COMMENTS BY THE MEDIATOR ON THE ARAB COUNTER- COUNTER-SUGGESTIONS,

TRANSMITTED TO THE POLITICAL COMMITTEE OF THE LEAGUE OF ARAB STATES

BY LETTER DATED 5 JULY 1948 In the letter of 3 July setting forth the views of the Political

Committee of the League of Arab States on my suggestions, there was attached a "proposal as a basis for discussion" under the heading

"Draft of the Constitution and future Government of Palestine". I have studied this proposal with great care and now wish to communicate to you my views on it.

1. You will understand, I hope, that I must analyse and appraise your proposal in the light of my role as Mediator. As Mediator my

fundamental] approach to any proposal must always be an assessment of the possibility it may afford for promoting a peaceful adjustment of the future situation of Palestine. In this regard, you will recall that in paragraph 6 of the introductory statement to my suggestions, I pointed

to surrender completely its position". I take this opportunity to reaffirm that conviction.

2. You will agree with me, I feel sure, that the proposal you have put forth incorporates in outline the basic tenets of the Arab position as presented to me in our earlier discussions. I gather that, on the whole, it is not designed to be a compromise proposal but rather a concise formulation of the Arab position. Although there is no commentary accompanying the Arab proposal, I take it for granted that it was not put forth on any assumption that the Jews would be likely to accept it as a basis for discussion.

3. As to the specific provisions of your proposal I may offer the following brief comments:

(a) In paragraph I of your proposal I note that the principle of

proportional representation is recognized. In this regard, however, the use of the term "citizenry" involves an element of ambiguity, since the crucial question, from the standpoint of the Jewish minority, is the basis of determination of citizenship and a clear indication of how many of the Jews now in Palestine would be accepted as citizens in the proposed new unitary, sovereign State of Palestine. Paragraph 4 (VII) leaves this question entirely open. Moreover, a relevant question arises regarding the fate of those Jews not to be accorded citizenship rights.

(b) The system of proportional representation in paragraph I applies to the proposed provisional government. The principle of proportional representation in the permanent machinery of government is not as clearly set forth in the other paragraphs of the proposal, although this may have been the intent of paragraph 4 (VIII).

(c) In any case, however, the net effect of the proposal would be that the Jewish community of Palestine would become a permanent cultural and political minority in the unitary State of Palestine. The

inclusion of the proportional representation provision in the Arab proposal is an apparent recognition of this fact.

(d) In paragraph 4 (VI) it is noted that the right of Jews to employ Hebrew as a second official language applies only to "areas in which they are in a majority". This would seem to be a very severe limitation on the recognition of the cultural rights and privileges of a substantial minority group. Moreover, the meaning of "areas" in this context is extremely ambiguous.

(e) Paragraph 4 (IX) similarly presents a very narrow version of accepted practice as regards municipal autonomy, since local

authorities may be vested with discretionary power only with respect to "social services".

(f) It is of considerable significance that paragraph 4 (x) gives no hint as to the intended composition of the proposed supreme court or of the basis of selection of its members.

(g) The provision of paragraph 4 (XI) would seem to provide an adequate safeguard for such of the rights of the minority population as might be specifically enumerated in the proposed constitution, but no more than this.

(h) It is noteworthy also that the proposal makes no reference to economic rights, to immigration, to the police forces, or to the defence force of the proposed unitary State.

4. It may be contended with considerable cogency that the creation of a unitary and sovereign State in Palestine with the processes of government based on proportional representation, is fully consistent with democratic principles and procedures. But this does overlook

were permitted to maintain their separate and virtually autonomous cultural and political institutions. Moreover, this Jewish community, from whatever motives and for whatever reasons, is imbued with an intensely nationalist spirit, a nationalism which rivals in intensity the nationalism of Palestinian Arabs.

5. A unitary State of Palestine with a substantial minority population of this kind could only be a troubled State unless the minority population and its nationalist aspirations were thoroughly crushed by forceful measures. It is futile to assume that the Jewish community could undergo a rapid change of heart.

6. You will understand. of course, that I have come to this problem as a Mediator. I have come to try to mediate a dispute between two parties locked in a violent conflict. And what do I find? I find in Palestine a substantial area which is fully under Jewish control, proclaimed as the territory of a Jewish State, and with a Provisional Government which has been recognized by a number of States.

Whatever may be the merits of its existence or the conclusions as to how this Jewish political entity came to be, the fact remains that it is there.

7. Now, in your counter-suggestions it is proposed to eliminate this separate Jewish political entity by creating a unitary State in the whole of Palestine. But there is no suggestion as to how this is to be done.

May I inquire whether there are any views as to how this might be done by peaceful means? As Mediator I am directed by the resolution of the General Assembly "to promote a peaceful adjustment of the future situation of Palestine". I am fully convinced that there is no possibility whatsoever of persuading or inducing the Jews to give up their present separate cultural and political existence and accept merging in a unitary Palestine in which they would be a permanent minority. The alternative method of achieving the Arab objective would be to wipe out the Jewish State and its Provisional Government by force. This course, as Mediator, I obviously cannot recommend.

4. LETTER DATED 5 JULY 1948 ADDRESSED TO THE UNITED