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Bulletin mensuel de la DDP - Vol. XXVII, No.3 - Bulletin du Comité pour l’exercice des droits inaliénables du peuple palestinien/DDP (novembre-decembre 2004) - Publié par la Division des droits palestiniens Français

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Source: Division for Palestinian Rights (DPR)
Committee on the Exercise of the Inalienable Rights of the Palestinian People (CEIRPP)
31 December 2004



November-December 2004

Volume XXVII, Bulletin No. 3




Bulletin
on action by the United Nations system and
intergovernmental organizations
relevant to the question of Palestine


Contents
Page
I.
    Secretary-General condemns Tel Aviv suicide attack, disturbed at death of two Palestinian children
1
II.
    President of the International Court of Justice addresses General Assembly
1
III.
    Secretary-General’s remarks at General Assembly tribute to Palestinian Authority President Arafat
3
IV.
    Committee on the Exercise of the Inalienable Rights of the Palestinian People issues statement on the passing of Palestinian Authority President Arafat
4
V.
    World Bank President issues statement on the passing away of Palestinian Authority President Arafat
5
VI.
    Council of Presidents of the General Assembly expresses concern over Middle East situation
5
VII.
    Middle East Quartet meets in Sharm el-Sheikh
5
VIII.
    Secretary-General issues message on the International Day of Solidarity with the Palestinian People
6
IX.
    World Bank and USAID issue report
7
X.
    General Assembly adopts four resolutions on the question of Palestine
9
XI.
    General Assembly adopts two resolutions on the situation in the Middle East
17
XII.
    General Assembly adopts resolution on assistance to the Palestinian people
18
XIII.
    Secretary-General reports on situation of and assistance to Palestinian women
21
XIV.
    General Assembly adopts five resolutions on the Special Committee to Investigate Israeli Practices
22
XV.
    General Assembly adopts four resolutions on the United Nations Relief and Works Agency for Palestine Refugees in the Near East
32
XVI.
    Tenth ASEAN Summit issues press statement
39
XVII.
    General Assembly adopts resolutions on the right of Palestinian people to self-determination and on Palestinian children
40
XVIII.
    Gulf Cooperation Council issues Final Communiqué
29
XIX.
    General Assembly adopts resolution on permanent sovereignty over natural resources
30




The present Bulletin can be found in the United Nations Information System
on the Question of Palestine (UNISPAL) on the Internet at:
http://domino.un.org/UNISPAL.nsf, as well as at:
http://www.un.org/Depts/dpa/qpal/pub_bltn.htm.





I. SECRETARY-GENERAL CONDEMNS TEL AVIV SUICIDE ATTACK, DISTURBED AT DEATH OF TWO PALESTINIAN CHILDREN

The following statement was issued on 1 November 2004 by the Spokesman for Secretary-General Kofi Annan (SG/SM/9571):

The Secretary-General strongly endorses the statement of his special envoy, Terje Roed-Larsen, condemning today’s suicide bombing in Tel Aviv. He reiterates his long-standing and adamant opposition to all terrorist attacks, from whatever quarter. The Secretary-General sends his deepest condolences to the families of the victims of today’s attack.

The following statement was also issued on 1 November 2004 by the Spokesman for Secretary-General (SG/SM/9569):

The Secretary-General was distressed to learn of the deaths of two Palestinian children over the last few days during the continuation of Israel Defence Force operations in the occupied Palestinian territory. He is even more disturbed as they follow the killing of two Palestinian children earlier in October.

On Thursday, nine-year-old Rania Iyad Aram was killed by gunfire on her way to school in Khan Younis in the Gaza Strip. On Saturday morning, 12-year-old Ibrahim Mohammed Kmileh was killed in a refugee camp in the West Bank town of Jenin, while two other boys were wounded. The Secretary-General expects that the Government of Israel will launch a rigorous investigation into these incidents and that the results will be made public.

The Secretary-General renews his calls on the Government of Israel to take effective measures to avoid any harm to Palestinian civilians, and to have special care for the protection of the children. He calls on both parties to exercise maximum restraint and responsibility during this critical period.

II. PRESIDENT OF THE INTERNATIONAL COURT OF JUSTICE ADDRESSES GENERAL ASSEMBLY

On 5 November 2004, Shi Jiuyong, President of the International Court of Justice, addressed the Sixth Committee of the General Assembly. In his statement Mr. Shi discussed the advisory opinion on the legal consequences of the construction of a wall in the Occupied Palestinian Territory. An excerpt of his statement is reproduced below (A/C.6/59/SR.21):

...

68. Article 65 of the Statute of the International Court of Justice had always been interpreted as conferring discretion upon the Court whether to give the opinion requested, but the Court, like its predecessor, had always considered that there must be compelling reasons for it to exercise its discretion not to render an advisory opinion. Concerns about the propriety of the Court’s exercise of its advisory function arose when the subject matter of the request was connected with an actual dispute between States or a legal question actually pending between two or more States. While consent of the parties was required for contentious proceedings, it was not set out in Article 96 of the Charter as a condition for advisory jurisdiction. However, the Court had always held that it was obliged, even when giving advisory opinions, to respect the essential rules guiding its activities as a court of justice, including the principle that a State was not obliged to allow its disputes to be submitted to judicial settlement without its consent.

69. Nonetheless, the Court had never declined to give its opinion simply because there was some connection between a dispute involving States and the subject of the request. In a number of cases, the Court had construed the question before it as relating to the exercise of the functions of the requesting United Nations organ rather than to any ongoing dispute. In its most recent advisory opinion on Legal consequences of the construction of a wall in the Occupied Palestinian Territory, the Court had decided that its pronouncement would not have the effect of circumventing the principle of consent to judicial settlement, on the grounds that the question put by the General Assembly was far broader than the bilateral dispute and was of particularly acute concern to the United Nations.

70. When considering its advisory jurisdiction, the Court was subject to the requirement of Article 96 of the Charter that the question put to it should be a legal question. However, the fact that such a question might arise in a political context was not sufficient to deprive the Court of jurisdiction. In its famous dictum in its advisory opinion on Western Sahara, it had held that questions framed in terms of law and raising problems of international law were by their very nature susceptible of a reply based on law. The Court to date had never found that political arguments surrounding a legal question put to it constituted a compelling reason for it to decline to exercise its advisory jurisdiction.

71. Advisory opinions were non-binding: even the requesting body was not obliged to accept the Court’s conclusions, although in fact both the Council of the League of Nations and the various agencies of the United Nations had always done so. States and other international entities were also entitled to agree among themselves that the opinion would be binding on them. Some treaties even stipulated that, in the event of a dispute, an advisory opinion of the Court would be considered decisive or binding. One such was the advisory opinion on the Difference relating to immunity from legal process of a Special Rapporteur of the Commission on Human Rights, in which the Court had distinguished between the advisory nature of the Court’s task and the particular effects that parties to an existing dispute might wish to attribute, in their mutual relations, to an advisory opinion of the Court.

72. With that background, a pertinent question was why recourse to the Court’s advisory function should be encouraged and how it might be developed. The advisory procedure enabled the Court to contribute to the overall objectives of the United Nations by playing a role in international dispute resolution and prevention and by clarifying and developing international law. Thus, for example, having asserted that the construction of the wall by Israel in the Occupied Palestinian Territory was contrary to international law, the Court had found that the United Nations, and especially the General Assembly and the Security Council, should consider what further action was required to bring the situation to an end, taking due account of the advisory opinion. Moreover, in the past, there had been instances in which States had found it more acceptable for an advisory opinion to be requested than for contentious proceedings to be instituted. Thus, in the European Commission of the Danube case, Romania had rejected the option of seeking adjudication via the contentious procedure but had agreed to the request for an advisory opinion as a compromise.

...
III. SECRETARY-GENERAL’S REMARKS AT GENERAL ASSEMBLY
TRIBUTE TO PALESTINIAN AUTHORITY
PRESIDENT ARAFAT

This is the text of remarks by Secretary-General Kofi Annan made on 11 November 2004 at the General Assembly tribute to Palestinian Authority President Yasser Arafat (SG/SM/9589, GA/10296, PAL/2017):

For nearly four decades, Yasser Arafat expressed and symbolized in his person the national aspirations of the Palestinian people. He was one of those few leaders who was instantly recognizable by people in any walk of life, all around the world.

President Arafat will always be remembered for having led the Palestinians, in 1988, to accept the principle of peaceful coexistence between Israel and a future Palestinian state. By signing the Oslo accords in 1993, he took a giant step towards the realization of this vision.

It is tragic that he did not live to see it fulfilled. Now that he has gone, both Israelis and Palestinians, and the friends of both peoples throughout the world, must make even greater efforts to bring about the peaceful realization of the Palestinian right of self-determination.

Thirty years ago this week, Yasser Arafat stood in this chamber, when he became the first representative of a non-governmental organization to speak to a plenary session of the General Assembly. One year later, the General Assembly adopted resolution 3237, conferring on the PLO the status of Observer in the Assembly and in other international conferences held under United Nations auspices.

But the relationship between the United Nations and the Palestinian people is far deeper and broader, and dates back much longer, than that. For 55 years, the United Nations Relief and Works Agency has provided humanitarian assistance, health care, housing and education to Palestinians. Today, there are a total of 19 UN agencies and bodies lending their assistance to the Palestinian people. We must and will continue that work, for as long as the Palestinian people need our help.

Together with our partners, we will also continue our efforts to achieve the full implementation of the Road Map, as endorsed by the Security Council in its resolution 1515. Our goal is the realization of a just, lasting and comprehensive peace in the Middle East, based on Security Council resolutions 242, 338 and 1397. This includes as its centrepiece the establishment of a sovereign, democratic, viable and contiguous Palestinian state, living side by side in peace with a secure Israel.

Though President Arafat did not live to see the attainment of these goals, the world will continue to strive towards them.

Today, our condolences go to President Arafat’s wife and young daughter, for whom his death is a personal tragedy. Our thoughts and prayers also go to his wider family - the Palestinian people, in the hope that they will find the strength, vision and courage to look ahead to the possibility of a peaceful settlement, for the benefit of succeeding generations.

IV. COMMITTEE ON THE EXERCISE OF THE INALIENABLE RIGHTS OF THE
PALESTINIAN PEOPLE ISSUES STATEMENT ON THE PASSING OF
PALESTINIAN AUTHORITY PRESIDENT ARAFAT

The Bureau of the Committee on the Exercise of the Inalienable Rights of the Palestinian People on 11 November 2004 issued the following statement on the passing of Palestinian Authority President Yasser Arafat (GA/PAL/970):

The Bureau of the Committee on the Exercise of the Inalienable Rights of the Palestinian People is deeply saddened by the death of Yasser Arafat, Chairman of the Executive Committee of the Palestine Liberation Organization and President of the Palestinian Authority. The Palestinian people have lost a leader who, for decades, has been a powerful symbol of national aspiration, unity, steadfastness and courage, and who devoted most of his life to the struggle against the occupation and for the realization of the inalienable rights of the Palestinian people.

In the last decade, President Arafat has embarked on a historic journey towards achieving what he often called the “peace of the brave” and realizing the goal of establishing the State of Palestine, living side by side with Israel - the goal that would also bring peace, security and stability to the region.

The Bureau of the Committee is hopeful that, in these difficult times, the Palestinian people will remain united and determined to continue along the road of peace charted by President Arafat. We shall support the Palestinian people until their inalienable rights are fully realized in keeping with international legitimacy. The Committee will continue to work for a comprehensive, just and lasting settlement of the question of Palestine in accordance with all relevant United Nations resolutions and international law.

On behalf of the Committee, the Bureau expresses its deepest condolences to the family of President Arafat and to the Palestinian people on this tragic loss.

V. WORLD BANK PRESIDENT ISSUES STATEMENT ON THE PASSING
AWAY OF PALESTINIAN AUTHORITY PRESIDENT ARAFAT

On 11 November 2004, World Bank President James D. Wolfensohn issued the following statement on the passing away of Palestinian Authority President Yasser Arafat (2005/156/S):

Our deepest condolences go to the family of President Arafat, and to his friends and colleagues who stood by his side over so many turbulent years. The World Bank would like all the Palestinian people to know that we will continue to work for a just peace, and for the achievement of an atmosphere of optimism and hope. We shall continue our efforts to support the Palestinian administration in implementing economic, social, and cultural programs as the basis of security and peace for all.

