UN General Assembly Resolution 194
The Right of Return of Palestinians
Resolution 194 (III) has been repassed countless times since 1948 but Israel continues to violate it even though Israel owes its very existence to a UN resolution. In order to be granted admission to the UN in 1949, Israel had to promise to comply with this resolution but then reneged on its oath.
Israel even refuses to compensate the Palestinians for the unlawfully seized land and property as stipulated in this resolution. That amount is now several hundred billion dollars. Its unwillingness to return any land means that the US and the UN will be required to pay in full on Israel’s behalf. Furthermore, the resolution commences with the United Nations General Assembly expressing its deep appreciation of the late Count Folke Bernadotte, a Swedish UN mediator and renowned saviour of Jews, who was assassinated by Israelis at an improvised roadblock in West Jerusalem on September 17, 1948.
There are many other related issues such as some three million Palestinian refugees currently forced to live outside the Occupied Palestinian Territories and the serious lack of fresh water and fertile land, both absolutely necessary to any realistic means of livelihood for the Palestinians.
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194 (III).
Palestine -- Progress Report of the
United Nations Mediator
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 resolution
186 (S-2) 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 1/ 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
Governments 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 proposals 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 co-operate 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 to
the protection of the staff and premises of the Commission;
13. Instructs the Conciliation Commission to render progress reports
periodically to the Secretary-General for transmission to the Security Council
and to the Members of the United Nations;
14. Calls upon all Governments and authorities concerned to co-operate
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.
* * *
At the 186th plenary meeting on 11 December 1948, a committee of the
Assembly consisting of the five States designated in paragraph 3 of the above
resolution proposed that the following three States should constitute the
Conciliation Commission:
France, Turkey, United States of America.
The proposal of the Committee having been adopted by the General Assembly at
the same meeting, the Conciliation Commission is therefore composed of the
above-mentioned three States.
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1/ See Official Records of the Security Council, Third Year, No.
126.