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r.-^DRAFT STATU! E FOR THE HM7ERMA7IIOMAIL OTT OF JERUSALEM
Cb) person s who do not qualify as residents under paragraph (a) of this Article but who, after 29 November 1947
have been ordinarily resident in the City for a continuous
period of not less than ... years, and have not ceased to be
ordinarily so resident :
Provided that legislation of the City may make provision for
the registration of persons ordinarily resident in tho City, and
such legislation may provide that, subject to such exceptions
as are provided for in the legislation, a person shall be deemed
not to be ordinarily resident in the City for the purposes of
paragraphs (a) and (b ) of this article during any period in
which he is in default in comply ing with the requirements of
the legislation as to regi stration.

The followin g is the official text of the Draft Statute
f o r the City of Jerusalem as submitted on December 1,
1.947, by the Working Committee set up by the Trusteeship
Council of the United Nations Organization.
Combined with the text are the Observations on the
D r a f t S tatute made by the Jewish Agency f o r Palestine
and submitted on February 2, 1948. The Observations are
printed in small heavy type.
Footnotes included, in the official text are printed in
small light type.

In Sub. Para, (a) the word "resident," seems to have been
omitted between "ordinarily " and "in."
It would also be desirable to bring: Into line the expression
"'have remained" and "have not ceased" used at the end of (a)
and (b) respectively, and to Insert "the*' between "that" and
"legislation " in the proviso .
It is submitted that a period of residen ce of six months,
combined with the requirement of the person bein g: "ordinarily"
resident and of his not having ceased to be "ord inarily " so resident , would be quite sufficient to guarantee genuineness for the
purpose of Articles 10, 20, Kl and 40 of the Statute.

PREAMBLE

WHEREAS the General Assembly of the United Nations by a
Resolution on the "Future Government of Palestine," adopted at its 128th Plenary meeting on 29 November 1947, laid down
that the City of Jerusalem , delimited in accordance with the Resolution, should be established as a corpus separatum under a
Special In ternational Regime and should be administered by the
United Nations:
Art. 10 — Citizenship
W/H^P.EAS the General Assembly designated the Trusteeship
1 (page
This Article entirely omits the provisions of Para. 1
Council to discharge the responsibilities of administering
21) of the Plan as to persons who filed notice of intention to
become citizens of one of the two States, pursuant to Para . 9
authority on behalf of the United Nations;
of Part IA (page 4) of the Plan . This would appear to call for
WHEREAS the special objectives to be pursued by the United
correction , as the applicat i on of the provisions ot the Plan would
Nations in discharging its administrati ve obligations were
materially change the proposed Draft .
set forth in the aforesaid Resolution as follows :
1. Citizenship of the City shall be exclusive of any other
(a) To protect and to preserve the uni que spiritual and nationality. No person who is a citizen of any State shall be. religious interests located in the City of three great mono- come a Citizen of the City until he shall have indicated in such
theistic faiths throughout the world , the Christian, Jewish manner as the Governor may by order prescribe that he has
and Moslem; to this end Ito ensure that order and peace, and renounced his citizenship of such State, and that his renunciaespecially religious peace, reign in Jerusalem;
ion has been accepted by such State.
(b ) To foster co-operation among all the inhabitants of the
It is submitted that the provision that only Cities of the City
City in their own interests as well as in order to encourage
could be elected to the Legislative Council runs counter to the
letter and the spirit of the Plan . Para . 5 of Part I I I of the
and support the peaceful development of the mutual relaPlan makes no mention whatever of this special qualification for the
tions between the two Palestinian peoples throughout the
passive right ot election , the provision being that the Council is
Holy Land; to promote the security, well-being and any conto be elected by adult residents of the City irrespective of nationstructive measures of development of the residents, having
ality. Again Para . 11 of the same Part of the Plan envisages the
Possibility
that a vast majority of the inhabitants would become
regard to the special circumstances and customs of the
citizens of the Arab and Jewish States respectively, or would revarious peoples and communities;
tain the citizenship of the State of which they have Ibeen citizens.
WHEREAS the General Assembly directed the Trusteeship
Throughout t h i s part of the Plan "residents or citizens" is used
disjunctivel y, underlining the nature of the international regime.
Council to elaborate and approve a detailed Staute for the
It should be noted that while under 1 the provisions of Part 10, 8,
City and prescribed certain provisions , the substance of which
1 (page 8) of the Plan , there is peremptory provision that every
should be contained therein;
Arab and Jew "shall" become a citizen of the State in which he
rFH E TRUSTEESHIP COUNCIL,
is resident, the provision as regards the City allows both Arabs