VI. COUNCIL OF PRESIDENTS OF THE GENERAL ASSEMBLY EXPRESSES CONCERN OVER MIDDLE EAST SITUATION
The Council of Presidents of the General Assembly held its annual meeting at the United Nations Headquarters from 16 to 18 November 2004. On 18 November the Council issued a communiqué expressing concern over the deteriorating situation in the Middle East (GA/10301). The following is an excerpt of the communiqué:



The Council further expressed grave concern on the deteriorating situation in Palestinian territories and the great human cost being committed, and called for strict commitment to international covenants and norms. The Council called for exerting all efforts to urge the international community to live up to its responsibilities to promote a just and lasting peace in the area.


VII. MIDDLE EAST QUARTET MEETS IN SHARM EL-SHEIKH

The United Nations News Service on 23 November 2004 issued the following news item on the Middle East Quartet’s meeting in Sharm El-Sheikh. The news item contained the Secretary-General’s remarks after the meeting:



“… we are all encouraged by what is happening,” Mr. Annan said in Sharm-el-Sheikh, Egypt, after talks with top officials of the European Union, Russia and the United States, the three other sponsors of the Road Map plan calling for parallel and reciprocal steps by both sides leading to two States living in peace by the end of 2005.

Mr. Annan added that the Quartet had reaffirmed its determination to work with the Palestinian leaders to support elections in January for a successor to President Yasser Arafat, who had died earlier that month, to work with them on their reform processes and to ensure that the international community will give them the necessary support for their economic and social programmes.

“We also believe that this is an opportunity to really come together and move ahead with the implementation of the Roadmap and we believe that the Israeli Government is also ready to do this,” he declared.

Mr. Annan, who is in the Egyptian resort town to attend an international meeting on reconstruction in Iraq, said specific help for the Palestinians could include the dispatch of election monitors and financial support both from the Quartet and other countries as well.

He also said elections would require some freedom of movement for the Palestinians, and he hoped Israel would remove some of the restrictions it had imposed during the past four years of violence to facilitate the poll.

“Obviously that will have to be part of the process, if you are going to have elections, and people have to campaign and move around to vote, some of the restrictions will have to be lifted and we are hopeful that that will be done,” he told a questioner.

VIII. SECRETARY-GENERAL ISSUES MESSAGE ON THE INTERNATIONAL
DAY OF SOLIDARITY WITH THE PALESTINIAN PEOPLE

On 29 November 2004, the United Nations observed the International Day of Solidarity with the Palestinian People at New York, Geneva and Vienna, in accordance with General Assembly resolution 32/40 B of 2 December 1977. The Secretary-General conveyed a message at the meeting in New York, which was convened on his behalf by the Directors-General at Geneva and Vienna. At the meeting in New York, statements and messages were also delivered by Paul Badji (Senegal), Chairman of the Committee on the Exercise of the Inalienable Rights of the Palestinian People, other Permanent Representatives to the United Nations, the President of the Security Council, the President of the General Assembly and officials from the Palestinian Authority. The texts of statements and messages made on this occasion were included in an International Day of Solidarity Special Bulletin published by the Division for Palestinian Rights (05-57367). The statement of the Secretary-General is reproduced below (SG/SM/9620, GA/PAL/974):

On this International Day of Solidarity with the Palestinian People, I take the opportunity to express, once again, my sympathy to the Palestinian people, who are mourning the loss of their leader, the late President Arafat. Let us hope that his memory will be an inspiration to the Palestinian people at this difficult time, so that they may remain united and strengthened in their efforts to realize their national aspirations for statehood and self-determination through peaceful means. Over the past four years, bloodshed and chaos in the Middle East have continued without respite. Palestinians have endured a dismal existence of grinding poverty and dispossession. But they have not been good years for Israelis, either. They too have borne great loss. They too need security. The past four years have demonstrated all too clearly that violence only begets violence, and pushes farther away the prospect of a peaceful solution to the conflict. However, we must not give way to despair and pessimism. Today, throughout the world, people hope that a new chance for peace may be around the corner. That opportunity must not be let pass. The international community must gather its strength and renew its commitment to work for a reinvigorated peace process. Following the recent Quartet meeting in Sharm el Sheikh, I am hopeful that it will do so. The Quartet’s Road Map still embodies a path to peace that is accepted by both the Palestinians and Israelis, and strongly supported by the international community. It is high time that it be given a chance to succeed, and that the parties begin to live up to their commitments under it. And I have expressed my hope that Israel’s disengagement plan will revive peace efforts based on the Road Map, leading to the end of the occupation of the West Bank, including East Jerusalem, as well as the Gaza Strip, and paving the way for a sovereign, democratic and contiguous Palestinian State, living side by side in peace with a secure Israel. For my part, I pledge to continue to work with all parties for a comprehensive, just and lasting settlement of the question of Palestine, based on Security Council resolutions, and on the principle of land for peace.
IX. WORLD BANK AND USAID ISSUE REPORT
The Services Group/USAID and the World Bank issued on 1 December 2004 a report entitled Stagnation or Revival? Israeli Disengagement and Palestinian Economic Prospects (ISBN 2005/07/19). The report consists of four technical papers with the following titles: “Borders and Trade Logistics”; Industrial Estates; Export Possibilities and Settlements. The summary of each of the technical papers is reproduced below:

Technical Paper I - Borders and Trade Logistics

Summary

Costly and unreliable trade logistics - in conjunction with the closure regime - are the most immediate impediment to improving Palestinian market access and competitiveness. Israel’s legitimate security needs notwithstanding, exporters in the West Bank and Gaza must be able to deliver goods to buyers at an agreed price and according to schedule if they are to play their part in reviving the Palestinian economy. What is required, and what is possible today, is a systematic rethinking of the balance between security and trade facilitation through the design of border crossing facilities, the use of security technologies and the adoption and monitoring of new management procedures.

Assuming the maintenance of the quasi-Customs Union, the current arrangements warrant certain improvements. Palestinian customs should once again assume responsibility for clearing cargo and collecting custom duties at the external borders of Gaza and the West Bank. If Palestinian exporters are to become more competitive, they should also benefit from direct access to the outside world. A Roll-On, Roll-Off facility and a helicopter service in Gaza are proposed as interim solutions pending the construction of the Gaza seaport and refurbishment of the airport. In both cases, a third party could assist the PA, or be contracted by it, to carry out security and customs procedures. A link between Gaza and the West Bank that permits flexible and low-cost transport whilst ensuring adequate security is also needed to ensure balanced growth and proper governance. Technical Paper II - Industrial Estates

Summary

After a promising start in the late 1990s, industrial estates (IEs) in the West Bank and Gaza have suffered significantly from political uncertainty and the movement restrictions imposed on Palestinian goods and people since the start of the intifada. Reviving the Industrial Estates Program requires a dependable operating environment regarding both access and procedures, which is contingent upon actions by the Government of Israel and the Palestinian Authority. Under the right conditions, and if driven by investor demand, IEs can help foster Palestinian economic recovery, particularly given the duty-free access to the United States and European Union markets. Their contribution toward employment generation, however, is likely to be limited in the nearterm. The currently only operating IE employs less than 700 workers. Under today’s policy framework, industrial estates would create no more than about 8,500 new jobs by the end of 2008. Technical Paper III – Export Possibilities Under a Reformed Border Regime

Summary

The future of Palestinian economic development lies in moving from an economy based on labor exports to Israel to an economy exporting goods and services to Israel and the rest of the world. Since the outbreak of the intifada, Palestinian export performance has deteriorated badly, reflecting a substantial erosion in competitiveness. Transforming the productive structure of the West Bank and Gaza will be a formidable challenge. For now, there are compelling reasons to keep the quasi-Customs Union between Israel and the West Bank and Gaza in place. However, a number of aspects of the current arrangements warrant revision and improvement.

Key measures for Palestinian policy makers to enhance competitiveness include: helping enterprises gain access to markets on favorable terms, through the implementation of trade agreements; addressing issues pertaining to high labor costs, addressing diminishing skills and low productivity; stimulating competitiveness at the firm and sector levels; and building a business-friendly environment which is genuinely supportive of productive activity. This will require a climate of law and order, functioning legal and judicial systems, a more responsive financial sector and better public-private interaction.


Technical Paper IV – Settlements

Summary

It is critical that the transfer, management and disposal (TMD) of settlement assets be well-planned. No firm decision has yet been taken by the Government of Israel (GOI) on which assets
it will transfer, or by the Palestinian Authority (PA) on how the assets will be used. GOI is prepared to coordinate the asset transfer process with the PA, both from a security perspective and at a technical level. While advocating a position on settlements based on international law, the PA is planning for the use of the settlement assets in the context of the Medium-Term Development Plan 2005-7. The PA has indicated that settlement assets that do not fit into the regional plans for Gaza and the West Bank should be dismantled.

The Bank recommends the establishment of a dedicated administrative body for the disposal of land, using fast-track procedures. In order to ensure the transparency and efficiency of the TMD process, clear rules and procedures should be formalized and agreed upon in advance. The involvement of the general public in the entire process is essential. Building on international experience, a three-tiered institutional approach is proposed - to include the Palestinian Legislative Council, a multi-stakeholder Supervisory Board under PA leadership, and an existing or new PA body for implementation. In the Bank’s opinion, a small, light special agency structure - without independent budget authority, reporting to the Supervisory Board, and provided with dedicated technical assistance - would be the preferred set-up.

X. GENERAL ASSEMBLY ADOPTS FOUR RESOLUTIONS ON THE
QUESTION OF PALESTINE

The General Assembly, at its fifty-ninth session, considered agenda item 37 entitled “Question of Palestine”, at three plenary meetings, held on 29 and 30 November and 1 December 2004. The General Assembly had before it the report of the Committee on the Exercise of the Inalienable Rights of the Palestinian People (A/59/35) and the report of the Secretary-General (A/59/574). For the verbatim record of the plenary consideration of agenda item 37, see documents A/59/PV.61, A/59/PV.62 and A/59/PV.64.

Draft resolutions A/59/L.34, A/59/L.35, A/59/L.36 and A/59/L.37 were introduced by the Chairman of the Committee on the Exercise of the Inalienable Rights of the Palestinian People. The four draft resolutions were considered by the Assembly and adopted on 1 December 2004 as resolutions 59/28, 59/29, 59/30 and 59/31. The texts of the resolutions are reproduced below. Voting details are given in a document prepared by the Division for Palestinian Rights (A/AC.183/L.2/Add.26).

59/28. Committee on the Exercise of the Inalienable Rights of the Palestinian People

The General Assembly,

Recalling its resolutions 181 (II) of 29 November 1947, 194 (III) of 11 December 1948, 3236 (XXIX) of 22 November 1974, 3375 (XXX) and 3376 (XXX) of 10 November 1975, 31/20 of 24 November 1976 and all subsequent relevant resolutions, including those adopted by the General Assembly at its emergency special sessions and resolution 58/18 of 3 December 2003,

Recalling also its resolution 58/292 of 6 May 2004,

Having considered the report of the Committee on the Exercise of the Inalienable Rights of the Palestinian People,1

Recalling the mutual recognition between the Government of the State of Israel and the Palestine Liberation Organization, the representative of the Palestinian people, as well as the existing agreements between the two sides and the need for full compliance with those agreements,

Recalling also the Quartet road map to a permanent two-State solution to the Israeli-Palestinian conflict,2

Recalling further the advisory opinion rendered on 9 July 2004 by the International Court of Justice on the Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory,3 and recalling also its resolution ES-10/15 of 20 July 2004,

Reaffirming that the United Nations has a permanent responsibility towards the question of Palestine until the question is resolved in all its aspects in a satisfactory manner in accordance with international legitimacy,

1. Expresses its appreciation to the Committee on the Exercise of the Inalienable Rights of the Palestinian People for its efforts in performing the tasks assigned to it by the General Assembly, and takes note of its annual report,1 including the conclusions and recommendations contained in chapter VII thereof;

2. Requests the Committee to continue to exert all efforts to promote the realization of the inalienable rights of the Palestinian people, to support the Middle East peace process and to mobilize international support for and assistance to the Palestinian people, and authorizes the Committee to make such adjustments in its approved programme of work as it may consider appropriate and necessary in the light of developments and to report thereon to the General Assembly at its sixtieth session and thereafter;

3. Also requests the Committee to continue to keep under review the situation relating to the question of Palestine and to report and make suggestions to the General Assembly, the Security Council or the Secretary-General, as appropriate;

4. Further requests the Committee to continue to extend its cooperation and support to Palestinian and other civil society organizations in order to mobilize international solidarity and support for the achievement by the Palestinian people of its inalienable rights and for a peaceful settlement of the question of Palestine, and to involve additional civil society organizations in its work;

