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Bulletin mensuel de la DDP - Vol.XXIX, No.12 - Bulletin du Comité pour l’exercice des droits inaliénables du peuple palestinien/DDP (décembre 2006) - Publication de 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 2006



December 2006

Volume XXIX, Bulletin No. 12


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



Contents


Page
I.
General Assembly adopts four resolutions on the Question of Palestine
1
II.
General Assembly adopts two resolutions on the situation in the Middle East
10
III.
Secretary-General briefs the Security Council
13
IV.
General Assembly adopts five resolutions on the report of the Special Committee to Investigate Israeli Practices
16
V.
General Assembly adopts resolutions on UNRWA
28
VI.
General Assembly adopts resolution on assistance to the Palestinian people
36
VII.
General Assembly establishes register on damage caused by the construction of the separation wall
39
VIII.
United Nations Asian Meeting in Support of the Inalienable Rights of the Palestinian People and United Nations Forum of Civil Society in Support of the Palestinian People, Kuala Lumpur
43
IX.
General Assembly adopts resolution on the right of the Palestinian people to self-determination
48
X
General Assembly adopts resolution on the permanent sovereignty over natural resources
49
XI.
Secretary-General unable to dispatch Beit Hanoun fact-finding mission
52
XII.
Quartet endorses extension of temporary international mechanism
53





The 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, or at:
http://www.un.org/Depts/dpa/qpal/pub_bltn.htm.






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


The General Assembly considered agenda item 14 of its sixty-first session entitled “Question of Palestine” at three plenary meetings, held from 29 November to 1 December 2006. For the verbatim record of those meetings, see A/61/PV.60, 61 and 63.

Draft resolutions A/61/L.31, A/61/L.32, A/61/L.33 and A/61/L.34 were introduced by the Chairman of the Committee on the Exercise of the Inalienable Rights of the Palestinian People. The four draft resolutions were adopted on 1 December 2006 as resolutions 61/22, 61/23, 61/24 and 61/25. The resolutions are reproduced below with an indication of the vote.

61/22. 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 60/36 of 1 December 2005,

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 valuable 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 sixty-second 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 Palestinian people, particularly during this critical period of humanitarian hardship and financial crisis, with the overall aim of promoting the achievement by the Palestinian people of its inalienable rights and for a peaceful settlement of the question of Palestine, and to continue 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.
63rd plenary meeting
1 December 2006
Adopted by 101 votes to 7,
with 62 abstentions.


____________________
1Official Records of the General Assembly, Sixty-first Session, Supplement No. 35 (A/61/35).
2S/2003/529, annex.
3See A/ES-10/273 and Corr.1



61/23. 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 60/37 of 1 December 2005,

1. Notes with appreciation the action taken by the Secretary-General in compliance with its resolution 60/37;

2. Considers that the Division for Palestinian Rights of the Secretariat continues to make a useful and constructive contribution by assisting the Committee on the Exercise of the Inalienable Rights of the Palestinian People in the implementation of its mandate;

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 international meetings and conferences in various regions with the participation of all sectors of the international community, liaison and cooperation with civil society, 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 Division, as part of the observance of the International Day of Solidarity with the Palestinian People on 29 November, to continue to organize, under the guidance of the Committee on the Exercise of the Inalienable Rights of the Palestinian People, 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.
63rd plenary meeting
1 December 2006
Adopted by 101 votes to 7,
with 62 abstentions.


___________
1Official Records of the General Assembly, Sixty-first Session, Supplement No. 35 (A/61/35).



61/24. 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 60/38 of 1 December 2005,

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

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

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. Notes with appreciation the action taken by the Department of Public Information of the Secretariat in compliance with resolution 60/38;

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 2006–2007, 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 efforts 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 annual training programme for Palestinian broadcasters and journalists.

63rd plenary meeting
1 December 2006
Adopted by 157 votes to 7,
with 9 abstentions.

____________________
1Official Records of the General Assembly, Sixty-first Session, Supplement No. 35 (A/61/35).
2S/2003/529, annex.
3See A/ES-10/273 and Corr.1.



61/25. Peaceful settlement of the question of Palestine

The General Assembly,

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

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

Recalling further 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-nine years since the adoption of resolution 181 (II) of 29 November 1947 and thirty-nine 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 60/39 of 1 December 2005,1 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 just, lasting and comprehensive 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 Palestinian territory occupied since 1967,

Reaffirming also the illegality of Israeli actions aimed at changing the status of Jerusalem, including measures such as the so-called E-l plan and all other unilateral measures aimed at altering the status of the city and the territory as a whole,

Reaffirming further 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,

Expressing deep concern about the Israeli policy of closure and the severe restrictions, including curfews and the permit regime, 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,

Concerned about the continued establishment of Israeli checkpoints in the Occupied Palestinian Territory, including East Jerusalem, and the transformation of several of these checkpoints into structures akin to permanent border crossings inside the Occupied Palestinian Territory, which are severely impairing the territorial contiguity of the Territory and severely undermining efforts to rehabilitate and develop the Palestinian economy,

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,

Welcoming the efforts of the Arab Foreign Ministers, demonstrated in the meeting of the Security Council on 21 September 2006, who called for, among other things, a solution to the conflict on the basis of relevant United Nations resolutions, especially from the Security Council, the Arab Peace Initiative and the road map,

Welcoming also the important 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 further the “Stockholm Donor Conference on the Humanitarian Situation in the Palestinian Territories” of 1 September 2006 and encouraging further donor meetings, as well as the establishment of international mechanisms, and in this regard acknowledging the Temporary International Mechanism, to provide assistance to the Palestinian people to alleviate the financial crisis and the dire socio-economic and humanitarian situation being faced by the Palestinian people,

Recognizing the efforts being undertaken by the Palestinian Authority, with international support, to rebuild, reform and strengthen its damaged institutions, and emphasizing the need to preserve the Palestinian institutions and infrastructure,

Expressing its concern over the tragic events that have occurred in the Occupied Palestinian Territory, including East Jerusalem, since 28 September 2000, including the large number of deaths and injuries, mostly among Palestinian civilians, the widespread destruction of public and private Palestinian property and infrastructure, the internal displacement of civilians, and the serious deterioration of the socio-economic and humanitarian conditions of the Palestinian people,

Expressing its grave concern over the repeated military actions in the Occupied Palestinian Territory and the reoccupation of Palestinian population centres by the Israeli occupying forces, and emphasizing in this regard the need for the implementation by both sides of the Sharm el-Sheikh understandings,

Welcoming the Palestinian truce initiative and its acceptance by Israel that came into effect on 26 November 2006, and urging both sides to maintain this truce, which could pave the way for genuine negotiations towards a just resolution to the conflict, and extend it to the West Bank,

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,

Noting the Israeli withdrawal from within the Gaza Strip and parts of the northern West Bank and the importance of the dismantlement of the settlements therein as a step towards the implementation of the road map,

Stressing the urgent need for sustained and active international involvement, including by the Quartet, to support both parties in revitalizing the peace process towards the resumption and acceleration of direct negotiations between the parties for the achievement of a just, lasting and comprehensive peace settlement, in accordance with the road map,

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. Also 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 the parties themselves, 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 immediately resume direct peace negotiations towards the conclusion of a final peaceful settlement on the basis of relevant United Nations resolutions, especially from the Security Council, the Arab Peace Initiative, the terms of reference of the Madrid Conference and the road map;4

5. Calls upon the Quartet, together with the international community, to take immediate steps, including confidence-building measures between the parties, aimed at stabilizing the situation and restarting the peace process;

6. 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;

7. Also stresses the need for the immediate implementation of the Sharm el-Sheikh understandings;

8. Calls upon both parties to fulfil their obligations in respect of the implementation of the road map 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;

9. Notes the Israeli withdrawal from within the Gaza Strip and parts of the northern West Bank and the dismantlement of the settlements therein as a step towards the implementation of the road map;

10. Emphasizes the need for the parties, with the help of the international community, speedily and fully to resolve all remaining issues in the Gaza Strip, including a durable arrangement for the border crossings, the airport, the construction of the seaport, the removal of the rubble and the establishment of a permanent physical link between the Gaza Strip and the West Bank, and stresses also the need for the full implementation by both parties of the Agreement on Movement and Access and the Agreed Principles for the Rafah Crossing, of 15 November 2005;

11. Calls upon Israel, the occupying Power, to comply strictly with its obligations under international law, including international humanitarian law, and that it cease all of its measures that are contrary to international law and unilateral actions in the Occupied Palestinian Territory, including East Jerusalem, that are aimed at altering the character and status of the Territory, including via the de facto annexation of land, and thus at prejudging the final outcome of peace negotiations;

12. Demands accordingly that Israel, the occupying Power, comply with its legal obligations under international law, as mentioned in the advisory opinion 2 and as demanded in resolutions ES-10/13 of 21 October 2003 and ES-10/15 of 20 July 2004 and, inter alia, that it immediately cease its construction of the wall in the Occupied Palestinian Territory, including East Jerusalem, and calls upon all States Members of the United Nations to comply with their legal obligations, as mentioned in the advisory opinion;

13. 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;

14. 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;

15. 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;

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

17. 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 humanitarian crisis being faced by the Palestinian people, rehabilitate the Palestinian economy and infrastructure and support the rebuilding, restructuring and reform of Palestinian institutions;

18. 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 sixty-second session a report on these efforts and on developments on this matter.

