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Bulletin mensuel de la DDP - Vol.XXIV, No. 4 - Bulletin du Comité pour l’exercice des droits inaliénables du peuple palestinien/DDP (septembre-décembre 2001) - 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)
3 December 2003


September - December 2001


Volume XXIV, Bulletin No. 4




Contents

Page
I.
    Excerpts from the Declaration of the World Conference against Racism, Racial discrimination,
    Xenophobia and Related Intolerance
1
II.
    Secretary-General welcomes the meeting between Foreign Minister Shimon Peres and
    President Yasser Arafat
2
III.
    The Chairman of the Committee on the Exercise of the Inalienable Rights of the Palestinian People
    addresses a letter to the Secretary-General
2
IV.
    UNSCO report on the impact on the Palestinian economy of confrontation, border closures
    and mobility restrictions
4
V.
    The European Union issues a statement on the Middle East Peace Process
4
VI.
    The Committee on the Exercise of the Inalienable Rights of the Palestinian People reports
    to the General Assembly
5
VII.
    Secretary-General condemns assassination of Israeli Cabinet Minister
7
VIII.
    The Chairman of the Committee on the Exercise of the Inalienable Rights of the
    Palestinian People addresses a letter to the Secretary-General
8
IX.
    Secretary-General disturbed by intensified Israeli occupation
9
X.
    Security Council President issues press statement
9
XI.
    The United Nations Special Coordinator for the Middle East Peace Process
    delivers a statement on behalf of the Quartet
10
XII.
    The European Union issues a statement on the Middle East Peace Process
11
XIII.
    Ministers for Foreign Affairs of the five permanent members of the Security Council issue a statement
12
XIV.
    Non-Aligned Movement issues communiqué
12
XV.
    The Rio Group issues a statement on the crisis in the Middle East
13
XVI.
    Group of 77 adopts Declaration
14
XVII.
    Secretary-General’s message on the International Day of Solidarity with the Palestinian People
14
XVIII.
    General Assembly adopts two resolutions on the situation in the Middle East
15
XIX.
    General Assembly adopts four resolution on the question of Palestine
18
XX.
    Secretary-General urges Israelis, Palestinians to live up to earlier commitments
24
XXI.
    The Chairman of the Committee on the Exercise of the Inalienable Rights of the
    Palestinian People addresses a letter to the Secretary-General
24
XXII.
    High Commissioner for Human Rights calls for an international monitoring presence
    in occupied territories
25
XXIII.
    The European Union issues a statement on the Middle East Peace Process
27
XXIV.
    General Assembly adopts five resolutions on the report of the Special Committee to
    Investigate Israeli Practices
28
XXV.
    General Assembly adopts seven resolutions on UNRWA
35
XXVI.
    General Assembly adopts resolution on assistance to the Palestinian People
43
XXVII.
    General Assembly adopts resolution on the right of the Palestinian people to self-determination
46
XXVIII.
    Tenth emergency special session of the General Assembly resumes, two resolutions adopted
47
XXIX.
    General Assembly adopts resolution on the permanent sovereignty over natural resources
49





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


I. EXCERPTS FROM THE DECLARATION OF THE WORLD CONFERENCE
AGAINST RACISM, RACIAL DISCRIMINATION, XENOPHOBIA
AND RELATED INTOLERANCE

The Declaration and Programme of Action of the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance held, in Durban, South Africa from 31 August to 8 September 2001, contained paragraphs on the Middle East which are reproduced below (see A/Conf.189/12).

61. We recognize with deep concern the increase in anti-Semitism and Islamophobia in various parts of the world, as well as the emergence of racial and violent movements based on racism and discriminatory ideas against Jewish, Muslim and Arab communities;

62. We are conscious that humanity’s history is replete with terrible wrongs inflicted through lack of respect for the equality of human beings and note with alarm the increase of such practices in various parts of the world, and we urge people, particularly in conflict situations, to desist from racist incitement, derogatory language and negative stereotyping;

63. We are concerned about the plight of the Palestinian people under foreign occupation. We recognize the inalienable right of the Palestinian people to self-determination and to the establishment of an independent State and we recognize the right to security for all States in the region, including Israel, and call upon all States to support the peace process and bring it to an early conclusion;

64. We call for a just, comprehensive and lasting peace in the region in which all peoples shall co-exist and enjoy equality, justice and internationally recognized human rights, and security;

65. We recognize the right of refugees to return voluntarily to their homes and properties in dignity and safety, and urge all States to facilitate such return;

150. Calls upon States, in opposing all forms of racism, to recognize the need to counter anti-Semitism, anti-Arabism and Islamophobia worldwide, and urges all States to take effective measures to prevent the emergence of movements based on racism and discriminatory ideas concerning these communities;

151. As for the situation in the Middle East, calls for the end of violence and the swift resumption of negotiations, respect for international human rights and humanitarian law, respect for the principle of self-determination and the end of all suffering, thus allowing Israel and the Palestinians to resume the peace process, and to develop and prosper in security and freedom;


II. SECRETARY-GENERAL WELCOMES THE MEETING BETWEEN FOREIGN
MINISTER SHIMON PERES AND PRESIDENT YASSER ARAFAT


The following was issued on 26 September 2001 by the Spokesman for Secretary-General Kofi Annan (SG/SM/7970)

The Secretary-General warmly welcomes the meeting today between Foreign Minister Shimon Peres and President Yasser Arafat. He is extremely pleased that the parties have agreed to resume full security cooperation and to exert maximum efforts to sustain the ceasefire. He is also encouraged by the reiteration of their full commitment to implement the recommendations of the Mitchell Report and the Tenet understandings. He is heartened by the prospect of the concrete steps to be taken by the parties, as set forth in the joint communiqué issued after the meeting. He hopes that this meeting will result in a sustainable dialogue between Israel and the Palestinians and that the current cycle of violence can be brought to an end and the peace process resumed.


III. THE CHAIRMAN OF THE COMMITTEE ON THE EXERCISE OF THE INALIENABLE RIGHTS
OF THE PALESTINIAN PEOPLE ADDRESSES A LETTER
TO THE SECRETARY-GENERAL

The Chairman of the Committee on the Exercise of the Inalienable Rights of the Palestinian People on 28 September 2001 addressed a letter to the Secretary-General in connection with General Assembly Tenth Emergency Special Session agenda item 5, entitled “Illegal Israeli actions in Occupied East Jerusalem and the rest of the Occupied Palestinian Territory”. The full text of the letter is reproduced below (A/ES-10/11- S/2001/920).

In my capacity as Chairman of the Committee on the Exercise of the Inalienable Rights of the Palestinian People, I would like to share with you a few thoughts on the anniversary of the Palestinian uprising, which became known as the “Al Aqsa intifada”.

It was a highly controversial visit by the then Israeli opposition leader and now Prime Minister Mr. Ariel Sharon to the Al-Haram al-Sharif compound in Jerusalem and the forceful suppression of the ensuing protests that sparked 12 months of violence, of which we have apparently not seen the end yet. During those months, over 800 people lost their lives and thousands were injured, many incapacitated for life, the vast majority of them Palestinian civilians, including many children.

Israel reacted to the explosion of grievances and frustration by the Palestinians by using excessive force, including combat helicopter gunships, fighter aircraft and other sophisticated materiel, as well as by imposing a

stifling economic blockade in order to crush the uprising. In addition to the tragic loss of human life, large parts of the Palestinian infrastructure have been systematically destroyed in the course of the year. Tens of thousands of people lost their livelihoods and hundreds of thousands became dependent for their survival on emergency humanitarian assistance offered by the international community. Moreover, this led to a virtual dismantling of the peace process, which since Madrid and then Oslo appeared to have been gradually heading towards a peaceful resolution of the conflict, albeit with occasional difficulties.

International efforts to end the violence and bring the parties back to the negotiating table continued over the past year, regrettably without lasting effect. Once again, on behalf of our Committee, allow me to take this opportunity to salute your close personal engagement in these efforts, which have been positively received by both parties and the broader international community. These intensive efforts led to the establishment of the Sharm el-Sheikh Fact-Finding Committee headed by former United States Senator George Mitchell and the publication of its report, which set out a series of steps the parties had to take in order to end the violence and resume negotiations. Regrettably, Israel’s selective and piecemeal approach to the Mitchell Committee recommendations and its insistence on security issues has not allowed implementation to proceed, as it should, in an integrated way, combining security and confidence-building measures with longer-term issues. The understandings reached by the parties with the assistance of the United States Director of Central Intelligence George Tenet aimed to create a security framework within which the Mitchell report could start being implemented. This effort was also largely inconclusive owing to preconditions set by the Israeli side.

The meeting between Chairman Arafat and Foreign Minister Peres at Gaza International Airport, on 26 September 2001, was a welcome development and was met by the international community, including our Committee, with great satisfaction. As you mentioned on the occasion through your Spokesman, we were all encouraged by the reiteration by the parties of their full commitment to implementing the recommendations of the Mitchell report and the Tenet understandings. It is much hoped that the important agreements reached at the meeting between Chairman Arafat and Foreign Minister Peres, as outlined in their joint communiqué, will enable the parties to resume full security cooperation leading to a permanent cessation of violence and the resumption of comprehensive negotiations between the two sides.

Cautiously optimistic as we may allow ourselves to be under the circumstances, we should not lose sight of the problems lying at the heart of the question of Palestine, which will have to be tackled for a comprehensive, just and lasting peace in the region to be achieved. Security Council resolutions 242 (1967) and 338 (1973), which embody the principle of “land for peace”, should be the basis of any solution. This was reaffirmed in recent months by the Security Council in its resolution 1322 (2000) of 10 October 2000 and by the General Assembly at its tenth emergency special session in its resolution ES-10/7 of 20 October 2000.

Since its inception in 1975, our Committee has maintained that the core of the problem has been the continuing illegal occupation by Israel of the Palestinian Territory, including Jerusalem. Once again, we call upon the Government of Israel to abide by the principles of the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949, and the provisions of all relevant Security Council and General Assembly resolutions. Illegal Israeli policies such as settlement activity, extrajudicial killings of suspected Palestinian activists, and closures of and incursions into Palestinian areas should be stopped forthwith and faits accomplis on the ground should be reversed. The inalienable rights of the Palestinian people should be respected and the Palestinians should be able to live in an independent State of their own, in peace with Israel and the other neighbouring countries.

The Committee has been extremely worried over developments in the Occupied Palestinian Territory, including Jerusalem, especially since late September 2000. In the light of the continuing violations by Israel of international law and of its agreements with the Palestinian side, the Committee remains gravely concerned that the Israeli Government has not been able to embrace fully and unequivocally the fundamental principle of land for peace and apply in practice the commitments and obligations it entered into at Madrid and Oslo. As the crisis persists and the parties continue to lack mutual trust and confidence, assistance by key international actors, including the co-sponsors of the peace process, the European Union and leaders in the regions, the United Nations and yourself remains crucial.

It is also the firm position of our Committee that, at this critical juncture, the United Nations should continue to maintain its permanent responsibility with respect to all aspects of the question of Palestine, until it is resolved in a satisfactory manner, in conformity with relevant United Nations resolutions, in accordance with international legitimacy, and until the inalienable rights of the Palestinian people are fully realized.

I should be grateful if you would have the text of the present letter circulated as a document of the tenth emergency special session of the General Assembly, under agenda item 5, and of the Security Council.


IV. UNSCO REPORT ON THE IMPACT ON THE PALESTINIAN ECONOMY
OF CONFRONTATION, BORDER CLOSURES AND
MOBILITY RESTRICTIONS


On 30 September 2001, the Office of the United Nations Special Coordinator for the Middle East Peace Process issued the fifth in a series of UNSCO reports on the socio-economic impact for Palestinians of confrontation, border closures and mobility restrictions. The report covered the one-year period 1 October 2000 to 30 September 2001. The conclusions of the report are reproduced below.

CONCLUSIONS

The present crisis, which has now lasted for more than one year and for which there is as yet no end in sight, has severely disrupted the previous four years of economic recovery. Whereas in the four years prior to the crisis, GDP and GNI were steadily rising and unemployment and poverty figures were declining, poverty is now so widespread that soon more than half of the population in the West Bank and Gaza will have to survive on US$ 2 or less per day.

As the level of confrontation and violence did not change much between the second and third quarters of 2001, further economic decline in the West Bank and Gaza can be attributed to the tightening of the closure during the third quarter of 2001, as well as the prolonged duration of the crisis.

While during the first two quarters of 2001, macroeconomic indicators were suggesting that Palestinians had quickly adapted to the Israeli - imposed border closures and mobility restrictions, third - quarter data would suggest that the coping mechanisms adopted to offset the direct effects of closure will not be sustainable in the medium to long term. The continued ability of the PA - with substantial external budget assistance - to pay salaries and provide a minimum level of basic social services has thus far prevented even more dire economic consequences. As the PA will not be able to absorb the growing number of unemployed, and as donor-funded employment schemes are only able to provide temporary work for limited numbers of people, the prospects for economic stabilization, not to say recovery, are dim in the absence of a political breakthrough.


