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Situation au Moyen-Orient/Territoires palestiniens occupés/Jérusalem/Réfugiés/Recherche d'accord de paix - Rapport du Secrétaire général en application de la résolution A/RES/34/70

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UNITED
NATIONS
A S

        General Assembly
        Security Council
Distr.
GENERAL
A/35/563
S/14234

24 October 1980

ORIGINAL: ENGLISH

GENERAL ASSEMBLY
Thirty-fifth session
Agenda item 26
THE SITUATION IN THE MIDDLE EAST
SECURITY COUNCIL
Thirty-fifth year


Report of the Secretary-General


CONTENTS

Paragraphs
Page
I.

II.

III.

IV.

V.

VI.
INTRODUCTION

STATUS OF THE CEASE-FIRE

SITUATION IN THE OCCUPIED TERRITORIES

PALESTINE REFUGEE PROBLEM

PALESTINIAN RIGHTS

SEARCH FOR A PEACEFUL SETTLEMENT
1 - 3

4 - 14

15 - 28

29 - 35

36 - 41

42 - 48
2

2

5

11

13

15



I. INTRODUCTION

1. The present report is submitted in pursuance of General Assembly resolution 34/70 of 6 December 1979. In that resolution, which is summarized in paragraph 43 below, the General Assembly requested the Secretary-General to report to the Security Council periodically on the development of the situation in the Middle East and to submit to the General Assembly at its thirty-fifth session a report covering, in all their aspects, the developments in the Middle East.

2. It may be recalled that, on 24 October 1979, the Secretary-General submitted a report on the same subject to the General Assembly and the Security Council (A/34/584-S/13578), in pursuance of General Assembly resolution 33/29 of 7 December 1978. In that report, the Secretary-General gave an account of the efforts undertaken by the United Nations to deal with various aspects of the situation in the Middle East, namely, the status of the cease-fire, the situation in the occupied territories, the Palestine refugee problem, Palestinian rights and the search for a peaceful settlement. A similar pattern is followed in the present report.

3. The present report is based mainly on information available in United Nations documents. In order to avoid duplication, reference will be made to reports of the Secretary-General and other official United Nations documents concerning the Middle East, whenever appropriate.

II. STATUS OF THE CEASE-FIRE

4. The status of the cease-fire in the Middle East up to October 1979 was described in the report of the Secretary-General of 24 October 1979 (paras. 4-19). At that time, there were three United Nations peace-keeping operations in the area: an observer mission, the United Nations Truce Supervision Organization (UNTSO), and two peace-keeping forces, the United Nations Disengagement Observer Force (UNDOF), and the United Nations Interim Force in Lebanon (UNIFIL).

A. Activities of UNDOF

5. UNDOF, established by Security Council resolution 350 (1974) of 31 May 1974, is deployed on the Golan Heights in the Israel-Syria sector. Its activities since October 1979 are outlined in the two most recent periodic reports of the Secretary-General to the Security Council on the subject (S/13637 and S/13957). The mandate of the Force has been extended twice during the period under review by the Security Council. The last extension of UNDOF, as decided by the Security Council in its resolution 470 (1980) of 30 May 1980, was for a further period of six months, until 30 November 1980.

6. The functions and guidelines of UNDOF have remained as outlined in the Secretary-General's report of 27 November 1974 (S/11563, paras. 8-10). UNDOF has continued, with the co-operation of the parties, to supervise the area of separation and the areas of limitation of armaments and forces, in accordance with the disengagement agreement of May 1974 between Israel and Syria. The situation in its area of operation has remained generally quiet.

7. The Force has now a total strength of about 1,290 and is composed of four contingents - from Austria, Canada, Finland and Poland - and 20 observers detailed from UNTSO. In addition, other UNTSO observers assigned to the Israel-Syria Mixed Armistice Commission assist UNDOF as occasion requires.

B. Activities of UNIFIL

8. UNIFIL was set up by Security Council resolutions 425 (1978) and 426 (1978) of 19 March 1978 and operates in southern Lebanon. Its activities since October 1979 are outlined in the Secretary-General's reports on the Force to the Security Council (S/13691, S/13888 and Corr.1 and Add.1-3 and S/13994). The mandate of the Force has been extended by the Security Council twice during the period under review. The last extension of UNIFIL, as decided by the Security Council in its resolution 474 (1980), was for a further period of six months, until 19 December 1980.

