{"id":212180,"date":"1949-04-08T00:00:00","date_gmt":"2019-03-12T20:18:25","guid":{"rendered":"https:\/\/www.un.org\/unispal\/?p=212180"},"modified":"2019-03-12T20:18:25","modified_gmt":"2019-03-12T20:18:25","slug":"auto-insert-212180","status":"publish","type":"document","link":"https:\/\/www.un.org\/unispal\/document\/auto-insert-212180\/","title":{"rendered":"Existing rights, historical practices & various UN studies & recommendations re. Holy places in Palestine – UNCCP’s Cttee on Jerusalem – working paper"},"content":{"rendered":"
UNITED NATIONS CONCILIATION COMMISSION FOR PALESTINE<\/p><\/div>\n
COMMITTEE ON JERUSALEM<\/p><\/div>\n
<\/p>\n
THE HOLY PLACES<\/u><\/p><\/div>\n
<\/p>\n
Working Paper prepared by the Secretariat<\/p><\/div>\n
—–<\/p><\/div>\n
\t<\/span>Paragraph 7 of the Resolution on Palestine adopted by the General Assembly on 11 December 1948* states that the Assembly resolves:<\/p><\/div>\n <\/p>\n <\/p>\n \t<\/span>The present paper consists of two sections: Part I, containing a brief explanation of "existing rights and historical practice" concerning the Holy Places in Palestine, together with an annotated list of the Holy Places; Part II, consisting of a short account of the studies and recommendations made hitherto in regard to the Holy Places by various organs of the United Nations.<\/p><\/div>\n PART I. THE STATUS QUO AND THE HOLY PLACES<\/p><\/div>\n <\/p>\n \t<\/span>Throughout the centuries, tradition has accorded to certain shrines, sites and religious buildings in Palestine a special significance, and they have accordingly been held in particular veneration by three of the great religions of mankind. Although the larger number of the sites generally known as "Holy Places" <\/strong>are especially revered by Christians, Palestine is a Holy Land by virtue equally of its spiritual significance to Islam and to Judaism and of its many shrines and sites sacred to those faiths.<\/p><\/div>\n <\/p>\n \t<\/span>In his Report on the Administration of Palestine, 1920 – 1925* (*Colonial No. 15, page 48, London 1925<\/i>), the first British High Commissioner, Sir Herbert Samuel, described the problem of the care of the Holy Places as follows:<\/p><\/div>\n <\/p>\n A. NOTE ON THE HISTORY OF THE STATUS QUO<\/u><\/p><\/div>\n <\/p>\n \t<\/span>The disputes which occurred with the passage of years concerning certain of the Holy Places related especially to questions of ownership and the right to hold religious services, and arose chiefly between the Latin and Orthodox branches of Christianity. As a result of these disputes, the Ottoman Government decreed in 1757 a modus vivendi<\/u> which applied to certain Holy Places and which subsequently became known as the Status Quo<\/u>.<\/p><\/div>\n <\/p>\n \t<\/span>The Ottoman Sultans tended to favour the Orthodox Christians in Palestine, who were their own subjects, at the expense of the Latin Christians, who wore the subjects of European Powers with whom the Sultans were frequently at war; and the arrangement of 1757 deprived the Latin Church of a number of Holy Places which had formerly belonged to it. The French Government, on behalf of the Catholic Powers, made several attempts to redress the balance in favour of the Latin Church. In the main, however, it was unsuccessful, and in 1852 the Sultan Abdul Majid reaffirmed the Status Quo of 1757. In 1853, an undertaking to maintain its provisions was made by the signatory Powers of the Treaty of Paris signed at the conclusion of the Crimean War.