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United Nations General Assembly Resolution 194

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UN General Assembly
Resolution 194
Date December 11 1948
Meeting no. 186
Code A/RES/194 (III) (Document)
Subject PalestineProgress Report of the United Nations Mediator
Voting summary
35 voted for
15 voted against
8 abstained
Result Adopted
1948 Palestinian exodus
Man see school nakba.jpg
Main Articles
194748 civil war
1948 ArabIsraeli War
1948 Palestine war
Causes of the exodus
Nakba Day
Palestinian refugee
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Palestinian right of return
Palestinian return to Israel
Present absentee
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Resolution 194
Background
Mandatory Palestine
Israeli Declaration of Independence
IsraeliPalestinian conflict history
New Historians
Palestine Plan Dalet
1947 partition plan UNRWA
Key incidents
Battle of Haifa
Deir Yassin massacre
Exodus from Lydda and Ramle
Notable writers
Aref al-Aref Yoav Gelber
Efraim Karsh Walid Khalidi
Nur-eldeen Masalha Benny Morris
Ilan Papp Tom Segev
Avraham Sela Avi Shlaim
Related categories/lists
List of depopulated villages
Related templates
Palestinians
v t e
United Nations General Assembly Resolution 194 was adopted on December 11, 1948,
near the end of the 1948 ArabIsraeli War. The Resolution defined principles for
reaching a final settlement and returning Palestine refugees to their homes. It
resolved that 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 equity, should be made good by the Governments or authorities responsible.
(Article 11)[1]

The resolution also called for the establishment of the United Nations Conciliation
Commission to facilitate peace between Israel and Arab states, continuing the
efforts of UN Mediator Folke Bernadotte, following his assassination.[2]

Of the 58 members of the United Nations at that time, the resolution was adopted by
a majority of 35 countries, with 15 voting against and 8 abstaining. Significantly,
all six Arab League countries then represented at the UN Egypt, Iraq, Lebanon,
Saudi Arabia, Syria and Yemen, all of which were parties to the conflict in
question voted against the resolution. The other significant group which voted
against comprised the Communist bloc member countries: Byelorrusian SSR,
Czechoslovakia, Poland, Ukrainian SSR, USSR, Yugoslavia,[3] all of which had
already recognised Israel as a de jure state. Israel was not a member of the United
Nations at the time, and objected to many of the resolution's articles. The
Palestinians were not directly consulted.

The resolution, especially Article 11, has been cited in United Nations General
Assembly Resolution 302 establishing the UNRWA and other UN resolutions. It has
also been invoked in support of claims of Palestinian right of return, claims which
have been rejected by Israeli governments.

Contents [hide]
1 Content
2 International reception and interpretation
2.1 Article 11Refugees
3 Full text
4 Voting Results
5 See also
6 References
Content
The resolution consists of 15 articles:

Article/s Content
1 Recognition of the work of Mediator Folke Bernadotte.
2-6 Establishment of a Conciliation Commission.
7-10 Addressed the ways that Jerusalem and surrounding villages and towns should
be demilitarized, and how an international zone or jurisdiction would be created in
and around Jerusalem. As well as calling for protection and free access to the Holy
Places.
11 Addressed the issue of refugees and compensation for those whose property was
lost or damaged.
12-15 Functioning of the Conciliation Commission.
International reception and interpretation
Many of the resolution's articles were not fulfilled, since these were opposed by
Israel, rejected by the Arab states, or were overshadowed by war as the 1948
conflict continued until Armistice in 1949 between Israel and Transjordan.

UN Resolution 273 admitted Israel to the United Nations on May 11, 1949, "taking
note of the declarations and explanations made by the representative of the
Government of Israel" in respect of implementation of resolutions 194 and 181, to
which Israel did not commit itself to any specific action or timeframe. Israel has
since rejected any resolution calling on it to allow the Palestinians to come to
Israel. Since General Assembly resolutions are not binding, and only serve as
advisory statements, there can be no obligation or enforcement of Resolution 194.
[4][5][not in citation given (See discussion.)]