V. THE EUROPEAN UNION ISSUES A STATEMENT ON THE MIDDLE EAST
PEACE PROCESS

On 9 October 2001, the Presidency of the European Union on behalf of the European Union issued a statement concerning the Middle East peace process, which is reproduced below in full (S/2001/977)

The European Union expresses its deep concern at the further worsening of the situation in the Middle East. It deplores the considerable increase in the number of victims resulting from the confrontations, terror, provocation and violence. It unreservedly voices its support for the Peres-Arafat dialogue, which must lead to a lasting political situation.

It appeals to the parties to implement in good faith the commitments they have entered into in the context of the ceasefire, and to open the direct dialogue which should be begun further to the Mitchell report’s recommendations and to aim for urgent opening-up of a political perspective.

In this respect, the European Union calls on the parties to agree on an impartial surveillance mechanism which can help them to overcome their differences and the obstacles they are encountering in their efforts to achieve reconciliation. The European Union remains ready to contribute to such a mechanism.
The European Union moreover welcomes President Bush’s declaration acknowledging the right of the Palestinians to a viable State provided that Israel’s right to exist is guaranteed. This has long been the European Union’s position.

To this end, the European Union emphasizes the full importance of an enhanced dialogue between the European Union and the United States. The European Union urges the United States to exert all its influence with a view to a settlement of the conflict in the Middle East.


VI. THE COMMITTEE ON THE EXERCISE OF THE INALIENABLE RIGHTS OF THE
PALESTINIAN PEOPLE REPORTS TO THE GENERAL ASSEMBLY


The following are the conclusions and recommendations of the report of the Committee to the fifty-sixth session of the General Assembly, adopted at the Committee’s meeting on 10 October 2001 (see A/56/35 of 31 October 2001):

98. At the start of the twenty-first century and more than five decades after the adoption by the General Assembly of its resolution 181 (II) of 29 November 1947, the Palestinian people is yet to see the promise of its own State fulfilled. Thirty-four years after the illegal occupation by Israel of its land, the Palestinians are yet to see their aspirations for self-determination and the exercise of their inalienable and natural rights realized. Ten years after the Middle East Peace Conference held at Madrid and in spite of the progress made in the first few promising years, the peace process relapsed and now remains at a standstill, with both sides far apart on key issues. To this day, millions of Palestine refugees carry on with their dismal existence in refugee camps, deprived of their natural right of return to the places from which they have been displaced. The gains that the Palestinian economy experienced when the peace process was advancing are now all but gone. The economy, already in a disastrous state, is being gradually destroyed by the occupying Power. In these circumstances, the Committee intends to persist in its efforts to contribute, through its varied programme of activities, to international endeavours aimed at stopping the violence and bringing the parties back on the peace track. Its overriding and fundamental objective and mandate - the exercise by the Palestinian people of its inalienable rights - will remain key to all its activities.

99. In the course of the year, the Committee has been greatly distressed by the intensification of the crisis and, as a result, the tragic loss of innocent lives, the wide-scale destruction of Palestinian property and the alarmingly steady deterioration of the economy. The Committee joined the international community in expressing grave concern over the policies and actions of Israel, the occupying Power, in the Occupied Palestinian Territory, including Jerusalem, namely the illegal settlement policy; military incursions unprecedented in scope into the various parts of the Palestinian Territory, including areas under full Palestinian control, as stipulated in relevant bilateral agreements; excessively harsh and disproportionate attacks by IDF against the Palestinians protesting the occupation; the widespread policy of targeted extrajudicial assassinations of Palestinian activists; and the harmful effect of the occupation on the living conditions of the Palestinian people. As the core of the conflict remains the continuing illegal occupation by Israel of the Palestinian Territory, the Committee reiterates its position of principle that the problem should be resolved based on Security Council resolutions 242 (1967) and 338 (1973), as well as other relevant United Nations resolutions and the exercise by the Palestinian people of its inalienable rights, including its right to self-determination and its own independent State.

100. The deplorable events since September 2000 have also underscored the urgency of pressing forward with efforts to bring calm, stabilize the situation and enable the parties to resume their dialogue. The Committee views with great regret and growing alarm the breakdown in the Israeli-Palestinian peace negotiations. It welcomed the Sharm el-Sheikh and Taba understandings with a measure of anticipation and hope that those small but important steps would allow the parties to overcome their differences and restore the dialogue. The Committee called for the immediate and comprehensive implementation of the Mitchell Committee recommendations, as offering the most practicable route back to the peace process. Although both sides have accepted the report, the crisis persisted, preventing the parties from resuming their negotiations on critical interim and permanent status issues. The Committee calls upon the co-sponsors of the peace process and all concerned to continue to pursue their efforts, looking for innovative approaches that would allow the parties to implement the Mitchell Committee recommendations and resume their negotiations. The Committee believes that a stepped-up and concrete engagement on the part of key international parties, regional and extra-regional, is now needed more than ever.

101. In the light of these developments, the Committee shares the view that action aimed at addressing the present situation is also required by the High Contracting Parties to the Fourth Geneva Convention. It supports the ongoing effort to reconvene the Conference of the High Contracting Parties in order to ensure respect for the Convention and provide the necessary protection to the Palestinian people.

102. At this critical crossroads in the peace process, the Committee reaffirms its long-standing position that the United Nations should continue to maintain its permanent responsibility with respect to all aspects of the question of Palestine until it is resolved in a satisfactory manner, in conformity with relevant United Nations resolutions, in accordance with international legitimacy and until the inalienable rights of the Palestinian people are fully realized. In this context, the Committee strongly believes that both the General Assembly and the Security Council should do everything in their power to help resolve this five-decades-old conflict, allowing the Palestinian people, at long last, to exercise its rights, including the right to self-determination and the establishment of an independent State of its own. The Committee welcomes and strongly supports the increasingly important and highly instrumental role in the overall peacemaking efforts played in the course of the year by the Secretary-General of the United Nations. The Committee also expresses its appreciation 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 for his persistent efforts aimed at bringing the parties together and for his important work of coordinating international assistance to the Palestinian people carried out by his Office. The Committee considers it unacceptable that UNRWA, which has provided generations of Palestinians with social services, schooling and health care, is now experiencing serious financial difficulties. In this connection, the Committee strongly urges the international donor community to assist the Agency and contribute generously to its budget. This should enable UNRWA to continue to deliver its vital humanitarian services to some 3.8 million Palestine refugees registered with it.

103. The Committee considers that its programme of meetings in various regions continues to play a useful role in heightening international awareness of the relevant issues and in achieving wider support for the achievement by the Palestinian people of its inalienable rights. The Committee also highly appreciates the contribution made by a large number of NGOs working untiringly to mobilize solidarity with the Palestinian people, provide emergency relief under difficult circumstances to the population in the Occupied Palestinian Territory and raise international awareness of its inalienable rights, in particular the right of return. There is a greater need for sustained campaigns at various levels aimed at informing public opinion about the root cause of the conflict — the illegal occupation by Israel of Palestinian land. In addition to civil society initiatives and given the tense and volatile situation on the ground, special emphasis should be laid on mobilizing wide public support for measures aimed at protecting the Palestinian people, such as action by the United Nations and its Security Council or by the High Contracting Parties to the Fourth Geneva Convention. In its programme of work for the next year, the Committee will strive to involve to a greater extent other sectors of civil society, such as parliamentarians and their regional and international organizations and the media. Its cooperation with the wide network of NGOs on the question of Palestine will be intensified and focused on issues of common concern. The Committee will continue to review and assess its programme with a view to making it more responsive to the developments on the ground and in the peace process. It will focus its work in the next year on the question of the exercise by the Palestinian people of its inalienable rights, on efforts to revive the Israeli-Palestinian peace negotiations and the role of the United Nations therein, and on international assistance to the Palestinian people.

104. The Committee stresses the essential contribution of the Division for Palestinian Rights of the Secretariat in support of the Committee’s objectives and requests it to continue its programme of publications and other informational activities, in particular the further development of the UNISPAL documents collection. The Committee also considers that the annual training programme for staff of the Palestinian Authority has demonstrated its usefulness and requests that it be continued.

105. The Committee is of the view that the special information programme on the question of Palestine of the Department of Public Information has made an important contribution to informing the media and public opinion on the relevant issues. The Committee requests the programme’s continuation, with the necessary flexibility, as warranted by developments relevant to the question of Palestine.

106. Wishing to make its contribution to the achievement of a just and lasting settlement of the question of Palestine and in view of the many difficulties facing the Palestinian people and besetting the peace process, the Committee calls on all States to join in this endeavour and invites the General Assembly again to recognize the importance of its role and to reconfirm its mandate with overwhelming support.



VII. SECRETARY-GENERAL CONDEMNS ASSASSINATION OF ISRAELI
CABINET MINISTER


The following was issued on 17 October 2001 by the Spokesman for Secretary-General Kofi Annan (SG/SM/8001)

The Secretary-General was appalled to learn this morning of the assassination of Israeli cabinet minister Rehavam Zeevi. He utterly condemns this terrorist act and conveys his heartfelt condolences to Mr. Zeevi's family and to the Government of Israel.

The Secretary-General has consistently condemned all acts of terrorism from whatever quarter. He welcomes President Arafat's condemnation of this despicable act and his promise to bring to justice those responsible. The Secretary-General appeals to all parties to exercise maximum restraint and urges them to resume a sustained dialogue. He continues to believe that peace and security can be achieved only through political negotiations, and that the parties should not be deflected from this path by terrorist acts.


VIII. THE CHAIRMAN OF THE COMMITTEE ON THE EXERCISE OF THE INALIENABLE RIGHTS
OF THE PALESTINIAN PEOPLE ADDRESSES A LETTER TO THE SECRETARY-GENERAL


The Chairman of the Committee on the Exercise of the Inalienable Rights of the Palestinian People on 23 October 2001 addressed a letter to the Secretary-General in connection with General Assembly Tenth Emergency Special Session agenda item 5, entitled “Illegal Israeli actions in Occupied East Jerusalem and the rest of the Occupied Palestinian Territory”. The full text of the letter is reproduced below (A/ES-10/120-S/2001/1000).

In my capacity as Chairman of the Committee on the Exercise of the Inalienable Rights of the Palestinian People, I would like to draw your kind attention, again as a matter of urgency, to the worsening of the security situation in the Occupied Palestinian Territory, including Jerusalem.

Our Committee has been greatly alarmed by the latest deterioration of the situation in the Occupied Palestinian Territory, including Jerusalem. As you are aware, in the course of the past several days, the Israel Defense Forces have conducted a series of incursions into a number of Palestinian-controlled areas, contributing significantly to the escalation of the crisis. This large-scale operation, mounted ostensibly for security reasons, was supported by tanks, armoured personnel carriers and army bulldozers. As a result of shelling and gunfire from the Israel Defense Forces, more than 20 innocent Palestinian civilians, including children, lost their lives throughout the Palestinian Territory — in Bethlehem, Beit Jala, El-Bireh, Jenin, Qalqilya, Nablus, Ramallah, Tulkarm and the Gaza Strip. Many civilians have received injuries, some of them severe. In Bethlehem, churches, two hospitals, including a maternity hospital, and an orphanage came under fire. In addition, acts of settler vandalism were reported in a Hebron mosque. Classes at some 85 Palestinian schools have been suspended because of the Israeli incursions and blockade. In all, the Israel Defense Forces have reoccupied six Palestinian cities. What is particularly disquieting about these recent actions is the stated Israeli intention to expand the scope of the operations and reoccupy other “A” Areas.

The Committee considers the reoccupation by the Israel Defense Forces of the areas under full Palestinian control as yet another glaring and unequivocal illustration of Israel’s lack of respect for the bilateral agreements signed to date. By occupying areas under the full control of the Palestinian Authority, creating facts on the ground, carrying out extrajudicial assassinations and destroying Palestinian houses and other property, Israel is inflicting great suffering on the Palestinian people and is doing irreparable damage to the principles and foundations of the peace process.

In the light of the above, our Committee calls upon Israel to withdraw its forces from all areas under Palestinian control immediately and refrain from undertaking such incursions in the future. The recent escalation of violence proves time and again that the heart of the problem is the continuing illegal occupation by Israel of the Palestinian Territory, including Jerusalem. The occupying Power must heed the calls of the international community and respect the principles of the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949, and the provisions of all relevant Security Council and General Assembly resolutions. In addition, as the present conflict has a potential for widening, the Security Council should discharge its primary responsibility for the maintenance of peace and security, conferred upon it by the Member States under the Charter of the United Nations, and act decisively in order to prevent further bloodshed and destruction.

I should be grateful if you would have the present letter circulated as a document of the Tenth Emergency Special Session of the General Assembly, under agenda item 5, and of the Security Council.


IX. SECRETARY-GENERAL DISTURBED BY INTENSIFIED ISRAELI OCCUPATION

The following was issued on 24 October 2001 by the Spokesman for Secretary-General Kofi Annan (SG/SM/8003).

The Secretary-General is very disturbed to learn that, in spite of international calls on Israel to withdraw its armed forces from Palestinian-controlled areas in the West Bank, Israel has instead intensified its occupation of those areas.

The Secretary-General is especially concerned about reports from the village of Beit Rima, where Israeli forces have launched a major assault today resulting in substantial loss of life. The Secretary-General calls on Israel to cease this attack immediately, withdraw all its forces from Area A and also ensure that

Palestinian ambulances and International Committee of the Red Cross (ICRC) personnel have full access to the wounded in the village.

