Initiatives en vue de la réalisation par le peuple Palestinien de ses droits inaliénables - CEDIPP, étude de DDP Français
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"I wish to reiterate on this occasion Israel's position that the sole path to a peaceful settlement in the Middle East is that of direct negotiations, based on Security Council resolution 242 (1967) - which has already proven effective in bringing about the Camp David accords and, through them, the Israel-Egypt Treaty of Peace of 26 March 1979. General Assembly resolution 38/58 C is contrary both to the Camp David accords and to Security Council resolution 242 (1967) on which they are based. Any serious attempt to advance the cause f peace in the Middle East - as distinct from the hollow propaganda exercise exemplified in resolution 38/58,C - must be initiated through direct negotiations based on Security Council resolution 242 (1967)."
The Permanent Observer of the Palestine Liberation Organization to the United Nations, on the instruction of W. Yasser Arafat, Chairman of the Executive Committee of the PLO, addressed a letter to the Secretary-General contained in document A/39/130/Add.l, annex in which he stated that:
"We fully agree with you that the Governments which are directly involved in the Arab-Israeli conflict are Israel, Jordan, Lebanon and the Syrian Arab Republic, and that the Palestine Liberation Organization is also 'an authority' which is directly involved in the conflict. However, we do not understand where the provision for the agreement with the plan of action should be sought from the Council. Resolution 38/58 C only calls for consultation with the Security Council so that the Secretary-General may undertake preparatory measures to convene the Conference.
"Be that as it may, we completely disagree with the view expressed by the distinguished representative of the Government of the United States of America (see document A/39/130 - S/16409, annex III, appendix) which considered the holding of an international conferences as recommended by the General Assembly "would only hinder" the path to peace. It is clear that the Government of the United States explicitly plans to undermine and foreclose the option to a process within the framework of the United Nations. It may be recalled that the General Assembly, in its resolution 34/65 B, adopted on 29 November 1979, 'declared that the Camp David accords and other agreements have no validity in so far as they purport to determine the future of the Palestinian people and of the Palestinian territories occupied by Israel since 1967.' President Reagan's initiative of 1 September 1982 precludes the exercise of the inalienable rights of the Palestinian people to self-determination and to the establishment of an independent, sovereign Palestinian State. Furthermore, it ignores completely the provisions of numerous Security Council resolutions calling for the withdrawal of Israel from all the territories occupied since 1967. The spirit of the letter of the representative of the Government of the United States of America indicates clearly that that permanent member of the Security Council rejects any process leading to a peaceful settlement.
I would like to recall that in his statement before the International Conference on the Question of Palestine, held at Geneva from 29 August to 7 September 1983, Chairman Arafat said the following:
'In this context, we wish to suggest to you the following ideas:
'(a) The Middle East is a very important and vital region with regard to the establishment of peace since it has a direct effect on the international situation as a whole. Consequently, that region must remain free from the monopoly of one power in the world, and free from balkanization and the threat of internal and external explosion;
'(b) the question Palestine and developed as a and Second of international conflicts before world wars and international, political complications deriving from the changing and conflicting positions and balances of power in the world. Hence, the responsibility for the recovery of the rights of the Palestinian people is a wholly international responsibility within the framework of international legitimacy;
'(c) The Fez Summit resolutions constitute a unique opportunity for the achievement of the minimum degree of justice required. This opportunity for peace in the region, presented jointly by the Arab leaders at the Summit Conference, should not be wasted;
'(d) The exercise by the people of Palestine of their right to return, self-determination and national independence is the only basis for any peace based on justice in the Middle East;
'(e) Failure to deter the Zionist military aggressive mentality and the continuation of unlimited United States support for this barbaric military machine contradict any advocacy of international peace;
'(f) In the light of these principles we are struggling for peace and reject the American-Israeli policies calling upon us to capitulate;
'(g) In the light of these principles we welcome all peace initiatives based on the recognition of the rights of our people. We are ready to co-operate with all forces, and primarily the United Nations. and its agencies, within the framework of international legitimacy and their resolutions concerning the question of Palestine. In this connection, we are calling for an international conference, under the auspices of the United Nations, in which the two super-Powers would participate with the rest of the parties concerned, on the basis of the United Nations resolutions relating to the question of Palestine'."
The Government of the Syrian Arab Republic, in its response (A/39/416-S-16708), stated that:
"The Syrian Arab Republic has always supported, and continues to support, the role of the United Nations in matters relating to the maintenance of international peace and security and the settlement of international disputes in accordance with the provisions of the Charter and the principles of international justice and international law, in particular the principle of non-acquisition of territory by force and of the right of peoples to self-determination.
"It is on this basis that the Syrian Arab Republic agreed to Security Council resolution 338 (1973), affirming, in document A/9250-S/11040 and Corr.1, dated 23 October 1973, that in its view the resolution contained two essential elements, namely:
"(a) the complete withdrawal of Israeli forces from all Arab territories occupied in, and subsequent to, June 1967;
"(b) the guarantee of the legitimate national rights of the Palestinian people, in accordance with United Nations resolutions.
"In accordance with these convictions, which reflect the wishes of the international community, the Syrian Arab Republic supported General Assembly resolution 38/58 C, dated 13 December 1983, calling for the convening of an international peace conference on the Middle East under the auspices of the United Nations and with the participation of all parties concerned, including the Palestine Liberation Organization, on an equal footing with other parties in order to attain a just and comprehensive settlement of the question of the Middle East that would guarantee that Israel evacuated all the Arab territories occupied since 1967 and ensure the realization of the inalienable national rights of the Palestinian people, including the right to return, the right to self-determination and the right to establish its own independent State in its national territory.