63rd plenary meeting
1 December 2006
Adopted by 157 votes to 7,
with 10 abstentions.

______________
1A/61/355-S/2006/748.
2See A/ES-10/273 and Corr.1.
3See A/48/486-S/26560, annex.
4S/2003/529, annex.
5See A/ES-10/273 and Corr.1, advisory opinion, para. 161.
6A/56/1026-S/2002/932, annex II, resolution 14/221.



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

The General Assembly considered under agenda item 13 of its sixty-first session two draft resolutions on the situation in the Middle East, A/61/L.35 and A/61/L.36, which were adopted on 1 December 2006 as resolutions 61/26 on Jerusalem and 61/27 on the Syrian Golan. For the verbatim record of the meeting, see A/61/PV.63. The two resolutions are reproduced below with an indication of the vote.

61/26. 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 the 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” on Jerusalem,

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 about any action taken by any body, governmental or non-governmental, in violation of the above-mentioned resolutions,

Expressing its grave concern in particular about the continuation by Israel, the occupying Power, of illegal settlement activities, including the so-called E-1 plan, and its construction of the wall in and around East Jerusalem, and the further isolation of the city from the rest of the Occupied Palestinian Territory, which is having a detrimental effect on the lives of Palestinians and could prejudge a final status agreement on Jerusalem,

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, the occupying Power, 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, and calls upon Israel to cease all such illegal and unilateral measures;

2. Welcomes the decision of those States that had established diplomatic missions in Jerusalem to withdraw their missions from the city, in compliance with Security Council resolution 478 (1980);

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 sixty-second session on the implementation of the present resolution.
63rd plenary meeting
1 December 2006
Adopted by 157 votes to 6,
with 10 abstentions.

____________
1See A/ES-10/273 and Corr.1.
2A/61/298.



61/27. The Syrian Golan

The General Assembly,

Having considered the item entitled “The situation in the Middle East”,

Taking note of the report of the Secretary-General,1

Recalling Security Council resolution 497 (1981) of 17 December 1981,

Reaffirming the fundamental principle of the inadmissibility of the acquisition of territory by force, in accordance with international law and the Charter of the United Nations,

Reaffirming once more the applicability of the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949,2 to the occupied Syrian Golan,

Deeply concerned that Israel has not withdrawn from the Syrian Golan, which has been under occupation since 1967, contrary to the relevant Security Council and General Assembly resolutions,

Stressing the illegality of the Israeli settlement construction and other activities in the occupied Syrian Golan since 1967,

Noting with satisfaction the convening in Madrid on 30 October 1991 of the Peace Conference on the Middle East, on the basis of Security Council resolutions 242 (1967) of 22 November 1967, 338 (1973) of 22 October 1973 and 425 (1978) of 19 March 1978 and the formula of land for peace,

Expressing grave concern over the halt in the peace process on the Syrian track, and expressing the hope that peace talks will soon resume from the point they had reached,

1. Declares that Israel has failed so far to comply with Security Council resolution 497 (1981);

2. Also declares that the Israeli decision of 14 December 1981 to impose its laws, jurisdiction and administration on the occupied Syrian Golan is null and void and has no validity whatsoever, as confirmed by the Security Council in its resolution 497 (1981), and calls upon Israel to rescind it;

3. Reaffirms its determination that all relevant provisions of the Regulations annexed to the Hague Convention of 1907,3 and the Geneva Convention relative to the Protection of Civilian Persons in Time of War,2 continue to apply to the Syrian territory occupied by Israel since 1967, and calls upon the parties thereto to respect and ensure respect for their obligations under those instruments in all circumstances;

4. Determines once more that the continued occupation of the Syrian Golan and its de facto annexation constitute a stumbling block in the way of achieving a just, comprehensive and lasting peace in the region;

5. Calls upon Israel to resume the talks on the Syrian and Lebanese tracks and to respect the commitments and undertakings reached during the previous talks;

6. Demands once more that Israel withdraw from all the occupied Syrian Golan to the line of 4 June 1967 in implementation of the relevant Security Council resolutions;

7. Calls upon all the parties concerned, the co-sponsors of the peace process and the entire international community to exert all the necessary efforts to ensure the resumption of the peace process and its success by implementing Security Council resolutions 242 (1967) and 338 (1973);

8. Requests the Secretary-General to report to the General Assembly at its sixty-second session on the implementation of the present resolution.

63rd plenary meeting
1 December 2006
Adopted by 107 votes to 6,
with 60 abstentions.

_______________
1A/61/298.
2United Nations, Treaty Series, vol. 75, No. 973.
3See Carnegie Endowment for International Peace, The Hague Conventions and Declarations of 1899 and 1907 (New York, Oxford University Press, 1915).



III. SECRETARY-GENERAL BRIEFS THE SECURITY COUNCIL

On 12 December 2006 the Security Council met to consider the Report of the Secretary-General on the Middle East (S/2006/956). The introductory statement by Secretary-General Kofi Annan is excerpted below (S/PV.5584).



Mistrust between Israelis and Palestinians has reached new heights. The Gaza Strip has become a cauldron of deepening poverty and frustration, despite the withdrawal of Israeli troops and settlements last year. In the West Bank, too, the situation is dire. Settlement activity and construction of the barrier continue. Israeli obstacles impede Palestinian movement throughout the area. The Palestinian Authority, paralysed by a debilitating political and financial crisis, is no longer able to provide security or basic services.

Israelis, for their part, continue to live in fear of terrorism. They are dismayed by the inadequacy of Palestinian efforts to halt rocket attacks into southern Israel. And they are alarmed by a Hamas-led Government which is, at best, ambivalent about the two-State solution and, at worst, refuses to renounce violence and rejects the basic tenets of the approach to the conflict consistently favoured by a majority of Palestinians and enshrined in the Oslo Accords.



In each case, it is the parties involved who bear the primary responsibility for peace. No one can make peace for them; no peace can be imposed on them. No one should want peace more than they do.

At the same time, the international community cannot escape its own responsibility to use its influence. The various conflicts and crises in the region have become ever more intertwined. Though deeply separate and distinct, the various arenas affect and shape each other, making conflict resolution and crisis management more difficult. The international community must develop a new understanding of the uncertainty engulfing the Middle East and then shoulder its full responsibility in resolving it and stabilizing the region.



It is completely right and understandable that Israel and its supporters should seek to ensure its security by persuading Palestinians, and Arabs and Muslims more broadly, to alter their attitude and behaviour toward Israel. But they are not likely to succeed unless they themselves grasp and acknowledge the fundamental Palestinian grievance, namely, that the establishment of the State of Israel involved the dispossession of hundreds of thousands of Palestinian families, turning them into refugees, and was followed 19 years later by a military occupation that brought hundreds of thousands more Palestinians under Israeli rule.

Israel is justifiably proud of its democracy and its efforts to build a society based on respect for the rule of law. But Israel’s democracy can thrive only if the occupation over another people ends. Former Prime Minister Ariel Sharon acknowledged as much. Israel has undergone a major cultural shift since the days of Oslo - all of Israel’s major political parties now acknowledge that Israel needs to end the occupation, for its own sake and for the sake of its own security.

Yet thousands of Israelis still live in territories occupied in 1967, and over a thousand more are added every month. As Palestinians watch this activity, they also see a barrier being built through their land, in contravention of the advisory opinion of the International Court of Justice, as well as more than 500 checkpoints to control their movement, and the heavy presence of the Israel Defence Forces. Their despair at the occupation only grows, as does their determination to resist it. As a result, some tend to invest much of their trust in those who pursue the armed struggle rather than a peace process that does not seem to yield the coveted goal of an independent State.



Israelis may reply that they are merely protecting themselves from terrorism, which they have every right to do. But that argument will carry less weight so long as the occupation in the West Bank becomes more burdensome and the settlement expansion continues. Israel would receive more understanding if its actions were clearly designed to help end an occupation, rather than to entrench it.

We should all work with Israel to move beyond the unhappy status quo and reach a negotiated end to the occupation based on the principle of land for peace.