The Secretary-General reiterates that this further dangerous escalation, quite apart from being a breach of signed agreements, only deepens the cycle of violence in the region where tensions are already at the boiling point. The Secretary-General remains convinced that there is no alternative to a negotiated political solution to this conflict. He strongly urges the parties to return to this path.



X. SECURITY COUNCIL PRESIDENT ISSUES PRESS STATEMENT

Following is the text of a statement by the President of the Security Council, Richard Ryan (Ireland), on 25 October 2001 on the situation in the Middle East (SC/7188).

Members of the Security Council met today to discuss the situation in the Middle East. Members were deeply concerned by the escalation in violence and deplored the loss of life on both sides.

Members supported statements in capitals calling for immediate withdrawal of all Israeli forces from Area A.

Members fully supported the important diplomatic initiatives to de-escalate the situation on the ground.

Members strongly supported all the elements contained in the statement issued this evening by representatives in the region of the European Union, the United States, the Russian Federation, and the Special Coordinator of the United Nations Secretary-General.

Members welcomed the resumption tomorrow of tripartite security meetings.

Members agreed that the Security Council should speak with one voice on this matter. It was agreed to keep the situation under close review in light of further developments, and to revert to it once again in the coming days.

The consultations of the Security Council were convened at the request of the Arab Group.

The members of the Security Council have met in their determination to ensure the implementation of resolutions 1397 (2002), 1402 (2002) and 1403 (2002).

The members of the Security Council are seriously concerned at the further deterioration of the situation and violation of international humanitarian law in the Palestinian territories, including many victims among the civilian population and a threat of destruction of the Palestinian Authority. They are deeply disturbed by the failure to implement resolutions 1397 (2002), 1402 (2002) and 1403 (2002). The continuation of violence by the power in control of events on the ground is unacceptable.

The members of the Security Council insist on full implementation by the parties of Security Council resolutions, especially on immediate implementation of resolutions 1402 (2002) and 1403 (2002). In particular, there must be a ceasefire and Israel must withdraw its forces from Palestinian cities without delay.

The members of the Security Council call on the parties to cooperate fully and in good faith with Ministers and Special Envoys of the Quartet and with the Secretary-General, especially in the context of the forthcoming visit of the United States Secretary of State to the region.

The members of the Security Council invite the Secretary-General to keep the Security Council informed on the ongoing efforts to ensure the implementation of its resolutions. They will closely follow the developments as they consider further steps to contribute to the efforts to bring peace to the Middle East.

The Security Council members also expressed concern at the violation of the Blue Line and reiterated their call on the parties to implement resolutions 425 (1978) and 426 (1978).



XI. THE UNITED NATIONS SPECIAL COORDINATOR FOR THE MIDDLE EAST PEACE PROCESS
DELIVERS A STATEMENT ON BEHALF OF THE QUARTET

On 25 October 2001, the United Nations Special Coordinator for the Middle East Peace Process, Mr. Terje Roed-Larsen, delivered the following statement on behalf of EU Special Envoy Miguel Moratinos, US Consul-General Ron Schlicher, Russian Special Envoy Andrey Vdovin and himself.

We (EU Special Envoy Miguel Moratinos, US Consul-General Ron Schlicher, Russian Special Envoy Andrey Vdovin andUnited Nations Special Coordinator Terje Roed-Larsen) met with Chairman Arafat, together with the diplomatic corps, to review the current dangerous situation.

We discussed the importance of both sides fully complying with the ceasefire announced on 26 September 2001.

We acknowledged that prior to 17 October 2001 the Palestinian Authority had begun to take steps to ensure the strict implementation of the ceasefire. These steps had been undermined by the assassination of Israeli Cabinet Minister Rehavam Zeevi, an act for which the PFLP took credit, and after which they threatened further actions, and for which they must be held accountable.

We note Chairman Arafat's statement to the diplomatic corps in which he detailed the steps he has taken to control violence and combat terrorism, even under extremely difficult circumstances, including the high loss of civilian life in the multiple incursions into Area A. We welcomed the commitment made by Chairman Arafat to take additional specific and concrete steps to control violence and to ensure full implementation of the Palestinian Authority's ceasefire orders. We urged him to make a concerted effort to ensure full and strict compliance with the Palestinian Authority's ceasefire orders, including through arresting those who defy his orders and taking further steps against terrorist organizations. We stressed that the international community recognizes the Palestinian Authority as the only entity responsible for security in the Palestinian Territory.

We told Chairman Arafat of our determination to continue working closely with him to ensure that the ceasefire was fully respected as we would do with the Government of Israel.

We have called on Israel to: (1) immediately withdraw from Area A; (2) halt extrajudicial killings; (3) ensure greater restraint by the IDF; (4) fully respect the cease-fire; (5) move swiftly to ease the closures, according to the September 26th Peres - Arafat Understanding; (6) take steps for the immediate implementation of the Mitchell Report and Tenet plan which will lead to a resumption of the political process in order to address the fundamental issues between the two parties.

We stressed the importance of bringing a rapid end to the current crisis so that hope could be restored to the Palestinian and Israeli peoples.

We stressed that the international community stood ready to undertake vigorous efforts to restore the Palestinian economy following the devastating losses caused by the crisis and the closures.



XII. THE EUROPEAN UNION ISSUES A STATEMENT
ON THE MIDDLE EAST PEACE PROCESS


On 29 October 2001, the Presidency of the European Union on behalf of the European Union issued a statement concerning the Middle East peace process, which is reproduced below in full (S/2001/1046).

On the occasion of the tenth anniversary of the Madrid Conference, the European Union feels it necessary to reiterate its conviction that the “peace-process” framework so laboriously worked out in the course of negotiations and agreements between the various parties constitutes the only reasonable hope of putting an end to a conflict which, if it continues, can only compound the sufferings of the peoples affected.

The situation in the Middle East is steadily worsening. Over the last few days, violence has reached a level not seen for many years. Distrust, fear and resentment are leading to radical polarization. The absence of any political prospects is fuelling further confrontation and playing into the hands of the extremists.

The European Union calls on the Israelis and Palestinians, immediately, without preconditions and while there is still time, to return to the path of negotiation on the basis of the recommendations in the Mitchell report and Tenet plan. It asks the Israeli authorities to withdraw their troops immediately from the zone that is exclusively under Palestinian administration (Zone A). It asks the Palestinian Authority to do its utmost to arrest those responsible for acts of violence against Israel.

In the course of the peace process, numerous stages have been completed, despite difficulties and obstacles of every kind. This has produced the elements of an agreement which it is necessary to preserve and, more importantly, bring to fruition, in particular:
- the principles of the Madrid Conference, in particular the principle of land for peace;

– United Nations Security Council resolutions 242 (1967) and 338 (1973);

– the agreements signed by the parties, which have led to real results on the ground, and the progress made in previous negotiations.

In the present situation, the European Union calls on both parties to do their utmost, on the political, security, economic and social fronts, to return to the path of negotiation without prior conditions and with the objective of satisfying the legitimate expectations of the peoples in the region as expressed at the Madrid Conference in 1991:

-…for the Palestinians, the establishing of a viable and democratic State and an end to the occupation of their territories;

-…for the Israelis, the right to live in peace and security within internationally recognized borders.

The European Union would also point out that the search for a comprehensive and lasting peace in the region requires due account to be taken of the Israel-Syria and Israel-Lebanon aspects of the conflict, to which a solution based on the same principles must be found.

The search for peace is above all a matter for the parties themselves through a process of negotiation of all elements making up the permanent status. This also involves the prospect of a just and viable solution to the particularly complex issues of Jerusalem and refugees, and the provision of economic support for the Palestinian population. The European Union, in close collaboration with the United States and the other partners concerned, reaffirms its readiness to assist in finding a definitive solution to the conflict.



XIII. MINISTERS FOR FOREIGN AFFAIRS OF THE FIVE PERMANENT MEMBERS
OF THE SECURITY COUNCIL ISSUE A STATEMENT


On 12 November 2001, the Ministers for Foreign Affairs of China, France, the Russian Federation, the United Kingdom of Great Britain and Northern Ireland and the United States of America issued a statement following their meeting with the Secretary-General (A/56/613-S/2001/1066) excerpts from which are reproduced below.



The Ministers expressed their deep concern at the recent tragic events in the Middle East. They strongly encouraged Israelis and Palestinians to take the necessary security, economic and political steps to move from confrontation to the resumption of a political process. The Ministers reiterated their condemnation of acts of terror and violence and their conviction that the only solution to the Israeli-Palestinian problem is through dialogue and negotiations. They called on Israel to withdraw from all areas into which it has made incursions and to ensure greater restraint by the Israel Defense Forces. They also called on the Palestinian Authority to take all possible steps to put an end to violence. In this regard, they urged the parties to implement the Tenet plan and the recommendations of the Mitchell report, which the parties have accepted, as quickly as possible. The Ministers called on the parties to create an environment in which negotiations based on Security Council resolutions 242 (1967) and 338 (1973) and the Madrid principles could resume.

….


XIV. NON-ALIGNED MOVEMENT ISSUES COMMUNIQUÉ

The Ministers for Foreign Affairs and heads of delegation of the Movement of Non-Aligned Countries issued a final communiqué following their meeting held in New York on 14 November 2001, excerpts from which are reproduced below (see A/56/68-S/2001/1159)

We express our grave concern over the tragic and deteriorating situation in the Occupied Palestinian Territory, including Jerusalem, and its dangerous impact on the situation in the Middle East as a whole. We reaffirm the need to achieve a comprehensive, just and lasting peace in the Middle East. We affirm our determination to actively strive towards the achievement of a just and comprehensive peace in the Middle East on the basis of Security Council resolutions 242 (1967), 338 (1973) and the principle of land for peace. In this context we stress the need for the Israeli withdrawal from the Palestinian Territory, including Jerusalem, and the occupied Syrian Golan to the line of 4 June 1967. We reaffirm the right of the Palestinian people to establish their independent State of Palestine with East Jerusalem as its capital. Furthermore, we reaffirm that a just and comprehensive peace can only be achieved by upholding international legitimacy and relevant United Nations resolutions. In this regard we consider the attempts by the Israeli Government to undermine the terms of reference of the Middle East peace process which started in Madrid as a serious obstacle to the realization of peace. We call for an end to continuing Israeli violations of Lebanese sovereignty and territorial integrity and for the release of all Lebanese detained in Israeli prisons and express our support for the current mandate of United Nations Interim Force in Lebanon (UNIFIL) and for the demining assistance in the south of Lebanon. The Ministers also adopted a separate declaration on Palestine.





XV. THE RIO GROUP ISSUES A STATEMENT ON THE CRISIS IN THE MIDDLE EAST


The statement issued by the Ministers for Foreign Affairs of the Rio Group on the subject of the crisis in the Middle East, at their meeting held on 14 November 2001 on the occasion of the fifty-sixth session of the General Assembly, is reproduced below (see A/56/63-S/2001/1090).

In view of the grave crisis in the Middle East peace process, the Ministers for Foreign Affairs of the countries of the Rio Group, meeting in New York on 14 November 2001 on the occasion of the fifty-sixth session of the General Assembly of the United Nations, wish to state as follows:

1. They most vigorously condemn the acts of violence and the use and threat of the use of force, recognizing that the only valid method of achieving peace is to use the mechanisms for the peaceful settlement of disputes which have been accepted and recognized by the international community, including, in particular, dialogue and negotiation among the parties involved in the conflict.

2. In this regard, the member countries of the Rio Group reaffirm their adherence to the United Nations resolutions which have created the legal framework for the settlement of the Arab-Israeli conflict, in essence on the basis of the constitution of an independent, viable and democratic State for the Palestinian people and security for Israel within internationally recognized borders, and reiterate their concern that the negotiations on the peace process, which began in Oslo in 1993, should be resumed. For this purpose, the Rio Group once again urges the parties involved in the conflict to desist immediately from all acts of violence and to return to the peace process negotiations as soon as possible, and appeals to them to consider all methods conducive to the attainment of that end and to comply with the international community’s initiatives and appeals for peace, especially the appeal for the implementation of the recommendations contained in the Mitchell report.

3. The Ministers of the Rio Group countries also urge the entire international community, in particular those countries or groups of countries which have historically borne responsibility in the quest for solutions to the Middle East conflict, to continue to assist the parties involved to resume the peace process negotiations and to monitor and ensure compliance with the commitments freely made by the parties, in the interests of international peace and security, the unrestricted protection of human rights, respect for cultural and religious values and symbols, progress, well-being and development, and cooperation among the peoples in the Middle East region.



XVI. GROUP OF 77 ADOPTS DECLARATION

Excerpts from the Declaration adopted by the Twenty-fifth Annual Meeting of Ministers for Foreign Affairs of the Group of 77, which was held at United Nations Headquarters on 16 November 2001, are reproduced below (see A/56/647).

We express our grave concern over the tragic and dangerous situation in the occupied Palestinian territory, including Jerusalem, which has gravely deteriorated the economic and social conditions of the Palestinian people, and has negatively affected stability and development in the region as a whole. We call for the immediate and total freeze of settlement activities in the occupied Palestinian territory, including Jerusalem, and in the occupied Syrian Golan, an end to the Israeli siege of Palestinian towns and villages and all other forms of collective punishment, as well as the return to the negotiating table. We reaffirm our support to the Palestinian people in their effort to achieve their inalienable rights, including the right to establish an independent State on their national soil, including Jerusalem. We also call for an end to Israeli violations of Lebanese sovereignty and territorial integrity. We reaffirm our support for the Middle East peace process, aimed at achieving a comprehensive, just and lasting peace in the region on the basis of Security Council resolutions 242 (1967) and 338 (1973) and the principle of land for peace.