5. Requests the United Nations Conciliation Commission for Palestine, established under General Assembly resolution 194 (III), and other United Nations bodies associated with the question of Palestine to continue to cooperate fully with the Committee and to make available to it, at its request, the relevant information and documentation which they have at their disposal;

6. Invites all Governments and organizations to extend their cooperation to the Committee in the performance of its tasks;

7. Requests the Secretary-General to circulate the report of the Committee to all the competent bodies of the United Nations, and urges them to take the necessary action, as appropriate;

8. Also requests the Secretary-General to continue to provide the Committee with all the necessary facilities for the performance of its tasks.
64th plenary meeting
1 December 2004

__________
1 Official Records of the General Assembly, Fifty-ninth Session, Supplement No. 35 (A/59/35).
2 S/2003/529, annex.
3 See A/ES-10/ 273 and Corr. 1

59/29. Division for Palestinian Rights of the Secretariat

The General Assembly,

Having considered the report of the Committee on the Exercise of the Inalienable Rights of the Palestinian People,1

Taking note in particular of the relevant information contained in chapter V.B of that report,

Recalling its resolution 32/40 B of 2 December 1977 and all subsequent relevant resolutions, including resolution 58/19 of 3 December 2003,

1. Notes with appreciation the action taken by the Secretary-General in compliance with its resolution 58/19;

2. Considers that the Division for Palestinian Rights of the Secretariat continues to make a useful and constructive contribution;

3. Requests the Secretary-General to continue to provide the Division with the necessary resources and to ensure that it continues to carry out its programme of work as detailed in the relevant earlier resolutions, in consultation with the Committee on the Exercise of the Inalienable Rights of the Palestinian People and under its guidance, including, in particular, the organization of meetings in various regions with the participation of all sectors of the international community, the further development and expansion of the documents collection of the United Nations Information System on the Question of Palestine, the preparation and widest possible dissemination of publications and information materials on various aspects of the question of Palestine and the provision of the annual training programme for staff of the Palestinian Authority;

4. Also requests the Secretary-General to ensure the continued cooperation of the Department of Public Information and other units of the Secretariat in enabling the Division to perform its tasks and in covering adequately the various aspects of the question of Palestine;

5. Invites all Governments and organizations to extend their cooperation to the Division in the performance of its tasks;

6. Requests the Committee and the Division, as part of the observance of the International Day of Solidarity with the Palestinian People on 29 November, to continue to organize an annual exhibit on Palestinian rights or a cultural event in cooperation with the Permanent Observer Mission of Palestine to the United Nations, and encourages Member States to continue to give the widest support and publicity to the observance of the Day of Solidarity.
64th plenary meeting
1 December 2004

__________
1 Official Records of the General Assembly, Fifty-ninth Session, Supplement No. 35 (A/59/35).



59/30. Special information programme on the question of Palestine of the Department of Public Information of the Secretariat

The General Assembly,

Having considered the report of the Committee on the Exercise of the Inalienable Rights of the Palestinian People,1

Taking note in particular of the information contained in chapter VI of that report,

Recalling its resolution 58/20 of 3 December 2003,

Convinced that the worldwide dissemination of accurate and comprehensive information and the role of civil society organizations and institutions remain of vital importance in heightening awareness of and support for the inalienable rights of the Palestinian people,

Recalling the mutual recognition between the Government of the State of Israel and the Palestine Liberation Organization, the representative of the Palestinian people, as well as the existing agreements between the two sides and the need for full compliance with those agreements,

Recalling also the Quartet road map to a permanent two-State solution to the Israeli-Palestinian conflict,2

Taking note of the advisory opinion rendered on 9 July 2004 by the International Court of Justice on the Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory,3

1. Notes with appreciation the action taken by the Department of Public Information of the Secretariat in compliance with resolution 58/20;

2. Considers that the special information programme on the question of Palestine of the Department is very useful in raising the awareness of the international community concerning the question of Palestine and the situation in the Middle East and that the programme is contributing effectively to an atmosphere conducive to dialogue and supportive of the peace process;

3. Requests the Department, in full cooperation and coordination with the Committee on the Exercise of the Inalienable Rights of the Palestinian People, to continue, with the necessary flexibility as may be required by developments affecting the question of Palestine, its special information programme for the biennium 2004–2005, in particular:

(a) To disseminate information on all the activities of the United Nations system relating to the question of Palestine, including reports on the work carried out by the relevant United Nations organizations;

(b) To continue to issue and update publications on the various aspects of the question of Palestine in all fields, including materials concerning the recent developments in that regard, in particular the prospects for peace;

(c) To expand its collection of audio-visual material on the question of Palestine and to continue the production and preservation of such material and the updating of the exhibit in the Secretariat;

(d) To organize and promote fact-finding news missions for journalists to the Occupied Palestinian Territory, including East Jerusalem;

(e) To organize international, regional and national seminars or encounters for journalists, aiming in particular at sensitizing public opinion to the question of Palestine;

(f) To continue to provide assistance to the Palestinian people in the field of media development, in particular to strengthen the training programme for Palestinian broadcasters and journalists initiated in 1995.
64th plenary meeting
1 December 2004

__________
1 Official Records of the General Assembly, Fifty-ninth Session, Supplement No. 35 (A/59/35).
2 S/2003/529, annex.
3 See A/ES-10/273 and Corr.1.



59/31. Peaceful settlement of the question of Palestine

The General Assembly,

Recalling its relevant resolutions, including those adopted at the tenth emergency special session,

Recalling also its resolution 58/292 of 6 May 2004,

Recalling further the relevant Security Council resolutions, including resolutions 242 (1967) of 22 November 1967, 338 (1973) of 22 October 1973, 1397 (2002) of 12 March 2002, 1515 (2003) of 19 November 2003 and 1544 (2004) of 19 May 2004,

Welcoming the affirmation by the Security Council of the vision of a region where two States, Israel and Palestine, live side by side within secure and recognized borders,

Noting with concern that it has been fifty-seven years since the adoption of resolution 181 (II) of 29 November 1947 and thirty-seven years since the occupation of Palestinian territory, including East Jerusalem, in 1967,

Having considered the report of the Secretary-General submitted pursuant to the request made in its resolution 58/21 of 3 December 2003,1

Reaffirming the permanent responsibility of the United Nations with regard to the question of Palestine until the question is resolved in all its aspects in accordance with international law,

Recalling the advisory opinion rendered on 9 July 2004 by the International Court of Justice on the Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory,2 and recalling also its resolution ES-10/15 of 20 July 2004,

Convinced that achieving a final and peaceful settlement of the question of Palestine, the core of the Arab-Israeli conflict, is imperative for the attainment of comprehensive and lasting peace and stability in the Middle East,

Aware that the principle of equal rights and self-determination of peoples is among the purposes and principles enshrined in the Charter of the United Nations,

Affirming the principle of the inadmissibility of the acquisition of territory by war,

Recalling its resolution 2625 (XXV) of 24 October 1970,

Reaffirming the illegality of the Israeli settlements in the territory occupied since 1967 and of Israeli actions aimed at changing the status of Jerusalem,

Reaffirming also that the construction by Israel, the occupying Power, of a wall in the Occupied Palestinian Territory, including in and around East Jerusalem, and its associated regime, are contrary to international law,

Affirming once again the right of all States in the region to live in peace within secure and internationally recognized borders,

Recalling the mutual recognition between the Government of the State of Israel and the Palestine Liberation Organization, the representative of the Palestinian people,3 and the agreements concluded between the two sides, and the need for full compliance with those agreements,

Recalling also the endorsement by the Security Council, in resolution 1515 (2003), of the Quartet road map to a permanent two-State solution to the Israeli-Palestinian conflict,4 and stressing the urgent need for its implementation and compliance with its provisions,

Noting the establishment of the Palestinian Authority, and recognizing the urgent need to rebuild, reform and strengthen its damaged institutions,

Welcoming the contribution to the peace process of the United Nations Special Coordinator for the Middle East Peace Process and Personal Representative of the Secretary-General to the Palestine Liberation Organization and the Palestinian Authority, including in the framework of the activities of the Quartet,

Welcoming also the convening of international donor meetings, as well as the establishment of international mechanisms to provide assistance to the Palestinian people,

Expressing its grave concern over the tragic events in the Occupied Palestinian Territory, including East Jerusalem, since 28 September 2000 and the continuing deterioration of the situation, including the rising number of deaths and injuries, mostly among Palestinian civilians, the deepening humanitarian crisis facing the Palestinian people and the widespread destruction of Palestinian property and infrastructure, both private and public, including institutions of the Palestinian Authority,

Expressing its grave concern also over the repeated military actions in the Occupied Palestinian Territory and the reoccupation of Palestinian population centres by the Israeli occupying forces,

Emphasizing the importance of the safety and well-being of all civilians in the whole Middle East region, and condemning all acts of violence and terror against civilians on both sides, including the suicide bombings, the extrajudicial executions and the excessive use of force,

Gravely concerned over the increased suffering and casualties on both the Palestinian and Israeli sides, the loss of confidence on both sides and the dire situation facing the Middle East peace process,

Aware of the urgent need for revitalized and active international involvement to support both parties in overcoming the current dangerous impasse in the peace process,

Affirming the urgent need for the parties to cooperate with all international efforts, including the efforts of the Quartet, to end the current tragic situation and to resume and accelerate negotiations towards a final peace settlement,

Welcoming the initiatives and efforts undertaken by civil society in pursuit of a peaceful settlement of the question of Palestine,

Taking note of the findings by the International Court of Justice, in its advisory opinion, including on the urgent necessity for the United Nations as a whole to redouble its efforts to bring the Israeli-Palestinian conflict, which continues to pose a threat to international peace and security, to a speedy conclusion, thereby establishing a just and lasting peace in the region,5

1. Reaffirms the necessity of achieving a peaceful settlement of the question of Palestine, the core of the Arab-Israeli conflict, in all its aspects, and of intensifying all efforts towards that end;

2. Reaffirms its full support for the Middle East peace process, which began in Madrid, and the existing agreements between the Israeli and Palestinian sides, stresses the necessity for the establishment of a comprehensive, just and lasting peace in the Middle East, and welcomes in this regard the ongoing efforts of the Quartet;

3. Welcomes the Arab Peace Initiative adopted by the Council of the League of Arab States at its fourteenth session, held in Beirut on 27 and 28 March 2002;6

4. Calls upon both parties to fulfil their obligations in implementation of the road map 4 by taking parallel and reciprocal steps in this regard, and stresses the importance and urgency of establishing a credible and effective third-party monitoring mechanism including all members of the Quartet;

5. Stresses the need for a speedy end to the reoccupation of Palestinian population centres and for the complete cessation of all acts of violence, including military attacks, destruction and acts of terror;

6. Calls upon the parties, with the support of the Quartet and other interested parties, to exert all efforts necessary to halt the deterioration of the situation, to reverse all measures taken on the ground since 28 September 2000 and to facilitate a speedy resumption of the peace process and the conclusion of a final peaceful settlement;

7. Demands that Israel, the occupying Power, comply with its legal obligations, as mentioned in the advisory opinion, 2 and calls upon all States Members of the United Nations to comply with their legal obligations as mentioned in the advisory opinion;

8. Reaffirms its commitment, in accordance with international law, to the two-State solution of Israel and Palestine, living side by side in peace and security within recognized borders, based on the pre-1967 borders;

9. Reiterates its demand for the complete cessation of all Israeli settlement activities in the Occupied Palestinian Territory, including East Jerusalem, and in the occupied Syrian Golan, and calls for the implementation of the relevant Security Council resolutions;

10. Stresses the need for:

(a) The withdrawal of Israel from the Palestinian territory occupied since 1967;

(b) The realization of the inalienable rights of the Palestinian people, primarily the right to self-determination and the right to their independent State;

11. Also stresses the need for resolving the problem of the Palestine refugees in conformity with its resolution 194 (III) of 11 December 1948;

12. Urges Member States to expedite the provision of economic, humanitarian and technical assistance to the Palestinian people and the Palestinian Authority during this critical period to help to alleviate the suffering of the Palestinian people, rebuild the Palestinian economy and infrastructure and support the restructuring and reform of Palestinian institutions;

13. Requests the Secretary-General to continue his efforts with the parties concerned, and in consultation with the Security Council, towards the attainment of a peaceful settlement of the question of Palestine and the promotion of peace in the region and to submit to the General Assembly at its sixtieth session a report on these efforts and on developments on this matter.
64th plenary meeting
1 December 2004

___________
1 A/59/574-S/2004/909.
2 See A/ES-10/273 and Corr.1.
3 See A/48/486-S/26560, annex.
4 S/2003/529, annex.
5 See A/ES-10/273 and Corr.1, advisory opinion, para. 161.
6 A/56/1026-S/2002/932, annex II, resolution 14/221.