V

|N PURSUANCE of the aforesaid Resolution,

A DOPTS the present Statute of the City of Jerusalem:
Art . 1 — Special International Regime
1. The presen t S t a t u t e definos the special international regime for the City of Jerusalem, hereinafter referred to as "the
City," and constitutes it as a corpu* separatum under the administ ration of the United Nations in accordance with the Plan
of Partition with Economic Union , hereinafter referred to as
"the Plan ," which is set forth in the Resolution of the General
Assembly on 29 November, 1947, referred to in the Preamble to
this Statute.
2. The Statute shall prevail in the City. No administrative
act, legislative measure or judicial decision shall conflict or interfere with the provisions of this Statute including the Preamble.

and Jews to retain their foreign nationality if they so wish , this
again being in keeping with the international regime. The very
severe limitation proposed to be imposed upon the electorate, in
that they could only elect Citizens of the City as their representatives, is hardly democratic, and has called forth criticism in
similar circumstances elsewhere* ; no class, possessed of political
rights should be forced to seek its representation outside of its
own rank s. The international regime in the City would be con ducive to the retention by many of its leading European and American residents, some of whom are public spirited in a high degree,
of thei r foreign Nationality and thus rule them out from participation in the Council , and red u ce the choice of Councillors . It is
to be further noted that the Plan envisages that the administrative
staff shall be chosen (the only limitation is "wherever practicable")
from the residents of the City and the rest of Palestine on a
non-discriminatory basis , and that they shall be classed as international officers . Tru e that the Draft Statute (Art . 1«, Para . 1)
excludes the Chief Secretary from the operation of tills principle.
But it would still be quite illogical that .while the Attorney General
or the senior administrative officers need not be Citizens of the
City, a member of the Legislative Council must needs be one.
In fact , no conflict of loyalty is envisaged in the case of the
Governor or the Chief Secretary, who will be Fo reign Citizens; nor
in the case of other senior officials. . Members of the Council will,
on the one hand, be subject to a certain leaning towards tlheir
national or ethnic neighbours even if they hold Jeru salem citizenship ; on the other, the responsibility of office and a sense of
public duty will, it is to he hoped, help them to discharge their
primary debt towards the well-being of the City with due fairness
and devotion. It is submitted, therefore, #h»t the distinction between
the active and passive right of election may be omitted , and the
paragraph amended by changing the word "citizen " into the word
"residents."
The requirement of acceptance of the renunciation by the
State of orig inal nationality seems to be an onerous condition.
Most Nationality Laws make no provision whatever for tbe
release of their national s or for the acceptance of any renunciation
by thetm , and in the cases of such national s the condition could
not be fulfilled at all . It is submitted that notification of the renunciation to the repre *entative of the State concerned might
suffice . Under the present Law of Nationality no acceptance is
required .

Provisions for legal persons might be suitably inserted at th«
end of this paragraph. It is suggested that they take the following form :
.Every company, whether Palestinian or Foreign , amd every
cooperative society, partnership, association or charitable trust
at present registered in Palestine may opt , within a tinn e to be
prescribed by the Governor , that its regist ration be effectiive either
for the City only, or for the City and the Jewish Stat e, or for
the City and the Arab State, and upon such election (he registration shall be effective accordingly.
As at present drafted , this paragraph would enable a simple
majority to introduce a disqualification relating to election to
and membership of the Legislative Council , which would d i s q u a l i f y
a large number of the opposite side. . Thus , Arabs may propose
that only a person whose father was born in Palestine shall be
* ™«nb«»r; Jews may propose that only those w"ho know the two
official languages shall be qualified .
It is appreciated that the intention of the paragraph is to
provide for such disqualifications as undischarged bankruptcy ,
criminal conviction involving moral turpitude and the lik(e
It is
submitted that the power for this legislation may be safel y left
to the Governor by order, subject possibly to approva l Lv t h e
Trusteeship Council , and the same observation would ap p i v to
the provisions of Art . 21, Para . 3.

participate in the election of all members to the Legislative Counoil , each of the three groups m ay l i o m i u a t e a n u m b r r of candidates
in excess of the n u m b e r to be eb -cted . and from each of t h e se
lists i\n ch voter m a y vote for not more t h a n t h e n u mb e r of si-:,T4
a l l o t t e d to each group.
B
2. During the first ten years after the entry into force of this
Statute, or u n t i l it i.s ann'iuli'd , t h e Legislative Council shall be
composed of t h i r t y members , namely ten members for each of
t h e three grea t religious c o m m u n i t i e s . The residents and citizen s
shall choose freely the electoral college in which tliey w i s h lo register for the purpose of t h e electoral procedure.

