine to appear before the General Assembly for consultation.<\/p><\/div>\n <\/p>\n
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