<\/p><\/div>\n <\/p>\n \t<\/span>At the end of the First World War, Palestine passed under the protection of Great Britain. It was felt that it was opportune to re-examine the whole question of the conflicting claims regarding the Holy Places. Therefore, while Article 13 of the Mandate for Palestine made the Mandatory responsible for the protection of the Holy Places and for the preservation of existing rights relating to them (i.e. the Status Quo<\/u>), Article 14 provided for the appointment by the Mandatory of a Special Commission "to study, define and determine the rights and claims in connection with the Holy Places and ……….. the rights and claims relating to the different religious communities in Palestine. Article 14 further laid down that "the method of nomination, the composition and the functions of this Commission shall be submitted to the Council of the League for its approval and the Commission shall not be appointed or enter upon its functions without the approval of the Council."<\/p><\/div>\n <\/p>\n \t<\/span>In 1922 the British Government put forward suggestions for the composition of the Commission, but these were not acceptable to the Catholic Powers on the League Council and were withdrawn. The Mandatory Power then suggested in 1923 that, pending the establishment of the Special Commission provided for by the Mandate, an ad hoc<\/u> Commission of Enquiry, composed of one or more British judges not resident in Palestine, should be appointed to deal with any disputes which might arise in connection with the Holy Places. This proposal, however was not carried into effect, and as a consequence, the Status Quo<\/u> promulgated in 1757, and reaffirmed in 1852 was applied in respect of the rights and claims of the various communities throughout the duration of the British Mandate. All disputes were referred to the Government of Palestine* (*Palestine (Holy Places) Order in Council, 1924 reproduced as Annex (a) Part I of this paper.)<\/i>; if the Government's decision was not accepted, a formal protest was made by the interested community and it was recorded that no change in the Status Quo<\/u> was held to have occurred.<\/p><\/div>\n <\/p>\n \t<\/span>Since the end of the Mandate for Palestine, no other international arrangement has been concluded concerning the Holy Places; further, the General Assembly of the United Nations, by its reference to the protection of the Holy Places, "in accordance with existing rights"** (<\/i>**A\/807, paragraph 7) <\/i>would appear to have endorsed the validity of the Status Quo<\/u> as presently applied. It should, moreover, be noted that in response to the invitation extended in 1947 by the United Nations Special Committee on Palestine (UNSCOP) to the heads of religious bodies in Palestine asking them to present statements on their religious interests, the Armenian, Greek Orthodox and Coptic Orthodox Patriarchs specifically urged the integral and permanent maintenance of the present Status Quo<\/u>.*** <\/p><\/div>\n <\/p>\n (***Memorandum presented to UNSCOP by the Armenian Patriarch of Jerusalem, 15 July 1947; Memorandum presented to UNSCOP by the Patriarchal Representative of the Greek Orthodox Patriarchate, Jerusalem, 3 July 1947, Letter to UNSCOP from Coptic Orthodox Patriarch, Jerusalem, 15 July 1947.)<\/i><\/p><\/div>\n <\/p>\n B. THE SCOPE OF THE STATUS QUO<\/u><\/p><\/div>\n <\/p>\n \t<\/span>The Status Quo<\/u> is in effect the perpetuation of arrangements approved by the Ottoman Decree of 1757 concerning rights, privileges and practices in certain Holy Places to which conflicting claims had been put forward. The conflicting claims related to disputes between religious faiths concerning a Holy Place (Cf. Rachel's Tomb, the ownership of which has been claimed by both Jews and Moslems) and disputes between branches of religious faiths (Cf. the Basilica of the Holy Sepulchre, where rights and claims have been contested by the Latin, Greek Orthodox, Armenian, Coptic and Syrian Jacobite Churches). In the main the disputes concerned<\/p><\/div>\n <\/p>\n \t<\/span>(a)\t<\/span>questions of ownership and matters devolving therefrom, such as the right to carry out repair work or alterations;<\/p><\/div>\n <\/p>\n \t<\/span>(b)\t<\/span>questions relating to the right to hold religious services.