The WCC
has repeatedly addressed the question of Jerusalem since 1948. Jerusalem
has been at the heart of the Israel-Palestine conflict since the time of
the League of Nations Mandate and Partition, yet the issue of Jerusalem
has consistently been postponed to "future negotiations" due to the complexities
of the issues involved. The inability of the parties and of the international
community to settle this question has left Jerusalem vulnerable to a series
of unilateral actions which have radically altered its geography and demography
in a way which violates especially the rights of Palestinians and poses
a continuing threat to peace and security of all the inhabitants of the
city and the region.
Conscious of
the fact that a solution for the question of Jerusalem is essential to
any final negotiated agreement in the Middle East; The
eighth assembly of the World Council of Churches, meeting in Harare, Zimbabwe,
3-14 December 1998
1. Reaffirms
earlier positions of the World Council of Churches that:
1.1. Jerusalem
is a holy city for three monotheistic religions -- Judaism, Christianity
and Islam -- who share responsibility to cooperate to ensure that Jerusalem
be a city open to the adherents of all three religions, a place where they
can meet and live together.
1.2. Christian
Holy Places in Jerusalem and neighbouring areas belong to the greatest
extent to member churches of the World Council of Churches, specifically
to the local Eastern Orthodox and Oriental Orthodox churches. Any proposed
solution as to the future of the holy places in Jerusalem should take into
account the legitimate rights of the churches most directly concerned.
1.3. The
special legislation regulating the relationship of the Christian communities
and the authorities, guaranteed by ancient covenants and orders, and codified
in international treaties (Paris 1856 and Berlin 1878) and the League of
Nations and known as the status quo of the Holy Places, must be
safeguarded.
1.4. The
settlement of any problems with regard to the holy places should take place
through dialogue and under an international aegis and guarantees which
must be respected by the parties concerned and by the ruling
authorities.
1.5. The
question of Jerusalem is not only a matter of protection of the holy places
but is also organically linked with people who live there, their living
faiths and communities. The holy shrines should not become mere monuments
of visitation, but should serve as living places of worship integrated
and responsive to all communities who continue to maintain their life and
roots within the city, and for those who, out of religious attachment,
want to visit them.
1.6. The
future status of Jerusalem is to be seen as part of a general settlement
of the wider Middle East conflict as related to the destinies of the Israeli
and Palestinian peoples alike.
2. Reiterates
the significance and importance of the continuing presence of Christian
communities in Jerusalem, the birthplace of the Christian church, and condemns
once again the violations of fundamental rights of Palestinians in
Jerusalem which oblige many to leave.
3. Considers
that negotiations with respect to the future status of Jerusalem must
be undertaken without further delay and considered to be part of rather
than a product of a comprehensive settlement for the region, and that such
negotiations should take into account:
3.1. the
contemporary context of the Middle East, especially developments in negotiations
on the Israel-Palestine conflict since 1991;
3.2. the implications
of the continuing conflict for international peace and security;
3.3. the
legitimate concerns of all the peoples of the region, and particularly
of the Israeli and Palestinian peoples, for justice, peace, security, equal
rights, and full participation in decisions related to their future;
3.4. the
historical commitment to the status quo of the Holy Places and the
rights and welfare of the churches, living communities and peoples associated
with them;
3.5. the
statements of mutual recognition exchanged between the Palestine Liberation
Organization and the state of Israel, and the rights of the Palestinian
people to self-determination and to statehood.
4. Recalls
the framework established in international law related to the status of
Jerusalem, including:
4.1. the
terms of the British Mandate for Palestine confirmed by the council of
the League of Nations in 1922 which set a broad framework with respect
to rights to the Holy Places and of religious communities;
4.2. the 1947
report to the UN general assembly (UNGA) of its Special Committee on Palestine
and the "Partition Plan" (res. 181 (II), 29 November 1947) in which the
general assembly addressed in detail the Holy Places and religious and
minority rights, and established the city of Jerusalem as a corpus separatum
with precisely defined geographical boundaries and a statute;
4.3. UNGA res.194
(December 1948) which specified the special status of Jerusalem and the
right of return of Palestinian refugees, and successive resolutions affirming
resolutions 181 and 194;
4.4. the
fourth Geneva Convention (1949) which was and remains applicable to parts
of Palestine regarded as "occupied territory";
4.5. UNGA
res. 303 (IV), 9 December 1948, by which the general assembly restated
"its intention that Jerusalem should be placed under a permanent international
regime..." and "be established as a corpus separatum under a special
international regime...administered by the United Nations"; and
4.6. UN
security council resolutions 242 (1967) and 338 (1973) demanding Israeli
withdrawal from all occupied territories including Jerusalem, and subsequent
resolutions addressed specifically to Jerusalem.
5. Notes
that the international community as embodied in the United Nations retains
authority and responsibility with respect to Jerusalem and the right to
authorize or consent to any legal change in the status of Jerusalem, and
that no unilateral action nor final legal status agreed by the parties
can have the force of law until such consent is given.
6. Welcomes
especially the Joint Memorandum of Their Beatitudes and of the Heads
of Christian Communities in Jerusalem on the Significance of Jerusalem
for Christians (14 November 1994) in which they call on all parties "to
go beyond exclusivist visions or actions, and without discrimination to
consider the religious and national aspirations of others, in order to
give back to Jerusalem its true universal character and to make of the
city a Holy Place of reconciliation for humankind".
7. Recognizes
that the solution to the question of Jerusalem is in the first place the
responsibility of the parties directly involved, but that the Christian
churches and the Jewish and Muslim religious communities have a central
role to play in relation to such negotiations.
8. Conscious of
the churches' responsibility with respect to Jerusalem, adopts the following principles
which must be taken into consideration in any final agreement on the status
of Jerusalem and as the basis for a common ecumenical approach:
8.1. The
peaceful settlement of the territorial claims of Palestinians and Israelis
should respect the holiness and wholeness of the city.
8.2. Access
to the Holy Places, religious buildings and sites should be free, and freedom
of worship must be secured for peoples of all faiths.
8.3. The
rights of all communities of Jerusalem to carry out their own religious,
educational and social activities must be guaranteed.
8.4. Free
access to Jerusalem must be assured and protected for the Palestinian
people.
8.5. Jerusalem
must remain an open and inclusive city.
8.6. Jerusalem
must be a shared city in terms of sovereignty and citizenship.
8.7. The
provisions of the fourth Geneva Convention must be honoured with respect to
the rights of Palestinians to property, building and residency; the prohibition
of effecting changes in population in occupied territories; and the prohibition
of changes in geographical boundaries, annexation of territory, or settlement
which would change the religious, cultural or historical character of Jerusalem
without the agreement of the parties concerned and the approval of the
international community.
9. With
their beatitudes and the heads of Christian communities in Jerusalem, we
regard Jerusalem to be a symbol and a promise of the presence of God, of
shared life, and of peace for humankind, especially among the peoples of
the three monotheistic faiths, Jews, Christians and Muslims.
10. With
the psalmist, we pray for the
peace of Jerusalem:
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