29 of November 1947
Between the UN 181 Resolution (Partition Resolution) and the international day of Solidarity with the Palestinian People.
By Ali Huwaidi
For The Palestinian Return Centre (PRC)
& Thabit organization For the Right of Return
Introduction
On the 29th of November 1947, and on its second term, the UN General Assembly issued Resolution 181, recommending the Partition of Palestine into two states; a state for the Arabs, who were the majority, with 42.8 percent of the Palestinian land, and the other for the Jews, who were a sizeable minority, with 55.47 percent of the land. As for Jerusalem and Bethlehem cities, the resolution recommended they remain under an international supervisory ruling. The decision was backed by 33 countries, (Australia, Belgium, Bolivia, Brazil, Byelorussian SSR, Canada, Costa Rica, Czechoslovakia, Denmark, Dominican Republic, Ecuador, France, Guatemala, Haiti, Iceland, Liberia, Luxembourg, Netherlands, New Zealand, Nicaragua, Norway, Panama, Paraguay, Peru, Philippines, Poland, Sweden, South Africa, Ukrainian SSR, United States, Soviet Union, Uruguay, Venezuela). 13 countries voted against it (Afghanistan, Cuba, Egypt, Greece, India, Iran, Iraq, Lebanon, Pakistan, Saudi Arabia, Syria, Turkey, Yemen). The 10 that abstained were (Argentina, Chile, Republic of China, Colombia, El Salvador, Ethiopia, Honduras, Mexico, United Kingdom, Yugoslavia). On the second of December 1977 the UN General Assembly issued a resolution on its second general meeting number 91, the resolution is numbered as G3/3.50 and considered that the 29/11/1947 as an International Day of Solidarity with the Palestinian People. Since 1978, the UN celebrates this occasion as well as all Palestinian groups and friends of Palestine who support Palestinian rights worldwide.
Every year the Committee related to the exercise of the Inalienable Rights of the Palestinian people holds a special meeting attended by UN Secretary-General and the President of the Security Council and General Assembly President. A number of states representatives take part in which all the attendees express their solidarity with the Palestinian people. The UN Secretary-General issues a special message which hopes to achieve a just and lasting peace in accordance with the resolutions of the Security Council. However, the Palestinian refugees and their right of return of No. 194 are never mentioned.
As requested by the General Assembly at its sixty session and in accordance with resolution 60/37 issued on the 12th of Jan 2005 from Commission and the Division for Palestinian to organize "; an annual exhibition on Palestinian rights or a cultural event in cooperation with the permanent observer delegation of Palestine at the United Nations.
The Idea of Partitioning Palestine:
Britain was central to partitioning Palestine. The idea goes back 10 years prior the issuance of the resolution at the General Assembly. Specifically, it appeared on the 7th of July 1937 (19 years into the Mandate). On August 1936, Britain formed a committee headed by Lord Robert Bill which later was known as “Bill Committee” the committee aimed to investigate the reasons behind the Palestinian uprising of April 1936. The committee included 6 members and concluded after 6 months. It advised the Government of Britain to take measures in ending the mandate and divide Palestine into 2 states, 1 for the Arabs and 1 for the Jews. It also said that both of Bethlehem and Jerusalem should remain under British Mandate. This was the first time where the idea of partition was broached. The committee further added, “As long as the Arabs consider the Jews as invaders, intruders, and as long as the Jews are committed to expand at the expense of the Arabs; the only solution is to separate the two peoples. A Jewish state can be established in the territory of which the majority of the population is Jews and an Arab state in the other areas. Consequently, the Arabs held a general Conference called (Palestinian Conference Arab Bloudan) in Damascus after a request by the "Committee to Defend Palestine" on the 8th, 9th of September 1937. It was the first Arab conference to discuss the Palestinian issue where participants expressed their total refusal to divide Palestine. They announced that "Palestine is an integral part of the Arab homeland” They also rejected the Mandate, Balfour Declaration, Jewish immigration and land partitioning. They also announced resistance of the establishment of a Jewish state."
Partitioning idea appeared once again through “Morisson Project” or “Federal System Project” suggested by Britain to the Arabs at London Conference in 1946. It suggested that Palestine be divided into 4 governorates.
1- A Jewish area where most of the Jews live.
2- Jerusalem, Bethlehem and the neighboring areas.
3- Neqiv area.
4- An Arab area which includes the rest of Palestinian lands.
Both of Arab and Jewish areas are to be granted self-ruling.
As Britain realized that its partitioning project failed in getting an Arab consent; it had changed its track after the 1946 London conference. The track was partitioning Palestine and establishing Israel by going to the United Nations where the United States of America has a strong influence. For its part, the Zionist Movement started to focus its pressure over the US government as it had realized it was the only way to pass the partitioning resolution at the UN.