XI. GENERAL ASSEMBLY ADOPTS TWO RESOLUTIONS ON THE
SITUATION IN THE MIDDLE EAST

The General Assembly considered agenda item 36, entitled “The situation in the Middle East,” at three plenary meetings held on 30 November and 3 December 2004. Under the item, the General Assembly had before it two reports, on Jerusalem (A/59/431) and on the peaceful settlement of the question of Palestine (A/59/574). For the verbatim records of the meetings, see documents see A/59/PV.62, A/59/PV.63 and A/59/PV.64.

On 1 December 2004, the General Assembly adopted two resolutions A/59/32 and A/59/33 entitled “Jerusalem” and “The Syrian Golan” respectively. The text of the resolution on Jerusalem is reproduced below with an indication of the vote. Voting details are given in a document prepared by the Division for Palestinian Rights (A/AC.183/L.2/Add.26).

59/32. Jerusalem

The General Assembly,

Recalling its resolution 181 (II) of 29 November 1947, in particular its provisions regarding the City of Jerusalem,

Recalling also its resolution 36/120 E of 10 December 1981 and all subsequent resolutions, including resolution 56/31 of 3 December 2001, in which it, inter alia, determined that all legislative and administrative measures and actions taken by Israel, the occupying Power, which have altered or purported to alter the character and status of the Holy City of Jerusalem, in particular the so-called “Basic Law” on Jerusalem and the proclamation of Jerusalem as the capital of Israel, were null and void and must be rescinded forthwith,

Recalling further Security Council resolutions relevant to Jerusalem, including resolution 478 (1980) of 20 August 1980, in which the Council, inter alia, decided not to recognize the “Basic Law” and called upon those States which had established diplomatic missions in Jerusalem to withdraw such missions from the Holy City,

Recalling the advisory opinion rendered on 9 July 2004 by the International Court of Justice on the Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory,1 and recalling resolution ES-10/15 of 20 July 2004,

Expressing its grave concern at any action taken by any body, governmental or non-governmental, in violation of the above-mentioned resolutions,

Reaffirming that the international community, through the United Nations, has a legitimate interest in the question of the City of Jerusalem and the protection of the unique spiritual, religious and cultural dimensions of the city, as foreseen in relevant United Nations resolutions on this matter,

Having considered the report of the Secretary-General,2

1. Reiterates its determination that any actions taken by Israel to impose its laws, jurisdiction and administration on the Holy City of Jerusalem are illegal and therefore null and void and have no validity whatsoever;

2. Deplores the transfer by some States of their diplomatic missions to Jerusalem in violation of Security Council resolution 478 (1980), and calls once more upon those States to abide by the provisions of the relevant United Nations resolutions, in conformity with the Charter of the United Nations;

3. Stresses that a comprehensive, just and lasting solution to the question of the City of Jerusalem should take into account the legitimate concerns of both the Palestinian and Israeli sides and should include internationally guaranteed provisions to ensure the freedom of religion and of conscience of its inhabitants, as well as permanent, free and unhindered access to the holy places by the people of all religions and nationalities;

4. Requests the Secretary-General to report to the General Assembly at its sixtieth session on the implementation of the present resolution.
64th plenary meeting
1 December 2004

____________
1 See A/ES-10/273 and Corr. 1.
2 A/59/431.


XII. GENERAL ASSEMBLY ADOPTS RESOLUTION ON ASSISTANCE TO THE PALESTINIAN PEOPLE
On 2 December 2004, at the 65th plenary meeting of its fifty-ninth session, the General Assembly considered agenda item 39 (c) on assistance to the Palestinian people and adopted resolution 59/56. For the verbatim record of the meeting, see A/59/PV.65. For the Secretary-General’s report on assistance to the Palestinian people, see A/59/121-E/2004/88. The text of the resolution is reproduced below. Voting details are given in a document prepared by the Division for Palestinian Rights (A/AC.183/L.2/Add.26).


59/56. Assistance to the Palestinian people

The General Assembly,

Recalling its resolution 58/113 of 17 December 2003, as well as previous resolutions on the question,

Recalling also the signing of the Declaration of Principles on Interim Self-Government Arrangements in Washington, D.C., on 13 September 1993, by the Government of the State of Israel and the Palestine Liberation Organization, the representative of the Palestinian people,1 and the subsequent implementation agreements concluded by the two sides,

Gravely concerned at the deterioration in the living conditions of the Palestinian people throughout the occupied territory, which constitutes a mounting humanitarian crisis,

Conscious of the urgent need for improvement in the economic and social infrastructure of the occupied territory,

Aware that development is difficult under occupation and is best promoted in circumstances of peace and stability,

Noting the great economic and social challenges facing the Palestinian people and their leadership,

Conscious of the urgent necessity for international assistance to the Palestinian people, taking into account the Palestinian priorities,

Welcoming the results of the Conference to Support Middle East Peace, convened in Washington, D.C., on 1 October 1993, the establishment of the Ad Hoc Liaison Committee and the work being done by the World Bank as its secretariat and the establishment of the Consultative Group, as well as all follow-up meetings and international mechanisms established to provide assistance to the Palestinian people,

Welcoming also the work of the Joint Liaison Committee, which provides a forum in which economic policy and practical matters related to donor assistance are discussed with the Palestinian Authority,

Stressing the continued importance of the work of the Ad Hoc Liaison Committee in the coordination of assistance to the Palestinian people,

Noting the upcoming meeting of the Ad Hoc Liaison Committee to review the state of the Palestinian economy,

Stressing the need for the full engagement of the United Nations in the process of building Palestinian institutions and in providing broad assistance to the Palestinian people, and welcoming in this regard the support provided to the Palestinian Authority by the Task Force on Palestinian Reform, established by the Quartet in 2002,

Noting, in this regard, the active participation of the United Nations Special Coordinator for the Middle East Peace Process and Personal Representative of the Secretary-General to the Palestine Liberation Organization and the Palestinian Authority in the activities of the Special Envoys of the Quartet,

Welcoming the endorsement by the Security Council, in its resolution 1515 (2003) of 19 November 2003, of the performance-based road map to a permanent two-State solution to the Israeli-Palestinian conflict,2 and stressing the need for its implementation and compliance with its provisions,

Having considered the report of the Secretary-General,3

Expressing grave concern at the continuation of the recent tragic and violent events that have led to many deaths and injuries,

1. Takes note of the report of the Secretary-General;3

2. Also takes note of the report of the Personal Humanitarian Envoy of the Secretary-General on the humanitarian conditions and needs of the Palestinian people;4

3. Expresses its appreciation to the Secretary-General for his rapid response and efforts regarding assistance to the Palestinian people;

4. Also expresses its appreciation to the Member States, United Nations bodies and intergovernmental, regional and non-governmental organizations that have provided and continue to provide assistance to the Palestinian people;

5. Stresses the importance of the work of the United Nations Special Coordinator for the Middle East Peace Process and Personal Representative of the Secretary-General to the Palestine Liberation Organization and the Palestinian Authority and of the steps taken under the auspices of the Secretary-General to ensure the achievement of a coordinated mechanism for United Nations activities throughout the occupied territories;

6. Urges Member States, international financial institutions of the United Nations system, intergovernmental and non-governmental organizations and regional and interregional organizations to extend, as rapidly and as generously as possible, economic and social assistance to the Palestinian people, in close cooperation with the Palestine Liberation Organization and through official Palestinian institutions;

7. Calls upon relevant organizations and agencies of the United Nations system to intensify their assistance in response to the urgent needs of the Palestinian people in accordance with Palestinian priorities set forth by the Palestinian Authority;

8. Urges Member States to open their markets to exports of Palestinian products on the most favourable terms, consistent with appropriate trading rules, and to implement fully existing trade and cooperation agreements;

9. Calls upon the international donor community to expedite the delivery of pledged assistance to the Palestinian people to meet their urgent needs;

10. Stresses, in this context, the importance of ensuring the free passage of aid to the Palestinian people and the free movement of persons and goods;

11. Urges the international donor community, United Nations agencies and organizations and non-governmental organizations to extend as rapidly as possible emergency economic and humanitarian assistance to the Palestinian people to counter the impact of the current crisis;

12. Stresses the need to implement the Paris Protocol on Economic Relations of 29 April 1994, fifth annex to the Israeli-Palestinian Interim Agreement on the West Bank and the Gaza Strip, signed in Washington, D.C., on 28 September 1995, 5 in particular with regard to the full and prompt clearance of Palestinian indirect tax revenues, and welcomes the progress made in this regard;

13. Suggests the convening in 2005 of a United Nations-sponsored seminar on assistance to the Palestinian people;

14. Requests the Secretary-General to submit a report to the General Assembly at its sixtieth session, through the Economic and Social Council, on the implementation of the present resolution, containing:

(a) An assessment of the assistance actually received by the Palestinian people;

(b) An assessment of the needs still unmet and specific proposals for responding effectively to them;

15. Decides to include in the provisional agenda of its sixtieth session the sub-item entitled “Assistance to the Palestinian people”.

65th plenary meeting
2 December 2004

___________
1 A/48/486-S/26560, annex.
2 S/2003/529, annex.
3 A/59/121-E/2004/88.
4 Available from http://domino.un.org/bertini_rpt.htm.
5 A/51/889-S/1997/357, annex.


XIII. SECRETARY-GENERAL REPORTS ON SITUATION OF
AND ASSISTANCE TO PALESTINIAN WOMEN

On 10 December 2004, the Secretary-General issued a report (E/CN.6/2005/4) on the situation of and assistance to Palestinian women, as requested by the Economic and Social Council in its resolution 2004/56 of 23 July 2004. The report summarizes the situation of Palestinian women between October 2003 and September 2004. The conclusions and recommendations of the report are reproduced below:

IV. Conclusions and recommendations

45. In the reporting period, the ongoing conflict in the Occupied Palestinian Territory had a significant negative effect on Palestinian women. Women were among those killed or wounded and/or who lost their spouses, children or family members. Furthermore, the declining economic conditions, caused by restrictions on movement, perpetuated massive unemployment, an increase in poverty and lack of access to health care, health-care services and education. Restriction of movement has also resulted in the death of pregnant women and infants. Furthermore, pressures of the ongoing conflict have led to increased domestic violence and psychological stress among women and children. In view of that increase, it is imperative that the newly established Ministry of Women’s Affairs, in collaboration with NGOs, focus on the root causes and consequences of domestic violence in order to identify appropriate measures to combat the problem.

46. The organizations of the United Nations system have continued to make efforts to improve the conditions of Palestinian women. Many of the initiatives undertaken by the entities of the United Nations system have been aimed at long-term sustainable development for Palestinian people, including women. It is important that the United Nations entities continue to assist Palestinian women in coping with the socio-economic difficulties they face as a result of the conflict. Palestinian women continue to require assistance with income-generating projects aimed at poverty alleviation, education and training, access to health care and health-care services, and with ongoing advocacy initiatives aimed at combating violence against women and protecting their fundamental human rights. Member States, entities of the United Nations system, non-governmental organizations and other relevant institutions should intensify their efforts to provide financial and technical assistance to Palestinian women. These targeted efforts should be accompanied by increased efforts to visibly address gender dimensions in all activities of support and assistance to the Palestinian people in the socio-economic and humanitarian fields.

47. While the reports by relevant bodies provided considerable information on the overall situation in the Occupied Palestinian Territory and made reference to women, limited information was provided on the specific situation of women and girls. The specific impacts of the crisis on women, as compared to men, should be highlighted so that targeted actions can be taken to mitigate gender-specific negative impacts. Gender perspectives should be more fully integrated into international assistance programmes through, inter alia, in-depth gender analysis and the collection of data disaggregated by sex. Gender perspectives should also be fully incorporated into all studies and reports undertaken by the United Nations on the Palestinian people in order to effectively assess the impact of the situation of Palestinian women.

48. Since the status and living conditions of Palestinian women are linked to achieving a peaceful resolution of the conflict, additional efforts need to be made by the international community to end the violent confrontations in the Occupied Palestinian Territory. In that regard, it is particularly important that women are fully involved in all conflict-resolution and peace-building initiatives to be undertaken in the region, in accordance with the Beijing Platform for Action and Security Council resolution 1325 (2000). It is also important that efforts be made to increase women’s full participation in decision-making processes at all levels.