Article 11Refugees
See also: Palestinian right of return
Since the late 1960s, Article 11 has increasingly[by whom?] been quoted as a basis
for the right of return of Palestinian refugees. The UN General Assembly has
reaffirmed Resolution 194 every year since 1949.[2] Multiple subsequent resolutions
from the United Nations have reaffirmed the right of return, including General
Assembly Resolution 169 (1980),[2] and Security Council Resolution 237 (1967).[6]

Joshua Muravchik has contested this reading, pointing out that the text states that
the refugees "should be permitted" to return to their homes at the "earliest
practicable date" and this recommendation applies only to those "wishing to... live
at peace with their neighbors"[7].

Israel has not offered to readmit any refugees. The one exception was at the
Lausanne Conference, 1949, where a Joint Protocol was accepted by the Israeli
government and the Arab delegates on May 12, 1949 in which Israel offered to
repatriate 100,000 refugees in exchange for a comprehensive peace treaty with the
Arab states and for annexation of all territories it had captured up until the 1949
Armistice Agreements. The number would have included 50,000 refugees who had
already found their way back to their homes in Israel. The offer was quickly
withdrawn by David Ben-Gurion.

Full text
The General Assembly,
Having considered further the situation in Palestine,

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;
Establishes a Conciliation Commission consisting of three States Members of the
United Nations which shall have the following functions:
To assume, insofar 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;
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;
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;
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;
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;
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
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;
Instructs the Conciliation Commission to take steps to assist the Government and
authorities concerned to achieve a final settlement of all questions outstanding
between them;
Resolves that the Holy Placesincluding Nazarethreligious 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 proposal 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;
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 cooperate with the local authorities with respect to the
interim administration of the Jerusalem area;
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;
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;
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;
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 for the
protection of the staff and premises of the Commission;
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;
Calls upon all Governments and authorities concerned to cooperate with the
Conciliation Commission and to take all possible steps to assist in the
implementation of the present resolution;
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.
Voting Results
The result of the voting was the following:[8]

Approve

Argentina, Australia, Belgium, Brazil, Canada, China, Colombia, Denmark, Dominican

Republic, Ecuador, El Salvador, Ethiopia, France, Greece, Haiti, Honduras, Iceland,
Liberia, Luxembourg, Netherlands, New Zealand, Nicaragua, Norway, Panama, Paraguay,
Peru, Philippines, South Africa, Sweden, Thailand, Turkey, United Kingdom, United
States, Uruguay, Venezuela.

Reject

Afghanistan, Byelorrusian SSR, Cuba, Czechoslovakia, Egypt, Iraq, Lebanon,

Pakistan, Poland, Saudi Arabia, Syria, Ukrainian SSR, USSR, Yemen, Yugoslavia.

Abstentions

Bolivia, Burma, Chile, Costa Rica, Guatemala, India, Iran, Mexico.

See also
List of the UN resolutions concerning Israel
List of the UN resolutions concerning Palestine
Palestinian refugees
Jewish refugees
United Nations Conciliation Commission
References
Jump up ^ Resolution 194
^ Jump up to: a b c United Nations General Assembly Resolution 169 (1980), Article
66.
Jump up ^ Resolution 194 (III) @unispal; 11 December 1948 (doc.nr. A/RES/194
(III)).; Votes: United Nations Dag Hammarskjold Library
Jump up ^ CHARTER OF THE UNITED NATIONS: CHAPTER IV: THE GENERAL ASSEMBLY:
FUNCTIONS and POWERS: Article 10, Retrieved 7 August 2017
Jump up ^ General Assembly of the United Nations: Functions and Powers of the
General Assembly: Retrieved 7 June 2012
Jump up ^ United Nations Security Council Resolution 237 (1967)
Jump up ^ Muravchik, Joshua (2015-12-15). Making David into Goliath: How the World
Turned Against Israel. Encounter Books. ISBN 9781594038464.
Jump up ^ "A/RES/194(III)". UNBISNET. Retrieved 5 January 2013.
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Categories: United Nations General Assembly resolutions concerning IsraelUnited
Nations General Assembly resolutions1948 in lawIsraeliPalestinian peace
process20th century in Jerusalem1948 Palestinian exodus1948 in the United
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