A conference took place in San Fransisco at the end of the 2nd World War on 25th of April 1945. It was attended by leaders of key countries in order to develop a draft international convention aimed at bringing peace between the countries. Around 50 state delegations participated during that event. On October 24th of 1945 a charter was ratified by a majority of the countries. The UN then began its first session in February 14th, 1946 attended by 51 countries.
In describing the efforts of the Zionist movement to pressure the countries opposed to the partition to change their positions; the Zionist, David Hurwicz wrote, " met at the UN premises and consulted ways and means to change the course of events. Telephones quickly and frantically rang. Telegrams were sent from all parts of the world. We have awakened some people from their sleep middle of night to send them on strange missions. The strangest thing of all, is that any Jew or a Zionist influence (those who refuse to help us before) they gave us all helps either small or big in attempt to get what we sought.”
The Importance of the Partition:
Resolution 181 is the most important decision by the United Nations in its dealings with the Palestinian cause. It is considered the core basis upon which the State of Israel was established. Politically speaking, it is the most important and dangerous decision of all international resolutions as it addresses the issue of land and population at the same time. To retreat or give up this resolution is to undermine the sovereignty and legality of the “historical right of the Jews in Palestine”. Resolution 181 gives the occupation a legal and historical cover that contradicts other moral and legal principals and historical facts. It supports the policy of occupation and undermining political self determination.
Despite the illegality of the resolution, (as we'll explain later) Israel did not implement the partition 181 resolution. It has continued to implement the ethnic cleansing policy against the Palestinian people through systematic killings at the hands of Zionist gangs. It scared the Palestinians and forced them to migrate in order to steal their property and land. Statistics indicate that despite a sinister wisper campaign which struck fear into the Palestinians, 89 percent of the Palestinian were ethnically cleansed by force and only 10 percent left due to propaganda.
Israeli occupation, not only controlled 55.47% of the area allocated in the Palestine partition resolution181. It has continued its expansionist policy and annexed 78% of the entire land of Palestine. Till now it continues its occupation of remaining Palestine including some parts from Syria, Egypt and Lebanon. Despite the issuance of resolution 242 on the 22nd of November 1967 which demands that Israeli forces should withdraw from the lands that it has occupied. And also despite resolution 383 on the 22nd of October which affirms the implementation of resolution 242; Israel remain defiant not to implement any of the resolutions that is not to its liking.
The illegality of the Partition Resolution
The international law experts believe that "granting the Board of the League of Nations a mandate for the British government over Administration of Palestine, did not give Britain the right to deny sovereignty to the indigenous population,"
The legal status of Palestine in accordance with international law in the Mandate period and on 15 May 1948 is as follows: During the Mandate period, the people of Palestine had an independent international status. They had sovereignty over the territory and Palestine had its own character which was unlike Mandate State (Britain), theoretically speaking, the management of the land was the right of the people of Palestine when the Mandate was terminated.
When the mandate ended the restrictions imposed on the Palestinian people to practice their right of full sovereignty ended too. Thus, the Palestinian people became qualified to self-govern and decide its destiny in accordance with democratic principles; especially given that the Palestinians were the majority that time. However, the United Nations General Assembly didn’t respect that right and recommended that Palestine be partitioned. This doesn’t mean that Israel has won the legal sovereignty over Palestine. The resolution also fully ignores the aspirations of the Palestinian people who are the majority. The resolution also lacks the legal grounds as the UN General Assembly has no right to demand such a proposal. It has no right to grant Israel any right in Palestine as constituted in the 181 resolution. Israel can’t obtain any legitimate right from the resolution.
Thus, the 181 resolution is considered illegal and cancelled for 4 reasons:
First, according to the UN charter the mission of any mandate is to help prepare peoples for self-determination and build their establishments for an independent state. If they fail, then an International Mandate is formed (unlike the normal mandate) until the people are able to self-govern. However the UN didn’t do this.
Second, General Assembly doesn’t have the right to amend or change the principles of the mandate. Even if it has perceived that the best solution for the Palestinian cause is partition. This is not a binding decision but can be a suggestion or a recommendation in accordance with article 10 of the UN charter. This suggestion, not in any way, can hurt the solid rights of the Palestinian people. Strangely, Israel and its allies adhere to this resolution (suggestion) and they lend it a legally binding absolute status. Strange, at the same time, they don’t respect any of the General Assembly’s resolutions concerning Palestine or its people’s rights. They say, “they are just recommendations”.
Third, According to the charter, the UN doesn’t have the right to establish a state and cancel another existing one. Thus, 181 resolutions to partition Palestine to two states is illegal.