XIV. GENERAL ASSEMBLY ADOPTS FIVE RESOLUTIONS ON THE SPECIAL COMMITTEE TO INVESTIGATE ISRAELI PRACTICES

At its 71st plenary meeting convened on 10 December 2004, , the General Assembly considered the report of the Special Political and Decolonization Committee (Fourth Committee) under agenda item 76 entitled “Report of the Special Committee to Investigate Israeli Practices Affecting the Human Rights of the Palestinian People and Other Arabs of the Occupied Territories” (A/59/471). The Fourth Committee had considered the report of the Special Committee concerning the protection and the promotion of the rights of the Palestinian people and other Arab inhabitants of the occupied territories (A/59/381). On the recommendation of the Fourth Committee, the General Assembly adopted five resolutions (A/RES/59/121-125). The verbatim record of the plenary meeting is contained in document (A/59/PV.71), and voting details are given in a document produced by the Division for Palestinian Rights (A/AC.183/L.2/Add. 26). The texts of four of the resolutions are reproduced below. Voting details are given in a document prepared by the Division for Palestinian Rights (A/AC.183/L.2/Add. 26).


59/121. Work of the Special Committee to Investigate Israeli Practices Affecting the Human Rights of the Palestinian People and Other Arabs of the Occupied Territories

The General Assembly,

Guided by the purposes and principles of the Charter of the United Nations,

Guided also by international humanitarian law, in particular the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949,1 as well as international standards of human rights, in particular the Universal Declaration of Human Rights2 and the International Covenants on Human Rights,3

Recalling its relevant resolutions, including resolutions 2443 (XXIII) of 19 December 1968 and 58/96 of 9 December 2003, and the relevant resolutions of the Commission on Human Rights,

Recalling also the relevant resolutions of the Security Council,

Taking into account the advisory opinion rendered on 9 July 2004 by the International Court of Justice on the Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory,4 and recalling in this regard General Assembly resolution ES-10/15 of 20 July 2004,

Convinced that occupation itself represents a gross and grave violation of human rights,

Gravely concerned about the continuation of the tragic events that have taken place since 28 September 2000, including the excessive use of force by the Israeli occupying forces against Palestinian civilians, resulting in thousands of deaths and injuries,

Having considered the report of the Special Committee to Investigate Israeli Practices Affecting the Human Rights of the Palestinian People and Other Arabs of the Occupied Territories5 and the relevant reports of the Secretary-General,6

Recalling the Declaration of Principles on Interim Self-Government Arrangements of 13 September 19937 and the subsequent implementation agreements between the Palestinian and Israeli sides,

Expressing the hope that the Israeli occupation will be brought to an early end and that therefore the violation of the human rights of the Palestinian people will cease, and recalling in this regard its resolution 58/292 of 6 May 2004,

1. Commends the Special Committee to Investigate Israeli Practices Affecting the Human Rights of the Palestinian People and Other Arabs of the Occupied Territories for its efforts in performing the tasks assigned to it by the General Assembly and for its impartiality;

2. Reiterates its demand that Israel, the occupying Power, cooperate with the Special Committee in implementing its mandate;

3. Deplores those policies and practices of Israel that violate the human rights of the Palestinian people and other Arabs of the occupied territories, as reflected in the report of the Special Committee covering the reporting period;5

4. Expresses grave concern about the continuing crisis situation in the Occupied Palestinian Territory, including East Jerusalem, since 28 September 2000, as a result of unlawful Israeli practices and measures, and especially condemns the excessive and indiscriminate use of force against the civilian population, including extrajudicial executions, which has resulted in more than 3,400 Palestinian deaths, including those of more than 750 children, and tens of thousands of injuries;

5. Requests the Special Committee, pending complete termination of the Israeli occupation, to continue to investigate Israeli policies and practices in the Occupied Palestinian Territory, including East Jerusalem, and other Arab territories occupied by Israel since 1967, especially Israeli violations of the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949,1 and to consult, as appropriate, with the International Committee of the Red Cross according to its regulations in order to ensure that the welfare and human rights of the peoples of the occupied territories are safeguarded and to report to the Secretary-General as soon as possible and whenever the need arises thereafter;

6. Also requests the Special Committee to submit regularly to the Secretary-General periodic reports on the current situation in the Occupied Palestinian Territory, including East Jerusalem;

7. Further requests the Special Committee to continue to investigate the treatment of prisoners and detainees in the Occupied Palestinian Territory, including East Jerusalem, and other Arab territories occupied by Israel since 1967;

8. Requests the Secretary-General:

(a) To provide the Special Committee with all necessary facilities, including those required for its visits to the occupied territories, so that it may investigate Israeli policies and practices referred to in the present resolution;

(b) To continue to make available such staff as may be necessary to assist the Special Committee in the performance of its tasks;

(c) To circulate regularly to Member States the periodic reports mentioned in paragraph 6 above;

(d) To ensure the widest circulation of the reports of the Special Committee and of information regarding its activities and findings, by all means available, through the Department of Public Information of the Secretariat and, where necessary, to reprint those reports of the Special Committee that are no longer available;

(e) To report to the General Assembly at its sixtieth session on the tasks entrusted to him in the present resolution;

9. Decides to include in the provisional agenda of its sixtieth session the item entitled “Report of the Special Committee to Investigate Israeli Practices Affecting the Human Rights of the Palestinian People and Other Arabs of the Occupied Territories”.

71st plenary meeting
10 December 2004

____________
1 United Nations, Treaty Series, vol. 75, No. 973.
2 Resolution 217 A (III).
3 Resolution 2200 A (XXI), annex.
4 See A/ES-10/273 and Corr.1.
5 See A/59/381.
6 A/59/338, A/59/339, A/59/343, A/59/344 and A/59/345.
7 A/48/486-S/26560, annex.



59/122. Applicability of the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949, to the Occupied Palestinian Territory, including East Jerusalem, and the other occupied Arab territories

The General Assembly,

Recalling its relevant resolutions, including its resolution 58/292 of 6 May 2004,

Recalling also its resolution ES-10/15 of 20 July 2004,

Bearing in mind the relevant resolutions of the Security Council,

Recalling the Regulations annexed to the Hague Convention IV of 1907,1 the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949,2 and relevant provisions of customary law, including those codified in Additional Protocol I3 to the four Geneva Conventions,4

Having considered the report of the Special Committee to Investigate Israeli Practices Affecting the Human Rights of the Palestinian People and Other Arabs of the Occupied Territories5 and the relevant reports of the Secretary-General,6

Considering that the promotion of respect for the obligations arising from the Charter of the United Nations and other instruments and rules of international law is among the basic purposes and principles of the United Nations,

Recalling the advisory opinion rendered on 9 July 2004 by the International Court of Justice,7 and also recalling General Assembly resolution ES-10/15,

Noting in particular the Court’s reply, including that the Fourth Geneva Convention2 is applicable in the Occupied Palestinian Territory, including East Jerusalem, and that Israel is in breach of several of the provisions of the Convention,

Noting the convening for the first time, on 15 July 1999, of a Conference of High Contracting Parties to the Fourth Geneva Convention, as recommended by the General Assembly in its resolution ES-10/6 of 9 February 1999, on measures to enforce the Convention in the Occupied Palestinian Territory, including East Jerusalem, and to ensure respect thereof in accordance with article 1 common to the four Geneva Conventions, and aware of the statement adopted by the Conference,

Welcoming the reconvening of the Conference of High Contracting Parties to the Fourth Geneva Convention on 5 December 2001 in Geneva and stressing the importance of the Declaration adopted by the Conference, and underlining the need for the parties to follow up the implementation of the Declaration,

Welcoming and encouraging the initiatives by States parties to the Convention, both individually and collectively, according to article 1 common to the four Geneva Conventions, aimed at ensuring respect for the Convention,

Stressing that Israel, the occupying Power, should comply strictly with its obligations under international law, including international humanitarian law,

1. Reaffirms that the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949,2 is applicable to the Occupied Palestinian Territory, including East Jerusalem, and other Arab territories occupied by Israel since 1967;

2. Demands that Israel accept the de jure applicability of the Convention in the Occupied Palestinian Territory, including East Jerusalem, and other Arab territories occupied by Israel since 1967, and that it comply scrupulously with the provisions of the Convention;

3. Calls upon all High Contracting Parties to the Convention, in accordance with article 1 common to the four Geneva Conventions4 and as mentioned in the advisory opinion of the International Court of Justice of 9 July 2004,7 to continue to exert all efforts to ensure respect for its provisions by Israel, the occupying Power, in the Occupied Palestinian Territory, including East Jerusalem, and other Arab territories occupied by Israel since 1967;

4. Reiterates the need for speedy implementation of the relevant recommendations contained in the resolutions of its tenth emergency special session, including resolution ES-10/15, with regard to ensuring respect by Israel, the occupying Power, for the provisions of the Convention;

5. Requests the Secretary-General to report to the General Assembly at its sixtieth session on the implementation of the present resolution.

71st plenary meeting
10 December 2004

___________
1 See Carnegie Endowment for International Peace, The Hague Conventions and Declarations of 1899 and 1907 (New York, Oxford University Press, 1915).
2 United Nations, Treaty Series, vol. 75, No. 973.
3 Ibid., vol. 1125, No. 17512.
4 Ibid., vol. 75, Nos. 970-973.
5 See A/59/381.
6 A/59/338, A/59/339, A/59/343, A/59/344 and A/59/345.
7 See A/ES-10/273 and Corr.1.



59/123. Israeli settlements in the Occupied Palestinian Territory, including East Jerusalem, and the occupied Syrian Golan

The General Assembly,

Guided by the principles of the Charter of the United Nations, and affirming the inadmissibility of the acquisition of territory by force,

Recalling its relevant resolutions, including resolution 58/292 of 6 May 2004, as well as those resolutions adopted at its tenth emergency special session,

Recalling also relevant Security Council resolutions, including resolutions 242 (1967) of 22 November 1967, 446 (1979) of 22 March 1979, 465 (1980) of 1 March 1980, 476 (1980) of 30 June 1980, 478 (1980) of 20 August 1980, 497 (1981) of 17 December 1981 and 904 (1994) of 18 March 1994,

Reaffirming the applicability of the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949,1 to the Occupied Palestinian Territory, including East Jerusalem, and to the occupied Syrian Golan,

Considering that the transfer by the occupying Power of parts of its own civilian population into the territory it occupies is a breach of the Fourth Geneva Convention1 and relevant provisions of customary law, including those codified in Additional Protocol I2 to the Geneva Conventions,3

Recalling the advisory opinion rendered on 9 July 2004 by the International Court of Justice on the Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory,4 and recalling also General Assembly resolution ES-10/15 of 20 July 2004,

Noting that the Court concluded that “the Israeli settlements in the Occupied Palestinian Territory (including East Jerusalem) have been established in breach of international law”,5

Taking note of the recent report of the Special Rapporteur of the Commission on Human Rights on the situation of human rights in the Palestinian territories occupied by Israel since 1967,6

Recalling the Declaration of Principles on Interim Self-Government Arrangements of 13 September 19937 and the subsequent implementation agreements between the Palestinian and Israeli sides,

Recalling also the Quartet road map to a permanent two-State solution to the Israeli-Palestinian conflict,8 and noting specifically its call for a freeze on all settlement activity,

Aware that Israeli settlement activities have involved, inter alia, the transfer of nationals of the occupying Power into the occupied territories, the confiscation of land, the exploitation of natural resources and other illegal actions against the Palestinian civilian population,

Bearing in mind the detrimental impact of Israeli settlement policies, decisions and activities on efforts to achieve peace in the Middle East,

Expressing grave concern about the continuation by Israel, the occupying Power, of settlement activities, in violation of international humanitarian law, relevant United Nations resolutions and the agreements reached between the parties, including the construction and expansion of the settlements in Jabal Abu-Ghneim and Ras Al-Amud in and around Occupied East Jerusalem,

Expressing grave concern also about the continuing unlawful construction by Israel of the wall inside the Occupied Palestinian Territory, including in and around East Jerusalem, and expressing its concern in particular about the route of the wall in departure from the Armistice Line of 1949, which could prejudge future negotiations and make the two-State solution physically impossible to implement and which is causing the Palestinian people further humanitarian hardship,

Deeply concerned that the wall’s route has been traced in such a way as to include the great majority of the Israeli settlements in the Occupied Palestinian Territory, including East Jerusalem,

Reiterating its opposition to settlement activities in the Occupied Palestinian Territory, including East Jerusalem, and to any activities involving the confiscation of land, the disruption of the livelihood of protected persons and the de facto annexation of land,

Recalling the need to end all acts of violence, including acts of terror, provocation, incitement and destruction,

Gravely concerned about the dangerous situation resulting from actions taken by the illegal armed Israeli settlers in the occupied territory,

Taking note of the relevant reports of the Secretary-General,9

1. Reaffirms that Israeli settlements in the Palestinian territory, including East Jerusalem, and in the occupied Syrian Golan are illegal and an obstacle to peace and economic and social development;

2. Calls upon Israel to accept the de jure applicability of the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 19491 to the Occupied Palestinian Territory, including East Jerusalem, and to the occupied Syrian Golan and to abide scrupulously by the provisions of the Convention, in particular article 49;

3. Reiterates its demand for the complete cessation of all Israeli settlement activities in the Occupied Palestinian Territory, including East Jerusalem, and in the occupied Syrian Golan, and calls for the full implementation of the relevant Security Council resolutions;

4. Demands that Israel, the occupying Power, comply with its legal obligations, as mentioned in the advisory opinion rendered on 9 July 2004 by the International Court of Justice;4

5. Stresses the need for full implementation of Security Council resolution 904 (1994), in which, among other things, the Council called upon Israel, the occupying Power, to continue to take and implement measures, including confiscation of arms, with the aim of preventing illegal acts of violence by Israeli settlers, and called for measures to be taken to guarantee the safety and protection of the Palestinian civilians in the occupied territory;

6. Reiterates its calls for the prevention of all acts of violence by Israeli settlers, especially against Palestinian civilians and property, particularly in the light of recent developments;

7. Requests the Secretary-General to report to the General Assembly at its sixtieth session on the implementation of the present resolution.

