Page:Proposals for the Future of Palestine – July 1946-February 1947, Cmd 7044.djvu/6

 (vi) The constitution should provide guarantees for:

(a) Full rights of citizenship for:

(1) Any person falling under Part I and, subject to (3) below, any person falling under Part II of the Palestinian Citizenship Order, 1925–41.

(2) Any person who acquired Palestinian citizenship by naturalisation before May 1939.

(3) Any person who acquired Palestinian citizenship after May 1939, under the Palestinian Citizenship Order, 1925–41, and has been permanently resident in Palestine for a period of ten years.

(4) Any person who in future acquires Palestinian citizen­ship by naturalisation under the new law of naturalisa­tion referred to in sub-paragraph (v) above.

(b) The right of any resident in Palestine to apply for and acquire Palestinian citizenship on the same terms and conditions without discrimination on grounds of race, religion or language.

(c) The right of religious bodies or other societies and individuals to maintain, in addition to educational establishments administered by public authority, private schools and universities, subject to the compulsory teaching of Arabic in the schools and to Government control for the purpose of maintaining educational standards and preventing sub­versive teaching with the object of creating common allegiance.

(d) The right of Jews to employ the Hebrew language as a second official language in districts where they form an absolute majority.

(e)—1. Securing that the electoral law for the Legislature shall provide for the adequate representation of all the important sections of the citizenry, as defined in sub­paragraph (a) above, provided that in no case shall the number of Jewish representatives exceed one-third of the total number of the members.

2. Securing that the constitution shall provide for the adequate reflection in the Executive and the Administration of the distribution of the representation in the legislature.

(vii) Unless and until legislation provides otherwise, Jewish immigration into Palestine should be entirely prohibited, and the existing land transfer restrictions should remain unchanged. The constitution should provide that any change in the above two matters can only be effected by law requiring the consent of the Arabs in Palestine as expressed by a majority of the Arab members of the Legislative Assembly.

(viii) The guarantees concerning the Holy Places should be embodied in a declaration made to the General Assembly of the United Nations by the Independent Palestine State, which would bind itself thereby that those guarantees should not subsequently be modified without the consent of that Assembly.

(ix) The guarantees concerning the rights of the Jewish citizens which are prescribed in the preceding provisions should not be subject to amendment without the consent of the Jewish citizens of Palestine as expressed by a majority of the Jewish members of the Legisla­tive Assembly.

(x) Machinery should be provided, through the establishment of a Supreme Court, for determining whether any legislation is incon­sistent with the provisions of the constitution, and it should be open to any citizen of Palestine to have recourse to that tribunal.

5. When the constitution had been adopted, the Provisional Government would proceed forthwith to hold the first parliamentary elections. The first Head of the Independent Palestine State would then be appointed, by what­ever procedure was bid down for the purpose in the constitution. The Head of the State would forthwith assume full powers under the constitution. The Mandatory Power should effect the termination of the Mandate and recognise the independence of Palestine. A Treaty of Alliance should be concluded to define the future relations between His Majesty's Government, in the United Kingdom and the Independent State of Palestine.

6. During the transition period, substantial numbers of Palestinians should be progressively brought into the administration.

7. Every effort should be made to complete with the least possible delay the stages described in the preceding paragraphs, notwithstanding the non­-co-operation of any section of the Palestine citizenry. The assumption of powers by the Head of the Palestine State should take place not later than 31st December, 1948.

1. Article 2 of the Mandate for Palestine defines the responsibilities of the Mandatory Power in the following terms:

(a) To place the country "under such political, administrative and economic conditions as will secure the establishment of the Jewish national home, as laid down in the preamble."

(b) To place the country under such conditions as will "secure the development of self-governing institutions."

(c) To safeguard the civil and religious rights of all the inhabitants of Palestine, irrespective of race and religion.

Article 6 of the Mandate, which deals with Jewish immigration and the settlement of the Jews on the land, reads in part as follows: ""The Administration of Palestine, while ensuring that the rights and position of other sections of the population are not prejudiced, shall facilitate Jewish immigration under suitable conditions.""