It is completely right and understandable to support the Palestinian people, who have suffered so much. But Palestinians and their supporters will never be truly effective if they focus solely on Israel’s transgressions, without conceding any justice or legitimacy to Israel’s own concerns, and without being willing to admit that Israel’s opponents have themselves committed appalling and inexcusable crimes. No resistance to occupation can justify terrorism. We should all be united in our unequivocal rejection of terror as a political instrument.

I also believe that the actions of some United Nations bodies may themselves be counterproductive. The Human Rights Council, for example, has already held three special sessions focused on the Arab-Israeli conflict. I hope that the Council will take care to handle the issue in an impartial way, and not allow it to monopolize attention at the expense of other situations where there are no less grave violations, or even worse ones.

In the same vein, those who complain that the Security Council is guilty of a double standard - applying sanctions to Arab and Muslim Governments, but not to Israel - should take care that they themselves do not apply double standards in the other direction, by holding Israel to a standard of behaviour that they are unwilling to apply to other States, to Israel’s adversaries or, indeed, to themselves.

Some may feel satisfaction at repeatedly passing General Assembly resolutions or holding conferences that condemn Israel’s behaviour. But one should also ask whether such steps bring any tangible relief or benefit to the Palestinians. There have been decades of resolutions. There has been a proliferation of special committees, sessions and Secretariat divisions and units. Has any of that had an effect on Israel’s policies, other than to strengthen the belief in Israel and among many of its supporters that this great Organization is too one-sided to be allowed a significant role in the Middle East peace process?


Therefore, those who want to be heard on Palestine should not deny or minimize that history or the connection that many Jews feel with their historic homeland. Rather, they should acknowledge Israel’s security concerns and make clear that their criticism is rooted not in hatred or intolerance, but in a desire for justice, self-determination and peaceful coexistence.

Perhaps the greatest irony in this sad story is that there is no serious question about the broad outline of a final settlement. The parties themselves, at various times and through various diplomatic channels, have come close to bridging almost all of the gaps between them. There is every reason for the parties to try again, with principled, concerted help from the international community. We need a new and urgent push for peace.

The road will be long, and much trust will have to be rebuilt along the way. But let us remember where this effort needs to take us: two States, Israel and Palestine, within secure, recognized and negotiated boundaries based on those of 4 June 1967; a broader peace encompassing Israel’s other neighbours, namely, Lebanon and Syria; normal diplomatic and economic relations; arrangements that would allow both Israel and Palestine to establish their internationally recognized capitals in Jerusalem and would ensure access for people of all faiths to their holy places; a solution that respects the rights of Palestinian refugees and is consistent with the two-State solution and with the character of the States in the region.

Reaching that destination is not as impossible as some might imagine. Most Israelis genuinely believe in peace with the Palestinians - perhaps not quite as the Palestinians envision it, but genuine nevertheless. Most Palestinians do not seek the destruction of Israel, only the end of occupation and their own State - perhaps in a slightly larger territory than Israelis would wish to concede, but a limited territory nevertheless.



The Road Map, endorsed by the Council in its resolution 1515 (2003), is still the reference point around which any effort to re-energize a political effort should be concentrated. Its sponsor, the Quartet, retains its validity because of its singular combination of legitimacy, political strength and financial and economic clout. But the Quartet needs to do more to restore faith not only in its own seriousness and effectiveness, but also in the Road Map’s practicability, and to create the conditions for resuming a viable peace process. It needs to find a way to institutionalize its consultations with the relevant regional partners. It needs to engage the parties directly in its deliberations. The time has come for the Quartet to be clearer at the outset on the parameters of an endgame deal. And it will have to be open to new ideas and initiatives.

IV. GENERAL ASSEMBLY ADOPTS FIVE RESOLUTIONS ON THE REPORT
OF THE SPECIAL COMMITTEE TO INVESTIGATE
ISRAELI PRACTICES

At its 79th plenary meeting, convened on 14 December 2006, the General Assembly 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 Territories (A/61/500) and the report of the Special Political and Decolonization Committee (Fourth Committee) (A/61/408). The Assembly adopted five resolutions, the texts of which are reproduced below, with an indication of the vote. For the verbatim record of the meeting, see A/61/PV.79.

61/116. 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 60/104 of 8 December 2005, and the relevant resolutions of the Commission on Human Rights and the Human Rights Council,

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 continuing detrimental impact of the 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, the widespread destruction of property and vital infrastructure and the internal displacement of civilians,

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,

Welcoming the free and democratic Palestinian Legislative Council elections that took place on 25 January 2006 and welcoming also the efforts to form a national unity government working towards a peaceful resolution of the Israeli-Palestinian conflict, based on relevant United Nations resolutions and the agreements concluded between the two sides,

Expressing the hope that the Israeli occupation will be brought to an early and complete 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, in line with its obligations as a State Member of the United Nations, 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 critical 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 all Israeli settlement activities and the construction of the wall, as well as the excessive and indiscriminate use of force against the civilian population, including extrajudicial executions;

5. Welcomes the free and democratic Palestinian Legislative Council elections that took place on 25 January 2006 and welcomes also the efforts to form a national unity government working towards a peaceful resolution of the Israeli-Palestinian conflict, based on relevant United Nations resolutions and the agreements concluded between the two sides;

6. 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;

7. 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;

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

9. 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 7 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 sixty-second session on the tasks entrusted to him in the present resolution;

10. Decides to include in the provisional agenda of its sixty-second 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”.

_______________
1United Nations, Treaty Series, vol. 75, No. 973.
2See resolution 2200 A (XXI), annex.
3A/ES-10/273 and Corr.1.
4See S/2003/529, annex.
5A/61/67-E/2006/13.
79th plenary meeting
14 December 2006
Adopted by 90 votes to 9,
with 81 abstentions.

______________
1United Nations, Treaty Series, vol. 75, No. 973.
2Resolution 217 A (III).
3See resolution 2200 A (XXI), annex.
4See A/ES-10/273 and Corr.1.
5See A/61/500.
6A/61/327-331.
7A/48/486-S/26560, annex.



61/117. 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 60/105 of 8 December 2005,

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 I,3 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, on 15 July 1999, of a Conference of High Contracting Parties to the Fourth Geneva Convention 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 stressing the importance of the Declaration adopted by the reconvened Conference on 5 December 2001 and 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 adopted by the General Assembly at 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 sixty-second session on the implementation of the present resolution.
79th plenary meeting
14 December 2006
Adopted by 165 votes to 7,
with 10 abstentions.
______________
1See Carnegie Endowment for International Peace, The Hague Conventions and Declarations of 1899 and 1907 (New York, Oxford University Press, 1915).
2United Nations, Treaty Series, vol. 75, No. 973.
3Ibid., vol. 1125, No. 17512.
4Ibid., vol. 75, Nos. 970-973.
5See A/61/500.
6A/61/327-331.
7See A/ES-10/273 and Corr.1.




61/118. 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 60/106 of 8 December 2005, 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 constitutes 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 International Court of Justice 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 Human Rights Council 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 involve, 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, including in and around East Jerusalem, in violation of international humanitarian law, relevant United Nations resolutions and the agreements reached between the parties, and concerned in particular about the construction and expansion of the settlements in Jabal Abu-Ghneim and Ras Al-Amud in and around Occupied East Jerusalem and Israel’s intentions to proceed with the so-called E-1 plan, aimed at connecting its illegal settlements around and further isolating 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 serious humanitarian hardship and a serious decline of socio-economic conditions for the Palestinian people,

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 in the occupied Syrian Golan 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,

Noting the Israeli withdrawal from within the Gaza Strip and parts of the northern West Bank and the importance of the dismantlement of the settlements therein as a step towards the implementation of the road map,

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 1949,1 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. Notes the Israeli withdrawal from within the Gaza Strip and parts of the northern West Bank and the importance of the dismantlement of the settlements therein as a step towards the implementation of the road map;8

4. Calls upon Israel, the occupying Power, in this regard, to comply strictly with its obligations under international law, including international humanitarian law, with respect to the alteration of the character and status of the Occupied Palestinian Territory, including East Jerusalem;

5. Emphasizes the need for the parties to speedily resolve all remaining issues in the Gaza Strip, including the removal of rubble;

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

7. 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

8. Stresses the need for full implementation of the relevant Security Council resolutions regarding the Israeli settlements, including 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;

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

10. Requests the Secretary-General to report to the General Assembly at its sixty-second session on the implementation of the present resolution.
79th plenary meeting
14 December 2006
Adopted by 162 votes to 8,
with 10 abstentions.

____________
1United Nations, Treaty Series, vol. 75, No. 973.
2Ibid., vol. 1125, No. 17512.
3Ibid., vol. 75, Nos. 970-973.
4See A/ES-10/273 and Corr.1.
5Ibid., advisory opinion, para. 120.
6See A/61/470.
7A/48/486-S/26560, annex.
8S/2003/529, annex.
9A/61/327-331 and A/61/500.