XVII. SECRETARY-GENERAL’S MESSAGE ON THE INTERNATIONAL DAY
OF SOLIDARITY WITH THE PALESTINIAN PEOPLE


Following is the text of the message by Secretary-General Kofi Annan on the occasion of the International Day of Solidarity with the Palestinian People, on 29 November 2001 (SG/SM/8047).

This year’s observance of the International Day of Solidarity with the Palestinian People takes place at a critical time for the Middle East and the world. Escalating violence and significant loss of life, mostly among Palestinians, but also Israelis, have increased mutual mistrust and animosity between the two communities, and have undermined efforts to build bridges of reconciliation and partnership.

Since the Sharm el-Sheikh Summit of October 2000, international and regional actors have made repeated efforts to bring the parties back to the negotiating table. Earlier this year, the Sharm el-Sheikh Fact-Finding Committee, chaired by former Senator George Mitchell, provided a balanced and sensible set of recommendations which, if implemented, would lead the parties from confidence-building steps to substantive negotiations. A ceasefire is now desperately needed. This would also be in accordance with the understandings on security-related issues reached under the auspices of CIA Director George Tenet. I believe that full implementation of the Mitchell recommendations offers the best route to a peaceful solution, based on resolutions 242 (1967) and 338 (1973) and the principle of land for peace.

The horrific terrorist attacks of 11 September have had a profound impact on events all over the world. In the case of the Middle East, there is a renewed sense of urgency to find a peaceful solution to the question of Palestine. I was encouraged to hear President Arafat and Foreign Minister Peres restate their commitment to security cooperation and dialogue at their meeting in late September. However, developments since then, in particular the assassination of Israeli Cabinet Minister Ze’evy and the Israel Defense Forces’ incursion into areas under Palestinian control, have made the situation even worse. The engagement of the international community –- in particular of the United States, the Russian Federation, the European Union, the United Nations, and Member States including Egypt and Jordan -- remains vital.

It is also essential now for the parties to preserve the achievements of the peace process and to do all they can to regain the path of peace and reconciliation. Both sides must realize that violence, and the excessive use of force, are the enemies of progress. I share the hopes expressed by President Bush and United States Secretary of State Powell that the Israeli occupation will soon end, and that two States –- Israel and Palestine –- will before long live side by side in peace with mutual respect and security. To this end, the expansion of settlements, assassinations, all acts of terrorism, economic blockades and incursions into autonomous areas should cease immediately.

The crisis of the past 14 months has had a catastrophic effect on the Palestinian economy. Repeated border and internal closures have led to a dramatic deterioration in living conditions and considerably increased unemployment and poverty rates, adding to the general sense of despair, frustration and anger felt among Palestinians. The international donor community has provided much-needed budgetary support to the Palestinian Authority and its institutions, and essential emergency relief to the Palestinian population. Further support will shortly be needed.

The United Nations Relief and Works Agency for Palestine Refugees in the Near East continues to play a central role in responding to the rising needs of the refugee community. The United Nations Development Programme and many other United Nations agencies are also active on the ground. Donor assistance remains vital, especially now, at a time of crisis and severe economic hardship.

In addition, the United Nations Special Coordinator for the Middle East Peace Process, Mr. Terje Rød-Larsen, has been working very closely with the parties, and with representatives of the international community in the region, to support the peace process and to coordinate international assistance in the areas of emergency relief and development.

For my part, I will continue to work with all parties until a comprehensive, just and lasting settlement of the question of Palestine is achieved, based on Security Council resolutions 242 (1967) and 338 (1973) and the principle of “land for peace”. At the start of the new millennium, the Palestinian people should finally be allowed to exercise their inalienable rights, including the right to self-determination and to a State of their own.



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

The General Assembly considered under agenda item 42 of its fifty-sixth session two draft resolutions on the situation in the Middle East, A/56/L.23 and A/56/L.24, which were adopted on 1 December 2001 as resolutions 56/31 on Jerusalem and 56/32 on the Syrian Golan. For the verbatim record, see A/56/PV.72. The two resolutions are reproduced below with an indication of the vote.


56/31. Jerusalem

The General Assembly,

Recalling its resolutions 36/120 E of 10 December 1981, 37/123 C of 16 December 1982, 38/180 C of 19 December 1983, 39/146 C of 14 December 1984, 40/168 C of 16 December 1985, 41/162 C of 4 December 1986, 42/209 D of 11 December 1987, 43/54 C of 6 December 1988, 44/40 C of 4 December 1989, 45/83 C of 13 December 1990, 46/82 B of 16 December 1991, 47/63 B of 11 December 1992, 48/59 A of 14 December 1993, 49/87 A of 16 December 1994, 50/22 A of 4 December 1995, 51/27 of 4 December 1996, 52/53 of 9 December 1997, 53/37 of 2 December 1998, 54/37 of 1 December 1999 and 55/50 of 1 December 2000, 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 also Security Council resolution 478 (1980) of 20 August 1980, in which the Council, inter alia, decided not to recognize the “Basic Law” and called upon those States which had established diplomatic missions in Jerusalem to withdraw such missions from the Holy City,

Having considered the report of the Secretary-General, 1/

1. Determines that the decision of Israel to impose its laws, jurisdiction and administration on the Holy City of Jerusalem is illegal and therefore null and void and has no validity whatsoever;

2. Deplores the transfer by some States of their diplomatic missions to Jerusalem in violation of Security Council resolution 478 (1980) and their refusal to comply with the provisions of that resolution;

3. Calls once more upon those States to abide by the provisions of the relevant United Nations resolutions, in conformity with the Charter of the United Nations;
4. Requests the Secretary-General to report to the General Assembly at its fifty-seventh session on the implementation of the present resolution.

Adopted on 3 December 2001
By 130 votes to 2, with 10 abstentions

___________
1/ A/56/480.

56/32. 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 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, of 12 August 1949, 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 fifty-seventh session on the implementation of the present resolution.


Adopted on 3 December 2001
By 90 votes to 5, with 45 abstentions

___________

1/ A/56/480.
2/ United Nations, Treaty Series, vol. 75, No. 973.
3/ See Carnegie Endowment for International Paces, The Hague Conventions and Declarations of 1899 and 1907 (New York, Oxford University Press, 1915)




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



The General Assembly considered agenda item 41 of its fifty-sixth session entitled “Question of Palestine”, at three plenary meetings, held on 29 and 30 November and 3 December 2001. For the verbatim record of the plenary’s consideration of agenda item 41, see A/56/PV.69, A/56/PV.70 and A/56/PV.72.

Draft resolutions A/56/L.19, A/56/L.20, A/56/L.21 and A/56/L.22 were introduced by the Chairman of the Committee on the Exercise of the Inalienable Rights of the Palestinian People. The four draft resolutions were debated by the Assembly and adopted on 3 December 2001 as resolutions 56/33, 56/34, 56/35 and 56/36. The resolutions are reproduced below with the indication of the vote.


56/33. 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, 32/40 A of 2 December 1977, 33/28 A and B of 7 December 1978, 34/65 A of 29 November 1979 and 34/65 C of 12 December 1979, ES-7/2 of 29 July 1980, 35/169 A and C of 15 December 1980, 36/120 A and C of 10 December 1981, ES-7/4 of 28 April 1982, 37/86 A of 10 December 1982, 38/58 A of 13 December 1983, 39/49 A of 11 December 1984, 40/96 A of 12 December 1985, 41/43 A of 2 December 1986, 42/66 A of 2 December 1987, 43/175 A of 15 December 1988, 44/41 A of 6 December 1989, 45/67 A of 6 December 1990, 46/74 A of 11 December 1991, 47/64 A of 11 December 1992, 48/158 A of 20 December 1993, 49/62 A of 14 December 1994, 50/84 A of 15 December 1995, 51/23 of 4 December 1996, 52/49 of 9 December 1997, 53/39 of 2 December 1998, 54/39 of 1 December 1999 and 55/52 of 1 December 2000,

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

Recalling the signing of the Declaration of Principles on Interim Self-Government Arrangements, including its Annexes and

Agreed Minutes, by the Government of the State of Israel and the Palestine Liberation Organization, the representative of the Palestinian people, in Washington, D.C., on 13 September 1993, 2/ as well as the subsequent implementation agreements, in particular the Israeli-Palestinian Interim Agreement on the West Bank and the Gaza Strip, signed in Washington, D.C., on 28 September 1995, 3/

Reaffirming that the United Nations has a permanent responsibility with respect to 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;

2. Considers that the Committee can continue to make a valuable and positive contribution to international efforts to promote the Middle East peace process and the full implementation of the agreements reached and to mobilize international support for and assistance to the Palestinian people during the transitional period;

3. Endorses the conclusions and recommendations of the Committee contained in chapter VII of its report; 1/

4. 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 or the Security Council, as appropriate;

5. Authorizes the Committee to continue to exert all efforts to promote the exercise of the inalienable rights of the Palestinian people, to make such adjustments in its approved programme of work as it may consider appropriate and necessary in the light of developments, to give special emphasis to the need to mobilize support and assistance for the Palestinian people and to report thereon to the General Assembly at its fifty-seventh session and thereafter;

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

7. 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;

8. 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;

9. Also requests the Secretary-General to continue to provide the Committee with all the necessary facilities for the performance of its tasks.


Adopted on 3 December 2001
By 106 votes to 5, with 48 abstentions

_______

1/ Official Records of the General Assembly, Fifty-sixth Session, Supplement No. 35 (A/56/35).
2/ A/48/486-S/26560, annex.
3/ A/51/889-S/1997/357, annex.


56/34. 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 resolutions 32/40 B of 2 December 1977, 33/28 C of 7 December 1978, 34/65 D of 12 December 1979, 35/169 D of 15 December 1980, 36/120 B of 10 December 1981, 37/86 B of 10 December 1982, 38/58 B of 13 December 1983, 39/49 B of 11 December 1984, 40/96 B of 12 December 1985, 41/43 B of 2 December 1986, 42/66 B of 2 December 1987, 43/175 B of 15 December 1988, 44/41 B of 6 December 1989, 45/67 B of 6 December 1990, 46/74 B of 11 December 1991, 47/64 B of 11 December 1992, 48/158 B of 20 December 1993, 49/62 B of 14 December 1994, 50/84 B of 15 December 1995, 51/24 of 4 December 1996, 52/50 of 9 December 1997, 53/40 of 2 December 1998, 54/40 of 1 December 1999 and 55/53 of 1 December 2000,

1. Notes with appreciation the action taken by the Secretary-General in compliance with its resolution 55/53;

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

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

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

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

6. Notes with appreciation the action taken by Member States to observe annually on 29 November the International Day of Solidarity with the Palestinian People, requests them to continue to give the widest possible publicity to the observance, and requests the Committee and the Division to continue to organize, as part of the observance of the Day of Solidarity, an annual exhibit on Palestinian rights in cooperation with the Permanent Observer Mission of Palestine to the United Nations.

Adopted on 3 December 2001
By 107 votes to 5, with 47 abstentions


_______
1/ Official Records of the General Assembly, Fifty-sixth Session, Supplement No. 35 (A/56/35).


56/35. 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 55/54 of 1 December 2000,

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,

Aware of the Declaration of Principles on Interim Self-Government Arrangements signed by the Government of the State of Israel and the Palestine Liberation Organization in Washington, D.C., on 13 September 1993, 2/ and of the subsequent implementation agreements, in particular the Israeli-Palestinian Interim Agreement on the West Bank and the Gaza Strip signed in Washington, D.C., on 28 September 1995, 3 /

Recalling with satisfaction the important contribution made by the United Nations towards the promotion of the Bethlehem 2000 Project,

1. Notes with appreciation the action taken by the Department of Public Information of the Secretariat in compliance with resolution 55/54;

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 in general, including the achievements of the peace process, 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 2002–2003, in particular:

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

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

(c) To expand its collection of audiovisual 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 area, including the territory under the jurisdiction of the Palestinian Authority and the Occupied Territory;

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

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

Adopted on 3 December 2001
By 153 voted to 4, with 3 Abstentions

______________
1/ Official Records of the General Assembly, Fifty-sixth Session, Supplement No. 35 (A/56/35).
2/ A/48/486-S/26560, annex.
3/ A/51/889-S/1997/357, annex.