71st plenary meeting
10 December 2004

___________
1 United Nations, Treaty Series, vol. 75, No. 973.
2 Ibid., vol. 1125, No. 17512.
3 Ibid., vol. 75, Nos. 970-973.
4 See A/ES-10/273 and Corr.1.
5 Ibid., advisory opinion, para. 120.
6 See A/59/256.
7 A/48/486-S/26560, annex.
8 S/2003/529, annex.
9 A/59/338, A/59/339, A/59/343, A/59/344, A/59/345 and A/59/381.



59/124. Israeli practices affecting the human rights of the Palestinian people in the Occupied Palestinian Territory, including East Jerusalem

The General Assembly,

Recalling its relevant resolutions, including resolution 58/292 of 6 May 2004, as well as those adopted at its tenth emergency special session,

Recalling also the relevant resolutions of the Commission on Human Rights,

Bearing in mind the relevant resolutions of the Security Council,

Having considered the report of the Special Committee to Investigate Israeli Practices Affecting the Human Rights of the Palestinian People and Other Arabs of the Occupied Territories1 and the report of the Secretary-General,2

Taking note of the report of the Human Rights Inquiry Commission established by the Commission on Human Rights3 and the recent reports of the Special Rapporteur of the Commission on Human Rights on the situation of human rights in the Palestinian territories occupied by Israel since 1967,4

Recalling the advisory opinion rendered on 9 July 2004 by the International Court of Justice,5 and recalling also General Assembly resolution ES-10/15 of 20 July 2004,

Noting in particular the Court’s reply, including that the construction of the wall by Israel, the occupying Power, in the Occupied Palestinian Territory, including in and around East Jerusalem, and its associated regime are contrary to international law,

Recalling the International Covenant on Civil and Political Rights,6 the International Covenant on Economic, Social and Cultural Rights6 and the Convention on the Rights of the Child,7 and affirming that these human rights instruments must be respected in the Occupied Palestinian Territory, including East Jerusalem,

Aware of the responsibility of the international community to promote human rights and ensure respect for international law, and recalling in this regard its resolution 2625 (XXV) of 24 October 1970,

Reaffirming the principle of the inadmissibility of the acquisition of territory by force,

Reaffirming also the applicability of the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949,8 to the Occupied Palestinian Territory, including East Jerusalem, and other Arab territories occupied by Israel since 1967,

Reaffirming further the obligation of the States parties to the Fourth Geneva Convention8 under articles 146, 147 and 148 with regard to penal sanctions, grave breaches and responsibilities of the High Contracting Parties,

Reaffirming that all States have the right and the duty to take actions in conformity with international law and international humanitarian law to counter deadly acts of violence against their civilian population in order to protect the lives of their citizens,

Stressing the need for full compliance with the Israeli-Palestinian agreements reached within the context of the Middle East peace process and the implementation of the Quartet road map to a permanent two-State solution to the Israeli-Palestinian conflict,9

Concerned about the continuing systematic violation of the human rights of the Palestinian people by Israel, the occupying Power, including that arising from the excessive use of force, the use of collective punishment, the reoccupation and closure of areas, the confiscation of land, the establishment and expansion of settlements, the construction of the wall inside the Occupied Palestinian Territory in departure from the Armistice Line of 1949, the destruction of property and all other actions by it designed to change the legal status, geographical nature and demographic composition of the Occupied Palestinian Territory, including East Jerusalem,

Gravely concerned about the military actions that have been carried out since 28 September 2000 and that have led to thousands of deaths among Palestinian civilians, including hundreds of children, and tens of thousands of injuries,

Expressing deep concern about the extensive destruction caused by the Israeli occupying forces, including of religious, cultural and historical sites, of vital infrastructure and institutions of the Palestinian Authority, and of agricultural land throughout Palestinian cities, towns, villages and refugee camps,

Expressing deep concern also about the Israeli policy of closure and the severe restrictions, including curfews, that continue to be imposed on the movement of persons and goods, including medical and humanitarian personnel and goods, throughout the Occupied Palestinian Territory, including East Jerusalem, and the consequent negative impact on the socio-economic situation of the Palestinian people, which remains that of a dire humanitarian crisis,

Expressing concern that thousands of Palestinians continue to be held in Israeli prisons or detention centres under harsh conditions that impair their well-being, and also expressing concern about the ill-treatment and harassment of any Palestinian prisoners and all reports of torture,

Convinced of the need for an international presence to monitor the situation, to contribute to ending the violence and protecting the Palestinian civilians and to help the parties to implement agreements reached, and, in this regard, recalling the positive contribution of the Temporary International Presence in Hebron,

Stressing the necessity for the full implementation of all relevant Security Council resolutions,

1. Reiterates that all measures and actions taken by Israel, the occupying Power, in the Occupied Palestinian Territory, including East Jerusalem, in violation of the relevant provisions of the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949,8 and contrary to the relevant resolutions of the Security Council, are illegal and have no validity;

2. Demands that Israel, the occupying Power, comply fully with the provisions of the Fourth Geneva Convention of 19498 and cease immediately all measures and actions taken in violation and in breach of the Convention, including the extrajudicial executions;

3. Condemns all acts of violence, including all acts of terror, provocation, incitement and destruction, especially the excessive use of force by the Israeli occupying forces against Palestinian civilians, resulting in extensive loss of life, vast numbers of injuries and massive destruction of homes, properties, agricultural lands and vital infrastructure;

4. Expresses grave concern at the use of suicide bombing attacks against Israeli civilians, resulting in extensive loss of life and injury;

5. Condemns the events that occurred in the Jenin refugee camp in April 2002, including the loss of life, injury, widespread destruction and displacement inflicted on many of its civilian inhabitants;

6. Condemns also the killing of Palestinian civilians and the widespread demolition of homes by Israel, the occupying Power, in the Rafah refugee camp in May 2004 and in the Jabaliya refugee camp in October 2004;

7. Demands that Israel, the occupying Power, cease all practices and actions which violate the human rights of the Palestinian people, respect human rights law and comply with its obligations;

8. Demands also that Israel, the occupying Power, comply with its legal obligations under international law, as mentioned in the advisory opinion rendered on 9 July 2004 by the International Court of Justice5 and as demanded in resolution ES-10/15 and resolution ES-10/13 of 21 October 2003, and that it cease the construction of the wall in the Occupied Palestinian Territory, including in and around East Jerusalem, dismantle forthwith the structure situated therein, repeal or render ineffective all legislative and regulatory acts relating thereto, and make reparation for all damage caused by the construction of the wall;

9. Stresses the need to preserve the territorial integrity of all the Occupied Palestinian Territory and to guarantee the freedom of movement of persons and goods within the Palestinian territory, including the removal of restrictions on movement into and from East Jerusalem, and the freedom of movement to and from the outside world;

10. Requests the Secretary-General to report to the General Assembly at its sixtieth session on the implementation of the present resolution.

71st plenary meeting
10 December 2004

__________
1 See A/59/381.
2 A/59/345.
3 E/CN.4/2001/121.
4 See E/CN.4/2004/6 and Add.1 and A/59/256.
5 See A/ES-10/273 and Corr.1.
6 See resolution 2200 A (XXI), annex.
7 United Nations, Treaty Series, vol. 1577, No. 27531.
8 Ibid., vol. 75, No. 973.
9 S/2003/529, annex.


XV. GENERAL ASSEMBLY ADOPTS FOUR RESOLUTIONS ON THE UNITED
NATIONS RELIEF AND WORKS AGENCY FOR PALESTINE
REFUGEES IN THE NEAR EAST

At its 71st plenary meeting, convened on 10 December 2004, the General Assembly considered the report of the Special Political and Decolonization Committee (Fourth Committee), under agenda item 75 entitled “United Nations Relief and Works Agency for Palestine Refugees in the Near East” (A/59/470). Under the item, the Fourth Committee had considered the report of the Commissioner-General of the United Nations Relief and Works Agency for Palestine Refugees in the Near East (A/59/13), as well as the report of the Working Group on the Financing of the United Nations Relief and Works Agency for Palestine Refugees in the Near East (A/59/442). On the recommendation of the Fourth Committee, the General Assembly adopted four resolutions under agenda item 75 (A/RES/59/117-120). For the verbatim record of the consideration of the item in the plenary, see document A/59/PV.71. The texts of the resolutions are reproduced below. Voting details are given in a document prepared by the Division for Palestinian Rights (A/AC.183/L.2/Add. 26).


59/117. Assistance to Palestine refugees

The General Assembly,

Recalling its resolution 194 (III) of 11 December 1948 and all its subsequent resolutions on the question, including resolution 58/91 of 9 December 2003,

Recalling also its resolution 302 (IV) of 8 December 1949, by which, inter alia, it established the United Nations Relief and Works Agency for Palestine Refugees in the Near East,

Recalling further relevant Security Council resolutions,

Aware of the fact that, for more than five decades, the Palestine refugees have suffered from the loss of their homes, lands and means of livelihood,

Affirming the imperative of resolving the problem of the Palestine refugees for the achievement of justice and for the achievement of lasting peace in the region,

Acknowledging the essential role that the United Nations Relief and Works Agency for Palestine Refugees in the Near East has played for more than fifty-four years since its establishment in ameliorating the plight of the Palestine refugees in the fields of education, health and relief and social services,

Taking note of the report of the Commissioner-General of the United Nations Relief and Works Agency for Palestine Refugees in the Near East covering the period from 1 July 2003 to 30 June 2004,1

Aware of the continuing needs of the Palestine refugees throughout all the fields of operation, namely Jordan, Lebanon, the Syrian Arab Republic and the Occupied Palestinian Territory,

Expressing grave concern at the especially difficult situation of the Palestine refugees under occupation, including with regard to their safety, well-being and living conditions, and the continuous deterioration of those conditions during the recent period,

Noting the signing of the Declaration of Principles on Interim Self-Government Arrangements on 13 September 1993 by the Government of Israel and the Palestine Liberation Organization 2 and the subsequent implementation agreements,

Aware of the important role to be played in the peace process by the Multilateral Working Group on Refugees of the Middle East peace process,

1. Notes with regret that repatriation or compensation of the refugees, as provided for in paragraph 11 of General Assembly resolution 194 (III), has not yet been effected and that, therefore, the situation of the Palestine refugees continues to be a matter of grave concern;

2. Also notes with regret that the United Nations Conciliation Commission for Palestine has been unable to find a means of achieving progress in the implementation of paragraph 11 of General Assembly resolution 194 (III), and requests the Conciliation Commission to exert continued efforts towards the implementation of that paragraph and to report to the Assembly as appropriate, but no later than 1 September 2005;

3. Affirms the necessity for the continuation of the work of the United Nations Relief and Works Agency for Palestine Refugees in the Near East and the importance of its operation and its services for the well-being of the Palestine refugees and for the stability of the region, pending the resolution of the question of the Palestine refugees;

4. Calls upon all donors to continue to make the most generous efforts possible to meet the anticipated needs of the Agency, including those mentioned in recent emergency appeals;

5. Decides to extend the mandate of the Agency until 30 June 2008, without prejudice to the provisions of paragraph 11 of General Assembly resolution 194 (III).