61/119. 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 60/107 of 8 December 2005, as well as those adopted at its tenth emergency special session,

Recalling also the relevant resolutions of the Commission on Human Rights and the Human Rights Council, 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 recent reports of the Special Rapporteur of the Human Rights Council on the situation of human rights in the Palestinian territories occupied since 1967,3

Recalling the advisory opinion rendered on 9 July 2004 by the International Court of Justice,4 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 being built 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,5 the International Covenant on Economic, Social and Cultural Rights5 and the Convention on the Rights of the Child,6 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 1949,7 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 Convention7 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, including the Sharm El-Sheikh understandings, and the implementation of the Quartet road map to a
permanent two-State solution to the Israeli-Palestinian conflict,8

Stressing also the need for the full implementation of the Agreement on Movement and Access and the Agreed Principles for the Rafah Crossing, both of 15 November 2005, to allow for the freedom of movement of the Palestinian civilian population within and into and out of the Gaza Strip,

Noting the Israeli withdrawal from within the Gaza Strip and parts of the northern West Bank and the importance of the dismantlement of settlements therein as a step towards the implementation of the road map,

Expressing grave concern 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 infrastructure, 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 recent deterioration in the humanitarian and security situation in the Gaza Strip, including that resulting from the bombardment against civilian areas, air raids and sonic booms, and the firing of rockets into Israel, and in particular from the military actions carried out by Israel, the occupying Power, that endanger the Palestinian civilian population, and especially deploring the killing of Palestinian civilians, including women and children, that took place in Beit Hanoun on 8 November 2006,

Expressing deep concern also about the vast 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, and expressing deep concern about the short- and long-term detrimental impact of such destruction on the socio-economic and humanitarian conditions of the Palestinian civilian population,

Expressing deep concern further about the Israeli policy of closure and the severe restrictions, including curfews and the permit regime, 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,

Concerned about the continued establishment of Israeli checkpoints in the Occupied Palestinian Territory, including East Jerusalem, and the transformation of several of these checkpoints into structures akin to permanent border crossings inside the Occupied Palestinian Territory, which are severely impairing the territorial contiguity of the Territory and severely undermining efforts to rehabilitate and develop the Palestinian economy,

Expressing deep concern that thousands of Palestinians, including children and women, continue to be held in Israeli prisons or detention centres under harsh conditions that impair their well-being, and expressing concern about the ill treatment and harassment of any of the 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 civilian population and to help the parties implement the agreements reached and, in this regard, recalling the positive contribution of the Temporary International Presence in Hebron,

Welcoming the Palestinian truce initiative and its acceptance by Israel that came into effect on 26 November 2006, and urging both parties to maintain this truce, which could pave the way for genuine negotiations towards a just resolution of the conflict,

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 1949,7 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 19497 and cease immediately all measures and actions taken in violation and in breach of the Convention, including all of its settlement activities and the construction of the wall in the Occupied Palestinian Territory, including in and around East Jerusalem, as well as 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 and vast numbers of injuries, including among children, massive destruction of homes, properties, agricultural lands and vital infrastructure, and the internal displacement of civilians;

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

5. Notes the Israeli withdrawal from within the Gaza Strip and parts of the northern West Bank and the dismantlement of the settlements therein as a step towards the implementation of the road map;8

6. Calls upon Israel, the occupying Power, in this regard, to comply strictly with its obligations under international law, including international humanitarian law, with respect to the alteration of the character and status of the Occupied Palestinian Territory, including East Jerusalem;

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

8. Urges Member States to continue to provide emergency assistance to the Palestinian people to alleviate the financial crisis and the dire socio-economic and humanitarian situation being faced by the Palestinian people;

9. Calls upon Israel, the occupying Power, to release the tax revenues due to the Palestinian Authority, in accordance with the Paris Economic Protocol of 1994, and to ease the severe closures and restrictions on movement;

10. Acknowledges the role the temporary international mechanism plays in assisting directly the Palestinian people, and encourages interested donors to make use of the mechanism;

11. Emphasizes the need to preserve the Palestinian institutions and infrastructure for the provision of vital public services to the Palestinian civilian population and the promotion of Palestinian civil, political, economic, social and cultural rights;

12. Demands 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 Justice4 and as demanded in resolutions ES-10/15 of 20 July 2004 and ES-10/13 of 21 October 2003, and that it immediately 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, which has gravely impacted the human rights and the socio-economic living conditions of the Palestinian people;

13. Stresses the need for respect for the unity and territorial integrity of all of the Occupied Palestinian Territory and for guarantees of 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;

14. Also stresses the need for the full implementation by both parties of the Sharm El-Sheikh understandings and the Agreement on Movement and Access and the Agreed Principles for the Rafah Crossing;

15. Requests the Secretary-General to report to the General Assembly at its sixty-second session on the implementation of the present resolution.
79th plenary meeting
14 December 2006
Adopted by a vote of 157 to 9,
with 14 abstentions.


______________
1See A/61/500.
2A/61/329.
3See E/CN.4/2006/29 and A/61/470.
4See A/ES-10/273 and Corr.1.
5See resolution 2200 A (XXI), annex.
6United Nations, Treaty Series, vol. 1577, No. 27531.
7Ibid., vol. 75, No. 973.
8S/2003/529, annex.




61/120. The occupied Syrian Golan

The General Assembly,

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 Territories,1

Deeply concerned that the Syrian Golan, occupied since 1967, has been under continued Israeli military occupation,
Recalling Security Council resolution 497 (1981) of 17 December 1981,

Recalling also its previous relevant resolutions, the most recent of which was resolution 60/108 of 8 December 2005,

Having considered the report of the Secretary-General submitted in pursuance of resolution 60/108,2

Recalling its previous relevant resolutions in which, inter alia, it called upon Israel to put an end to its occupation of the Arab territories,

Reaffirming once more the illegality of the decision of 14 December 1981 taken by Israel to impose its laws, jurisdiction and administration on the occupied Syrian Golan, which has resulted in the effective annexation of that territory,

Reaffirming that the acquisition of territory by force is inadmissible under international law, including the Charter of the United Nations,

Reaffirming also the applicability of the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949,3 to the occupied Syrian Golan,

Bearing in mind Security Council resolution 237 (1967) of 14 June 1967,

Welcoming the convening at Madrid of the Peace Conference on the Middle East on the basis of Security Council resolutions 242 (1967) of 22 November 1967 and 338 (1973) of 22 October 1973 aimed at the realization of a just, comprehensive and lasting peace, and expressing grave concern about the stalling of the peace process on all tracks,

1. Calls upon Israel, the occupying Power, to comply with the relevant resolutions on the occupied Syrian Golan, in particular Security Council resolution 497 (1981), in which the Council, inter alia, decided that the Israeli decision to impose its laws, jurisdiction and administration on the occupied Syrian Golan was null and void and without international legal effect and demanded that Israel, the occupying Power, rescind forthwith its decision;

2. Also calls upon Israel to desist from changing the physical character, demographic composition, institutional structure and legal status of the occupied Syrian Golan and in particular to desist from the establishment of settlements;

3. Determines that all legislative and administrative measures and actions taken or to be taken by Israel, the occupying Power, that purport to alter the character and legal status of the occupied Syrian Golan are null and void, constitute a flagrant violation of international law and of the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949,3 and have no legal effect;

4. Calls upon Israel to desist from imposing Israeli citizenship and Israeli identity cards on the Syrian citizens in the occupied Syrian Golan, and from its repressive measures against the population of the occupied Syrian Golan;

5. Deplores the violations by Israel of the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949;

6. Calls once again upon Member States not to recognize any of the legislative or administrative measures and actions referred to above;

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

79th plenary meeting
14 December 2006
Adopted by 163 votes to 2,
with 16 abstentions.


_____________
1See A/61/500.
2A/61/327.
3United Nations, Treaty Series, vol. 75, No. 973.


V. GENERAL ASSEMBLY ADOPTS RESOLUTIONS ON UNRWA

At its 79th plenary meeting, convened on 14 December 2006, the General Assembly considered and adopted, under agenda item 31 of its sixty-first session, resolutions recommended by the Special Political and Decolonization Committee (Fourth Committee) (A/61/407). The resolutions adopted are reproduced below, with an indication of the vote. For the verbatim record of the meeting, see A/61/PV.79. For the annual report of the Commissioner-General of UNRWA see A/61/13.