3. Without prejudice to the provisions of paragraph 1 of th is
article, the legislation of the City may make provisions as to
the disqualifications relating to election to and membership of
the Legislative Council.
4. The legislation of the City shall provide for the remuneration of the members of the Legislative Council.
Art. 21 — Elections to the Legislative Council
1. The members of ihe Legislative Council shall be elected
by residents of the City over twenty -one years of age, irreof nationality, on the basis of universal and secret
Ar!* Uu"~ SeIection of and Responsibility of the Governor spective
suffrage, and proportional representation designed to ensure
^
1. The Governor
of the City shall be " appointed by the
Trusteeship Council and shall be responsible to that Council. adequate representation of the various opinions and interests
2. The Governor shall be selected on ithe basis of special of the City.
2. Without prejudice to the provision s of paragraph 1 of
qualifications and without regard to nationality : Provided that
he shall not be a citizen of the City, the Arab State or the Jew- this article, the legislation of the City may make provisions as
to disqualifications relating to electors.
ish State.
Art. 22 — Duration of the Legislative Council
. _ Art- 12 — Term of Office of the Governor
1. The term of the Legislative Council shall be four years
l. The term of office of the Governor shall be three years
from
the
date of the first meeting thereof.
from the time of his appointment : Provided that :
2. If , at the end of a four-year term of the Legislative Coun(a) the Trusteeship Council may extend the term of office
cil, it is the opinion of the Governor that circumstances are inof
0 e nor in any Pa r tj cular case for such period as it
appropriate for the conduct of a general election , the Governor
L^ 7 Jf
^
may temporarily prolong the term of the Legislative Council
may resign his office upon due notice
^w^
«"n°r
v
he n
> ,Au
to
l ^°
then in existence and shall forthwith report his action to the

he
Trusteeship
Council
,
and
the
Trusteeship
Council
may
*
Trusteeship Council for Instructions.
Um
e™n
1
1
*ny
i
e" ™ * ?* *"*
^
3. If , in the opinion of the Governor, the special objectives
^f^
.
£
A,t
lne
expiration
Ot
ills
^
term of office , or extended term ,
*•
of this Statute are being gravely imperilled by the conduct of
Governor
shall
be
eli
a
gible for re-appointment.
the Legislative Council , the Governor may temporarily suspend
Ar 13 — General Powers of the Governor
.
^r
-1. m
The Governor shall be the representative of the United the Legislative Council and shall f o r t h w i t h report the circumstances to the Trusteeship Council for Instructions. The
Nations in the City.
2. The Governor, <m behalf of the United Nation s, shall Trusteeship Council shall either instruct the Governor to revoke
exercise supreme executive authority in the City, subject only forthwith his order for the suspension of the Legislative Counto the Instructions of the Trusteeship Council. He shall be re- cil , or maintain the suspension of the Legislative Council for
sponsible for ensuring the peace, order and good government ol such period as it may deem fit.
4. If , in the opinion of the Trusteeship Council, such action
the City in accordance with the special objectives of the United
is necessary in order to preserve the special objectives of this
Nations recited in the Preamble to this Statute.
Statute, the Trusteeship Council may cause the Legislative
In view of the provision of Para. 2 of Art 4, and <of Para
f A
Council to be dissolved , and new elections shall be held as soon
¥ - 5' the WOTds "or th «* Security Council" might b<* added
m? the
after
words "Tru steeship Council ," as in matters of security as circumstances are appropriate for the conduct of a general
the Security Council may find it necessary to exercis* direct
authority, in addition to cases where urgent action is required election.