56/36. Peaceful settlement of the question of Palestine

The General Assembly,

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

Recalling also the relevant Security Council resolutions, including resolutions 242 (1967) of 22 November 1967 and 338 (1973) of 22 October 1973,

Aware that it has been more than fifty years since the adoption of resolution 181 (II) of 29 November 1947 and thirty-four years since the occupation of Palestinian territory, including Jerusalem, in 1967,

Having considered the report of the Secretary-General submitted pursuant to the request made in its resolution 55/55 of 1 December 2000, 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,

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

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

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

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

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, and the signing by the two parties of the Declaration of Principles on Interim Self-Government Arrangements in Washington, D.C., on 13 September 1993, 2/ as well as the subsequent implementation agreements, including the Israeli-Palestinian Interim Agreement on the West Bank and the Gaza Strip, signed in Washington, D.C., on 28 September 1995, 3/

Recalling also the withdrawal of the Israeli army, which took place in the Gaza Strip and the Jericho area in 1995 in accordance with the agreements reached by the parties, and the initiation of the Palestinian Authority in those areas, as well as the subsequent redeployments of the Israeli army in the rest of the West Bank,

Noting with satisfaction the successful holding of the first Palestinian general elections,

Noting the appointment by the Secretary-General 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 its positive contribution,

Welcoming the convening of the Conference to Support Middle East Peace in Washington, D.C., on 1 October 1993, as well as all follow-up meetings and the international mechanisms established to provide assistance to the Palestinian people, including the donor meetings held in Lisbon on 7 and 8 June 2000 and in Stockholm on 11 April 2001,

Expressing its deep concern over the tragic events in Occupied East Jerusalem and the Occupied Palestinian Territory since 28 September 2000, which have resulted in a high number of deaths and injuries, mostly among Palestinian civilians, and concerned also about the clashes between the Israeli armed forces and the Palestinian police and the casualties on both sides,

Expressing its deep concern also over the continued imposition of closures and restrictions by Israel on the Occupied Palestinian Territory, including Jerusalem, as well as the serious incursions into Palestinian-controlled areas and actions against Palestinian institutions,

Expressing its grave concern over the serious deterioration of the situation in the Occupied Palestinian Territory, including Jerusalem, and the difficulties facing the Middle East peace process,

Affirming the urgent need for the parties to implement the recommendations of the Sharm el-Sheikh Fact-Finding Committee (Mitchell Committee) and to resume negotiations towards a final peaceful settlement,

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;

2. Expresses its full support for the peace process, which began in Madrid, and the Declaration of Principles on Interim Self-Government Arrangements of 1993, as well as the subsequent implementation agreements, and expresses the hope that the process will be reinvigorated and will soon lead to the establishment of a comprehensive, just and lasting peace in the Middle East;

3. Stresses the necessity for commitment to the principle of land for peace and the implementation of Security Council resolutions 242 (1967) and 338 (1973), which form the basis of the Middle East peace process;

4. Calls upon the concerned parties, the co-sponsors of the peace process and other interested parties, as well as the entire international community to exert all the efforts and initiatives necessary to reverse immediately all measures taken on the ground since 28 September 2000, in implementation of the recommendations of the Sharm el-Sheikh Fact-Finding Committee (Mitchell Committee), and in order to ensure a successful and speedy resumption of negotiations and conclusion of the peace process;

5. Stresses the need for:

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

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

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

7. Urges Member States to expedite the provision of economic and technical assistance to the Palestinian people during this critical period;

8. Emphasizes the importance for the United Nations to play a more active and expanded role in the current peace process and in the implementation of the Declaration of Principles;

9. Requests the Secretary-General to continue his efforts with the parties concerned, and in consultation with the Security Council, for the promotion of peace in the region and to submit progress reports on developments in this matter.

Adopted on 3 December 2001
By 131 votes to 6 with 20 abstentions

____________
1/ A/56/642-S/2001/1100.
2/ A/48/486-S/26560, annex.
3/ A/51/889-S/1997/357, annex



XX. SECRETARY-GENERAL URGES ISRAELIS, PALESTINIANS TO LIVE UP TO EARLIER COMMITMENTS


The following statement was issued on 4 December 2001 by the Spokesman for Secretary-General Kofi Annan (SG/SM/8064).

The Secretary-General is increasingly concerned about the ongoing vicious cycle of violence and retaliation in the Middle East. He continues to believe that there can be no alternative to a peaceful settlement of the Israeli-Palestinian conflict.

The Secretary-General urges both sides to live up to their commitments to implement the Mitchell report and the Tenet understandings, and to avoid any action that could make the search for a way out of the present crisis more difficult.

XXI. THE CHAIRMAN OF THE COMMITTEE ON THE EXERCISE OF THE INALIENABLE RIGHTS
OF THE PALESTINIAN PEOPLE ADDRESSES A LETTER TO THE SECRETARY-GENERAL

The Chairman of the Committee on the Exercise of the Inalienable Rights of the Palestinian People on 4 December 2001 addressed a letter to the Secretary-General in connection with General Assembly Tenth Emergency Special Session agenda item 5, entitled “Illegal Israeli actions in Occupied East Jerusalem and the rest of the Occupied Palestinian Territory”. The full text of the letter is reproduced below (A/ES-10/12- S/2001/1147).

In my capacity as Chairman of the Committee on the Exercise of the Inalienable Rights of the Palestinian People, I would like to draw your attention, as a matter of extreme importance, to the dramatic worsening of the security situation in the past few days in the Occupied Palestinian Territory, including Jerusalem.

Last weekend, we were all shocked and dismayed over the deaths of innocent Israeli civilians. The Committee condemns such attacks on the civilian population, irrespective of their origin, and considers that they should not be allowed to be perpetuated.

At the same time, the Committee wishes to draw your most urgent attention to the continuing brutal and disproportionate suppression by the Israel Defense Forces of Palestinian protests against the Israeli occupation. Over decades, it has become

absolutely clear that the international community considers the occupation both illegal and morally unacceptable. This has once again been illustrated by the overwhelming majority of votes cast yesterday in favour of General Assembly resolution 56/36, entitled “Peaceful settlement of the question of Palestine”. It is also evident that a broad consensus has emerged with respect to the need for the exercise by the Palestinian people of their inalienable rights, primarily the right to self-determination and the right to establish their independent State.

The Committee remains gravely concerned over Israel’s continued reliance on its military might, recurrent incursions of the Israel Defense Forces into Palestinian-controlled areas, expansion of settlements and their infrastructure, demolition of Palestinian houses and other property, extrajudicial assassinations of Palestinian officials and activists, stifling economic blockades of the Palestinian territory, and the angry and frustrated response on the part of the Palestinian people. These policies and actions are bound to undo years of laborious and very complex peace efforts by the parties and the co-sponsors of the peace process.

To prevent this and the concomitant further escalation of violence and suffering for both peoples from happening, we call upon the parties to refrain from acts of mutual recrimination, violence and counter-violence, and return to the fold of the peace process. For that, both sides will have to implement fully and without delay the Mitchell Committee recommendations and the Tenet understandings. As the parties are likely to continue to experience confidence-related problems, as they have in the past, the assistance of the co-sponsors, the European Union and yourself remains as critical as ever.

Also, as the source of continual tension between the two sides lies in the illegal Israeli occupation, we support the idea of convening another meeting of the High Contracting Parties to the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949, in order to look into Israel’s compliance with the provisions of international humanitarian law and ways of protecting the Palestinian civilian population. It is also our firm belief that the Security Council, with its primary concern for the maintenance of international peace and security, as stipulated in the United Nations Charter, has a responsibility to engage itself in the matter with a view to preventing any further escalation of the situation and widening of the conflict.

I should be grateful if you would have the present letter circulated as a document of the tenth emergency special session of the General Assembly, under agenda item 5, and of the Security Council.

XXII. HIGH COMMISSIONER FOR HUMAN RIGHTS CALLS FOR AN INTERNATIONAL
MONITORING PRESENCE IN OCCUPIED TERRITORIES


Following is the statement which the United Nations High Commissioner for Human Rights, Mary Robinson, delivered to the Conference of High Contracting Parties to the Fourth Geneva Convention on 5 December 2001 in Geneva.

I wish to express my gratitude to the Government of Switzerland for inviting my Office to participate in this important meeting. I commend the Government of Switzerland, as the depositary of the Convention, for its efforts to achieve the widest possible consensus.

This Conference of High Contracting Parties, called for by United Nations General Assembly resolution ES-10/6, represents an important opportunity to advance the application of international humanitarian law. Apart from the General Assembly, the fifth Special Session of the Commission on Human Rights, and several mechanisms established by the Commission on Human Rights, including the Special Rapporteur on the situation of human rights in the Palestinian territories occupied since 1967 and the International Commission of Inquiry, had also called for the convening of such a Conference. Each of us knows that it is a difficult time, and that words matter and will be noted.

The Security Council, the General Assembly and the Commission on Human Rights have also repeatedly reaffirmed the de jure applicability to the occupied Palestinian territories of the 1949 Fourth Geneva Convention relative to the Protection of Civilians in Time of War.

Among the mandated responsibilities of the Office of the High Commissioner are: support for the United Nations human rights system, including the treaty monitoring bodies; the monitoring of human rights violations; and providing technical cooperation to assist Governments in implementing human rights. OHCHR discharges these aspects of its mandate in disputed and occupied territories, as well as in integral states. It should be noted in this context that all United Nations treaty-monitoring bodies that have considered this question have determined the applicability of the human rights covenants and conventions in the occupied Palestinian territories.

In the report of my visit to the region, in November 2000, I also indicated that the full application of the Fourth Geneva Convention is essential to guarantee respect for fundamental human rights.

Since my last visit to the region I have been following closely the developments in Israel and the occupied Palestinian territories. I can honestly say that not a day goes by without my following events in detail, and I do so with growing anxiety.

The serious deterioration of the situation has had a terrible cost in terms of human lives. Since the end of September 2000, over 830 Palestinians, including many children, have been killed and 16,500 injured. More than 230 Israelis have been killed over the same period, including in the horrific attacks in Jerusalem and Haifa only last weekend. Most of those killed and injured on both sides have been civilians. It is important to emphasize that neither the Israeli policy of targeted assassination of Palestinian civilians nor Palestinian attacks against Israeli civilians can be reconciled with provisions of international humanitarian law, including the Fourth Geneva Convention. Articles 27 and 32, in particular, seek to protect the lives of persons not taking a direct part in the hostilities. These practices also violate human rights norms that affirm the right to life and the prohibition on execution of civilians without trial and fair judicial process.

Collective punishments such as prolonged siege and closures of the territories, destruction of homes and agricultural land, have also led to increased poverty and a steady economic decline in the West Bank and in Gaza.

The consequences of collective punishments are manifold: Palestinian workers cannot reach their places of work in Israel, Palestinian producers are prevented from exporting their products, unemployment has increased, pupils and students are denied their right to education, and injured and sick people are deprived of their right to health-care. All of this has had grave effects on economic, social and cultural life in the Palestinian territories in general. It has adversely impacted an already weak Palestinian economy. There has been a dramatic loss of income for a large section of the population, and medical and humanitarian aid has been impeded.

These actions on the part of Israeli authorities cannot be reconciled with several articles of the Fourth Geneva Convention, nor with international human rights law, namely the International Covenant on Economic, Social and Cultural Rights.

Today there are more than 150 settlements in the West Bank and Gaza inhabited by approximately 380,000 settlers, of whom some 180,000 live in East Jerusalem. Although resolutions of the Security Council, the General Assembly and the Commission on Human Rights have stated that these settlements violate article 49 (6) of the Fourth Geneva Convention, the settlements have undergone considerable expansion since the start of the Oslo Peace Process in September 1993. Settlements have become a catalyst for violence. They are protected by the Israel Defense Forces and are exempt from the jurisdiction of the courts of the Palestinian Authority. Settlers have committed numerous acts of violence against Palestinians.

Palestinian hostility against settlers has also grown alarmingly and Palestinians have killed a number of settlers. Despite the fact that the settlers’ presence in the occupied Palestinian territories is illegal, those who are not taking part in military hostilities remain civilians. Such killings are also contrary to the norms of international law. The increase in violence directed at settlers has been linked to an alarming rise in the incidence of hate speech and incitement.

The protection of the victim should be the overriding concern of the United Nations and its agencies and programmes. However, the failure to resolve the fundamental problem of occupation - an occupation which has continued for over 34 years - combined with the failure by successive Israeli Governments to comply with the provisions of the Fourth Geneva Convention and international human rights standards, has left the population of the occupied Palestinian territories in a vulnerable situation, lacking protection and exposed to a wide range of violations.

Protection needs to be accorded to the people of the occupied territories in strict compliance with the Fourth Geneva Convention. My mandate obliges me to seek resolution of, and remedies for, human rights violations whenever and wherever they occur, and to prevent further violations if possible. I strongly believe that ensuring respect for the international human rights standards set out in the Universal Declaration of Human Rights and the Fourth Geneva Convention is crucial in order to prevent human suffering and in the search for comprehensive solutions for peace. Article 1 of the Convention places a duty on the High Contracting Parties "to respect and ensure respect of" the provisions of the Convention "in all circumstances". To meet this challenge, legal and diplomatic mechanisms are available under the United Nations Charter, in addition to those created by the Convention itself.

I would like to reiterate my call for the establishment of an international monitoring presence in the occupied Palestinian territories. I urge both Israelis and Palestinians to work towards ending the mutually destructive cycle of violence and to seek a return to negotiations, the aim of which should be to achieve peace through a just and durable solution, in conformity with fundamental standards of international human rights and humanitarian law.

XXIII. THE EUROPEAN UNION ISSUES A STATEMENT ON THE MIDDLE EAST
PEACE PROCESS


On 10 December 2001, the Presidency of the European Union on behalf of the European Union issued a statement concerning the Middle East peace process, which is reproduced below in full (S/2001/1189).

At a time when the situation in the Middle East is extremely serious, we cannot be inactive.