61/112. 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 60/100 of 8 December 2005,

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-six 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 January to 31 December 2005,1

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,

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 Organization2 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, that, therefore, the situation of the Palestine refugees continues to be a matter of grave concern and that the Palestine refugees continue to require assistance to meet basic health, education and living needs;

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 reiterates its request to 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 2007;

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 unimpeded operation and its provision of services for the well-being of the Palestine refugees and for the stability of the region, pending the just 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 with regard to increased expenditures arising from the deteriorating socio-economic and humanitarian situation in the region, particularly in the Occupied Palestinian Territory, and those mentioned in recent emergency appeals.

79th plenary meeting
14 December 2006
Adopted by 173 votes to 1,
with 10 abstentions.

____________
1Official Records of the General Assembly, Sixty-first Session, Supplement No. 13 (A/61/13).
2A/48/486-S/26560, annex.



61/113. 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 60/101 of 8 December 2005,1

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 January to 31 December 2005,2

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 13 September 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 13 September 19933 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 sixty-second session on the progress made with regard to the implementation of the present resolution.

79th plenary meeting
14 December 2006
Adopted by 170 votes to 6,
with 8 abstentions.

_____________
1A/61/358.
2Official Records of the General Assembly, Sixty-first Session, Supplement No. 13 (A/61/13).
3A/48/486-S/26560, annex.



61/114. 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 its resolution 60/102 of 8 December 2005,

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 January to 31 December 2005,1

Taking note of the letter dated 28 September 2006 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 critical financial situation of the Agency, as well as about the rising expenditures of the Agency resulting from the deterioration of the socio-economic and humanitarian conditions in the region and their significant negative impact on the 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 Jordan, Lebanon and the Syrian Arab Republic,

Gravely concerned about the extremely difficult living conditions being faced by the Palestine refugees in the Occupied Palestinian Territory, including East Jerusalem, particularly in the refugee camps in the Gaza Strip, resulting, inter alia, from the loss of life and injury, the extensive destruction of their shelters, properties and vital infrastructure and the displacement of the Palestine refugees,

Aware of the extraordinary efforts being undertaken by the Agency for the repair or rebuilding of thousands of damaged or destroyed refugee shelters and for the provision of shelter for those refugee families internally displaced as a result of recent Israeli military actions,

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 the facilities of the Agency as a result of Israeli military operations during the reporting period,

Deploring the killing of fourteen Agency staff members by the Israeli occupying forces in the Occupied Palestinian Territory since September 2000 and of one Agency staff member by the Israeli air force in Lebanon in August 2006,

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

Expressing deep concern about the policies of closure and severe restrictions that continue to be imposed on the movement of persons and goods throughout the Occupied Palestinian Territory, including East Jerusalem, as well as the continued construction of the wall, contrary to international law, in the Occupied Palestinian Territory, including in and around East Jerusalem, 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, and the harassment and intimidation of the Agency’s staff, which undermine and obstruct the work of the Agency, including its ability to provide its essential basic and emergency 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

Recalling the Geneva Conference convened by the United Nations Relief and Works Agency for Palestine Refugees in the Near East and the Swiss Agency for Development and Cooperation on 7 and 8 June 2004 to increase support for the United Nations Relief and Works Agency,

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 difficult conditions during the past year;

2. Also expresses its appreciation to the Advisory Commission of the Agency, and requests it to continue its efforts and to keep the General Assembly informed of its activities;

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 2006–2007;9

5. Also commends the organizational reform measures taken by the Agency to modernize and strengthen its management aimed at enhancing its ability to address the needs of the Palestine refugees;

6. Endorses, meanwhile, the efforts of the Commissioner-General 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 internally displaced and in serious need of continued assistance as a result of recent incursions in the Occupied Palestinian Territory and hostilities in Lebanon;

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

8. 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

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

10. 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

11. 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;

12. Urges the Government of Israel to speedily compensate the Agency for damage to its property and facilities resulting from actions by the Israeli side and to expeditiously reimburse the Agency for port and related charges, including storage, demurrage and transit charges, incurred by the Agency and other financial losses sustained by the Agency as a result of delays and restrictions on movement and access imposed by Israel;

13. 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;

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

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

16. Notes the success of the Agency’s microfinance and microenterprise programmes, 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 the fields of operation;

17. 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 progress in her report to the General Assembly at its sixty-second session;

18. 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;

19. 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 that has resulted in rising expenditures, in particular with regard to emergency services, and to support the Agency’s valuable and necessary work in assisting the Palestine refugees in all fields of operation.

79th plenary meeting
14 December 2006
Adopted by 169 votes to 6,
with 8 abstentions.

________________
1Official Records of the General Assembly, Sixty-first Session, Supplement No. 13 (A/61/13).
2Ibid., p. viii.
3Resolution 22 A (I).
4United Nations, Treaty Series, vol. 2051, No. 35457.
5Ibid., vol. 75, No. 973.
6A/48/486-S/26560, annex.
7Official Records of the General Assembly, Forty-ninth Session, Supplement No. 13 (A/49/13), annex I.
8A/61/347.
9Official Records of the General Assembly, Sixtieth Session, Supplement No. 13 A (A/60/13/Add.1).
10United Nations, Treaty Series, vol. 1577, No. 27531.
61/115. Palestine refugees’ properties and their revenues

The General Assembly,

Recalling its resolutions 194 (III) of 11 December 1948 and 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 resolution 60/103 of 8 December 2005,1

Taking note also of the report of the United Nations Conciliation Commission for Palestine for the period from 1 September 2005 to 31 August 2006,2

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 a 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, in 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. Requests the 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 sixty-second session on the implementation of the present resolution.
79th plenary meeting
14 December 2006
Adopted by 170 votes to 6,
with 8 abstentions.

_______________
1A/61/278.
2See A/61/172.
3Resolution 217 A (III).
4Official Records of the General Assembly, Nineteenth Session, Annexes, Annex No. 11, document A/5700.
5A/48/486-S/26560, annex.


VI. GENERAL ASSEMBLY ADOPTS RESOLUTION ON ASSISTANCE TO THE PALESTINIAN PEOPLE

On 14 December 2006, at the 79th plenary meeting of its sixty-first session, the General Assembly considered agenda item 69 (d) on assistance to the Palestinian people and adopted resolution 61/135 under the same title. The text of the resolution is reproduced below. For the verbatim record of the meeting, see A/61/PV.79. For the Secretary-General’s report on assistance to the Palestinian people, see A/61/80-E/2006/72.

61/135. Assistance to the Palestinian people

The General Assembly,

Recalling its resolution 60/126 of 15 December 2005, 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,

Recalling further the International Covenant on Civil and Political Rights,2 the International Covenant on Economic, Social and Cultural Rights2 and the Convention on the Rights of the Child,3

Gravely concerned at the deterioration in the living conditions of the Palestinian people, in particular children, 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,

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

Deeply concerned about the negative impact, including the health and psychological consequences, of violence on the present and future well-being of children in the region,

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 results of the “Stockholm International Donor Conference on the Humanitarian Situation in the Occupied Palestinian Territories” of 1 September 2006,

Welcoming further 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 Ad Hoc Liaison Committee in the coordination of assistance to the Palestinian people,

Stressing also 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,4 and stressing the need for its implementation and compliance with its provisions,

Noting the Israeli withdrawal from the Gaza Strip and parts of the northern West Bank as a step towards implementation of the road map,

Having considered the report of the Secretary-General, 5

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

1. Takes note of the report of the Secretary-General;5

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;6

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 priorities set forth by the Palestinian side;

8. 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;

9. Welcomes the role that the temporary international mechanism plays in assisting directly the Palestinian people under the current circumstances, and encourages interested donors to make use of the mechanism;

10. 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;

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

12. 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;

13. Also stresses the need for the full implementation by both parties of the Agreement on Movement and Access and of the Agreed Principles for the Rafah Crossing, of 15 November 2005, to allow for the freedom of movement of the Palestinian civilian population within and into and out of the Gaza Strip;

14. 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;

15. 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 1995,7 in particular with regard to the full and prompt clearance of Palestinian indirect tax revenues;

16. Requests the Secretary-General to submit a report to the General Assembly at its sixty-second 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;

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

79th plenary meeting
14 December 2006
Adopted by 159 votes to none,
with 7 abstentions
.

_____________
1A/48/486-S/26560, annex.
2See resolution 2200 A (XXI), annex.
3United Nations, Treaty Series, vol. 1577, No. 27531.
4S/2003/529, annex.
5A/60/90-E/2005/80.
6Available from http://domino.un.org/bertini_rpt.htm.
7A/51/889-S/1997/357, annex.



VII. GENERAL ASSEMBLY ESTABLISHES REGISTER OF DAMAGE
CAUSED BY THE CONSTRUCTION OF THE
SEPARATION WALL

At the request of the Group of Arab States (see A/ES-10/370), the Non-Aligned Movement (see A/ES-10/371) and the Organization of the Islamic Conference (see A/ES-10/372) the General Assembly, on 15 December 2006, resumed its tenth emergency special session. The Assembly considered agenda item 5, entitled “Illegal Israeli actions in occupied East Jerusalem and the rest of the Occupied Palestinian Territory”. On the same day, the General Assembly adopted resolution ES-10/17. For the verbatim record see A/ES-10/PV.31.