"The events that have occurred in the Middle East region have demonstrated that partial and peacemeal solutions cannot lead to the establishment of a comprehensive, just and durable peace in the region. The situation has become even more complex and explosive and Israel is committing one aggression after another without hindrance and in defiance of the United Nations Charter and international law.
"It is now clear that the policy of force and fait accompli which Israel has been pursuing, with the unlimited support of the United States of America, is the main obstacle to the conclusion of a just and comprehensive peace in the region.
"The Syrian Arab Republic reaffirms its wholehearted support for General Assembly resolution 38/58 C, dated 13 December 1983, concerning the convening of an international peace conference on the Middle East and pays tribute to the efforts made by the Secretary-General in that area. It also expresses its support for the Soviet proposals of 29 July 1984 whereby the Syrian Government again declared that it was ready to contribute, in accordance with the above-mentioned principles, so that a just and comprehensive peace might be attained in the region."
In his reply (A/39/238-S/16543) dated 9 May 1984, the Permanent Representative of Jordan stated that:
"The Jordanian Government is of the opinion that convening an international conference on peace in the Middle East as envisaged in General Assembly resolution 38/58 C is an idea worth pursuing. This position emanates from Jordan's long-established policy of seeking to explore avenues that could lead to the establishment of a just, comprehensive and lasting peace in the Middle East. It also rests on Jordan's conviction that the United Nations is the proper forum for attempting to resolve outstanding international disputes through negotiations.
. . . .
"The Jordanian Government is of the opinion that terms of reference for the Conference should stem from the principles and rules of international law applicable to the issues before the Conference. Specifically, such terms of reference should include the principle of the inadmissibility of the acquisition of territory by force, which is a fundamental principle in relations among States, besides being a just and cogent rule of international law. Thus, the Jordanian Government believes that Security Council resolutions 242 (1967) of 22 November 1967 and 338 (1973) of 22 October 1973 should provide terms of reference for the Conference "
The Government of Lebanon, in its reply (A/39/275-S/16584) stated that it had voted in favour of all the resolutions adopted by the General Assembly concerning the question of the Middle East, including resolution 38/58 C, stating that:
"Among the firm principles in which Lebanon believes is the principle of respect for the right of peoples to self-determination. Accordingly, . Lebanon favours enabling the Palestinian people to exercise its right to self-determination, without which step there will be no peace in the Middle East region.
"The Lebanese Government, wishing to assist in ensuring the climate necessary for the successful convening of this conference, in order that its proposed objective may be attained, has agreed to participate in it, within the limits of the following concepts:
"1. Lebanon is host to a large number of Palestinian refugees, who await a just solution to their problem in accordance with United Nations resolutions. Consequently, it is concerned with any effort made to attain this goal.
"2. Lebanon's agreement to participate in this conference stems from the fact that it is a country concerned with the resolution of the conflict in our region, because it has many times been exposed to problems, acts of aggression and occupation without having been responsible for any act that might give rise to phenomena such as those to which it has been exposed. It therefore grasps any opportunity which might bring about a just and comprehensive solution in the region.
"3. Lebanon considers that the General Armistice Agreement concluded in 1949 is the legal text governing Lebanese-Israeli relations, as is stressed in Security Council resolutions 270 (1969), 332 (1973), 337 (1973), 450 (1979), 459 (1979), 467 (1980), 474 (1980), 483 (1980), 498 (1981), and 501 (1982)."
The Government of Egypt, in its reply dated 27 April 1985 (A/39/219-S/16512 and Corr. 1), stated that Egypt voted in favour of resolution 38/58 C.
Egypt believes that:
"the legislative authority for the conference may be inferred from two documents-of the International Conference on the Question of Palestine and from General Assembly resolution 38/58 C, namely:
The provisions of the United Nations Charter;
General Assembly resolutions relating to the question of Palestine;
The principles of international law.
. . . .
"Believing in the justice of the Palestinian cause and the legitimacy of the inalienable rights of the Palestinian people, in particular their right to self-determination and to establish their independent State in Palestine, and in the responsibility of all States to respect these rights; convinced of the need for the complete withdrawal of Israeli forces from all occupied Arab lands in the West Bank, including Jerusalem, and in the Gaza Strip and the Golan Heights, in accordance with the principle of the inadmissibility of the acquisition of territory by force; realizing the great importance of the time factor in this context, Egypt believes that the convening of an international peace conference on the Middle East would constitute a major turning-point on the path towards the achievement of a comprehensive, just and lasting solution to the problem of the Middle East and its core, the problem of Palestine, within a framework of faithful observance of reciprocal rights and obligations under the Charter of the United Nations, the relevant resolutions of the United Nations, the norms of international law and international covenants and pacts.
"The Government of Egypt calls upon the Secretary-General to hold the appropriate consultations and to exert every effort to ensure the participation of the parties to the conflict and to afford suitable arrangements and conditions for the conduct of constructive negotiations within the framework of the United Nations, with the aim of achieving a just and lasting peace in the Middle East."
For "Our proposal for convening an international conference on the Middle East, which has received widespread support." read "bur proposal for convening an international conference on the Middle East, which has received widespread support, makes provision for just such a means of settlement."