Art. 23 — Legislation and Resolutions

P,rovisi «> I» *• made in Para . 2 . of Art. 15. Tihe same
«E-J^*i
observation
applies
to the penultimate line of Para 4 of A r t 16

1. Bills may be introduced in the . Legislative Council and
a. i he Governor shall , subj ect to the Instructions of the resolutions may
be moved in the Legislative Council or any
Trusteeship Counci l and the provisions of this Statute, exercise
the powers of chief administrator of the City on behalf of the Committee thereof by members of the Legislative Council or by
the Governor.
United Nations.
2. The Governor may designate a member of his staff to
4.
The
cou
rts
of
the
City
shall
not
exercise any jurisdiction
#
an any proceedings whatsoever over the Governor or his official introduce any bill in the Legislative Council on his behalf , and
a person so designated by the Governor may participate without
or other property.
vot e in the deliberations of the Legislative Council or any ComU ~~ Power of Pardon and Reprieve
mittee thereo f on the bill which he introduces.
ZL
T*
ihe0 A
Governor may grant to any offender convicted of any
3. The Governor may likewise designate a member of his
offence in any court of the City a pardon , either free or condistaff
to move any resolution on his behalf in the Legislative
tioned, or any remission of the sentence passed on such offender
or any respite of the execution of such sentence , for such period Council or any Committee thereof , and a perron so desi gnated
by the Governor may participate without vote in the deliberaas the Governor thinks fit , and remit any fines , penalties or
forfeitures which may accru e or become payable to the City by tions of the Legislative Council or any Committee thereof on
Art. 2 — Boundaries of the Territory of the City
virtue of the jud gment of any court of the City or of the opera- the resolution which he moves.
1. The territory of the City shall include the present muni4 Each bill passed by the Legislative Council shall become
tion of any legislation
of the City.
15
cipa lity of Jerusalem together with the surrounding villages and
law upon promulgation. A bill shall not be promul gated except
-r. <5overaor *s Emergency Powers
after approval by the Governor or on the expiration of thirty
towns, the most eastern of which is Abu Dis, the most southern
1 iv ^k OP*won
of the Governor, the administration of days after its transmission to the Governor if he has by that
*nA
Bethlehem, '.he most western Ein Karim (including also the
i'
«. W
tne
Oty is being seriously obstructed or prevented by the nonbuilt-up area of Motsa) and the most northern Shu'fat.
time neither approved nor disapproved the bill. The Governor
cooperation or interference of one or more sections of the pop2. The precise boundaries of the City shall be as delimited
may disapprove a bill if , in his opinion , it is in conflict with
ulation
,
the
Gove
rnor
may
-take
such
measures
and
enact
by
by the Commission contemp lated by Part 1, Section B, parathe provisions of this Statute, or it would impede the adminorder such legislation as he may deem necessary to restore the
graph 1 of the Plan , in accordance with the directions set out
istration of the City or inflict undue hardship on any section
effective functioning of the administration.
of the inhabitants of the City, and he shall then inform both
in the Plan , and shall be described in due course in an annexe
2.
In
case
of
an
imminent
threat to, or act of aggression the Legislative Council and the Tiusteeship Council of the
to this Statute.
against, the territorial integrity of the City, the Governor shall
reasons for his disapproval. The Trusteeship Council may thereArt. 3 — Functions o* eTTeTTru^^ship Council
request ithe Secretary-General of the United Nations to bring
upon either confirm the Governor 's disapproval of the bill or
oy virtue of the authority conferred
The Trusteeship Counc
the matter ito the immediate attention of the Security Council
instruct him to approve the same.
upon it by the Resolution of the General Assembly of the United
and shall act in accordance with the directions of the Security
5. If the Governor shall consider that it is essential to the
Nations of 29 November 1947, shall discharge the responsibilities
J
Council.
(which expression
normal functioning of the administration
of the United Nations for the administration of the City in ac2. Subject to the provisions of paragraph 1 of this Article,
3. The circumstances in which the Governor may have shall , without prejudice to its generality, include the obligations
cordance with this Statute.
every resident of the City at the date of the coming into force exerci sed any power .conferred on him by this article shall be imposed by this Statute and all matters pertaining to the creaArt. 4 — Territorial Integrity
reported to the Trusteeship
of this Statute shall become a citizen of the City, but
Council as soon
as may be tion or abolition of any public office or to the appointment,
1. The terri torial integrity of the City and the special regime
(a) every Arab or Jew so becoming a citizen of the City, practicable.
salary or other conditions of service of any public officer or
Statute
shall
be
assured
by
the
United
Nations.
as defined in this
p
yvho desires to become a citizen of the Arab State or Jewish
~" ° #"ri zation 0f the Administration
officers ) that any bill introduced or any resolution moved for
2. The Security Council shall be informed in case of a threat
i. ™
State respectively, may give notice of such desire in such
1
I h e' V
Governor shall be assisted by a Chief Secretary decision in the Council shall have effect, then if the Council fail
to , or act of aggression against , the territorial integrity of the
prescribe
and
within
may
by
order
Governor
manner as the
who shall be appointed by the Trusteeship Council on the re- to pass such a bill or adopt such resolution within such time
City, or any other attemp t to alter by force the special regime
such period after the coming initio force of this Statute or commendation of the Governor. He shall be neither ,a citizen and in such form as the Governor may think reasonable and
as defined in this Statute.