ES-10/17. Establishment of the United Nations Register of Damage Caused by the Construction of the Wall in the Occupied Palestinian Territory

The General Assembly,

Guided by the principles enshrined in the Charter of the United Nations and the rules and principles of international law, including international humanitarian law and human rights law,

Reaffirming the permanent responsibility of the United Nations towards the question of Palestine until it is resolved in all its aspects in a satisfactory manner on the basis of international legitimacy,

Recalling the relevant resolutions of the Security Council,

Recalling also its relevant resolutions, including the resolutions of its tenth emergency special session on illegal Israeli actions in Occupied East Jerusalem and the rest of the Occupied Palestinian Territory,

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,1 and recalling in particular the Court’s reply to the question put forth by the General Assembly in resolution ES-10/14 of 8 December 2003, as set forth in the dispositif of the advisory opinion,2

Recalling in this regard the Court’s conclusion that, inter alia, “Israel is under an obligation to make reparation for all damage caused by the construction of the wall in the Occupied Palestinian Territory, including in and around East Jerusalem”,

Reaffirming its resolution ES-10/15 of 20 July 2004 entitled “Advisory opinion of the International Court of Justice on the legal consequences of the construction of a wall in the Occupied Palestinian Territory, including in and around East Jerusalem”,

Recalling the request made in resolution ES-10/15 for the Secretary-General to establish a register of damage caused to all natural or legal persons concerned in connection with paragraphs 152 and 153 of the advisory opinion,

Noting in this connection the Court’s conclusion whereby, inter alia:

Israel is accordingly under an obligation to return the land, orchards, olive groves and other immovable property seized from any natural or legal person for purposes of construction of the wall in the Occupied Palestinian Territory. In the event that such restitution should prove to be materially impossible, Israel has an obligation to compensate the persons in question for the damage suffered. The Court considers that Israel also has an obligation to compensate, in accordance with the applicable rules of international law, all natural or legal persons having suffered any form of material damage as a result of the wall’s construction,3

Deploring the continuing construction, contrary to international law, by Israel, the occupying Power, of the wall in the Occupied Palestinian Territory, including in and around East Jerusalem, against the conclusions of the International Court of Justice in its advisory opinion of 9 July 2004 and resolution ES-10/15 and in breach of the applicable rules and principles of international law,

Recognizing the necessity of accurately documenting the damage caused by the construction of the wall for the purpose of fulfilling the obligation to make the above-mentioned reparations, including restitution and compensation, in accordance with the rules and principles of international law, and noting that the act of registration of damage, as such, does not entail, at this stage, an evaluation or assessment of the loss or damage caused by the construction of the wall,

Taking note with appreciation of the report of the Secretary-General of 17 October 2006 pursuant to resolution ES-10/15, 4

1. Reaffirms its resolution ES-10/15 entitled “Advisory opinion of the International Court of Justice on the legal consequences of the construction of a wall in the Occupied Palestinian Territory, including in and around East Jerusalem”, and reiterates the demands made therein, inter alia, the demand that Israel, the occupying Power, comply with its legal obligations as mentioned in the advisory opinion;

2. Takes note with appreciation of the report of the Secretary-General submitted pursuant to resolution ES-10/15; 4

3. Establishes the United Nations Register of Damage Caused by the Construction of the Wall in the Occupied Palestinian Territory:

(a) To serve as a record, in documentary form, of the damage caused to all natural and legal persons concerned as a result of the construction of the wall by Israel, the occupying Power, in the Occupied Palestinian Territory, including in and around East Jerusalem;

(b) To be referred to henceforth in brief as the “Register of Damage”;

4. Decides to set up an office of the Register of Damage, which will be:

(a) Responsible for the establishment and comprehensive maintenance of the Register of Damage;

(b) Composed of a three-member Board and a small secretariat, headed by an Executive Director and consisting of substantive, administrative and technical support staff;

(c) A subsidiary organ of the General Assembly operating under the administrative authority of the Secretary-General;

(d) Established at the site of the United Nations Office at Vienna;

5. Requests the Secretary-General to appoint the three-member Board of the Office of the Register of Damage, according to the selection criteria in the above-mentioned report, at the earliest practicable date;

6. Decides that the responsibilities assumed by the Board of the Office of the Register of Damage shall be as follows:

(a) The Board shall have overall responsibility for the establishment and maintenance of the Register of Damage;

(b) The Board shall establish the rules and regulations governing the work of the Office of the Register of Damage;

(c) The Board shall determine the eligibility criteria, bearing in mind varying circumstances with regard to the title and residency status of the claimants, for the inclusion of damages and losses caused in the Register of Damage with an established causal link to the construction of the wall;

(d) The Board shall, guided by the relevant findings of the advisory opinion, general principles of international law and principles of due process of law, also determine the criteria of damage and the procedure for the collection and registration of damage claims;

(e) The Board, on the recommendation of the Executive Director, shall have the ultimate authority in determining the inclusion of damage claims in the Register of Damage;

(f) The Board shall meet at least four times each year at the Office of the Register of Damage to determine which claims should be included in the Register of Damage, based on the established objective criteria defined in the rules and regulations;

(g) The Board shall engage, periodically and as deemed necessary, the expertise of technical specialists in relevant fields, inter alia, agriculture, land law, topography and assessment and compensation, to assist it in establishing and maintaining the Register of Damage;

(h) The Board shall render progress reports periodically to the Secretary-General for transmission to the General Assembly, including, as appropriate, possible further steps in connection with paragraphs 152 and 153 of the advisory opinion;

7. Requests the Secretary-General to appoint, at the earliest practicable date, the Executive Director of the Office of the Register of Damage, who shall:

(a) Have responsibility for overseeing and administrating the work of the secretariat of the Office of the Register of Damage;

(b) Be responsible for forwarding all damage claims to the Board for its approval for inclusion in the Register of Damage and serve in an advisory capacity to the Board in this regard;

8. Decides that the secretariat of the Office of the Register of Damage shall provide substantive, technical and administrative support for the establishment and maintenance of the Register of Damage by undertaking, inter alia, the following functions:

(a) Designing the format of the damage claims;

(b) Administering a public awareness programme to inform the Palestinian public about the possibility of and the requirements for filing a damage claim for registration, including an extensive community outreach programme to explain the purpose of the Register of Damage and provide guidance on how to fill out and submit the claim forms;

(c) Receiving and processing all damage claims and establishing the credibility of the causal link of those claims to the construction of the wall for registration in the Register of Damage;

(d) Submitting all processed damage claims through the Executive Director to the Board for inclusion in the Register of Damage;

(e) Aggregating and maintaining the records of damage claims approved by the Board, including both hard copies of the claims and their electronic version, which shall be maintained at the Office of the Register of Damage;

(f) Providing legal advice regarding the operations of the Office of the Register of Damage and the submitted claims;

9. Resolves that the Register of Damage shall remain open for registration for the duration of existence of the wall in the Occupied Palestinian Territory, including in and around East Jerusalem;

10. Resolves also that the Office of the Register of Damage shall remain active for the duration of the process of registration and shall carry out the specific functions and directives ascribed to it by the Secretary-General in his report, as set out in the present resolution, and such additional functions as requested by the General Assembly upon recommendation by the Secretary-General;

11. Calls for the establishment and operation of the Office of the Register of Damage and the establishment of the Register of Damage itself within six months of the adoption of the present resolution and the immediate undertaking thereafter of the process of registration of damage claims;

12. Instructs the Office of the Register of Damage, immediately upon its establishment, to seek the cooperation of the concerned Governments and authorities so as to facilitate its work in connection with the collection, submission and processing of damage claims in the Occupied Palestinian Territory, including East Jerusalem;

13. Calls upon the Government of Israel and the Palestinian Authority and relevant Palestinian institutions to cooperate with the Office of the Register of Damage;

14. Calls upon the Secretary-General to instruct the United Nations agencies and offices present on the ground in the Occupied Palestinian Territory to lend their support and expertise to the Office of the Register of Damage, upon its request, so as to facilitate its work;

15. Requests the Secretary-General to provide the necessary staff and facilities and to make appropriate arrangements to provide the necessary funds required to carry out the terms of the present resolution;

16. Also requests the Secretary-General to report to the General Assembly within six months on the progress made with regard to the establishment and operation of the Office of the Register of Damage and the establishment of the Register of Damage;

17. Decides to adjourn the tenth emergency special session temporarily and to authorize the President of the General Assembly at its most recent session to resume the meeting of the special session upon request from Member States.