9. UNIFIL has continued to function in accordance with the guidelines set out in the Secretary-General's report of 19 March 1978 (S/12611). According to that report, UNIFIL was envisaged as a two-stage operation. In the first stage, UNIFIL was to confirm the withdrawal of Israeli forces from Lebanese territory to the international border. Once that was achieved, UNIFIL was to establish and maintain an area of operation. In this connexion, the Force was to supervise the cessation of hostilities, ensure the peaceful character of the area of operation, control movement and take all measures deemed necessary to ensure the effective restoration of Lebanese sovereignty in the area. As stated in the report of the Secretary-General of 17 October 1978 (A/33/311-S/12896, para. 25), the Israeli forces completed their withdrawal from Lebanese territory on 13 June 1978. However, they handed over control of the border area to Lebanese de facto armed forces, rather than to UNIFIL, thus creating serious problems for the full deployment of the Force in the whole area of operation and to the fulfilment of its mandate.

10. Despite intense and persistent efforts, UNIFIL has not been able to make significant progress in overcoming these problems during the period under review. The de facto forces, which are supported by Israel, have not only prevented a further deployment of UNIFIL in the enclave, but they have maintained four positions previously established in the UNIFIL area of operation and have attempted to establish additional encroachments. These attempts have been resisted by UNIFIL and have led to serious confrontations. The presence of Palestinian and other armed elements, and the general political and security situation in Lebanon itself, have also contributed to the extremely difficult situation in the south. While the leadership of the Palestine Liberation Organization (PLO) has renewed its assurance of co-operation with UNIFIL, the Force has continued to be subjected to attempts by armed elements to infiltrate personnel and weapons into its area. There have been several incidents in Israel for which the PLO took responsibility. Israeli forces have attacked PLO targets in southern Lebanon both in retaliation and in pre-emptive actions. Further exchanges of fire between opposing armed groups over and across the UNIFIL area of operation have been frequent. In these circumstances, UNIFIL has continued to exert its best efforts to prevent infiltration and encroachment and to restore and maintain the cease-fire in the area. UNIFIL has also continued in its endeavour to consolidate its position and, in co-operation with the Lebanese Government, to increase and make more effective the Lebanese presence, both civilian and military, in its area of operation. As pointed out in his last periodic report on UNIFIL dated 12 June 1980 (S/13994, para. 71), the very complex situation in southern Lebanon is interrelated with the wider problem of the Middle East, which still awaits a just and comprehensive settlement. Despite all the difficulties it faced, UNIFIL is performing an indispensable service to peace, not only in Lebanon, but also in the Middle East as a whole. While continuing to strive to fulfil all the terms of its mandate, UNIFIL provides a vital mechanism for conflict control in an extremely volatile situation.

11. UNIFIL has now a total strength of some 6,000. It is composed of contingents from Fiji, France, Ghana, Ireland, Italy, the Netherlands, Nigeria, Norway, Senegal and Sweden. UNTSO observers in the Israel-Lebanon sector assist and co-operate with UNIFIL in the performance of its tasks.

C. Activities of UNTSO

12. As indicated above, observers of UNTSO have continued to assist and co-operate with UNDOF and UNIFIL in the performance of their tasks. On the Golan Heights, UNTSO observers assigned to UNDOF man observation posts in the area of separation and carry out periodic inspections in the areas of limitation of armament and forces. In addition, observers assigned to the Israel-Syria Mixed Armistice Commission assist UNDOF as occasion requires. In southern Lebanon, observers assigned to the UNIFIL area of operation man observation posts, conduct patrols as necessary and provide liaison teams with various parties. The headquarters of the Israel-Lebanon Mixed Armistice Commission in Beirut functions also as a liaison office of UNIFIL. In pursuance of Security Council resolutions 459 (1979), 467 (1980) and 474 (1980), the Secretary-General has continued his efforts to reactivate the Israel-Lebanon Mixed Armistice Commission. In this connexion, the representative of Lebanon, in letters dated 14 and 18 October 1980, addressed to the President of the Security Council and to the Secretary-General, protested that Israel was continuing to violate Lebanese territory and called for a meeting of the Mixed Armistice Commission to discuss the situation (A/35/534, S/14218, A/35/552-S/14223).

13. Until July 1979, UNTSO observers assigned to the Egypt-Israel sector assisted the United Nations Emergency Force (UNEF) in the performance of the latter's tasks. When the mandate of UNEF lapsed on 24 July 1979, the Secretary-General declared in a statement issued on the same day that, in view of the fact that the withdrawal of UNEF was without prejudice to the continued presence of the UNTSO observers in the area, it was his intention to make the necessary arrangements to ensure the further functioning of UNTSO, in accordance with existing decisions of the Security Council. Thus, a number of observers continue to be stationed in the area.

