Jewish Agency Submits Request to U.N. for Participation in Session on Palestine

The Jewish Agency for Palestine today formally asked the United Nations for an opportunity to participate, even without a vote, in the deliberation of the special session of the General Assembly on Palestine.

The request was submitted under the signature of Dr. Abba Hillel Silver, chairman of the American branch of the Jewish Agency executive. It stressed that under the terms of the Palestine Mandate the Jewish Agency has been recognized as the authorized representative of the Jewish people in relation to Palestine.

It also pointed out that the granting of its request “appears to be a matter of simple justice” since Britain and the Arab countries will be in a position to participate in all discussions and to vote on the issues which the Assembly will take up.

The Jewish Agency request emphasizes that under the terms of Article 21 of the U.N. Charter, the General Assembly has complete authority over its own procedure. It can, therefore, effect a ruling to authorize the attendance of the Agency as a body representing the Jewish people under the Palestine Mandate. The Agency recalled the fact that though Albania was not a member of the United Nations and its government did not even receive general international recognition, the U.N. Security Council discussion on the British-Albanian dispute was delayed for weeks until the arrival of the Albanian representative.

GENERAL ASSEMBLY CAN ACT ON PARTICIPATION OF NON-GOVERNMENTAL AGENCIES

Officials at the United Nations told the Jewish Telegraphic Agency that the Hebrew Committee for National Liberation submitted a similar request for participation. They pointed out that there is no rule under which such requests by non-governmental agencies can be acted upon by the Secretariat.

“The communications will have to wait until the General Assembly gets organized on Monday,” a spokesman said. “The Assembly will then set up a steering committee which will have to decide as to what to do with the non-governmental agencies. In the event that no such committee is established, the General Assembly will itself have to make the decision. In the meantime, Secretary-General Lie is circulating the communications from the Jewish Agency and the Hebrew Committee for National Liberation among member states of the United Nations for their information.”

SYRIA, IRAQ. LEBANON SUBMIT REQUESTS FOR TERMINATION OF PALESTINE MANDATE

Meanwhile, following the example of Egypt, the governments of Syria, Lebanon and Iraq today submitted identical requests to the U.N. Secretariat asking that an additional item, “termination of the Palestine Mandate and the declaration of the independence of Palestine” be added to the agenda of the special session.

A British spokesman today indicated that his government will oppose the request of the Arab countries for termination of the Mandate. Similar opposition is expected from the U.S. Government. The attitude of the British Government toward the U.N. session remains unchanged, the member of the British delegation said, adding that Britain prefers that the session confine itself to establishing a fact-finding committee. He emphasized, however, that the Arab request is subject to the will of ## delegates of all governments represented in the United Nations.

AGENCY CONSIDERS ARAB REQUEST VIOLATION OF INTERNATIONAL COVENANT

The Jewish Agency issued a statement saying that the request of the Arab countries to have the mandate terminated and to declare Palestine an independent state would violate the international covenant to assist the Jewish people to reconstitute their National Home in Palestine.”

“In the forthcoming sessions of the U.N., the Jewish Agency for Palestine will ask for the fulfillment of the Palestine Mandate, whose primary purpose was to insure the establishment of the Jewish National Home,” the statement said. “If the agenda of the special session can be broadened to include items other than the appointment of a commission, the one urgent question demanding priority of consideration is the immediate relaxation of existing restrictions, which, in violation of the Mandate, for homeless Jews from entry into their rightful home and subject the Jewish citizens of Palestine to an intolerable racial disability as regards freedom of settlement in their country,” it pointed out.

FULL TEXT OF JEWISH AGENCY LETTER TO LIE

The text of the Agency note to Mr. Lie asking representation at the Assembly reads as follows:

“A grave question arises in connection with this meeting owing to the non-representation in the General Assembly of the Jewish people which is so vitally and immediately concerned with the outcome of the Assembly’s deliberations. By contrast, five states, members of the Arab League, who have completely identified themselves with the interests of another party directly involved, the Arabs of Palestine, will be in a position to participate in all discussions and to vote on the issues to come before the Assembly. Great Britain, whose record as Mandatory Power will be submitted to the judgment of the General Assembly, will also be entitled to speak and vote on questions concerning her own conduct.

“By the terms of Article 21 of the Charter of the United Nations the General assembly has complete authority over its own procedure. The existing ‘Provisional rules of Procedure for the General Assembly’ are, as their title implies, still in the process of development and are undergoing constant change. A ruling can easily be effected to authorize the attendance of the Jewish Agency for Palestine, as a body representing under the Palestine Mandate the Jewish people, at the meetings of the special session and its participation in the discussions. In this connection, it may be recalled that the Charter of the United Nations, in Article 80, safeguards the rights established by existing international instruments of peoples as distinguished from states. The Palestine Mandate of the League of Nations, as one of these international instruments, acknowledges the existence of the Jewish people and, pursuant to that Mandate, the Jewish Agency for Palestine has been recognized as the authorized representative of the Jewish people in relation to Palestine.

“In these special circumstances, and having regard to the far-reaching import of the points at issue for the future of the Jewish people, the grant of the Jewish Agency’s request appears to be a matter of simple justice. Decisions are vitally affected by the methods by which they are reached and contain the characteristics of their genesis. Just decisions are not likely to result from unjust procedures and it would offend the most elementary notions of fair play if one party to a controversy should be represented in its adjudication, while the other party should be ex cluded. Nor would inequitable procedures be consonant with the ideals and principles of the United Nations whose Charter, both in its Preamble and Article 1, recognizes justice and respect for international law as basic canons of conduct.

“There is, moreover, precedent for the representations before the United Nations of interested parties who are not members of the United Nations. Thus, it will be recalled that discussion before the Security Council of the British-Albanian dispute concerning the mining of the Corfu waters was delayed for weeks until the arrival of the Albanian representative. Not only was Albania not a member of the United Nations, but its Government had not received general international recognition.

“It is, accordingly, in conformity with equity, international law and the precedents of the United Nations that the Jewish people, through the Jewish Agency for Palestine, be afforded an opportunity to participate, even though without vote, in the deliberations of the General Assembly on the Palestine question, subject only to the powers vested in the President of the General Assembly.

“The Jewish Agency would greatly appreciate the transmission of a copy of this note to the President of the forthcoming special session of the General Assembly and to the heads of the Delegations to this session with the object of enabling its representatives to attend the session and to take part in its discussions.”

HEBREW COMMITTEE ASKS SEATING OF “HEBREW NATIONAL DELEGATION”

In the communication addressed to Mr. Lie by the Hebrew Committee of National Liberation it requested that an item be added to the agenda of the special session providing that a Hebrew national delegation be seated and be accorded full power to participate, on a non member, non-voting basis, in the deliberations of the Assembly on Palestine.

The Committee also asked that it be authorized to constitute the Hebrew national delegation to consist of representative Hebrew leaders from Palestine and veterans of the Hebrew resistance against the Nazis in Europe.