the setting up of the Arab State or Jewish State respectively nor a resident of the Arab State, the Jewish State or the City, expedient, the Governor may, at any time in his discretion,
Art. 5 — Demilitarization , Neutrality and
aforesaid , whichever event is the laJter, as the Governor may
2. The Governor shall appoint an administrative staff , in- notwithstanding any provisions of this Statute or of any StandPreservation of Order
by order prescribe and thereupon he shall cease ito be a cluding Attorney General , the members of which shall be ing Rules or Orders of the Council , declare that such bill or
shall
be
demilitarized
and
no
para-military
for1. The City
selected on a non-discriminatory basis for thei r competence resolution shall have effect as if it had been passed or adopted
citizen of the City.
nations, exercises or activities shall be permitted within its
(b) a n otice given by a husban d under paragraph 2 of this and integrity and , whenever practicable, from the residents of
by the Council, either in the form in which it was so introduced
borders.
article shall bind his wife, unless she gives notice on her own the City, the
Sta te and theofJewish State.
re Arab be
or proposed or with such amendments as the Governor shall
2. The neutrality of the City is hereby declared and shall be
Sha11
so;
doing
period
allowed
for
*
ion
behal f within the
Administrat
a Counoi l
consisting think fit which have been moved or proposed in the Council
preserved. No armed forces , except under the authority of the
The second "notice" might be clearly stated to be "notice of* *u
^
the Chief Secretary and such other princi pal officers and or in any Committee thereof; and thereupon the said bill or reof her desire to retain her citizenship of the City," as distinct such citizens as the Governor
Security Council , shall be allowed in the City.
may appoint. The Council of solution shall have effect as if it had been so passed or adopted ,
The
from Hhe first "notice" occurring in the same paragraph.
*3. The Governor shall be responsible for the organization and
Administration shall advise and assist the Governo r iin the and, in the case of any such bill, as if it had been approved by
words "on her own behalf" could then be omitted .
direction of the police forces neoessary for the maintenance of
(c) for purposes of paragraph 2 of this article, the status administration of the City.
the Governor. The Governor -shall forthwith report to the
internal law land order.
4. In the performance of their duties, the Governor, the Trusteeship Council any action taken by him by virtue of this
of a minor shall be governed by that of the legal guardian
Governor
shall
organize
and
direct
a
special
police
*4. The
members of the Counci l of Administration and administrative paragraph and shall comply with any
of the minor as laid down by the legislation of the City.
Instructions of the
force, of such numbers as he shall deem necessairy, to assist in
The words "as laid down by the legislation of the City" staff , including members of the police forces , shall not seek or
Trusteeship Council given in relation thereto.
the maintenance of internal law and order , and especially for the
seem to be superfluous . There would be no "legislation of the receive any instruction s from any government or any authority
"Nationals of other states" would be more accurately deprotection throughout the City of the Holy Places, religious
City " at the time in question. The word "legal" applied to a other than the Government of
scribed as "persons who are neither citizens nor residents of
the City and the Trusteeship
guardian, already means "a guardian in accordance with the law
buildings and sites. To the fullest extent possible, members of
the
Arab State or Jewish State," so as to include persons withCouncil.
They shall refrain from any action which might rein force at the time," and the further specification might be
out a definite nationality. On the other han d , this would clearly
the special police force shall be sslected without distinction as to
flect upon their positions as international officers.
omitted .
show
that tihe paragraph does not cover "national s of other
nationality: Provided that they shall not be recruited from
The provision In two of the three alternative forms of the
Art. 17 -" Disqualification from Public Office
states" who are residents of tlie Arab State or the Jewish State.
paragraph, of elections by ethnic curiae is a departure from the
among habitual residents or citizens of the Arab State, the JewA person shall be disqualified from
holding any public ART. 24 — LEGISLATION BY ORDER OF THE GOVERNOtt
principles laid down in the Plan . In no part of the Plan is there
ish State or the City.
any discrimination or distinction on the /ground of race or religion, office, central or local , in the City, including membership of
At any time when there is no Legislative Council for the
and it would be straining tliie provisions of Para . 5 of the Plan, the Council of Government and of the Legislative Council , if he City or the Legislative Council is suspended, the Governor may
there,
to
import
used
proportional
representation"
* It has been suggested t h a t paragraphs 3 and 4 might be transor the words "
holds any office under any other State: Provided that the Gov- legislate for the City by order and any such order shall have
ferred a .s a separate article immediatel y after article 14.
into them an intention of separate elections by the Arab residents
The city will depend on o u t s i d e supplies for food and proand the Jewish residents of the City, with paramount rights of ernor may appoint to any public office in the City for a limited
effect as if it were a Bill which had been passed by the Legisvisions, and must be able to secure access to water and power
holding the balance to be granted to "other " residents of the period any person seconded from the service of another State
facilities It is submitted that amongst the duties of the Special
.
Police Force enumerated in the first 4- lines of this paragraph,
the following- might also be included : "and for the maintenance
of free access to the City, and free access by the City to water
and power facilities."