Fourth, On May 1948, the United States retreated over the partition idea. Its envoy withdraws the endorsement of his state because it can only be implemented by force. He suggested that Palestine should be put under an International mandate before bringing the case to the UN again. The US, presented a draft resolution to the Security Council and was approved. Then, the General Assembly endorsed it on 14th May 1948 and issued a resolution exempting Palestine from any responsibilities set forth in Article 2 of the partition resolution. Which means that even if the General Assembly had the right to decide the partition of Palestine to create a new state for Zionists of the Diaspora on the ruins of an existing state, it has retreated on its same decision after it has okayed it which makes it void.
Thus, the 181 is considered void as it opposes the rules of International law as stated on the UN charter. This is because it’s not the authority of the General assembly to issue it. It’s also cancelled as it goes beyond the limits of the international trusteeship system.
The Idea of Solidarity Day
On the 2nd of December 1977, the UN General Assembly considered the anniversary of the partition of Palestine as a day of international solidarity with the Palestinian people. However, the importance of that day was supposed to take practical form with the promise of British Foreign Secretary Arthur Balfour on 2 November 1917. Thus, it is a very strategic pillar that needs to be taken care of to create solidarity with the Palestinian people who are threatened with murder, deportation, and land and property confiscation.
With the collapse of Ottoman Empire and the commencement of British Mandate on Palestine in 1918, the issue of International Solidarity with Palestine became crucial. This was in part due to the policies adopted by the British against the Palestinians during the mandate period. This period covered up crimes and massacres by the Zionist gangs against the Palestinian people as well as smuggling of weapons for these gangs (Haganah, and Stern and Argon). These gangs, who came from Russia and Czechoslovakia in particular, under the authority of the former Soviet Union, created a hostile environment. Also the mandate facilitated Jewish immigration to Palestine which led to the displacement of one third of the Palestinians. Around 130 thousand Palestinians were expelled from Haif and Yafa cities before the creation of Israel in 15th May 1948.
The need for Solidarity with the Palestinian people reached the peak when 2 incidents took place:
The first, when the establishment of Israel resulted in displacing around 1 million of Palestinians all over the world. Secondly, when Israel (Occupation state) was accepted as a member at the UN. It’s worth mentioning that Israel used tricks in order to get accepted as an international member at the United Nations. After a year of the partition resolution, Israel submitted a request for membership of the UN Secretary-General. It was refused by the Security Council on the basis that it’s still a new country that didn’t fulfill all the obligations of the UN charter. Then, it submitted a new request in1949 where it obtained a recommendation from the Security Council on 1949. On the 11th of May 1949, the General Assembly accepted Israel as the state number (59) at the United Nations. This agreement represents a collective recognition of Israel. The acceptance of Israel was conditional on Israel being committed to the charter of the UN by implementing the partition resolution and resolution 194 concerning the Palestinian Refugees. Israel was the only state to be accepted conditionally.
Later, Luzon conference took place on the 12th of May 1949 where its protocols included: “that Israel should recognize the Right of Palestinians to Return and also implement the partition resolution.” Israel pretended that it will accept both yet it remains defiant by refusing both as well as the many UN resolutions that followed. For 6 decades, Israel proved that it doesn’t respect any accords or International resolutions that prohibits ethnic cleansing against Palestinians. Additionally, she violates the International Declaration of Human Rights, the Geneva Refugee Convention and the Convention of Political and civil Human Rights. Israel also refuses all the protocols that concern the Palestinian Refugees like (Right of Return, Right of Compensation, Property Restoration, the right to self-determination, the right of people to choose their representatives)
It seems that the attempts of the United Nations, especially European countries to atone their sin of persecuting Jews during World War 2 in 1945 had created the biggest Refugee problem in the world which is the Palestinian Diaspora. Those countries did this by facilitating the migration of the Jews to Palestine and by providing all the necessary financial and logistical support for them. Besides, they gave them the political and legal cover. The number of Palestinian Refugees was 1 million and it’s more than 7 million now. Those countries still pay a high price for their mistake. The international community under the influence of huge worldwide sympathy with Palestinian refugees formed a UN body to shoulder the responsibility address the Palestinian Refugees problem. The body was created to relive pressure of decision makers and to implement the Israeli-American vision which aims at resettling the refugees in the host countries. Therefore on the 19th November 1948, resolution 212 was issued by the General Assembly to form a special fund for Refugee relief. Later it was replaced by the United Nations for Relief and Work Agency (UNRWA) under resolution 302. That time, the International community started to perceive the Palestinian people as a group of Refugees who are in need of shelter, clothing, food and medications. Their case became individual after being a cause of an entire nation that needs self-determination and Right of Return. The UNRWA attempts failed to achieve what was needed. It turned into a witness on the Nakba of Palestine.
In 1977, there was an awakening of the UN conscience to atone the sin it perpetrated against an entire people through the establishment of "State of Israel," and causing the refugee problem? That date witnessed the announcement of the Palestine Day of Solidarity with the Palestinian people. Why did not the UN choose for example Nakba as a date of solidarity? Why this announcement was on the year 1977 and not before? It is three decades time, between the Nakba and this announcement.