71st plenary meeting
10 December 2004

__________
1 Official Records of the General Assembly, Fifty-ninth Session, Supplement No. 13 (A/59/13).
2 A/48/486-S/26560, annex.


59/118. Persons displaced as a result of the June 1967 and subsequent hostilities

The General Assembly,

Recalling its resolutions 2252 (ES-V) of 4 July 1967, 2341 B (XXII) of 19 December 1967 and all subsequent related resolutions,

Recalling also Security Council resolutions 237 (1967) of 14 June 1967 and 259 (1968) of 27 September 1968,

Taking note of the report of the Secretary-General submitted in pursuance of its resolution 58/92 of 9 December 2003, 1

Taking note also of the report of the Commissioner-General of the United Nations Relief and Works Agency for Palestine Refugees in the Near East covering the period from 1 July 2003 to 30 June 2004,2

Concerned about the continuing human suffering resulting from the June 1967 and subsequent hostilities,

Taking note of the relevant provisions of the Declaration of Principles on Interim Self-Government Arrangements of 19933 with regard to the modalities for the admission of persons displaced in 1967, and concerned that the process agreed upon has not yet been effected,

1. Reaffirms the right of all persons displaced as a result of the June 1967 and subsequent hostilities to return to their homes or former places of residence in the territories occupied by Israel since 1967;

2. Expresses deep concern that the mechanism agreed upon by the parties in article XII of the Declaration of Principles on Interim Self-Government Arrangements of 1993 3 on the return of displaced persons has not been complied with, and stresses the necessity for an accelerated return of displaced persons;

3. Endorses, in the meanwhile, the efforts of the Commissioner-General of the United Nations Relief and Works Agency for Palestine Refugees in the Near East to continue to provide humanitarian assistance, as far as practicable, on an emergency basis, and as a temporary measure, to persons in the area who are currently displaced and in serious need of continued assistance as a result of the June 1967 and subsequent hostilities;

4. Strongly appeals to all Governments and to organizations and individuals to contribute generously to the Agency and to the other intergovernmental and non-governmental organizations concerned for the above-mentioned purposes;

5. Requests the Secretary-General, after consulting with the Commissioner-General, to report to the General Assembly before its sixtieth session on the progress made with regard to the implementation of the present resolution.

71st plenary meeting
10 December 2004

_________
1 A/59/151.
2 Official Records of the General Assembly, Fifty-ninth Session, Supplement No. 13 (A/59/13).
3 A/48/486-S/26560, annex.



59/119. Operations of the United Nations Relief and Works Agency for Palestine Refugees in the Near East

The General Assembly,

Recalling its resolutions 194 (III) of 11 December 1948, 212 (III) of 19 November 1948, 302 (IV) of 8 December 1949 and all subsequent related resolutions, including resolution 58/93 of 9 December 2003,

Recalling also the relevant Security Council resolutions,

Having considered the report of the Commissioner-General of the United Nations Relief and Works Agency for Palestine Refugees in the Near East covering the period from 1 July 2003 to 30 June 2004,1

Taking note of the letter dated 30 September 2004 from the Chairperson of the Advisory Commission of the United Nations Relief and Works Agency for Palestine Refugees in the Near East addressed to the Commissioner-General, 2

Deeply concerned about the continuing critical financial situation of the Agency and its effect on the continuing provision of necessary Agency services to the Palestine refugees, including its emergency-related and development programmes,

Recalling Articles 100, 104 and 105 of the Charter of the United Nations and the Convention on the Privileges and Immunities of the United Nations,3

Recalling also the Convention on the Safety of United Nations and Associated Personnel,4

Affirming the applicability of the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949,5 to the Palestinian territory occupied since 1967, including East Jerusalem,

Aware of the continuing needs of the Palestine refugees throughout the Occupied Palestinian Territory and in the other fields of operation, namely, in Jordan, Lebanon and the Syrian Arab Republic,

Gravely concerned about the increased suffering of the Palestine refugees, including that resulting from loss of life, injury and extensive destruction and damage to their shelters and properties, during the ongoing crisis in the Occupied Palestinian Territory, including East Jerusalem,

Expressing grave concern about the grave impact of the events that occurred in the Jenin refugee camp in April 2002, the Rafah refugee camp in May 2004 and the Jabaliya refugee camp in October 2004, including the loss of life, injury, destruction and displacement inflicted on many of the civilian inhabitants,

Aware of the extraordinary efforts being undertaken by the Agency for the repair or rebuilding of thousands of damaged or destroyed refugee shelters,

Aware also of the valuable work done by the refugee affairs officers of the Agency in providing protection to the Palestinian people, in particular Palestine refugees,

Gravely concerned about the endangerment of the safety of the Agency’s staff and about the damage caused to facilities of the Agency as a result of Israeli military operations during the reporting period,

Deploring the killing of twelve Agency staff members by the Israeli occupying forces since September 2000,

Deploring also the killing and wounding of children in the Agency’s schools by the Israeli occupying forces,

Expressing deep concern about the continuing policies of closure and severe restrictions, including the curfews, that have been imposed on the movement of persons and goods throughout the Occupied Palestinian Territory, including East Jerusalem, and which have had a grave impact on the socio-economic situation of the Palestine refugees and have greatly contributed to the dire humanitarian crisis facing the Palestinian people,

Deeply concerned about the continuing imposition of restrictions on the freedom of movement of the Agency’s staff, vehicles and goods, the harassment and intimidation of the Agency’s staff and the serious accusations made against the Agency, which proved to be unfounded, all of which undermine and obstruct the Agency’s work, including its ability to provide its essential services, notably its education, health and relief and social services,

Recalling the signing, on 13 September 1993, of the Declaration of Principles on Interim Self-Government Arrangements by the Government of Israel and the Palestine Liberation Organization6 and the subsequent implementation agreements,

Aware of the agreement between the Agency and the Government of Israel,

Taking note of the agreement reached on 24 June 1994, embodied in an exchange of letters between the Agency and the Palestine Liberation Organization,7

1. Expresses its appreciation to the Commissioner-General of the United Nations Relief and Works Agency for Palestine Refugees in the Near East, as well as to all of the staff of the Agency, for their tireless efforts and valuable work, particularly in the light of the increasingly difficult conditions during the past year;

2. Also expresses its appreciation to the Advisory Commission of the United Nations Relief and Works Agency for Palestine Refugees in the Near East, and requests it to continue its efforts and to keep the General Assembly informed of its activities, including the full implementation of Assembly decision 48/417 of 10 December 1993;

3. Takes note with appreciation of the report of the Working Group on the Financing of the United Nations Relief and Works Agency for Palestine Refugees in the Near East8 and the efforts of the Working Group to assist in ensuring the financial security of the Agency, and requests the Secretary-General to provide the necessary services and assistance to the Working Group for the conduct of its work;

4. Commends the continuing efforts of the Commissioner-General to increase the budgetary transparency and efficiency of the Agency, as reflected in the Agency’s programme budget for the biennium 2004-2005;9

5. Acknowledges the support provided by the host Governments to the Agency in the discharge of its duties;

6. Welcomes the convening, on 7 and 8 June 2004, of the Geneva conference by the United Nations Relief and Works Agency for Palestine Refugees in the Near East and the Swiss Agency for Development and Cooperation to increase support for the United Nations Relief and Works Agency;

7. Encourages the Agency’s further consideration of the needs and rights of children in its operations in accordance with the Convention on the Rights of the Child;10

8. Expresses concern about the temporary relocation of the headquarters international staff of the Agency from Gaza City and the disruption of operations at the headquarters;

9. Calls upon Israel, the occupying Power, to comply fully with the provisions of the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949;5

10. Also calls upon Israel to abide by Articles 100, 104 and 105 of the Charter of the United Nations and the Convention on the Privileges and Immunities of the United Nations3 in order to ensure the safety of the personnel of the Agency, the protection of its institutions and the safeguarding of the security of its facilities in the Occupied Palestinian Territory, including East Jerusalem;

11. Urges the Government of Israel speedily to compensate the Agency for damage to its property and facilities resulting from actions by the Israeli side, particularly during the reporting period;

12. Calls upon Israel particularly to cease obstructing the movement of the staff, vehicles and supplies of the Agency and to cease the levying of extra fees and charges, which affect the Agency’s operations detrimentally;

13. Requests the Commissioner-General to proceed with the issuance of identification cards for Palestine refugees and their descendants in the Occupied Palestinian Territory;

14. Affirms that the functioning of the Agency remains essential in all fields of operation;

15. Notes the success of the Agency’s microfinance and microenterprise programme, and calls upon the Agency, in close cooperation with the relevant agencies, to continue to contribute to the development of the economic and social stability of the Palestine refugees in all fields of operation;

16. Reiterates its request to the Commissioner-General to proceed with the modernization of the archives of the Agency through the Palestine Refugee Records Project, and to indicate the progress made in this regard in his report to the General Assembly at its sixtieth session;

17. Reiterates its previous appeals to all States, specialized agencies and non-governmental organizations to continue and to augment the special allocations for grants and scholarships for higher education to Palestine refugees in addition to their contributions to the regular budget of the Agency and to contribute to the establishment of vocational training centres for Palestine refugees, and requests the Agency to act as the recipient and trustee for the special allocations for grants and scholarships;

18. Urges all States, specialized agencies and non-governmental organizations to continue and to increase their contributions to the Agency so as to ease the ongoing financial constraints, exacerbated by the current humanitarian situation on the ground, and to support the Agency’s valuable work in assisting the Palestine refugees.

71st plenary meeting
10 December 2004

___________
1 Official Records of the General Assembly, Fifty-ninth Session, Supplement No. 13 (A/59/13).
2 Ibid., p. viii.
3 Resolution 22 A (I).
4 United Nations, Treaty Series, vol. 2051, No. 35457.
5 Ibid., vol. 75, No. 973.
6 A/48/486-S/26560, annex.
7 Official Records of the General Assembly, Forty-ninth Session, Supplement No. 13 (A/49/13), annex. 1.
8 A/59/442.
9 Official Records of the General Assembly, Forty-ninth Session, Supplement No. 13, addendum (A/58/13/Add.1).
10 United Nations, Treaty Series, vol. 1577, No. 27531.



59/120. Palestine refugees’ properties and their revenues

The General Assembly,

Recalling its resolutions 194 (III) of 11 December 1948, 36/146 C of 16 December 1981 and all its subsequent resolutions on the question,

Taking note of the report of the Secretary-General submitted in pursuance of its resolution 58/94 of 9 December 2003,1

Taking note also of the report of the United Nations Conciliation Commission for Palestine for the period from 1 September 2003 to 31 August 2004,2

Recalling that the Universal Declaration of Human Rights3 and the principles of international law uphold the principle that no one shall be arbitrarily deprived of his or her property,

Recalling in particular its resolution 394 (V) of 14 December 1950, in which it directed the Conciliation Commission, in consultation with the parties concerned, to prescribe measures for the protection of the rights, property and interests of the Palestine refugees,

Noting the completion of the programme of identification and evaluation of Arab property, as announced by the Conciliation Commission in its twenty-second progress report,4 and the fact that the Land Office had a schedule of Arab owners and file of documents defining the location, area and other particulars of Arab property,

Expressing its appreciation for the work done to preserve and modernize the existing records, including the land records, of the Conciliation Commission and the importance of such records for a just resolution of the plight of the Palestine refugees in conformity with resolution 194 (III),

Recalling that, within the framework of the Middle East peace process, the Palestine Liberation Organization and the Government of Israel agreed, in the Declaration of Principles on Interim Self-Government Arrangements of 13 September 1993,5 to commence negotiations on permanent status issues, including the important issue of the refugees,

1. Reaffirms that the Palestine refugees are entitled to their property and to the income derived therefrom, in conformity with the principles of equity and justice;

2. Requeststhe Secretary-General to take all appropriate steps, in consultation with the United Nations Conciliation Commission for Palestine, for the protection of Arab property, assets and property rights in Israel;

3. Calls once again upon Israel to render all facilities and assistance to the Secretary-General in the implementation of the present resolution;

4. Calls upon all the parties concerned to provide the Secretary-General with any pertinent information in their possession concerning Arab property, assets and property rights in Israel that would assist him in the implementation of the present resolution;

5. Urges the Palestinian and Israeli sides, as agreed between them, to deal with the important issue of Palestine refugees’ properties and their revenues within the framework of the final status negotiations of the Middle East peace process;

6. Requests the Secretary-General to report to the General Assembly at its sixtieth session on the implementation of the present resolution.
71st plenary meeting
10 December 2004

___________
1 A/59/279.
2 A/59/260, annex.
3 Resolution 217 A (III).
4Official Records of the General Assembly, Nineteenth Session, Annexes, Annex No. 11, document A/5700.
5 A/48/486-S/26560, annex.