<\/p><\/div>\n <\/p>\n \t<\/span>The Status Quo<\/u> may be said to have "frozen" the situation regulated in 1757, even in regard to the most minute and intricate details, such as the use of candelabra and the decoration of an altar.<\/p><\/div>\n <\/p>\n \t<\/span>In all matters of principle concerning the Status Quo<\/u> in the Christian Holy Places, only the three "major communities" are taken into account. These are the Latin Church (i.e. the Roman Catholic Church and in particular the Franciscan Fraternity of the Custody of Terra Sancta); the Greek Orthodox Church; and the Armenian Church. The right to hold services at certain times is possessed by the Abyssinians, the Copts and the Syrian Jacobites.<\/p><\/div>\n <\/p>\n \t<\/span>The Holy Places and their component parts governed by the Status Quo<\/u> fall into four groups:<\/p><\/div>\n <\/p>\n \t<\/span>(1)\t<\/span>The parts that are agreed to be the common property of the three major communities in equal shares;<\/p><\/div>\n <\/p>\n \t<\/span>(2)\t<\/span>The parts claimed by one community as being under its exclusive jurisdiction, but in which the other two communities claim joint proprietorship;<\/p><\/div>\n <\/p>\n \t<\/span>(3)\t<\/span>The parts the ownership of which is disputed between two rites;<\/p><\/div>\n <\/p>\n \t<\/span>(4)\t<\/span>The parts of which one community has the exclusive use qualified by the right of the others to cense and visit it during their offices;<\/p><\/div>\n <\/p>\n \t<\/span>(5)\t<\/span>The parts which are in the exclusive jurisdiction of one community but are comprised within the ensemble of the Holy Place.<\/p><\/div>\n <\/p>\n \t<\/span>In the administration of the Status Quo<\/u>, certain fixed principles relating to ownership are followed. For example, authority to repair a floor or a roof implies the right to exclusive possession on the part of the restorers. The right to hang or change a lamp or a picture is hold to imply exclusive possession of a pillar or wall. The right of other communities to cense at a chapel recognizes the position that the ownership of that chapel is not exclusive.<\/p><\/div>\n <\/p>\n \t<\/span>The application of the Status Quo<\/u> varies in strictness. In the parts in dispute, nothing can be done in principle in the way of repairs. In the case of urgently needed repairs, under the Mandate the work was carried out by the Government or local authority and the question of payment left in suspense. Sometimes an arrangement was made whereby a community that wished to carry out work in a locality might be allowed to do so, provided the other communities were allowed to undertake equivalent work in places where they put forward a similar claim. In other cases it was sufficient for a community to give formal notice of the intended work, but any fundamental change had to be made the subject of a special arrangement.<\/p><\/div>\n C. HOLY PLACES TO WHICH THE STATUS QUO APPLIES<\/u><\/p><\/div>\n <\/p>\n \t<\/span>The Status Quo<\/u> applies to the following nine Holy Places in Palestine (all of which are in the Jerusalem area).<\/p><\/div>\n <\/p>\n \t<\/span>1.\t<\/span>The Basilica of the Holy Sepulchre and its dependencies, Jerusalem.<\/p><\/div>\n \t<\/span>2.\t<\/span>The Deir al Sultan, Jerusalem.<\/p><\/div>\n \t<\/span>3.\t<\/span>The Sanctuary of the Ascension, near Jerusalem.<\/p><\/div>\n \t<\/span>4.\t<\/span>The Tomb of the Virgin, near Jerusalem.<\/p><\/div>\n \t<\/span>5.\t<\/span>The Basilica of the Nativity, Bethlehem.<\/p><\/div>\n \t<\/span>6.\t<\/span>The Grotto of the Milk, Bethlehem.<\/p><\/div>\n \t<\/span>7.\t<\/span>The Field of the Shepherds, Bethlehem.<\/p><\/div>\n \t<\/span>8.\t<\/span>The Wailing Wall, Jerusalem.<\/p><\/div>\n \t<\/span>9.\t<\/span>Rachel's Tomb, near Bethlehem.<\/p><\/div>\n <\/p>\n \t<\/span>A summary note on the way in which the Status Quo<\/u> applies in each of the above nine cases is given in Section D below in the note on the Holy Place concerned.