14. UNTSO also maintains a liaison office in Amman. The Officer-in Charge of that liaison office is also nominally the Chairman of the Mixed Armistice Commission between Israel and the Hashemite Kingdom of Jordan.

III. SITUATION IN THE OCCUPIED TERRITORIES

15. The action taken prior to October 1979 by the United Nations concerning the situation in the Arab territories occupied by Israel and the question of Jerusalem were outlined in the Secretary-General's report of 24 October 1979 (A/34/584-S/13578, paras. 20-30).

16. The General Assembly, at its thirty-fourth session, after considering the report of the Special Committee to Investigate Israeli Practices Affecting the Human Rights of the Population of the Occupied Territories (A/34/631), adopted three resolutions on 12 December 1979. By resolution 34/90 A, the Assembly condemned certain Israeli policies and practices in the occupied territories and demanded that Israel desist forthwith from those policies and practices. It renewed the mandate of the Special Committee, which is composed of Senegal, Sri Lanka and Yugoslavia, and requested it to report to the Secretary-General as soon as possible and whenever the need arose thereafter. By resolution 34/90 B, it reaffirmed that the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949,1/ was applicable to all the Arab territories occupied by Israel since 1967, including Jerusalem, and called again upon Israel to acknowledge and to comply with the provisions of that Convention. By resolution 34/90 C, the Assembly determined that all measures and actions taken by Israel designed to change the legal status, geographical nature and demographic composition of the occupied Arab territories had no legal validity and constituted a serious obstruction to efforts aimed at achieving a just and lasting peace in the Middle East. It called once more upon the Government of Israel to desist forthwith from taking such measures, in particular the establishment of settlements in the Palestinian and other Arab territories.

17. The Special Committee was kept informed of developments concerning the human rights situation in the occupied territories by the periodic communication to the members of information gathered or received from several sources. The Special Committee held periodic meetings to review such information and to hear oral testimony of persons from the occupied territories and to assess the human rights situation in the occupied territories with a view to deciding whether any action could be undertaken. The report, submitted by the Special Committee under General Assembly resolution 34/90 A, has been circulated as document A/35/425.

18. Earlier in the session, on 16 November 1979, the Assembly adopted resolution 34/29, entitled "Situation in the occupied territories", in which it called upon Israeli authorities to rescind its decision to deport the Mayor of Nablus outside the occupied Palestinian territory. The Assembly also requested the Secretary-General to report to it as soon as possible on the implementation of the resolution. In his report of 24 November 1979 (A/34/720) in pursuance of that resolution, the Secretary-General said that the Prime Minister of Israel, in response to his request for all relevant information, had informed him that the decision in question was based on local regulations in force and would be reviewed by the Supreme Court of Israel in accordance with the due process of law. The Secretary-General added that he was continuing to follow developments closely. On 5 December, the General Assembly was informed by the representative of Israel that the deportation order had been set aside (A/SPC/34/SR.42).

19. During its thirty-fourth session, the General Assembly also adopted, on 14 December 1979, resolution 34/113 on the living conditions of the Palestinian people in the occupied territories. In that resolution, the General Assembly, after taking note of the report of the Secretary-General of 25 October 1979 on this subject (S/34/536 and Corr.1), requested the Secretary-General, in collaboration with the relevant United Nations organs and specialized agencies, to prepare and submit to the General Assembly at its thirty-fifth session a comprehensive and analytical report on the social and economic impact of the Israeli occupation on the living conditions of the Palestinian people in the occupied Arab territories. The Assembly also requested the Secretary-General, in preparing this report, to consult and co-operate with the Palestine Liberation Organization. The requested report of the Secretary-General has been circulated as document A/35/533.