31st plenary meeting
15 December 2006
Adopted by 162 votes to 7,
with 7 abstentions.

_____________
1See A/ES-10/273 and Corr.1.
2Ibid., para. 163.
3Ibid., para. 153.
4A/ES-10/361.


VIII. UNITED NATIONS ASIAN MEETING IN SUPPORT OF THE
INALIENABLE RIGHTS OF THE PALESTINIAN PEOPLE
AND UNITED NATIONS FORUM OF CIVIL SOCIETY
IN SUPPORT OF THE PALESTINIAN PEOPLE
KUALA LUMPUR

The United Nations Asian Meeting in Support of the Inalienable Rights of the Palestinian People was held in Kuala Lumpur on 15 and 16 December 2006, under the auspices of the Committee on the Exercise of the Inalienable Rights of the Palestinian People and in accordance with the provisions of General Assembly resolutions 60/36 and 60/37 of 1 December 2005. The Meeting was followed, on 17 December 2006, by a United Nations Forum of Civil Society in Support of the Palestinian People held at the same venue. The Meeting adopted the Kuala Lumpur Declaration. The Forum adopted a Call for Action (reproduced below).

Kuala Lumpur Declaration
(Adopted by the United Nations Asian Meeting in Support of the Inalienable Rights of the Palestinian People)

The United Nations Asian Meeting in Support of the Inalienable Rights of the Palestinian People was held in Kuala Lumpur, Malaysia, on 15 and 16 December 2006, under the auspices of the Committee on the Exercise of the Inalienable Rights of the Palestinian People. Participants in the Meeting included international experts, representatives of Governments, Palestine, intergovernmental organizations, United Nations entities, parliaments, civil society, and the media.

The Meeting was convened by the Committee with a view to sensitizing international public opinion, particularly in Asia and the Pacific, to the situation of the Palestinian people and the urgency of resuming a meaningful political dialogue leading to a permanent two-State solution, based on the 1967 borders, in accordance with the Road Map and Security Council resolutions 242 (1967), 338 (1973), 1397 (2002) and 1515 (2003).

In the course of the Meeting, the participants reviewed the situation in the Occupied Palestinian Territory, including East Jerusalem; discussed the action and strategies of Israel, the occupying Power; and the state of the Palestinian economy and humanitarian situation of Palestinians. The Meeting also addressed such issues as international efforts at salvaging peace in the region, including through the efforts of the Quartet, the Arab Peace Initiative, the role of the Security Council, action by Asian and Pacific States, as well as intergovernmental organizations and parliaments.

The participants emphasized that the continuing occupation of the Palestinian territory, now in its fortieth year, remained the root cause of the conflict. They expressed the view that this long-standing conflict would have no final settlement without the achievement by the Palestinian people of its inalienable rights, defined by the General Assembly in 1974 as the right to self-determination without external interference, the right to national independence and sovereignty, and the right of Palestinians to return to their homes and property, from which they had been displaced and uprooted.

The participants expressed great concern at the escalation in recent months of Israeli military attacks in the Gaza Strip, particularly the tragic events that had taken place in the town of Beit Hanoun. These military operations resulted in a large number of deaths and injuries among Palestinian civilians, including women, children and the elderly. The participants denounced the use of excessive and indiscriminate force, extrajudicial killings, and the vast destruction of homes, civilian infrastructure and agricultural lands. They reminded Israel, the occupying Power, that it has to respect its obligations under international humanitarian law. They also called for the cessation of rocket attacks on Israel carried out by Palestinian groups from the Gaza Strip. These actions put civilians in serious danger and only aggravate an already grave security situation.

The participants welcomed the ceasefire in the Gaza Strip, which, they stressed, needed to be extended to the West Bank and supported by tangible political steps that would allow the parties to engage in a meaningful political dialogue. They called upon the international community, including the members of the Quartet, to establish a credible and effective third-party monitoring mechanism. They also urged the United Nations to establish in cooperation with the parties a general mechanism for the protection of civilians on the ground.

The participants condemned the continuing construction of the wall in the Occupied Palestinian Territory, including in and around East Jerusalem, in contravention of the Advisory Opinion of the International Court of Justice. They welcomed the adoption of the General Assembly resolution ES-10/17 of 15 December 2006 on the establishment of the Register of Damage caused by the construction of the wall confirming the Secretary-General’s report on the issue. They felt it was crucial to set in motion, without further delay, the establishment of the Register of Damage two and a half years after the landmark decision of the International Court of Justice. The participants were extremely concerned about the lack of action on freezing settlement activities, continuing in spite of repeated appeals by the Quartet and the wider international community. In addition to being illegal and causing daily hardship for the Palestinian population, these physical obstacles in the Occupied Palestinian Territory prejudice the outcome of the permanent status negotiations and complicate efforts at establishing a contiguous and independent State of Palestine.

The participants expressed frustration at the deepening economic, social and humanitarian crisis and isolation of the Gaza Strip. They criticized Israel for withholding of tax revenues due to the Palestinian Authority, resulting in an unprecedented financial shortfall for the Authority, which delivered basic public services in the Occupied Palestinian Territory. The participants also stressed the critical importance of the international donor assistance. In this regard, they urged donors to give generously to the recently launched emergency appeal by 12 United Nations agencies and 14 non-governmental organizations aimed at addressing a rapidly worsening humanitarian situation.

The participants expressed appreciation to countries, including in Asia, which had been generous providers of assistance to the Palestinian people. The participants also remained hopeful that the established Temporary International Mechanism, endorsed by the Quartet, would help alleviate the desperate humanitarian situation. They also welcomed the intention to extend the functioning of the Temporary International Mechanism for three months. At the same time, they urged the Government of Israel to fulfil its obligations under international law and lift its restrictions on the freedom of movement and other measures stifling the economic and social life of the Palestinians, and to resume the transfer of collected Palestinian tax revenues to the Palestinian Authority in keeping with signed agreements.

The participants strongly supported continuing efforts of Palestinian Authority President Mahmoud Abbas aimed at forming a Government of National Unity that is capable of achieving maximum support of the Palestinian people and capable of fulfilling its responsibilities vis-à-vis the international community.

The Meeting took note of the Declaration on Palestine adopted at the 14th Summit Conference of Heads of State or Government of the Non-Aligned Movement held in Havana in September 2006, which reiterated the vital role of the Movement with regard to the question of Palestine and entrusted its Chairman to lead efforts of the Movement in the pursuit of a comprehensive, just and lasting peace in the Middle East.

The participants reaffirmed the permanent responsibility of the United Nations with respect to the question of Palestine, until it was resolved based on relevant Security Council resolutions, the Madrid terms of reference, the principle of land for peace, the Arab Peace Initiative and the Road Map, and until the inalienable rights of the Palestinian people were fully realized in all aspects. They called upon the United Nations to promote the convening of an international peace conference on the Middle East. They commended the Committee for organizing meetings, like this one in Kuala Lumpur, that mobilize Governments and public opinion in the different regions in support of a peaceful solution of the Israeli-Palestinian conflict. They urged the Committee to continue upholding the norms of international law thus setting the standards for a final settlement of the question of Palestine, in conformity with international legality.

The participants welcomed the pledge of Governments of Asia, intergovernmental organizations, and civil society representatives to support Israelis and Palestinians in their quest for a just and peaceful settlement of the conflict. The participants also urged them to continue their moral, political and material support of the Palestinian people.

The participants voiced their appreciation for the active and constructive role played by Malaysia, a Member of the Committee, in efforts to assist the Palestinian people achieve its inalienable rights. The personal engagement and support of H. E. Dato’ Seri Syed Hamid Albar, Minister for Foreign Affairs of Malaysia, contributed significantly to the success of the meeting. The participants expressed their deep gratitude to the Government of Malaysia, its Ministry of Foreign Affairs for hosting the Meeting and for the assistance and support extended to the Committee and the United Nations Secretariat in its preparation.

Kuala Lumpur, 16 December 2006



Call for Action
(Adopted by the United Nations Forum of Civil Society in Support of the Palestinian People)

The participants in the United Nations Forum of Civil Society in Support of the Palestinian People for the Asian and Pacific Region collectively agree to this Call for Action to contribute to a comprehensive, just and lasting solution of the Israeli-Palestinian conflict. The participants demand an immediate end to the Israeli occupation, the establishment of a sovereign and indepedent State of Palestine with East Jerusalem as its capital, in conformity with United Nations Security Council Resolutions 242 and 338, and the realization of the right of return of Palestine refugees. The participants also call for an end of the current sanctions imposed on the Palestinian Authority by major donor countries. They support the immediate resumption of the political dialogue between Israeli and Palestinian decision-makers, which should lead to tangible progress in the peace process.