<\/p><\/div>\n <\/p>\n \t<\/span>Apart from those nine Holy Places, all the remaining Holy Places in Palestine are not subject to the Status Quo<\/u> because the authorities of one religion or of one community within a religion are in recognized or effective possession.* (*As for example the Cenacle which, though a Christian Holy Place, has been in Moslem hands since the middle of the 16th century. The position that Christians do not in effect enjoy the right to hold services there is uncontested.)<\/i><\/p><\/div>\n D. LIST OF THE HOLY PLACES IN PALESTINE<\/u><\/p><\/div>\n <\/p>\n \t<\/span>The following list of Holy Places in Palestine is in no sense comprehensive; it is merely compilation of lists presented on various occasions to the United Nations Special on Committee on Palestine by the Custody of Terra Sancta, the Greek Orthodox and Armenian Patriarchates and the Government of Palestine. All these bodies gave the Special Committee lists of shrines and sites which in their view were to be regarded as Holy Places. The list presented by the Greek Orthodox Patriarchate differed somewhat from those prepared by the other bodies, in that it included a large number of monasteries and churches. The list given below, therefore, is not completely consistent since it includes a much larger number of Greek Orthodox than of Roman Catholic or Armenian religious buildings. Reference may also be made to the "partial List of Roman Catholic Activities in Palestine, presented to UNSCOP by the Catholic Near East Foundation* (*Annex to Memorandum presented to UNSCOP by the Catholic Near East Foundation, 5 June 1947)<\/i>, which includes churches and monasteries not specifically regarded as "Holy Places", and to the Memorandum presented to UNSCOP by the Consul-General of France** (**Jerusalem, June 1947)<\/i>, which lists French religious and educational institutions in the Holy Land.<\/p><\/div>\n <\/p>\n \t<\/span>It should moreover be pointed out that neither the Moslem nor the Jewish religious authorities submitted lists of Holy Places to the Special Committee, those listed below were brought to the attention of the Committee by the Government of Palestine as being more important shrines in Palestine sacred to Islam or Judaism.<\/p><\/div>\n <\/p>\n \t<\/span>Since the Conciliation Commission's terms of reference differentiate between the Holy Places in the Jerusalem area and those in the rest of Palestine*** (<\/i>***A\/807, paragraph 7 (quoted on page l of this paper))<\/i>, the list is divided into two sections: the Jerusalem area, and the rest of Palestine. The Holy Places are listed in each section alphabetically under three groups: Christian, Moslem and Jewish. Those to which the Status Quo<\/u> relates are indicated by an asterisk. An index is appended.<\/p><\/div>\n <\/p>\n INTERNATIONAL AREA OF JERUSALEM<\/u><\/p><\/div>\n <\/p>\n A. CHRISTIAN HOLY PLACES<\/u><\/p><\/div>\n AIN KARIM<\/u><\/p><\/div>\n <\/p>\n Ain Karim is venerated by Christians as the place of the visitation of the Virgin Mary and as birthplace of St. John the Baptist.<\/p><\/div>\n <\/p>\n 1.\t<\/span>The Church of the Visitation<\/u> is built on the traditional site of one of the two houses of the High Priest Zachary (St. Luke I, 40), the house where the Virgin Mary visited Elizabeth and spoke the Magnificat. A church stood on this site before the end of the 4th Century. It fell in ruins towards the end of the 15th Century. The Franciscans bought the ruins from the Ottoman Government in 1679 and were permitted to rebuild the lower part of the original church, but not the upper part, which remained in ruins until a few years ago, when the Franciscans built a new church incorporating all that still remained of the original building. The Latin rite regards the Church of the Visitation as coming under its exclusive jurisdiction. According to the Armenian Patriarchate, the Armenian Church at one time owned the Church.<\/p><\/div>\n <\/p>\n 2.