20. In a related decision, the General Assembly, in resolution 34/136 adopted on 14 December 1979, emphasized the right of the Arab States and peoples whose territories were under Israeli occupation to full and effective permanent sovereignty and control over their natural and all other resources, wealth and economic activities; reaffirmed that all measures undertaken by Israel to exploit the human, natural and all other resources, wealth and economic activities in the occupied Arab territories were illegal and called upon Israel immediately to desist forthwith from all such measures; further reaffirmed the right of the Arab States and peoples subjected to Israeli aggression and occupation to the restitution of, and full compensation for the exploitation, depletion and loss of and damages to, their national resources and called upon Israel to meet their just claims. In this connexion, the Assembly also called upon all States to support and assist the Arab States and peoples and called upon States, international organizations and all other institutions not to recognize, or co-operate with or assist in, any measures undertaken by Israel to exploit the resources of the occupied territories or to effect any changes in the demographic composition or geographic character or institutional structure of those territories. The Assembly also requested the Secretary-General to prepare and submit to the General Assembly at its thirty-fifth session a report which took into consideration the provisions of paragraph 2 of resolution 32/161. In a note dated 7 October 1980 (A/35/514), the Secretary-General stated that the secretariat of the Economic Commission for Western Asia, to which the task of preparing the report was entrusted, had been unable, despite every effort to engage the necessary consultant services, to prepare a report for submission to the General Assembly at its thirty-fifth session, and that arrangements were being made to prepare a report for submission to the General Assembly at its thirty-sixth session.

21. On 13 February 1980, the Commission on Human Rights adopted resolutions 1 A and B (XXXVI) concerning the question of the violation of human rights in the occupied Arab territories. These resolutions, in which the Commission condemned Israeli policies and practices in the occupied territories along lines similar to those of General Assembly resolution 34/90 A mentioned above, were brought to the attention of the General Assembly and the Security Council by the Secretary-General in a note dated 10 July 1980 (A/35/325-S/14057).

22. The Security Council held a number of meetings during the period under review to examine various matters relating to the situation in occupied territories and the question of Jerusalem. On 15 February 1980, the Permanent Representative of Jordan requested a meeting of the Security Council to consider Israeli actions in disregard of resolutions 446 (1979) and 452 (1979), by which the Security Council had called on Israel to cease the establishment of settlements in occupied territories (S/13801). On the same date, the Permanent Representative of Morocco, as Chairman of the Islamic Group, also requested an urgent meeting of the Security Council to consider the grave and disturbing situation created by the measures taken by Israel in the city of Al-Khalil (Hebron) on the West Bank (S/13802). The Security Council held five meetings between 22 February and 1 March 1980 (S/PV.2199-2203). On the latter date, it unanimously adopted resolution 465 (1980), in which the Council, after taking note of the reports of its Commission established under resolution 446 (1979) (S/13450 and Corr.1 and S/13679), determined that all measures taken by Israel to change the physical character, demographic composition, institutional structure or status of the Palestinian and other Arab territories occupied since 1967, including Jerusalem, or any part thereof, had no legal validity and that Israel's policies and practices of settling parts of its population and new immigrants in those territories constituted a flagrant violation of the Fourth Geneva Convention relative to the Protection of Civilian Persons in Time of War and also constituted a serious obstruction to achieving a comprehensive, just and lasting peace in the Middle East; strongly deplored the continuation and persistence of Israel in pursuing those policies and practices and called upon the Government and people of Israel to rescind those measures, to dismantle the existing settlements and in particular to cease, on an urgent basis, the establishment, construction and planning of settlements in the occupied territories, including Jerusalem. In the same resolution, the Security Council called upon all States not to provide Israel with any assistance to be used specifically in connexion with settlements in the occupied territories and requested the Commission to continue to examine the situation relating to settlements in the occupied territories and to report to the Security Council before 1 September 1980. At the request of the Commission, the date of submission of the report was subsequently extended until 25 November 1980 (S/14116).

23. On 6 May 1980, the Permanent Representative of Tunisia requested an urgent meeting of the Security Council to consider the expulsion measure taken by the Israeli authorities against the Mayors of Al-Khalil (Hebron) and Halhoul and the Sharia judge of Al-Khalil (Hebron) (S/13926). The Security Council met on 8 May (S/PV.2221) and adopted resolution 468 (1980), in which it expressed deep concern at the expulsion by the Israel military occupation authorities of the Mayors of Hebron and Halhoul and of the Sharia judge of Hebron; and called upon the Government of Israel, as occupying Power, to rescind those illegal measures and to facilitate the immediate return of the expelled Palestinian leaders so that they could resume the functions for which they had been elected and appointed. It further requested the Secretary-General to report upon the implementation of the resolution. In his report of 13 May 1980 (S/13938), the Secretary-General said that he had immediately brought the text of resolution 468 (1980) to the attention of the Government of Israel and noted that he had also previously made representations to the Government of Israel in that regard. On 9 May 1980 the Government of Israel had informed him that it was unable to allow the expelled Mayors of Hebron and Halhoul and the Sharia judge of Hebron to return, for reasons indicated in the statement made by the Permanent Representative of Israel before the Security Council (S/PV.2221). The Secretary-General noted in this connexion reports that the three Palestinian leaders had been denied re-entry into the West Bank by the Israeli authorities on 11 May.

