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        General Assembly
3 December 2004

Original: English

Fifty-ninth session
Agenda item 101

Promotion and protection of the rights of children

Report of the Third Committee

Rapporteur : Mr. Carlos Enrique García González (El Salvador)

I. Introduction

1. At its 2nd plenary meeting, on 17 September 2004, the General Assembly, on the recommendation of the General Committee, decided to include in the agenda of its fifty-ninth session the item entitled “Promotion and protection of the rights of children” and to allocate it to the Third Committee.


II. Consideration of proposals

A. Draft resolution A/C.3/59/L.28

8. At the 29th meeting, on 28 October, the representative of Egypt, on behalf of Algeria, Bahrain, Bangladesh, Belize, Brunei Darussalam, China, Cuba, Djibouti, Egypt, Indonesia, the Islamic Republic of Iran, Iraq, Jordan, Kuwait, Lebanon, the Libyan Arab Jamahiriya, Malaysia, Mali, Mauritania, Morocco, Namibia, the Niger, Oman, Pakistan, Qatar, Saudi Arabia, Senegal, South Africa, the Sudan, Tunisia, the United Arab Emirates, Yemen, Zimbabwe and Palestine, introduced a draft resolution (A/C.3/59/L.28), entitled “The situation of and assistance to Palestinian children”. Subsequently, Barbados, Burkina Faso, the Comoros, the Democratic People’s Republic of Korea, the Democratic Republic of the Congo, Malawi, Nigeria, Somalia and the Bolivarian Republic of Venezuela joined in sponsoring the draft resolution.

9. At the 46th meeting, on 18 November, the representative of Egypt made a statement in regard to the draft resolution (see A/C.3/59/SR.46).

10. Also at its 46th meeting, the Committee adopted draft resolution A/C.3/59/L.28 by a recorded vote of 105 to 5, with 61 abstentions (see para. 35, draft resolution I). The voting was as follows: 1

In favour:

Afghanistan, Algeria, Angola, Antigua and Barbuda, Argentina, Armenia, Azerbaijan, Bahamas, Bahrain, Bangladesh, Barbados, Belarus, Belize, Bhutan, Botswana, Brazil, Brunei Darussalam, Burkina Faso, Burundi, Cambodia, Cape Verde, Chile, China, Congo, Cuba, Democratic People’s Republic of Korea, Democratic Republic of the Congo, Djibouti, Dominican Republic, Ecuador, Egypt, Equatorial Guinea, Eritrea, Ethiopia, Fiji, Gabon, Gambia, Ghana, Grenada, Guinea, Guyana, Haiti, India, Indonesia, Iran (Islamic Republic of), Iraq, Jamaica, Jordan, Kazakhstan, Kenya, Kuwait, Kyrgyzstan, Lao People’s Democratic Republic, Lebanon, Libyan Arab Jamahiriya, Madagascar, Malawi, Malaysia, Maldives, Mali, Mauritania, Mauritius, Mongolia, Morocco, Mozambique, Myanmar, Namibia, Niger, Nigeria, Oman, Pakistan, Panama, Paraguay, Philippines, Qatar, Russian Federation, Saint Lucia, Saint Vincent and the Grenadines, Saudi Arabia, Senegal, Sierra Leone, Singapore, Somalia, South Africa, Sri Lanka, Sudan, Suriname, Swaziland, Syrian Arab Republic, Tajikistan, Thailand, Togo, Trinidad and Tobago, Tunisia, Turkey, Turkmenistan, Uganda, United Arab Emirates, United Republic of Tanzania, Uzbekistan, Venezuela (Bolivarian Republic of), Viet Nam, Yemen, Zambia, Zimbabwe.


Israel, Marshall Islands, Micronesia (Federated States of), Palau, United States of America.