We are convinced that only determined and concerted action by the European Union, the United Nations, the United States and the Russian Federation can help the parties to break the cycle of violence and commit themselves once again to the search for peace. This requires:

• the reaffirmation and full recognition of Israel’s irrevocable right to live in peace and security within internationally recognized borders;

• the establishment of a viable and democratic Palestinian State and an end to the occupation of Palestinian territories.

As a first step, the following pledges must be given:

• by the Palestinian Authority: the dismantling of Hamas’s and Islamic Jihad’s terrorist networks, including the arrest and prosecution of all suspects; a public appeal in Arabic for an end to the armed intifada;

• by the Government of Israel: the withdrawal of its military forces and a stop to extrajudicial executions; the lifting of closures and of all restrictions imposed on the Palestinian people; a freeze on settlements.

On the basis of this European Union position and in the light of the discussions which we have had today in Brussels with Shimon Peres and Nabil Chaath, we have asked Javier Solana, Secretary-General/High Representative for the Common Foreign and Security Policy, to go to the region and report back to the European Council at Laeken.

The aim is to contribute, in concertation with the United Nations, the United States and the Russian Federation Common Foreign and Security Policy, to a speedy resumption of negotiations, without preliminaries.




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


At its 82nd plenary meeting convened on 10 December 2001, 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 and the report of the Special Political and Decolonization Committee (Fourth Committee) (A/56/550). The Assembly adopted five resolutions, the texts of which are reproduced below. For the verbatim record of the meeting, see A/56/PV.82. For the reports of the Special Committee to Investigate Israeli Practices see A/56/428 and A/56/491.


56/59 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 the principles of 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 Rights 2/ and the International Covenants on Human Rights, 3/

Recalling its relevant resolutions, including resolution 2443 (XXIII) of 19 December 1968, and relevant resolutions of the Commission on Human Rights,

Recalling also relevant resolutions of the Security Council,

Aware of the lasting impact of the uprising (intifada) of the Palestinian people,

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

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

Having considered the reports of the Special Committee to Investigate Israeli Practices Affecting the Human Rights of the Palestinian People and Other Arabs of the Occupied Territories 4/ and the relevant reports of the Secretary-General, 5/

Recalling the signing of the Declaration of Principles on Interim Self-Government Arrangements by the Government of Israel and the Palestine Liberation Organization in Washington, D.C., on 13 September 1993, 6/ as well as the subsequent implementation agreements, including the Israeli-Palestinian Interim Agreement on the West Bank and the Gaza Strip signed in Washington, D.C., on 28 September 1995, 7/

Expressing the hope that, with the progress of the peace process, the Israeli occupation will be brought to an end and therefore violation of the human rights of the Palestinian people will cease,

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. Demands that Israel cooperate with the Special Committee in implementing its mandate;

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

4. Expresses grave concern about the situation in the Occupied Palestinian Territory, including Jerusalem, as a result of Israeli practices and measures, and especially condemns the excessive use of force in the past year which has resulted in more than seven hundred Palestinian deaths and tens of thousands of injuries;

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

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

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

8. Requests the Secretary-General:

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

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

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

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

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

9. Decides to include in the provisional agenda of its fifty-seventh 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”.


____________
1/ United Nations, Treaty Series, vol. 75, No. 973.
2/ Resolution 217 A (III).
3/ Resolution 2200 A (XXI), annex.
4/ See A/56/428 and Add.1 and A/56/491.
5/ A/56/214–219.
6/ A/48/486-S/26560, annex.
7/ A/51/889-S/1997/357, annex.


56/60 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 Jerusalem, and other occupied Arab Territories

The General Assembly,

Bearing in mind the relevant resolutions of the Security Council,

Recalling its relevant resolutions,

Having considered the reports of the Special Committee to Investigate Israeli Practices Affecting the Human Rights of the Palestinian People and Other Arabs of the Occupied Territories 1/ and the relevant reports of the Secretary-General, 2/

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,

Noting the convening of the meeting of experts of the high contracting parties to the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949, 3/ at Geneva from 27 to 29 October 1998, at the initiative of the Government of Switzerland in its capacity as the depositary of the Convention, concerning general problems of application of the Convention in general and, in particular, in occupied territories,

Noting also the convening for the first time, on 15 July 1999, of a Conference of High Contracting Parties to the Fourth Geneva Convention, as recommended by the General Assembly in its resolution ES-10/6 of 9 February 1999, on measures to enforce the Convention in the Occupied Palestinian Territory, including Jerusalem, and to ensure respect thereof in accordance with article 1 common to the four Geneva Conventions,4 and aware of the statement adopted by the Conference,

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

1. Reaffirms that the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949, 4/ is applicable to the Occupied Palestinian Territory, including 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 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 States parties to the Convention, in accordance with article 1 common to the four Geneva Conventions,4 to exert all efforts in order to ensure respect for its provisions by Israel, the occupying Power, in the Occupied Palestinian Territory, including Jerusalem, and other Arab territories occupied by Israel since 1967;

4. Reiterates the need for speedy implementation of the recommendations contained in its resolutions ES-10/3 of 15 July 1997, ES-10/4 of 13 November 1997, ES-10/5 of 17 March 1998, ES-10/6 of 9 February 1999 and ES-10/7 of 20 October 2000 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 fifty-seventh session on the implementation of the present resolution.

82nd plenary meeting
10 December 2001
_____________
1/ See A/56/428 and Add.1 and A/56/491.
2/ A/56/215 and A/56/218.
3/ United Nations, Treaty Series, vol. 75, No. 973.
4/ Ibid., Nos. 970–973.


56/61 Israeli settlements in the Occupied Palestinian Territory, including 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 those adopted at its tenth emergency special session, as well as relevant Security Council resolutions, including resolutions 242 (1967) of 22 November 1967, 446 (1979) of 22 March 1979, 465 (1980) of 1 March 1980 and 497 (1981) of 17 December 1981,

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 Jerusalem, and to the occupied Syrian Golan,

Aware of the Middle East peace process started at Madrid and the agreements reached between the parties, in particular the Declaration of Principles on Interim Self-Government Arrangements of 13 September 1993, 2 and the subsequent implementation agreements,

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

Taking into consideration the detrimental impact of Israeli settlement policies, decisions and activities on the Middle East peace process,

Gravely concerned in particular about the dangerous situation resulting from actions taken by the illegal armed Israeli settlers in the occupied territory, as illustrated by the massacre of Palestinian worshippers by an illegal Israeli settler in Al-Khalil on 25 February 1994, and during the past year,

Taking note of the report of the Secretary-General, 3/

1. Reaffirms that Israeli settlements in the Palestinian territory, including 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 Jerusalem, and to the occupied Syrian Golan and to abide scrupulously by the provisions of the Convention, in particular article 49;

3. Demands complete cessation of the construction of the settlement in Jabal Abu-Ghneim and of all Israeli settlement activities in the Occupied Palestinian Territory, including Jerusalem, and in the occupied Syrian Golan;

4. Stresses the need for full implementation of Security Council resolution 904 (1994) of 18 March 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;

5. Reiterates its call for the prevention of illegal acts of violence by Israeli settlers, particularly in the light of recent developments;

6. Requests the Secretary-General to report to the General Assembly at its fifty-seventh session on the implementation of the present resolution.

82nd plenary meeting
10 December 2001

__________
1/ United Nations, Treaty Series, vol. 75, No. 973.
2/ A/48/486-S/26560, annex.
3/ A/56/216.


56/62 Israeli practices affecting the human rights of the Palestinian people in the Occupied Palestinian Territory, including Jerusalem

The General Assembly,

Recalling its relevant resolutions, including those adopted at its tenth emergency special session, and the resolutions of the Commission on Human Rights,

Bearing in mind the relevant resolutions of the Security Council, the most recent of which are resolutions 904 (1994) of 18 March 1994, 1073 (1996) of 28 September 1996 and 1322 (2000) of 7 October 2000,

Having considered the reports of the Special Committee to Investigate Israeli Practices Affecting the Human Rights of the Palestinian People and Other Arabs of the Occupied Territories 1/ and the reports of the Secretary-General, 2/

Taking note of the report of the Human Rights Inquiry Commission established by the Commission on Human Rights 3/ and the report of the Special Rapporteur on the situation of human rights in the Palestinian territories occupied by Israel since 1967, 4/

Aware of the responsibility of the international community to promote human rights and ensure respect for international law,

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, 5/ to the Occupied Palestinian Territory, including Jerusalem, and other Arab territories occupied by Israel since 1967,

Stressing the need for compliance with the Israeli-Palestinian agreements reached within the context of the Middle East peace process, as well as for the immediate and full implementation of the recommendations of the Sharm El-Sheikh Fact-Finding Committee (Mitchell report),

Noting that during the reporting period, the third agreed-upon phase of redeployment of the Israeli army has not been implemented, and that serious incursions into the areas under the full control of the Palestinian Authority have occurred,

Concerned about the continuing violation of the human rights of the Palestinian people by Israel, the occupying Power, including the use of collective punishment, closure of areas, annexation of land, establishment of settlements and the continuing actions by it designed to change the legal status, geographical nature and demographic composition of the Occupied Palestinian Territory, including Jerusalem,

Deeply concerned by the tragic events that have occurred since 28 September 2000 and that have led to numerous deaths and injuries, mostly among Palestinians, the severe restrictions on the movement of persons and goods, and the widespread destruction, including of agricultural land,

Convinced of the positive impact of a temporary international or foreign presence in the Occupied Palestinian Territory for the safety and protection of the Palestinian people,

Convinced also of the need for third-party monitoring to help the parties to implement the recommendations of the Sharm El-Sheikh Fact-Finding Committee,

Expressing its appreciation to the countries that participated in the Temporary International Presence in Hebron for their positive contribution,

Convinced of the need for the full implementation of Security Council resolutions 904 (1994), 1073 (1996) and 1322 (2000),

1. Determines that all measures and actions taken by Israel, the occupying Power, in the Occupied Palestinian Territory, including 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 1949,5 and contrary to the relevant resolutions of the Security Council, are illegal and have no validity;

2. Demands that the measures and actions taken in violation of the Fourth Geneva Convention of 19495 cease immediately, including the practice of extrajudicial killings;

3. Condemns acts of violence, especially the excessive use of force by Israeli forces against Palestinian civilians, resulting in extensive loss of life, vast numbers of injuries and massive destruction;

4. Demands that Israel, the occupying Power, cease all practices and actions which violate the human rights of the Palestinian people;

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

6. Calls for complete respect by Israel, the occupying Power, of all fundamental freedoms of the Palestinian people;

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

82nd plenary meeting
10 December 2001

____________
1/ See A/56/428 and Add.1 and A/56/491.
2/ A/56/214–219.
3/ E/CN.4/2001/121.
4/ E/CN.4/2001/30.
5/ United Nations, Treaty Series, vol. 75, No. 973.


56/63. The occupied Syrian Golan

The General Assembly,

Having considered the reports 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 last of which was resolution 55/134 of 8 December 2000,

Having considered the report of the Secretary-General submitted in pursuance of resolution 55/134, 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 in 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 taking 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 fifty-seventh session on the implementation of the present resolution.

82nd plenary meeting
10 December 2001


___________
1/ See A/56/428 and Add.1 and A/56/491.
2/ A/56/219.
3/ United Nations, Treaty Series, vol. 75, No. 973



XXV. GENERAL ASSEMBLY ADOPTS SEVEN RESOLUTIONS ON UNRWA


At its 82nd plenary meeting, convened on 10 December 2001, the General Assembly considered and adopted, under agenda item 87 of its fifty-sixth session, seven resolutions recommended by the Special Political and Decolonization Committee (Fourth Committee) (A/56/549). The resolutions adopted are reproduced below. For the verbatim record of the meeting, see A/56/PV.82. For the annual report of the Commissioner-General of UNRWA for the period from 1 July 2000 to 30 June 2001, see A/56/13.


56/52. Assistance to Palestine refugees

The General Assembly,

Recalling its resolution 55/123 of 8 December 2000 and all its previous resolutions on the question, including resolution 194 (III) of 11 December 1948,

Taking note of the report of the Commissioner-General of the United Nations Relief and Works Agency for Palestine Refugees in the Near East covering the period from 1 July 2000 to 30 June 2001, 1/

Stressing the importance of the Middle East peace process,

Welcoming the signature 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 people of Palestine, of the Declaration of Principles on Interim Self-Government Arrangements 2/ and the subsequent implementation agreements,

Aware that the Multilateral Working Group on Refugees of the Middle East peace process has an important role to play in the peace process,

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

2. Also notes with regret that the United Nations Conciliation Commission for Palestine has been unable to find a means of achieving progress in the implementation of paragraph 11 of General Assembly resolution 194 (III), and requests the 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 2002;

3. Expresses its thanks to the Commissioner-General and to all the staff of the United Nations Relief and Works Agency for Palestine Refugees in the Near East, recognizing that the Agency is doing all it can within the limits of available resources, and also expresses its thanks to the specialized agencies and to private organizations for their valuable work in assisting refugees;

4. Notes the significant success of the Peace Implementation Programme of the Agency since the signing of the Declaration of Principles on Interim Self-Government

Arrangements, 2/ and stresses the importance that contributions to this Programme not be at the expense of the General Fund;

5. Welcomes the increased cooperation between the Agency and international and regional organizations, States and relevant agencies and non-governmental organizations, which is essential to enhancing the contributions of the Agency towards improved conditions for the refugees and thereby the social stability of the occupied territory;

6. Urges all Member States to extend and expedite aid and assistance with a view to the economic and social development of the Palestinian people and the occupied territory;

7. Reiterates its deep concern regarding the persisting critical financial situation of the Agency, as outlined in the report of the Commissioner-General;1/

8. Commends the efforts of the Commissioner-General to move towards budgetary transparency and internal efficiency, and welcomes in this respect the unified budget for the biennium 2002–2003; 3/

9. Welcomes the consultative process between the Agency, host Governments, the Palestinian Authority and donors on management reforms;

10. Notes with profound concern that the continuing shortfall in the finances of the Agency, in particular at this time of acute crisis, has a significant negative influence on the living conditions of the Palestine refugees most in need and that it therefore has possible consequences for the peace process;

11. Expresses deep concern about the continuing problem of restrictions on the freedom of movement of Agency staff, vehicles and goods in the occupied territory, which has an adverse impact on the operational effectiveness of the Agency’s programmes;

12. Calls upon all donors, as a matter of urgency, to make the most generous efforts possible to meet the anticipated needs of the Agency, including the remaining costs of moving the headquarters to Gaza, encourages contributing Governments to contribute regularly and to consider increasing their regular contributions, and urges non-contributing Governments to contribute;

13. Decides to extend the mandate of the Agency until 30 June 2005, without prejudice to the provisions of paragraph 11 of its resolution 194 (III).