24. On 16 May 1980, the Permanent Representative of Jordan requested that the Security Council meet to consider Israel's defiance of its resolution 468 (1980) (S/13941). The Security Council held two meetings on 20 May (S/PV.2222-2223) and, after considering the Secretary-General's report on this matter (S/13938), adopted resolution 469 (1980), in which it strongly deplored the failure of the Government of Israel to implement resolution 468 (1980) and called again upon the Government of Israel, as occupying Power, to rescind the illegal measures taken by the Israel military occupation authorities in expelling the Mayors of Hebron and Halhoul and the Sharia judge of Hebron, and to facilitate the immediate return of the expelled Palestinian leaders. It also requested the Secretary- General to continue his efforts in order to ensure the immediate implementation of that resolution and report to the Security Council at the earliest possible date. In his report of 24 May 1980 (S/13960), the Secretary-General said that he had once again addressed an appeal to the Prime Minister of Israel to take the necessary action to respond to the call of the Security Council. In reply, the Prime Minister of Israel had said that the three men in question had openly incited to violence; however, a petition to allow their return had been submitted to the High Court of Justice and the matter was sub judice in his country. The Secretary-General added that he was continuing to follow closely developments in regard to that important matter. On 10 October, in reply to a letter addressed to him by the Chairman of the Committee on the Exercise of the Inalienable Rights of the Palestinian People (A/35/513-S/14209), the Secretary-General stated that he had continued his efforts in regard to the implementation of Security Council resolution 469 (1980) and had raised this matter on a number of occasions with the Israeli authorities. He had received information, which had been confirmed by the Permanent Mission of Israel to the United Nations, that the Government of Israel had decided on 6 October to allow the Mayors of Hebron and Halhoul to return to the West Bank to appeal their deportation order before a military review board (see A/35/530-S/14215).

25. On 3 June 1980, the Permanent Representative of Bahrain, in his capacity as Chairman of the Group of Arab States, requested an immediate meeting of the Security Council to consider the assassination attempts on the Mayors of Nablus, Ramallah and Al Bireh and the arbitrary detention of a great number of Palestinian students in the occupied territory (S/13977). At a meeting held on 5 June 1980 (S/PV.2226), the Security Council adopted resolution 471 (1980), in which it condemned the assassination attempts on the lives of the Mayors of Nablus, Ramallah and Al Bireh and called for the immediate apprehension and prosecution of the perpetrators of those crimes. In the same resolution, the Council expressed a deep concern that Israel, as occupying Power, had failed to provide adequate protection to the civilian population in the occupied territories in conformity with the provisions of the Fourth Geneva Convention, called upon the Government of Israel to provide the victims with adequate compensation for the damages suffered as a result of those crimes and to respect and comply with the provisions of the Fourth Geneva Convention as well as with the relevant resolutions of the Security Council. The Council further called upon all States not to provide Israel with any assistance to be used specifically in connexion with settlements in the occupied territories, and reaffirmed the overriding necessity to end the prolonged occupation of the occupied Arab territories, including Jerusalem.

26. The situation in the occupied territories, with specific reference to Jerusalem, was considered by the Security Council at eight meetings held between 24 and 30 June (S/PV.2233-2236, 2238, 2239, 2241, 2242), at the request of the Acting Permanent Representative of Pakistan (S/13966), the current Chairman of the Organization of the Islamic Conference, in pursuance of the decision taken by the Eleventh Islamic Conference of Foreign Ministers. On 30 June 1980, the Security Council adopted resolution 476 (1980), in which it reaffirmed the overriding necessity to end the prolonged occupation of the occupied Arab territories, including Jerusalem, and strongly deplored the continued refusal of Israel, the occupying Power, to comply with the relevant resolutions of the Security Council and the General Assembly. The Council reconfirmed that all legislative and administrative measures and actions taken by Israel which purported to alter the character and status of the Holy City of Jerusalem had no legal validity and constituted a flagrant violation of the Fourth Geneva Convention and a serious obstruction to achieving a comprehensive, just and lasting peace in the Middle East, and reiterated that all such measures which had altered the geographic, demographic and historical character and status of the Holy City of Jerusalem were null and void and must be rescinded in compliance with the relevant resolution of the Security Council. The Council urgently called on Israel to abide by this and previous Security Council resolutions and to desist forthwith from persisting in the policies and measures affecting the character and status of the Holy City of Jerusalem, and reaffirmed its determination, in the event of non-compliance of Israel with the resolution, to examine practical ways and means in accordance with relevant provisions of the Charter of the United Nations to secure the full implementation of the resolution.