This Call for Action focuses specifically on tasks to be performed in 2007, which marks the 40-year anniversary of Israel’s occupation of the Palestinian Territory.

We call on all civil society organizations in Asia and the Pacific:

To mobilize public opinion and demand from our Governments to urgently adopt effective measures to provide international protection to the Palestinian people living under occupation, such as the establishment of an international peace-keeping force. Our Governments should also resume and increase direct assistance to the Palestinian people and its institutions, in order to stem the aggravating humanitarian crisis.

To develop a cohesive strategy towards the media and other structures for public information (universities, associations etc.) to increase the level of awareness of the Palestinian struggle and to ensure the dissemination of accurate, unbiased information. One suggestion would be to bring Palestinian and Israeli peace NGOs and experts to Asia, as well as to organize fact-finding missions that include journalists, parliamentarians, and civil society leaders to Israel and the Occupied Palestinian Territory. To gather first-hand experience of the situation on the ground, these missions would be facilitated by Palestinian partner organizations and the Israeli peace movement that both play an important role in developing courageous initiatives to confront the daily challenges of occupation.

To establish an Asian Coordinating Network on Palestine (ACNP) to ensure better coordination among groups in different parts of the continent in preparation of major campaigns. It would coordinate its work with Palestinian, Israeli, European, North and Latin American, as well as African civil society organizations to mark the 40th anniversary of the occupation in June 2007. That commemoration will include a wide range of activities culminating in the Global Day of Action held under the slogan “The World Says No to Israeli Occupation” on 9 June 2007. This Asian Network should be linked with the International Coordinating Network on Palestine (ICNP).

To strengthen the centrality of the United Nations for a peaceful solution of this long-standing conflict in accordance with international law and the relevant UN resolutions; to cooperate with the Committee on the Exercise of the Inalienable Rights of the Palestinian People to heighten international awareness of the plight of the Palestinian people; and to support all local, national and international efforts to alleviate the humanitarian hardships of the Palestinians living in the Occupied Palestinian Territory.

Kuala Lumpur, 17 December 2006


IX. GENERAL ASSEMBLY ADOPTS RESOLUTION ON THE RIGHT OF THE PALESTINIAN PEOPLE TO SELF-DETERMINATION

On 19 December 2006, at the 81st plenary meeting of its sixty-first session the General Assembly considered the draft resolution contained in the report of the Third Committee (A/61/442) and adopted it as resolution 61/152 on the right of the Palestinian people to self-determination. The text of the resolution is reproduced below. For the verbatim record of the Assembly’s consideration see A/61/PV.81.

61/152. 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 just, lasting and comprehensive peace settlement between the Palestinian and Israeli sides,

Recalling its resolution 60/146 of 16 December 2005,

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.

81st plenary meeting
19 December 2006
Adopted by 176 votes to 5,
with 5 abstentions.

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



X. GENERAL ASSEMBLY ADOPTS RESOLUTION ON THE PERMANENT SOVEREIGNTY OVER NATURAL RESOURCES

On 20 December 2006, at the 83rd plenary meeting of its sixty-first session, the General Assembly considered agenda item 40 based on the Second Committee report (A/61/418) and adopted resolution 61/184, the text of which is reproduced below. For the verbatim record of the Assembly’s consideration, see A/61/PV.83.

61/184. 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 60/183 of 22 December 2005, and taking note of Economic and Social Council resolution 2006/43 of 27 July 2006,

Recalling also its resolutions 59/251 of 22 December 2004 and 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, in this regard, the International Covenant on Civil and Political Rights2 and the International Covenant on Economic, Social and Cultural Rights,2 and affirming that these human rights instruments must be respected in the Occupied Palestinian Territory, including East Jerusalem, as well as in the occupied Syrian Golan,

Recalling also 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 further 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 grave concern at the extensive destruction by Israel, the occupying Power, of agricultural land and orchards in the Occupied Palestinian Territory, including the uprooting of a vast number of fruit-bearing trees,

Expressing its concern at the widespread destruction caused by Israel, the occupying Power, to vital infrastructure, including water pipelines and sewage networks, in the Occupied Palestinian Territory, which, inter alia, pollutes the environment and negatively affects the natural resources of the Palestinian people,

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 natural resources and 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,4 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,

Noting the Israeli withdrawal from within the Gaza Strip and parts of the northern West Bank and the importance of the dismantlement of settlements therein as a step towards the implementation of the road map,

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

Taking note with appreciation 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 East Jerusalem, and of the Arab population in the occupied Syrian Golan,5

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 resulting from illegal measures taken by Israel, the occupying Power, in the Occupied Palestinian Territory, including East Jerusalem, 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. Stresses that the wall being constructed by Israel in the Occupied Palestinian Territory, including in and around East Jerusalem, is contrary to international law and is seriously depriving the Palestinian people of their natural resources, and calls in this regard for full compliance with the legal obligations mentioned in the 9 July 2004 advisory opinion of the International Court of Justice3 and in resolution ES-10/15;

5. Notes the Israeli withdrawal from within the Gaza Strip and parts of the northern West Bank and the dismantlement of the settlements therein as a step towards the implementation of the road map;

6. Calls upon Israel, the occupying Power, in this regard, to comply strictly with its obligations under international law, including international humanitarian law, with respect to the alteration of the character and status of the Occupied Palestinian Territory, including East Jerusalem;

7. Also calls upon Israel, the occupying Power, to cease the dumping of all kinds of waste materials in the Occupied Palestinian Territory, including East Jerusalem, and in the occupied Syrian Golan, which gravely threaten their natural resources, namely the water and land resources, and pose an environmental hazard and health threat to the civilian populations;

8. Further calls upon Israel to cease its destruction of vital infrastructure, including water pipelines and sewage networks, which, inter alia, has a negative impact on the natural resources of the Palestinian people;

9. Requests the Secretary-General to report to it at its sixty-second session on the implementation of the present resolution, and decides to include in the provisional agenda of its sixty-second 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”.

83rd plenary meeting
20 December 2006
Adopted by a vote of 164 to 6,
with 9 abstentions.
_______________
1United Nations, Treaty Series, vol. 75, No. 973.
2See resolution 2200 A (XXI), annex.
3A/ES-10/273 and Corr.1.
4See S/2003/529, annex.
5A/61/67-E/2006/13.



XI. SECRETARY-GENERAL UNABLE TO DISPATCH BEIT HANOUN
FACT-FINDING MISSION

Following is the text of the letter addressed by Secretary-General Kofi Annan to the President of the General Assembly on 21 December 2006 (A/ES-10/374).

I am writing to inform you of my efforts to implement General Assembly resolution ES-10/16.

It has been 34 days since the General Assembly adopted resolution ES-10/16 on 17 November 2006, in which it requested me, in operative paragraph 3, to “establish a fact-finding mission on the attack that took place in Beit Hanoun on 8 November 2006 and to report thereon to the General Assembly within thirty days”.

On that basis, on 1 December, I designated Staffan de Mistura, Director of the United Nations System Staff College, to lead the fact-finding mission. He was to be supported by a small team, as well as by security and general support staff.

I instructed that the team should gather no later than 13 December 2006 and carry out its assignment in accordance with the terms of reference that I had approved.

The Secretariat accordingly informed, in detail, the Permanent Missions of Israel and Palestine on both 1 December and 5 December 2006 and requested that the Government of Israel and the Palestinian Authority, respectively, extend their cooperation to the fact-finding mission.

The Permanent Observer of Palestine communicated the agreement of the Palestinian Authority to extend its cooperation to the team.

However, as of today, the Government of Israel has not yet indicated whether it would extend the necessary cooperation to the mission.

For this reason I regret that I was unable to dispatch the fact-finding mission and report to the General Assembly about the events that occurred in Beit Hanoun on 8 November 2006, as mandated in resolution ES-10/16.

I would be grateful if you could bring the present letter to the attention of the members of the General Assembly.


XII. QUARTET ENDORSES EXTENSION OF TEMPORARY INTERNATIONAL MECHANISM

Following is the text of the Middle East Quartet’s statement issued on 22 December 2006 (UN Press Release SG/2121-PAL/2067).

Recalling its previous statements of 17 June 2006 and 20 September 2006, taking into account the need for the Palestinian Authority Government to respond to the 30 January 2006 Quartet principles, and mindful of the continuing needs of the Palestinian people, the Quartet endorsed the continuation of the Temporary International Mechanism (TIM) for a three-month period, and agreed to again review the need for such a mechanism at the end of that time. The Quartet commended the efforts of the World Bank and European Union to facilitate needs-based assistance directly to the Palestinian people via the TIM. Donors are also encouraged to respond to humanitarian and other assistance requests by international organizations, especially UN agencies, active in the West Bank and Gaza.

_________

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