(November 29 1947)

Selection from
United Nations
General Assembly Resolution 181

This selection embodies the principles governing the religious dimension of Jerusalem and the interests of the religious communities in the Holy Places.
Such principles, according to the said UN Resolution, were to be enforced by means of a corpus separatum, administered by the UN through a Governor appointed by the Trusteeship Council.
At the present time, however, this complex machinery may not necessarily be the best means of implementing them. Nevertheless, the international community, including the parties which have a vested interest in the Holy Places, seems to consider most of the cardinal points quoted below as internationally binding.
Most recently, a consensus emerged on these principles among Palestinian and Israeli participants to a conference on Jerusalem held in Madrid, August 5-9, 1996.
This selection was made by Enrico Molinaro, a junior research fellow at the Truman Institute for Peace in Jerusalem, and a participant in the conference. He has been conducting research on the question of Jerusalem in international law for several years.

PART 1 - Future Constitution and Government of Palestine

C. Declaration
A declaration shall be made to the United Nations by the provisional government of each proposed State before independence. It shall contain inter alia the following clauses:

General provision
The stipulations contained in the declaration are recognized fundamental laws of the State and no law, regulation or official action shall conflict or interfere with these stipulations, nor shall any law, regulation or official action prevail over them.

CHAPTER 1- Holy places, religious buildings and sites

1. Existing rights in respect of Holy Places and religious buildings or sites shall not be denied or impaired.
   
2. In so far as Holy Places are concerned, the liberty of access, visit and transit shall be guaranteed, in conformity with existing rights, to all residents and citizens of the other State and of the City of Jerusalem, as well as to aliens, without distinction as to nationality, subject to requirements of national security, public order and decorum.Similarly, freedom of worship shall be guaranteed in conformity with existing rights, subject to the maintenance of-public order and decorum.
   
3. Holy Places and religious buildings or sites shall be preserved. No act shall be permitted which may in any way impair their sacred character. If at any time it appears to the Government that any particular Holy Place, religious building or site is in need of urgent repair, the Government may call upon the community or communities concerned to carry out such repair. The Government may carry it out itself at the expense of the community or communities concerned if no action is taken within a reasonable time.
   
4. No taxation shall be levied in respect of any Holy Place, religious building or site which was exempt from taxation on the date of creation of the State. No change in the incidence of such taxation shall be made which would either discriminate between the owners or occupiers of Holy Places, religious buildings or sites, or would place such owners or occupiers in a position less favorable in relation to general incidence of taxation than existed at the time of the adoption of the Assembly's recommendations.
   
5. The Governor of the City of Jerusalem shall have the right to determine whether the provisions of the Constitution of the State in relation to Holy Places, religious buildings and sites within the borders of the State and the religious rights appertaining thereto, are being properly applied and respected, and to make decisions on the basis of existing rights in cases of disputes which may arise between the different religious communities or the rites of a religious community with respect to such places, buildings and sites. He shall receive full co-operation and such privileges and immunities as are necessary for the exercise of his functions in the State.

1. Freedom of conscience and the free exercise of all forms of worship, subject only to the maintenance of public order and morals, shall be ensured to all.
   
2. No discrimination of any kind shall be made between the inhabitants on the ground of race, religion, language or sex.
   
3. All persons within the jurisdiction of the state shall be entitled to equal protection of the laws.
   
4. The family law and personal status of the various minorities and their religious interests, including endowments, shall be respected
   
5. Except as may be required for the maintenance of public order and good government, no measure shall be taken to obstruct or interfere with the enterprise of religious or charitable bodies of all faiths or to discriminate against any representative or member of these bodies on the ground of his religion or nationality.
   
6. The State shall ensure adequate primary and secondary education for the Arab and Jewish minority, respectively, in its own language and its cultural traditions. The right of each community to maintain its own schools for the education of its own members in its own language, while conforming to such educational requirements of a general nature as the State may impose, shall not be denied or impaired. Foreign educational establishments shall continue their activity on the basis of their existing rights.
   