Art. 6 — Flag, Seal and Coat of Arms

The Trusteeship Council may approve a flag, a seal and a
coat of arms lor the City .
j.
Art. 7 — Organs of Government
! For the Government of the City there shall be a Governor,
a Legislative Council and a Judiciary.
Art. 8 — Fundamental Human Rights and Freedo ms
1. All persons in the City shall enjoy freedom of conscience
and shall, subjec t only to the requirements of public order , public
morals and public health , enjoy all other fundamental human
rights ia;nd freedoms, including freedom of religion and worship,
language, education, speech and press, assembly and association,
and petition.
2. No discrimination of any kind on grounds of race, religion,
language or sex shall be made against any person in the City.
3. All person s in the City shall be entitled to equal protection
by the legislation of the City.
4. No one may be convicted except according to law, or be
punished except according to judicial sentence.
5. The legislation of the City shall ensure that accused per^
sons
shall have adequate rights of defence during all stages of
the oases to which they are parties.
6. The legislation of ohe City shall n either place nor recognize any restriction upon the free use by any person of any
language in private intercourse , in religious matters, in commerce, in the press or in publications of any kind , or at public
meetings.
7. Except as may be required for the maintenance of public
order , good government and public health , no measure shall be
taken to obstruct or interfere with the enterpri se of religious
or charitable bodies of all faiths , or ito discriminate on grounds
of relig ion or nationality against any representative or member
of such bodies.
8. The family law and personal status of the various persons
and communities and their religious interests, including endowments, shall be respected.
Art. 9 — Definition of Resident
For the purposes of Articles 10, 20, 21 and 40 of this Statute,
the following persons shall be deemed to be residents of the
City:
(ia) persons who were ordinarily in the area of the City
on 29 November 1947 and have remained ordinarily so resident since that date:

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City. Nor could the fixing of a permanent ratio between the
various groups , whatever t heir real proportion at any time may
be, be termed the "proportional representation," although that
principle be reta ined within the groups .
The references in the preamble to fostering cooperation and
to encouraging peaceful development of the m u t u a l relations
between the two Palestinian peoples would rather sound like empty
verbiage after these provisions. ,The impossibility of forming any
political part y or any economic trend or movement in which both
sections of the population would pursue: their joint interests,
may doom cooperation to failure from the beginning.
Moreover, these "other" residents of the City, predominantly
Armenians and Greeks, (the European Christians are a very small
minority) now to such an extent identify themselves with the
Arab Christians, to whom many of them are also tied by bounds
of marriage and business association , that the proposed arrangement would give a clear preponderance to the Arabs. The Jews
form now, and have for many decades formed, a majority in Jerusalem, Their representation on the Municipal Council was that of
one-half, and elections were held on common election ticket in
several boroughs . The creation of the City of Jerusalem brought
down their majority to equal ity, but the proposed arrangements
would reduce them to the status of a minority.
In thi s connection, it may be noted that Art. 25 of the Draft
Statute, Paras, ii, 7 and 8, gives a simple (majority of the members
power to convene an extraordinary session of the Council, a quorum
and power of decision . As drafted at present, it would be sufficient
for the Arab members to persuade, intimidate, or by other means
acquire the concurrence of one "other" member to exercise all
the powers mentioned. This would reduce the Jewish section of
the population to the same position of a minority as is envisaged
by alternative "B ," — a position in which the willing cooperation
of the Jewish section would be frustrated .
. . .Moreover , the favouring of the minority of "others" with
10 per cent of the seats, while their number does not reach 1 per
cent, is not in consonance with th<* basic principles of the Plan,
and might lend itself to unfavourable comment and interpretation.
The arrangement laid down by the Mandatory Administration ,
which the Jews as the majority did not regard as giving thera a
fair proportion of seats in relation to their numbers, allocated
to the Jews 50 per cent of the seats, whH & the non-Jewish communities were allocated the other 50 per cent. The absence of a
fair provision for holding the balance between the two led to the
suspension of the Municipal Council. It is most earnestly urged
that the arrangements to be now enacted ought to guard against