\t<\/span>The Church of St. John the Baptist<\/u> is built on the traditional site of the other house of the High Priest Zachary, the birthplace of St. John the Baptist.<\/p><\/div>\n <\/p>\n \t\t<\/span>The first church on this site was built during the 5th Century. It was destroyed by the Samaritans during their revolt against the Byzantine Empire (A.D. 521-531) and the Greek brethren who served it were martyred. The church was soon afterwards restored; by the beginning of the 12th Century it was again in ruins, but shortly afterwards it was once more restored. After the expulsion of the Crusaders, it was transformed into an inn and stables, but was still a place of pilgrimage for all rites. The Franciscans finally purchased the site. The present traditional birthplace of St. John the Baptist is venerated in a grotto at the east end of the northern nave.<\/p><\/div>\n <\/p>\n \t\t<\/span>The Latin Church regards the Church and the Grotto as coming under its exclusive jurisdiction. The Greek Orthodox Church lists a Church of St. John as a Holy Place under its guardianship.<\/p><\/div>\n <\/p>\n 3.\t<\/span>The Desert of St. John the Baptist<\/u><\/p><\/div>\n <\/p>\n <\/p>\n <\/p>\n BEIT JALA<\/u><\/p><\/div>\n <\/p>\n 4,5, 6. The Greek Churches of the Blessed Virgin Mary, St. Nicholas and St. Michael are<\/p><\/div>\n \t<\/span>regarded by the Orthodox Church as Holy Places under its guardianship.<\/p><\/div>\n <\/p>\n BEIT <\/u>SAHUR<\/u><\/p><\/div>\n <\/p>\n \t<\/span>See below under BETHLEHEM: Shepherds' Field.<\/p><\/div>\n <\/p>\n BETHANY<\/u><\/p><\/div>\n <\/p>\n <\/p>\n 7.\t<\/span>The Tomb of Lazarus<\/u> (where Jesus performed the miracle of raising Lazarus from the dead). The Tomb was venerated from an early date; by the time of St. Jerome (A.D. 349-419) a church had already been built over it. In 1134 Queen Melisande built an abbey a short distance east of the Tomb; it fell into ruins some years after the capture of Jerusalem by Saladin in 1187. Towards the end of the 16th Century the remains of the ruins of the original church were transformed into a mosque which Christians were forbidden to enter. Shortly afterwards, however, the Custos of the Holy Land obtained permission from the Ottoman Government to open a new entrance into the Tomb, which has ever since been available to the veneration of Christians.<\/p><\/div>\n <\/p>\n \t\t<\/span>The Custos of the Holy Land lists the Tomb as being used "in common" – presumably by the Latin, Armenian and Greek Churches.<\/p><\/div>\n <\/p>\n 8.\t<\/span>The Stone of Meeting<\/u>. The Custos of the Holy Land lists this as being "used in common".<\/p><\/div>\n <\/p>\n 9.\t<\/span>The ruined Church of St. Lazarus<\/u>, also known as the House of <\/u>Martha and Mary<\/u>, and the adjoining ruins of monastery. The Latin Church claims exclusive jurisdiction over these.<\/p><\/div>\n <\/p>\n 10.\t<\/span>The Monastery of Bethany<\/u>. The Greek Orthodox Church claims guardianship of this monastery.<\/p><\/div>\n <\/p>\n 11.\t<\/span>The site of the House of Simon the Leper<\/u>, where the friends of Jesus invited Him to take supper. The Latin Church claims exclusive jurisdiction over this site.<\/p><\/div>\n <\/p>\n 12.\t<\/span>The site of the departure for the triumphal entry into Jerusalem<\/u> is under the custody of the Latin Church.<\/p><\/div>\n <\/p>\n 13.\t<\/span>The Monastery of Bethphage<\/u> is regarded by the Orthodox Church is a Holy Place under its guardianship.<\/p><\/div>\n <\/p>\n BETHLEHEM<\/u><\/p><\/div>\n <\/p>\n 14.\t<\/span>The Basilica of the Nativity<\/u>*<\/p><\/div>\n <\/p>\n <\/p>\n <\/p>\n <\/p>\n <\/p>\n <\/p>\n <\/p>\n <\/p>\n <\/p>\n <\/p>\n <\/p>\n <\/p>\n <\/p>\n <\/p>\n <\/p>\n \t\t<\/span>Site and Altar of the Adoration of the Magi.<\/p><\/div>\n \t\t<\/span>Cave and Altar of the Holy Innocents.<\/p><\/div>\n \t\t<\/span>St. Jerome's Grotto.<\/p><\/div>\n \t\t<\/span>Altar of St. Joseph dedicated to the Flight into Egypt.<\/p><\/div>\n \t\t<\/span>Tomb and Altar of St. Jerome.<\/p><\/div>\n