XVI. TENTH ASEAN SUMMIT ISSUES PRESS STATEMENT

On 14 December 2004, the Permanent Representative of the Lao People’s Democratic Republic to the United Nations addressed a letter to the Secretary-General in which he transmitted the press statement issued on 30 November 2004 by the Chairman of tenth summit the Association of South-East Asian Nations and its related summit meetings held at Vientiane on 29 and 30 November 2004 (A/59/612). Excerpts of the Chairman’s press statement are reproduced below:


Chairman’s Press Statement

10th ASEAN Summit and Related Summits
Vientiane, 29-30 November 2004


I. The 10th ASEAN Summit 3. At this Summit, the ASEAN Leaders exchanged views on regional and international political and economic issues, including:

...


(3) Middle East

The ASEAN Leaders expressed their concern over the violent situation in the Middle East and called for the creation of an independent Palestinian State living side by side with Israel within secure and internationally recognized borders that will bring about lasting peace in the Middle East.

...


XVII. GENERAL ASSEMBLY ADOPTS RESOLUTIONS ON THE RIGHT
OF PALESTINIAN PEOPLE TO SELF-DETERMINATION
AND ON PALESTINIAN CHILDREN

On 20 December 2004, the General Assembly considered agenda items 101 and 104 entitled “Promotion and protection of the rights of children” andRight of peoples to self-determination”, respectively. At the meeting, the General Assembly adopted a resolution entitled “The situation of and assistance to Palestinian children” (A/RES/59/173) and another entitled “The right of the Palestinian people to self-determination” (A/RES/59/179). For verbatim record see (A/59/PV.74). The texts of the resolutions are reproduced below. Voting details are given in a document prepared by the Division for Palestinian Rights (A/AC.183/L.2/Add.26).

59/173. 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 on the Rights of the Child,

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 Child1 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.

74th plenary meeting
20 December 2004

_____________
1 United Nations, Treaty Series, vol. 1577, No. 27531.
2 See A/ES-10/273 and Corr.1.
3 A/45/625, annex.
4 See resolution S-27/2, annex.
5 See resolution 2200 A (XXI), annex.
6 United Nations, Treaty Series, vol. 75, No. 973.



59/179. The right of the Palestinian people to self-determination

The General Assembly,

Aware that the development of friendly relations among nations, based on respect for the principle of equal rights and self-determination of peoples, is among the purposes and principles of the United Nations, as defined in the Charter,

Recalling , in this regard, its resolution 2625 (XXV) of 24 October 1970 entitled “Declaration on Principles of International Law concerning Friendly Relations and Cooperation among States in accordance with the Charter of the United Nations”,

Bearing in mind the International Covenants on Human Rights,1 the Universal Declaration of Human Rights,2 the Declaration on the Granting of Independence to Colonial Countries and Peoples3 and the Vienna Declaration and Programme of Action adopted at the World Conference on Human Rights on 25 June 1993,4

Recalling the Declaration on the Occasion of the Fiftieth Anniversary of the United Nations,5

Recalling also the United Nations Millennium Declaration,6

Recalling further the advisory opinion rendered on 9 July 2004 by the International Court of Justice on the Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory,7 and noting in particular the reply of the Court, including on the right of peoples to self-determination, which is a right erga omnes,8

Recalling the conclusion of the Court, in its advisory opinion of 9 July 2004, that the construction of the wall by Israel, the occupying Power, in the Occupied Palestinian Territory, including East Jerusalem, along with measures previously taken, severely impedes the right of the Palestinian people to self-determination,9

Expressing the urgent need for the resumption of negotiations within the Middle East peace process on its agreed basis and for the speedy achievement of a final settlement between the Palestinian and Israeli sides,

Recalling its resolution 58/292 of 6 May 2004,

Affirming the right of all States in the region to live in peace within secure and internationally recognized borders,

1. Reaffirms the right of the Palestinian people to self-determination, including the right to their independent State of Palestine;

2. Urges all States and the specialized agencies and organizations of the United Nations system to continue to support and assist the Palestinian people in the early realization of their right to self-determination.
74th plenary meeting
20 December 2004

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1 Resolution 2200 A (XXI), annex.
2 Resolution 217 A (III).
3 Resolution 1514 (XV).
4 A/CONF.157/24 (Part I), chap. III.
5 See resolution 50/6.
6 See resolution 55/2.
7 See A/ES-10/273 and Corr.1.
8 Ibid., advisory opinion, para. 88.
9 Ibid., para. 122.


XVIII. GULF COOPERATION COUNCIL ISSUES FINAL COMMUNIQUÉ


In a letter dated 3 January 2005 addressed to the Secretary-General, the Permanent Representative of Bahrain to the United Nations transmitted the text of the Final Communiqué, which was adopted by the Supreme Council of the Gulf Cooperation Council at its twenty-fifth session, held in the Kingdom of Bahrain on 20 and 21 December 2004 (A/59/663-S/2005/5). Excerpts of the Final Communiqué are reproduced below:

Final communiqué adopted by the Supreme Council of the Gulf Cooperation Council at its twenty-fifth session



The Council also expressed its profound sorrow over the death of Palestinian President Yasser Arafat - may God grant him eternal peace - who departed this world after a life of struggle for the restoration of the legitimate rights of the Palestinian people and the establishment of an independent State on their national soil. The Council presented its sincere condolences to the Palestinian people, as well as to the Arab Nation and the Islamic Ummah, on this great loss.

The Council reviewed the achievements realized in cooperation in all sectors since the previous session. It performed an overall assessment of political and security issues at all levels, both regional and international, in the light of recent events and developments affecting the Gulf region and the world at large.

In its desire to strengthen cooperation, the Council reviewed the recommendations and follow-up reports submitted by the Ministerial Council and took the necessary decisions with regard to them, as follows:



The Council reviewed the developments in Palestine and the ongoing hostile practices against unarmed Palestinians which the Israeli Government followed, defying international customs and covenants and the resolutions constituting international legitimacy, ignoring Arab and international initiatives and placing every possible obstacle in the way of efforts to revive the peace process.

The Council mentioned the wisdom and sense of responsibility evinced by the Palestinian leadership in effecting the transfer of authority with the utmost ease. This will inevitably shore up internal security, strengthen legitimacy and the role of political institutions and consecrate the unity of the Palestinian people. It is important and indeed essential to take advantage of the propitious circumstances and available opportunities in order to serve the Palestinian people’s just cause, so as to enable them to regain their legitimate rights, including the right to establish an independent State on their national soil, with Al-Quds Al-Sharif as its capital.

The Supreme Council expressed its wishes to the Palestinian leadership for success through continued solidarity and cooperation in dealing with future challenges.

The Council also expressed the hope that President George Bush, during his second term of office, would accord the question of the Middle East extremely high priority in the foreign policy of the United States of America so as to fulfil the promises made and the commitments undertaken regarding the establishment of a viable Palestinian State living in security and peace side by side with the State of Israel. It further expressed the aspiration that the Quartet would continue its efforts to mobilize the peace process in the Middle East in accordance with the requirements and the bases laid down in the road map and the Arab initiative, in addition to continuing its efforts to prepare a climate that would facilitate the Palestinian political process.

The Supreme Council demanded that Israel withdraw fully from all the occupied Arab lands in Palestine and the occupied Syrian Golan Heights to the line of 4 June 1967 and from the Shab`a Farms in southern Lebanon.

The Council reaffirmed its strong desire for GCC countries to support political and economic stability and security in their sister country Lebanon and to condemn Israeli acts of aggression against its sovereignty and independence.

The Council also called for efforts to make the Middle East, including the Gulf region, a zone free of all weapons of mass destruction and for pressure on Israel to accede to the Treaty on the Non-Proliferation of Nuclear Weapons and place all its nuclear installations under the international inspection regime of the International Atomic Energy Agency, and demanded that this should be made a fundamental condition for any future security arrangements.



XIX. GENERAL ASSEMBLY ADOPTS RESOLUTION ON PERMANENT SOVEREIGNTY OVER NATURAL RESOURCES

On 22 December 2004, at its seventy-fifth session, the General Assembly considered agenda item 9,1 under which it adopted a resolution entitled “Permanent sovereignty of the Palestinian people in the Occupied Palestinian Territory, including East Jerusalem, and of the Arab population in the occupied Syrian Golan over their natural resources” (A/RES/59/251). The Assembly had before it the report of the Second Committee (A/59/489). For a record of the vote see document A/59/PV.75. The text of the resolution is reproduced below. Voting details are given in a document prepared by the Division for Palestinian Rights (A/AC.183/L.2/Add.26).


59/251. Permanent sovereignty of the Palestinian people in the Occupied Palestinian Territory, including East Jerusalem, and of the Arab population in the occupied Syrian Golan over their natural resources

The General Assembly,

Recalling its resolution 58/229 of 23 December 2003, and taking note of Economic and Social Council resolution 2004/54 of 23 July 2004,

Recalling also its resolution 58/292 of 6 May 2004,

Reaffirming the principle of the permanent sovereignty of peoples under foreign occupation over their natural resources,

Guided by the principles of the Charter of the United Nations, affirming the inadmissibility of the acquisition of territory by force, and recalling relevant Security Council resolutions, including resolutions 242 (1967) of 22 November 1967, 465 (1980) of 1 March 1980 and 497 (1981) of 17 December 1981,

Recalling its resolution 2625 (XXV) of 24 October 1970,

Reaffirming the applicability of the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949,1 to the Occupied Palestinian Territory, including East Jerusalem, and other Arab territories occupied by Israel since 1967,

Recalling the advisory opinion rendered on 9 July 2004 by the International Court of Justice on the “Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory”,2 and recalling also its resolution ES-10/15 of 20 July 2004,

Expressing its concern at the exploitation by Israel, the occupying Power, of the natural resources of the Occupied Palestinian Territory, including East Jerusalem, and other Arab territories occupied by Israel since 1967,

Expressing its concern also at the extensive destruction by Israel, the occupying Power, of agricultural land and orchards in the Occupied Palestinian Territory during the recent period, including the uprooting of a vast number of olive trees,

Aware of the detrimental impact of the Israeli settlements on Palestinian and other Arab natural resources, especially as a result of the confiscation of land and the forced diversion of water resources, and of the dire economic and social consequences in this regard,

Aware also of the detrimental impact on Palestinian natural resources 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 of its grave effect on the economic and social conditions of the Palestinian people,

Reaffirming the need for the immediate resumption of negotiations within the Middle East peace process, on the basis of Security Council resolutions 242 (1967), 338 (1973) of 22 October 1973, 425 (1978) of 19 March 1978 and 1397 (2002) of 12 March 2002, the principle of land for peace and the Quartet performance-based road map to a permanent two-State solution to the Israeli-Palestinian conflict,3 as endorsed by the Security Council in its resolution 1515 (2003) of 19 November 2003, and for the achievement of a final settlement on all tracks,

Recalling the need to end all acts of violence, including acts of terror, provocation, incitement and destruction,

Taking note of the note by the Secretary-General transmitting the report prepared by the Economic and Social Commission for Western Asia on the economic and social repercussions of the Israeli occupation on the living conditions of the Palestinian people in the Occupied Palestinian Territory, including Jerusalem, and of the Arab population in the occupied Syrian Golan,4

1. Reaffirms the inalienable rights of the Palestinian people and the population of the occupied Syrian Golan over their natural resources, including land and water;

2. Calls upon Israel, the occupying Power, not to exploit, damage, cause loss or depletion of or endanger the natural resources in the Occupied Palestinian Territory, including East Jerusalem, and in the occupied Syrian Golan;

3. Recognizes the right of the Palestinian people to claim restitution as a result of any exploitation, damage, loss or depletion, or endangerment of their natural resources, and expresses the hope that this issue will be dealt with in the framework of the final status negotiations between the Palestinian and Israeli sides;

4. Requests the Secretary-General to report to it at its sixtieth session on the implementation of the present resolution, and decides to include in the provisional agenda of its sixtieth session the item entitled “Permanent sovereignty of the Palestinian people in the Occupied Palestinian Territory, including East Jerusalem, and of the Arab population in the occupied Syrian Golan over their natural resources”.

75th plenary meeting
22 December 2004

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1 United Nations, Treaty Series, vol. 75, No. 973.
2 A/ES-10/273 and Corr. 1.
3 See S/2003/529, annex.
4 A/59/89-E/2004/21.

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