82nd plenary meeting
10 December 2001

_________
1/ Official Records of the General Assembly, Fifty-sixth Session, Supplement No. 13 and addendum (A/56/13 and Add.1).
2/ A/48/486-S/26560, annex.
3/ Official Records of the General Assembly, Fifty-sixth Session, Supplement No. 13, addendum (A/56/13/Add.1).



56/53 Working Group on the Financing of the United Nations Relief and Work Agency for Palestine Refugees in the Near East

The General Assembly,

Recalling its resolutions 2656 (XXV) of 7 December 1970, 2728 (XXV) of 15 December 1970, 2791 (XXVI) of 6 December 1971, 55/124 of 8 December 2000 and the previous resolutions on this question,

Recalling also its decision 36/462 of 16 March 1982, by which it took note of the special report of the Working Group on the Financing of the United Nations Relief and Works Agency for Palestine Refugees in the Near East 1/

Having considered the report of the Working Group, 2/

Taking into account the report of the Commissioner-General of the United Nations Relief and Works Agency for Palestine Refugees in the Near East covering the period from 1 July 2000 to 30 June 2001, 3/

Deeply concerned about the continuing financial situation of the Agency, which has affected and affects the continuation of the provision of necessary Agency services to Palestine refugees, including the emergency-related and humanitarian programmes,

Emphasizing the continuing need for extraordinary efforts in order to maintain, at least at the current level, the activities of the Agency, as well as to enable the Agency to carry out essential construction,

1. Commends the Working Group on the Financing of the United Nations Relief and Works Agency for Palestine Refugees in the Near East for its efforts to assist in ensuring the financial security of the Agency;

2. Takes note with approval of the report of the Working Group;2 /

3. Requests the Working Group to continue its efforts, in cooperation with the Secretary-General and the Commissioner-General, to find a solution to the financial situation of the Agency;

4. Welcomes the new, unified budget structure for the biennium 2002–2003, 4/ which can contribute significantly to improved budgetary transparency of the Agency;

5. Requests the Secretary-General to provide the necessary services and assistance to the Working Group for the conduct of its work.

82nd plenary meeting
10 December 2001

_____________
1/ A/36/866 and Corr.1; see also A/37/591.
2/ A/56/430.
3/ Official Records of the General Assembly, Fifty-sixth Session, Supplement No. 13 and addendum (A/56/13 and Add.1).
4/ Ibid., Supplement No. 13, addendum (A/56/13/Add.1).


56/54. 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 55/125 of 8 December 2000, 1/

Taking note also of the report of the Commissioner-General of the United Nations Relief and Works Agency for Palestine Refugees in the Near East covering the period from 1 July 2000 to 30 June 2001,

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, signed in Washington, D.C., on 13 September 1993 by the Government of the State of Israel and the Palestine Liberation Organization,3 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 Arrangements3 on the return of displaced persons has not been effected, and expresses the hope 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 fifty-seventh session on the progress made with regard to the implementation of the present resolution.

82nd plenary meeting
10 December 2001
_____________
1/ A/56/382.



56/55 Offers by Member States of grants and scholarships for higher education, including vocational training, for Palestine refugees

The General Assembly,

Recalling its resolution 212 (III) of 19 November 1948 on assistance to Palestine refugees,

Recalling also its resolutions 35/13 B of 3 November 1980, 36/146 H of 16 December 1981, 37/120 D of 16 December 1982, 38/83 D of 15 December 1983, 39/99 D of 14 December 1984, 40/165 D of 16 December 1985, 41/69 D of 3 December 1986, 42/69 D of 2 December 1987, 43/57 D of 6 December 1988, 44/47 D of 8 December 1989, 45/73 D of 11 December 1990, 46/46 D of 9 December 1991, 47/69 D of 14 December 1992, 48/40 D of 10 December 1993, 49/35 D of 9 December 1994, 50/28 D of 6 December 1995, 51/127 of 13 December 1996, 52/60 of 10 December 1997, 53/49 of 3 December 1998, 54/72 of 6 December 1999 and 55/126 of 8 December 2000,

Cognizant of the fact that the Palestine refugees have, for the last five decades, lost their homes, lands and means of livelihood,

Having considered the report of the Secretary-General, 1/

Having also considered the report of the Commissioner-General of the United Nations Relief and Works Agency for Palestine Refugees in the Near East covering the period from 1 July 2000 to 30 June 2001, 2/

1. Urges all States to respond to the appeal made in its resolution 32/90 F of 13 December 1977 and reiterated in subsequent relevant resolutions in a manner commensurate with the needs of Palestine refugees for higher education, including vocational training;

2. Strongly appeals to all States, specialized agencies and non-governmental organizations to augment the special allocations for grants and scholarships to Palestine refugees, in addition to their contributions to the regular budget of the United Nations Relief and Works Agency for Palestine Refugees in the Near East;

3. Expresses its appreciation to all Governments, specialized agencies and non-governmental organizations that responded favourably to its resolutions on this question;

4. Invites the relevant specialized agencies and other organizations of the United Nations system to continue, within their respective spheres of competence, to extend assistance for higher education to Palestine refugee students;

5. Appeals to all States, specialized agencies and the United Nations University to contribute generously to the Palestinian universities in the Palestinian territory occupied by Israel since 1967, including, in due course, the proposed University of Jerusalem “Al-Quds” for Palestine refugees;

6. Appeals to all States, specialized agencies and other international bodies to contribute towards the establishment of vocational training centres for Palestine refugees;

7. Requests the Agency to act as the recipient and trustee for the special allocations for grants and scholarships and to award them to qualified Palestine refugee candidates;

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

82nd plenary meeting
10 December 2001

__________
1/ A/56/375.
2/ Official Records of the General Assembly, Fifty-sixth Session, Supplement No. 13 and addendum (A/56/13 and Add.1).


56/56 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,

Recalling also the relevant Security Council resolutions,

Having considered the report of the Commissioner-General of the United Nations Relief and Works Agency for Palestine Refugees in the Near East covering the period from 1 July 2000 to 30 June 2001, 1/

Taking note of the letter dated 25 September 2001 from the Chairman 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/ contained in the report of the Commissioner-General,

Having considered the reports of the Secretary-General submitted in pursuance of its resolutions 48/40 E, 3/ 48/40 H 4/ and 48/40 J 5/ of 10 December 1993 and 49/35 C 6/ of 9 December 1994,

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, 7/

Affirming the applicability of the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949, 8/ to the Palestinian territory occupied since 1967, including Jerusalem,

Aware of the fact that Palestine refugees have, for over five decades, lost their homes, lands and means of livelihood,

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

Further aware 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 increased suffering of the Palestine refugees, including loss of life and injury, during the recent tragic events in the Occupied Palestinian Territory, including Jerusalem,

Gravely concerned also about the policies of closure and severe restrictions on the movement of persons and goods throughout the Occupied Palestinian Territory, including Jerusalem, which have had a grave impact on the socio-economic situation of the Palestine refugees,

Deeply concerned about the negative impact of these closures and restrictions on the staff and services of the Agency,

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

Aware of the work of the Peace Implementation Programme of the Agency,

Recalling the signing in Washington, D.C., on 13 September 1993 of the Declaration of Principles on Interim Self-Government Arrangements by the Government of the State of Israel and the Palestine Liberation Organization 9/ and the subsequent implementation agreements,

Taking note of the agreement reached on 24 June 1994, embodied in an exchange of letters between the Agency and the Palestine Liberation Organization, 10/

Aware of the establishment of a working relationship between the Advisory Commission of the Agency and the Palestine Liberation Organization in accordance with General Assembly decision 48/417 of 10 December 1993,

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 the staff of the Agency, for their tireless efforts and valuable work, including and particularly during the difficult situation of 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, including the full implementation of decision 48/417;

3. Takes note of the functioning of the headquarters of the Agency in Gaza City on the basis of the Headquarters Agreement between the Agency and the Palestinian Authority;

4. Acknowledges the support of the host Government and the Palestine Liberation Organization for the Agency in the discharge of its duties;

5. Calls upon Israel, the occupying Power, 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 8/ and to abide scrupulously by its provisions;

6. 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 Nations 7/ with regard to the safety of the personnel of the Agency, the protection of its institutions and the safeguarding of the security of the facilities of the Agency in the Occupied Palestinian Territory, including Jerusalem;

7. Calls once again upon the Government of Israel to compensate the Agency for damage to its property and facilities resulting from actions by the Israeli side;

8. Calls upon Israel particularly to cease obstructing the movement of the personnel, vehicles and supplies of the Agency, which has a detrimental impact on the Agency’s operations;

9. Also calls upon Israel to cease its policies of closure and of placing restrictions on the movement of persons and goods, which have had a grave impact on the socio-economic situation of the Palestinian population, in particular the Palestine refugees;

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

11. Notes that the context created by the signing of the Declaration of Principles on Interim Self-Government Arrangements by the Government of the State of Israel and the Palestine Liberation Organization9 and subsequent implementation agreements has had major consequences for the activities of the Agency, which is henceforth called upon, in close cooperation with 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, the specialized agencies and the World Bank, to continue to contribute towards the development of economic and social stability in the occupied territory;

12. Notes also that the functioning of the Agency remains essential in all fields of operation;

13. Notes further the significant success of the Peace Implementation Programme of the Agency, as well as the microfinance and enterprise programmes;

14. Expresses concern about those remaining austerity measures due to the financial crisis, which have affected the quality and level of some of the services of the Agency;

15. Reiterates its request to the Commissioner-General to proceed with the modernization of the archives of the Agency;

16. Urges all States, specialized agencies and non-governmental organizations to continue and to increase their contributions to the Agency so as to ease the current financial constraints and to support the Agency in maintaining the provision of the most basic and effective assistance to the Palestine refugees.

82nd plenary meeting
10 December 2001

__________
1/ Official Records of the General Assembly, Fifty-sixth Session, Supplement No. 13 and addendum (A/56/13 and Add.1).
2/ Ibid., p. viii.
3/ A/49/440.
4/ A/49/442.
5/ A/49/443.
6/ A/50/451.
7/ Resolution 22 A (I).
8/ United Nations, Treaty Series, vol. 75, No. 973.
9/ A/48/486-S/26560, annex.
10/ Official Records of the General Assembly, Forty-ninth Session, Supplement No. 13 (A/49/13), annex I.



56/57. Palestine refugees’ properties and their revenues

The General Assembly,

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

Taking note of the report of the Secretary-General submitted in pursuance of resolution 55/128 of 8 December 2000, 1/

Taking note also of the report of the United Nations Conciliation Commission for Palestine for the period from 1 September 2000 to 31 August 2001, 2/

Recalling that the Universal Declaration of Human Rights 3/ 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 Arab refugees,

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

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 Arab refugees are entitled to their property and to the income derived therefrom, in conformity with the principles of justice and equity;

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. Expresses its appreciation for the work done to preserve and modernize the existing records of the Conciliation Commission;

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

5. 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;

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

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

82nd plenary meeting
10 December 2001

___________
1/ A/56/420.
2/ A/56/290, annex.
3/ Resolution 217 A (III).
4/ Official Records of the General Assembly, Nineteenth Session, Annexes, Annex No. 11, document A/5700.