such pitfalls.
3. The conditions for the acquisition of citizenship of the
City by persons who become residents after the date of the
coming into force of this Statute, and, subject ito paragraph 2
of this article, the circumstances in which citizens of the City,
including those who have become citizens by virtue of paragraph
2 of this article, shall cease to be citizens of the City, shall be
such as are laid down by the legislation of the City.
It would be desirable that this paragraph conclude with a
provision similar to that of Art . VII of the Mandate for Palestine: "There shall be included in any nationality law provisions
framed so as to facilitate the acquisition of citizenship of the
City by its! residents."

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State-

Art. 18 — Oaths of Office

The Governor, the Chief Secretary, the Judiciary, the
members of the Council of Government , the members of the
Legislative Council , the members of the special police force for
which provision is made in paragraph 4 of Article 5 o;f this
Statute, and such other officers of the City as are required
by Instructions of the Trusteeship Council to take oaths or
make affirmations shall take isu ch oaths or make such affirmations as are specified in Instruction s of the Trusteeship
Council.
G Verament" OU *bt * C0UP^ *° **»« "Co"ncil
'
of AaSfra"i»n "

19 ~~ Actm R Governor

.
j t the
«&£
««„<> of
th* office
If
Governor is vacant, or if the Governor is absent from the City or unable to exercise his powers or perform
his duties, the officer holding substantively the appointment of
Chief Secretary, or, if there is no such -officer or he is absent
from the City or unable to act , such person as may have been
authorized to act in the circumstances by Instructions of the
Trusteeship Council, may exercise all the powers and perform
all the duties of the Governor so long as the office of Governor
is vacant or the Governor is absent from the City x>r unable to
exercise his powers or perform his duties.

Legislative Council
£ "" The
i1. A* Legislative
T _, $**!' 2Council
consisting of a single chamber, com^ of citizens of the City over twenty-five years of age , shall
posed
have Powers of legislation, including taxation
in accordance
ad, Pt
'
oK o and
0 *, A adopt
n J ~4. resolutions
with
mav
Statute, and may
deliberate
* ,..and
Y Hftlih^r
"{Qthis Statute

^-Solutions,
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°

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consistent
a
n t with
cne Provisions
provisions of
ot this ^
Statute , upon any matters
. JV 1L" the
.,
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&ITectIng
affecting the interests of the City.
* (2. The Legislative Council, durinj? the
i-, fir«afc fcenn w>,n™
a f fper
r
J 6®-™ ari
A ¦
the entrv
i n t o fnrr*. ^f +^ ; D ca+o*..,*.
™*
?".tr J,*";t ° t0rC€ °* this Statute, or until it is amended, shall
consist or lorty members of whom eighteen members shall be
separately elected by the Arab residents of the Citv eisrhteen
members shall
be separately elected by the dewi&n
Jewish residents ot
of
JT„»„v
p^., and, four
Y AA,
+v.-. Uty
members

b ~mty r OU s e e t h e m
on all roads in this
L
\ country, serving you
IP wherever y o u live

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shall be separately elected by the
™f
tne residents of the City : Provided that the proceedings of
j ? J:
'"ie Legislative Council shall not be invalidated by reason of a
vacancy in its membership.)

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• The working Committee did not adopt paragraph 2 and two
alternatives were laid before it , of which the t exts are ' as follow :
2. The Legislative Coum-il , d u r i n g the first ten years after the
entry into force of this Statute, or until it is amen ded, shall consist of forty members of whom eighteen members shall represent
the Arab residents of the City, eighteen members shall represent
the Jewish residents of the City and f o u r members shall represent
the other residents of the City. In order to enable all voters to

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