REPORT OF SUB-COMMITTEE 2
INTRODUCTIONThe link to the full report is at the bottom of the page.
Composition and terms of reference of Sub-Committee
1. Sub-Committee 2 on Palestine was set up on 23 October 1947 following the decision of the Ad Hoc Committee of Palestine to establish two Sub-Committees. By virtue of the authority conferred on him by the Ad Hoc Committee, the Chairman nominated the following countries as members of Sub-Committee 2: Afghanistan, Colombia, Egypt, Iraq, Lebanon, Pakistan, Saudi Arabia, Syria, and Yemen. ...
85. While the task of framing a constitution must naturally be left to the Constituent Assembly, the Sub-Committee feels that it should indicate in general terms the main principles on which the future constitution be based. These are summarized below:
(a) Palestine shall be a unitary and sovereign State.
(b) It shall have a democratic constitution, with en elected legislature and an Executive responsible to the legislature.
(c) The constitution shall provide guarantees for the sanctity of the Holy Places covering inviolability, maintenance, freedom of access and freedom of worship in accordance with the status quo.
(d) The constitution shall guarantee respect for human rights and fundamental freedoms without distinction as to race, sex, language or religion and freedom of religious belief and practice in accordance with the status quo (including the maintenance of separate religious courts with matters of personal status).
(e) The constitution shall guarantee the right of religious bodies or other societies and individuals to maintain, in addition to educational establishments administered by public authority, educational institutions of their own, subject to normal government supervision and inspection.
(f) The constitution shall recognize the right of Jews to employ Hebrew as a second official language in areas in which they are in a a majority.
(g) The Law of Naturalization and Citizenship shall provide, amongst other conditions, that the applicant should be a legal resident of Palestine for a continuous period to be determined by the Constituent Assembly.
(h) The constitution shell ensure adequate representation in the Legislature for all important sections of the citizenry in proportion to their numerical strength.
(i) The constitution shall also provide for adequate reflection in the Executive and the Administration of the distribution of representation in the Legislature.
(j) The constitution shall authorize the Legislature to invest local authorities with wide discretion in matters, connected with education, health, and other social services.
(k) The constitution shell provide for the setting up of a Supreme Court, the jurisdiction of which include inter alia, the power to pronounce upon the constitutional validity of all legislation, and it shell be open to any aggrieved party to have recourse to that tribunal.
(i) The guarantees contained in the constitution concerning the rights and safeguards of the minorities shall not be subject to amendment or modification without the consent of the minority concerned expressed through a majority, of its representatives in the Legislature.