56/58. University of Jerusalem “Al-Quds” for Palestine refugees

The General Assembly,

Recalling its resolutions 36/146 G of 16 December 1981, 37/120 C of 16 December 1982, 38/83 K of 15 December 1983, 39/99 K of 14 December 1984, 40/165 D and K of 16 December 1985, 41/69 K of 3 December 1986, 42/69 K of 2 December 1987, 43/57 J of 6 December 1988, 44/47 J of 8 December 1989, 45/73 J of 11 December 1990, 46/46 J of 9 December 1991, 47/69 J of 14 December 1992, 48/40 I of 10 December 1993, 49/35 G of 9 December 1994, 50/28 G of 6 December 1995, 51/130 of 13 December 1996, 52/63 of 10 December 1997, 53/52 of 3 December 1998, 54/75 of 6 December 1999 and 55/129 of 8 December 2000,

Having considered the report of the Secretary-General, 1/

Having also considered the report of the Commissioner-General of the United Nations Relief and Works Agency for Palestine Refugees in the Near East covering the period from 1 July 2000 to 30 June 2001, 2/

1. Emphasizes the need for strengthening the educational system in the Palestinian territory occupied by Israel since 5 June 1967, including Jerusalem, and specifically the need for the establishment of the proposed university;

2. Requests the Secretary-General to continue to take all necessary measures for establishing the University of Jerusalem “Al-Quds”, in accordance with General Assembly resolution 35/13 B of 3 November 1980, giving due consideration to the recommendations consistent with the provisions of that resolution;

3. Calls once again upon Israel, the occupying Power, to cooperate in the implementation of the present resolution and to remove the hindrances that it has put in the way of establishing the University of Jerusalem “Al-Quds”;

4. Requests the Secretary-General to report to the General Assembly at its fifty-seventh session on the progress made in the implementation of the present resolution.

82nd plenary meeting
10 December 2001

_______
1/ A/56/421.
2/ Official Records of the General Assembly, Fifty-sixth Session, Supplement No. 13 and addendum (A/56/13 and Add.1).



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


On 14 December 2001, at the 87th plenary meeting of its fifty-sixth session, the General Assembly considered agenda item 20 (e) on assistance to the Palestinian people and adopted resolution 56/111 under the same title. The text of the resolution is reproduced below. For the verbatim record of the meeting, see A/56/PV.87. For the Secretary-General’s report on assistance to the Palestinian people, see A/56/123-E/2001/97.


56/111. Assistance to the Palestinian people

The General Assembly,

Recalling its resolution 55/173 of 14 December 2000,

Recalling also previous resolutions on the question,

Welcoming the signing of the Declaration of Principles on Interim Self-Government Arrangements in Washington, D.C., on 13 September 1993, between the Government of the State of Israel and the Palestine Liberation Organization, the representative of the Palestinian people, 1/ as well as the signing of the subsequent implementation agreements, including the Israeli-Palestinian Interim Agreement on the West Bank and the Gaza Strip, in Washington, D.C., on 28 September 1995, 2/ and the signing of the Sharm el-Sheikh Memorandum on 4 September 1999,

Gravely concerned at the difficult economic and employment conditions facing the Palestinian people throughout the occupied territory,

Conscious of the urgent need for improvement in the economic and social infrastructure of the occupied territory and the living conditions of the Palestinian people,

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

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

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

Noting the convening of the United Nations seminar on assistance to the Palestinian people, held in Vienna on 20 and 21 February 2001, to review the state of the Palestinian economy, 3/

Stressing the need for the full engagement of the United Nations in the process of building Palestinian institutions and in providing broad assistance to the Palestinian people, including assistance in the fields of elections, police training and public administration,

Noting the appointment by the Secretary-General 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,

Welcoming the results of the Conference to Support Middle East Peace, convened in Washington, D.C., on 1 October 1993, and the establishment of the Ad Hoc Liaison Committee and the work being done by the World Bank as its secretariat, as well as the establishment of the Consultative Group,

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

Welcoming further the results of the Ministerial Conference to Support Middle East Peace and Development, held in Washington, D.C., on 30 November 1998, and expressing appreciation for the pledges of the international donor community,

Welcoming the meeting of the Consultative Group in Frankfurt, Germany, on 4 and 5 February 1999, in particular the pledges of the international donor community and the presentation of the Palestinian Development Plan for the years 1999-2003,

Welcoming also the meeting of the Ad Hoc Liaison Committee held in Lisbon on 7 and 8 June 2000,

Having considered the report of the Secretary-General, 4/

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

1. Takes note of the report of the Secretary-General;4

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

3. 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;

4. 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;

5. 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;

6. Calls upon relevant organizations and agencies of the United Nations system to intensify their assistance in response to the urgent needs of the Palestinian people in accordance with Palestinian priorities set forth by the Palestinian Authority, with emphasis on national execution and capacity-building;

7. 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;

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

9. 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;

10. 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;

11. 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,2 in particular with regard to the full and prompt clearance of Palestinian indirect tax revenues;

12. Suggests the convening in 2002 of a United Nations-sponsored seminar on assistance to the Palestinian people;

13. Requests the Secretary-General to submit a report to the General Assembly at its fifty-seventh 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;

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

87th plenary meeting
14 December 2001

___________
1/ A/48/486-S/26560, annex.
2/ A/51/889-S/1997/357, annex.
3/ See A/56/89-E/2001/89, annex.
4/ A/56/123-E/2001/97 and Corr.1



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


On 19 December 2001, the General Assembly considered the draft resolution contained in the report of the Third Committee (A/56/582) and adopted it as resolution 56/142 on the right of the Palestinian people to self-determination, by a vote of 161 to 3 with 1 abstention. The text of the resolution is reproduced below. For the verbatim record of the Assembly’s consideration, see A/56/PV.88.

56/142. 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 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 Peoples 3/ and the Vienna Declaration and Programme of Action adopted at the World Conference on Human Rights on 25 June 1993, 4/

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

Recalling further the United Nations Millennium Declaration, 6/

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

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;

2. Expresses the hope that the Palestinian people will soon be exercising their right to self-determination, which is not subject to any veto, in the current peace process;

3. Urges all States and the specialized agencies and the organizations of the United Nations system to continue to support and assist the Palestinian people in their quest for self-determination.

88th plenary meeting
19 December 2002
______________
1/ Resolution 2200 A (XXI), annex.
2/ Resolution 217 A (III).
3/ Resolution 1514 (XV).
4/ A/CONF.157/24 (Part I), chap. III.
5/ See resolution 50/6.
6/ See resolution 55/2.



XXVIII. TENTH EMERGENCY SPECIAL SESSION OF THE GENERAL ASSEMBLY RESUMES,
TWO RESOLUTIONS ADOPTED


At the request of the Group of Arab States (see A/ES-10/130), as well as the Movement of Non-Aligned Countries (see A/ES-10/131), the General Assembly, on 20 December 2001, 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, by a vote of 124 to 6, with 25 abstentions, the General Assembly adopted resolution ES-10/8. Also on the same day, by a vote of 133 votes to 4, with 16 abstentions, the General Assembly adopted resolution ES-10/9. The texts of both resolutions are reproduced below. For the verbatim record of the meeting, see A/ES-10/PV.15.

ES-10/8 Illegal Israeli actions in Occupied East Jerusalem and the rest of the Occupied Palestinian Territory

The General Assembly,

Recalling its relevant resolutions,

Recalling also relevant Security Council resolutions, including resolution 1322 (2000) of 7 October 2000,

Emphasizing the need for a just, lasting and comprehensive peace in the Middle East based on Security Council resolutions 242 (1967) of 22 November 1967 and 338 (1973) of 22 October 1973 and the principle of land for peace,

Emphasizing also in that regard the essential role of the Palestinian Authority, which remains the indispensable and legitimate party for peace and needs to be preserved fully,

Expressing its grave concern at the continuation of the tragic and violent events that have taken place since September 2000,

Expressing also its grave concern at the recent dangerous deterioration of the situation and its possible impact on the region,

Emphasizing further the importance of the safety and well-being of all civilians in the whole Middle East region, and condemning in particular all acts of violence and terror resulting in the deaths and injuries among Palestinian and Israeli civilians,

Expressing its determination to contribute to ending the violence and to promoting dialogue between the Israeli and Palestinian sides,

Reiterating the need for the two sides to comply with their obligations under the existing agreements,

Also reiterating the need for Israel, the occupying Power, to abide scrupulously by its legal obligations and responsibilities under the Fourth Geneva Convention relative to the Protection of Civilian Persons in Time of War of 12 August 1949, 1/

1. Demands the immediate cessation of all acts of violence, provocation and destruction, as well as the return to the positions and arrangements that existed prior to September 2000;

2. Condemns all acts of terror, in particular those targeting civilians;

3. Also condemns all acts of extrajudiciary executions, excessive use of force and wide destruction of properties;

4. Calls upon the two sides to start the comprehensive and immediate implementation of the recommendations made in the report of the Sharm el-Sheikh Fact-Finding Committee (Mitchell report) in a speedy manner;

5. Encourages all concerned to establish a monitoring mechanism to help the parties implement the recommendations of the report of the Fact-Finding Committee and to help to create a better situation in the Occupied Palestinian Territory;

6. Calls for the resumption of negotiations between the two sides within the Middle East peace process on its agreed basis, taking into consideration developments in previous discussions between the two sides, and urges them to reach a final agreement on all issues, on the basis of their previous agreements, with the objective of implementing Security Council resolutions 242 (1967) and 338 (1973);

7. Decides to remain seized of the matter.

15th plenary meeting
20 December 2001
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1/ United Nations, Treaty Series, vol. 75, No. 973.


ES-10/9 Illegal Israeli actions in Occupied East Jerusalem and the rest of the Occupied Palestinian Territory

The General Assembly,

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

Recalling also relevant Security Council resolutions, including resolutions 237 (1967) of 14 June 1967, 242 (1967) of 22 November 1967, 259 (1968) of 27 September 1968, 271 (1969) of 15 September 1969, 338 (1973) of 22 October 1973, 446 (1979) of 22 March 1979, 452 (1979) of 20 July 1979, 465 (1980) of 1 March 1980, 468 (1980) of 8 May 1980, 469 (1980) of 20 May 1980, 471 (1980) of 5 June 1980, 476 (1980) of 30 June 1980, 478 (1980) of 20 August 1980, 484 (1980) of 19 December 1980, 592 (1986) of 8 December 1986, 605 (1987) of 22 December 1987, 607 (1988) of 5 January 1988, 608 (1988) of 14 January 1988, 636 (1989) of 6 July 1989, 641 (1989) of 30 August 1989, 672 (1990) of 12 October 1990, 673 (1990) of 24 October 1990, 681 (1990) of 20 December 1990, 694 (1991) of 24 May 1991, 726 (1992) of 6 January 1992, 799 (1992) of 18 December 1992, 904 (1994) of 18 March 1994 and 1322 (2000) of 7 October 2000,

Taking note with appreciation of the convening of the Conference of High Contracting Parties to the Fourth Geneva Convention, on 15 July 1999, as recommended by the General Assembly in its resolution ES-10/6 of 9 February 1999, and the statement adopted by the Conference,

Taking note with appreciation also of the reconvening of the above-mentioned Conference, on 5 December 2001, and the important declaration adopted by the Conference,

Recalling relevant provisions of the Rome Statute of the International Criminal Court, 1/

Reaffirming the position of the international community on Israeli settlements in the Occupied Palestinian Territory, including East Jerusalem, as illegal and as an obstacle to peace,

Expressing its concern at Israeli actions taken recently against the Orient House and other Palestinian institutions in Occupied East Jerusalem as well as other illegal Israeli actions aimed at altering the status of the city and its demographic composition,

Reiterating the applicability of the Fourth Geneva Convention relative to the Protection of Civilian Persons in Time of War of 12 August 1949 2/ to the Occupied Palestinian Territory, including East Jerusalem,

Stressing that the Fourth Geneva Convention, which takes fully into account imperative military necessity, has to be respected in all circumstances,

Bearing in mind the relevant provisions of the Charter of the United Nations, including Article 96 thereof,

1. Expresses its full support for the declaration adopted by the Conference of High Contracting Parties to the Fourth Geneva Convention, convened on 5 December 2001 at Geneva;

2. Calls upon all members and observers of the United Nations as well as the Organization and its agencies to observe the above-mentioned declaration;

3. 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 its meeting upon request from Member States.

15th plenary meeting
20 December 2001
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1/ A/CONF.183/9.
2/ United Nations, Treaty Series, vol. 75, No. 973.


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


On 21 December 2001, at the 90th report of the plenary meeting of its fifty-sixth session, the General Assembly considered agenda item 101 based on the Second Committee (A/56/564) and adopted resolution 56/204, by a vote of 148 to 4, with 4 abstentions. The text of the resolution is reproduced below. For the verbatim record of the meeting, see A/56/PV.90.


56/204 Permanent sovereignty of the Palestinian people in the Occupied Palestinian Territory, including Jerusalem, and of the Arab population in the occupied Syrian Golan over their natural resources

The General Assembly,

Recalling its resolution 55/209 of 20 December 2000, and taking note of Economic and Social Council resolution 2001/19 of 25 July 2001,

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,

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 Jerusalem, and other Arab territories occupied by Israel since 1967,

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

Aware of the additional detrimental economic and social impact of the Israeli settlements on Palestinian and other Arab natural resources, especially the confiscation of land and the forced diversion of water resources,

Reaffirming the need for an immediate resumption of negotiations within the Middle East peace process, 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 principle of land for peace, and for the achievement of a final settlement on all tracks,

1. Takes note of the note by the Secretary-General on the economic and social repercussions of the Israeli occupation on the living conditions of the Palestinian people in the Occupied Palestinian Territory, including Jerusalem, and of the Arab population in the occupied Syrian Golan; 2/

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

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

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

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

90th plenary meeting
21 December 2001

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1/ United Nations, Treaty Series, vol. 75, No. 973.
2/ A/56/90-E/2001/17.


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