7. No restriction shall be imposed on the free use by any citizen of the State of any language in private intercourse, in commerce, in religion, in the Press or in publications of any kind, or at public meetings.
   
8. No expropriation of land owned by an Arab in the Jewish State (by a Jew in the Arab State) shall be allowed except for public purposes: in all cases of expropriation full compensation as fixed by the Supreme Court shall be paid previous to dispossession.

C. Statute of the City

1. Government machinery; special objectives.

The Administering Authority in discharging its administrative obligations shall pursue the following special objectives:
(a) To protect and to preserve the unique spiritual and religious interests located in the city of the three great monotheistic faiths throughout the world, Christian, Jewish and Moslem; to this end to ensure that order and peace, and especially religious peace, reign in Jerusalem;
(b) To foster co-operation among all the inhabitants of the city in their own interests as well as in order to encourage and support the peaceful development of the mutual relations between the two Palestinian peoples throughout the Holy Land; to promote the security, well-being and any constructive measures of development of the residents, having regard to the special circumstances and customs of the various peoples and communities.

(a) Subject only to the requirements of public order and morals, the inhabitants of the. City shall be ensured the enjoyment of human rights and fundamental freedoms, including freedom of conscience, religion and worship, language, education, speech and Press, assembly and association, and petition.
(b) No discrimination of any kind shall be made between the inhabitants on the grounds of race, religion, language or sex.
(c) All persons within the City shall be entitled to equal protection of the laws.
(d) The family law and personal status of the various persons and communities and their religious interests, including endowments, shall be respected.
(e) Except as may be required for the maintenance of public order and good government, no measure shall be taken to obstruct or interfere with the enterprise of religious or charitable bodies of all faiths or to discriminate against any representative or member of these bodies on the ground of his religion or nationality.
(f) The City shall ensure adequate primary and secondary education for the Arab and Jewish communities respectively, in their own languages and in accordance with their cultural traditions. The right of each community to maintain its own schools for the education of its own members in its own language, while conforming to such educational requirements of a general nature as the City may impose, shall not be denied or impaired. Foreign educational establishments shall continue their activity on the basis of their existing rights.
(g) No restriction shall be imposed on the free use by any inhabitant of the City of any language in private intercourse, in commerce, in religion, in the Press or in publications of any kind, or at public meetings.

(a) Existing rights in respect of Holy Places and religious buildings or sites shall not be denied or impaired.
(b) Free access to the Holy Places and religious buildings or sites and the free exercise of worship shall be secured in conformity with existing rights and subject to the requirements of public order and decorum.
(c) Holy Places and religious buildings or sites shall be preserved. No act shall be permitted which may in any way impair their sacred character. If at any time it appears to the Governor that any particular Holy Place, religious building or site is in need or urgent repair, the Governor may carry it out himself at the expense of the community or communities concerned if no action is taken within a reasonable time.
(d) No taxation shall be levied in respect of any Holy Place, religious building or site which was exempt from taxation on the date of the creation of the City. No change in the incidence of such taxation shall be made which would either discriminate between the owners or occupiers of Holy Places, religious buildings or sites, or would place such owners or occupiers in a position less favourable in relation to the general incidence of taxation than existed at the time of the adoption of the Assembly's recommendations.

(a) The protection of the Holy Places, religious buildings and sites located in the City of Jerusalem shall be a special concern of the Governor.
(b) With relation to such places, buildings and sites in Palestine outside the city, the Governor shall determine, on the ground of powers granted to him by the Constitutions of both States, whether the provisions of the Constitutions of the Arab and Jewish States in Palestine dealing therewith and the religious rights appertaining thereto are being properly applied and respected.
(c) Re Governor shall also be empowered to make decisions on the basis of existing rights in cases of disputes which may arise between the different religious communities or the rites of a religious community in respect of the Holy Places, religious buildings and sites in any part of Palestine.
In this task he may be assisted by a consultative council of representatives of different denominations acting in an advisory capacity.