Albania, Andorra, Australia, Austria, Belgium, Bosnia and Herzegovina, Bulgaria, Cameroon, Canada, Colombia, Costa Rica, Côte d’Ivoire, Croatia, Cyprus, Czech Republic, Denmark, El Salvador, Estonia, Finland, France, Georgia, Germany, Greece, Guatemala, Hungary, Iceland, Ireland, Italy, Japan, Latvia, Lesotho, Liechtenstein, Lithuania, Luxembourg, Malta, Mexico, Monaco, Netherlands, New Zealand, Norway, Papua New Guinea, Peru, Poland, Portugal, Republic of Korea, Republic of Moldova, Romania, Rwanda, Samoa, San Marino, Serbia and Montenegro, Slovakia, Slovenia, Spain, Sweden, Switzerland, the former Yugoslav Republic of Macedonia, Tuvalu, Ukraine, United Kingdom of Great Britain and Northern Ireland, Uruguay.

11. Before the adoption of the draft resolution, statements were made by the representatives of the United States of America, Turkey and Israel; after the adoption of the draft resolution, statements were made by the representatives of the Russian Federation, the Netherlands (on behalf of the States Members of the United Nations that are members of the European Union), Norway and the observer for Palestine (see A/C.3/59/SR.46).

1 The delegations of Nepal and Bolivia subsequently indicated that, had they been present during the voting, they would have voted in favour of the draft resolution.


III. Recommendations of the Third Committee

35. The Third Committee recommends to the General Assembly the adoption of the following draft resolutions:

Draft resolution I
The situation of and assistance to Palestinian children

The General Assembly,

Recalling the Convention on the Rights of the Child, 1

Bearing in mind the conclusion by the International Court of Justice, in its advisory opinion of 9 July 2004, 2 that the Convention on the Rights of the Child is applicable within the Occupied Palestinian Territory,

Recalling the World Declaration on the Survival, Protection and Development of Children and the Plan of Action for Implementing the World Declaration on the Survival, Protection and Development of Children in the 1990s, adopted by the World Summit for Children, held in New York on 29 and 30 September 1990, 3

Recalling also the Declaration and Plan of Action adopted by the General Assembly at its twenty-seventh special session,4

Recalling further the relevant provisions of the International Covenant on Economic, Social and Cultural Rights, 5

Noting with grave concern that the Palestinian children under Israeli occupation remain deprived of many basic rights under the Convention,

Concerned about the continued grave deterioration of the situation of Palestinian children in the Occupied Palestinian Territory, including East Jerusalem, the severely detrimental impact of the continuing Israeli assaults and sieges on Palestinian cities, towns, villages and refugee camps, and the continuing dire humanitarian crisis on the safety and well-being of Palestinian children,

Concerned also about the severely detrimental impact being caused by the unlawful construction of the wall by Israel, the occupying Power, in the Occupied Palestinian Territory, including in and around East Jerusalem, and its associated regime, on the socio-economic conditions of Palestinian children and their families and on the enjoyment by Palestinian children of their right to education, to an adequate standard of living, including adequate food, clothing and housing, to health, and to be free from hunger, in accordance with the Convention on the Rights of the Child and the International Covenant on Economic, Social and Cultural Rights,

Emphasizing the importance of the safety and well-being of all children in the whole Middle East region,

Expressing its condemnation of all acts of violence, resulting in extensive loss of human life and injuries, including among Palestinian children,

Deeply concerned about the negative consequences, including psychological consequences, of the Israeli military actions for the present and future well-being of Palestinian children,

1. Stresses the urgent need for Palestinian children to live a normal life free from foreign occupation, destruction and fear in their own State;

2. Demands , in the meanwhile, that Israel, the occupying Power, respect relevant provisions of the Convention on the Rights of the Child 1 and comply fully with the provisions of the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949,6 in order to ensure the well-being and protection of Palestinian children and their families;

3. Calls upon the international community to provide urgently needed assistance and services in an effort to alleviate the dire humanitarian crisis being faced by Palestinian children and their families and to help in the reconstruction of relevant Palestinian institutions.

1Resolution 44/25, annex.
2See A/ES-10/273, and Corr.1.
3A/45/625, annex.
4See resolution S-27/2, annex.
5See resolution 2200 A (XXI), annex.
6United Nations, Treaty Series, vol. 75, No. 973.



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