It is Interesting that according to the justifications and the steps that lead the decision on global solidarity with the Palestinian people; and on the page number 48 stated literally: “The General Assembly examined the report of the “Committee of Palestinian People to Exercise their Inalienable Rights” and looked at the statement of the PLO and thus felt deeply concerned of the lack of a just solution to the problem of Palestine and of the fact that this problem is still there. Thus, this will exacerbate the conflict in the Middle East and endanger international peace and security” This shows, from one side, the link between the shift of the political course of the PLO and opening the doors for Yasser Arafat to the United States where he delivered a historic speech before the General Assembly in New York in 1974, and between the issuance the solidarity resolution. For the first time, Arafat declared that a Palestinian state will be established on the 1967 borders which meant recognizing (the state of Israel) and giving up 78% of the land of Palestine. This eliminates the right of Palestinian refugees return to their homes including those International Displaced Palestinians (IDPs) inside occupied Palestine in 1948 land. This was followed by many "rewards" for the PLO the first of which was after the historic resolution 3236 of the General Assembly nine days after Arafat's speech. It was on 22/11/1974 where the resolution was adopted with the consent of 89 countries, 8 voted against and 37 abstained. The resolution affirms the inalienable rights of the Palestinian people, including:
1 - The Right to self-determination far from external intervention.
2 - The Right of the Palestinian people to independence and national sovereignty.
3 - The Right of the Palestinians to return to their homes. General Assembly calls on them to be returned.
4 - General Assembly recognizes the Palestinian people are a key player in achieving a just and solid peace in Middle East. It also recognizes the right of the
Palestinian people to restore their rights by all means in accordance with the purposes and principles of the UN Charter. It also calls upon all countries to increase their assistance to the Palestinian people in their struggle to regain their legitimate rights.
This is to give the impression that "serious steps towards peace" (which means recognizing Israel) require concessions that will pave the way for the recognition of the existence of the Palestinian people and establish their independent state on the 1967 borders. This was stated in Oslo, Madrid and Geneva accords.
This was all useless and only gave Israeli occupation more time to achieve further gains (Facts on the Grounds) on the ground. The speech of Mahmoud Abbas in the General Assembly at the United Nations on September 23 in 2011 to gain recognition of Palestinian state, presented more concessions where he talked about the recognition of the "State of Israel,” on 80% of the land of Palestine including the plans of land and population swap. This means eliminating directly the Right of Palestinian Refugees to return.
Despite our reservations on the partition resolution, it was more worthy of President Abbas to call for a Palestinian state in accordance with Resolution 181; As Mr. Abbas did not mention the Right of Return.
To gain more concessions (From the Palestinian side), the General Assembly admitted the Palestinian Liberation Organization (PLO) as an observer member. It also accepted the PLO as a member in all the United Nations bodies and conferences. Resolution 3236 was issued with 90 votes, 17 against and 19 abstainers. Then Resolution 3376 to establish a “Committee of Palestinian People to Exercise their Inalienable Rights”
Conclusion:
The Palestinian people are in need of an International Day of Solidarity. They have succeeded on the level of civil society organizations as well as political and local level to invest on this day to present their just cause to the world. It is an opportunity to clarify and explain the stages of partition resolution, loss of land, killing and displacement of the population. It is also a chance to explain how millions of Jews from different parts of the world replaced our people in Palestine. This day is also a reminder of how the Israeli represses Palestinians and how their allies provide unconditional support even when great injustices are committed.
As a result of this Solidarity, the Palestinian started to achieve continuous success and at the global level. The international isolation of Israel is a consequence of the global solidarity movement which gaining momentum. It started with activists and now includes parliamentarians, ambassadors, former state presidents, journalists, former ministers, academics, artists and writers of different nationalities. The knowledge and realization about the nature of occupation and Palestinian conditions is a result of the efforts exerted by the friends of Palestine. Today, and every day, we are in need to build up on the years of work of the awareness on the Palestinian cause in general and the issue of refugees right of return, in particular. One day, we will achieve success through educating the emerging generation. The United Nations know that there is no way back to single out the Palestinian Rights, especially the right of return. Like all other nations, the Palestinian nation need to end the Israeli occupation, we are not an exceptional case. This is what the people need and want.
References:
1- The Archive of General Assembly Page48-55 - http://daccess-dds-
2- The message of Ban Ki Mon on the day of Solidarity with the Palestinian people.
3- The Palestinian encyclopedia, Voulme1, Print 1, Page 557
4- Aljazeera Channel:
http://www.aljazeera.net/channel/archive/archive?ArchiveId=1095323
5- Ghazi Sorani, Study on the Fixed Rights of Palestinian People 1/05/1998