27. In a letter dated 1 August 1980 (S/14084), the Acting Permanent Representative of Pakistan and current Chairman of the Organization of the Islamic Conference said that Israel, in violation of the Security Council resolutions including 476 (1980), had persisted in its measures to alter the status of the Holy City of Jerusalem and enacted a law proclaiming it as the capital of Israel. Recalling that the Security Council, in resolution 476 (1980), had reaffirmed its determination, in the event of the non-compliance of Israel, to examine practical ways and means in accordance with relevant provisions of the Charter to secure its full implementation, he requested an immediate meeting of the Security Council. On 20 August 1980 the Security Council adopted (S/PV.2245) resolution 478 (1980), in which it censured in the strongest terms the enactment by Israel of the "basic law" on Jerusalem and the refusal to comply with relevant Security Council resolutions; affirmed that the enactment of the "basic law" by Israel constituted a violation of international law and did not affect the continued application of the Fourth Geneva Convention in the Palestinian and other Arab territories occupied since June 1967, including Jerusalem; determined that all legislative and administrative measures and actions taken by Israel which had altered or purported to alter the character and status of the Holy City of Jerusalem, and, in particular, the recent "basic law" on Jerusalem, were null and void and must be rescinded forthwith; and affirmed also that that action constituted a serious obstruction to achieving a comprehensive, just and lasting peace in the Middle East. The Security Council further decided not to recognize the "basic law" and such other actions by Israel that, as a result of that law, sought to alter the character and status of Jerusalem; called upon all Members of the United Nations to accept this decision and called upon those States that had established diplomatic missions in Jerusalem to withdraw such missions from the Holy City; and requested the Secretary-General to report to it on the implementation of the resolution before 15 November 1980. Since the adoption of resolution 478 (1980), the 10 States which maintained a diplomatic mission in Jerusalem at the time have informed the Secretary-General that they had decided to withdraw their respective diplomatic missions from the Holy City (S/14124, S/14126, S/14127, S/14135, S/14137, S/14138, S/14144, S/14151, S/14163 and S/14168). The Secretary-General's report in pursuance of resolution 478 (1980) will be circulated shortly.

28. Since the General Assembly last discussed the matter, the situation in the occupied territories has been the subject of a number of additional communications addressed to the President of the Security Council or the Secretary-General and circulated as official documents of the United Nations. These communications dealt with the question of Israeli settlements and the expropriation of land in the occupied territories (A/35/102-S/13795, S/13798, A/35/103, S/13811, A/35/111, S/13830, S/13839, S/13843, S/13844, A/35/133-S/13845 and Corr.1, S/13849, S/13851, S/13859, S/13997), the question of expulsion of and attacks against Palestinian leaders in occupied territories (A/35/218-S/13928, S/13936, A/35/225, A/35/278-S/13976, S/13979, A/35/281-S/13983, A/35/283-S/13988), the question of Jerusalem (S/13840, S/14017, S/14018, S/14032, S/14049, S/14098, S/14103, S/14115, S/14169, A/35/508-S/14207) and other questions affecting the human rights of the population of the occupied territories (S/13720, A/35/60-S/13732, A/35/64-S/13738, S/13765, A/35/77-S/13766, A/35/81-S/13772, A/35/87-S/13782, S/13791, A/35/97-S/13792, A/35/98-S/13793, A/35/101, S/13815, S/13854, A/35/155-S/13861, A/35/158, S/13868, A/35/166-S/13874, A/35/206-S/13922 and Corr.1, S/14075, S/14082, S/14096). Communications were also received from Israel regarding violent incidents in occupied territories for which the PLO was said to have claimed responsibility (A/35/86-S/13781, A/35/186, A/35/207-S/13923, S/14016, A/35/302, A/35/387-S/14101, S/14125).

IV. PALESTINE REFUGEE PROBLEM

29. The Palestine refugee problem and the efforts of the United Nations to assist the refugees up to October 1979 were dealt with in the report of the Secretary-General of 24 October 1979 (A/34/584-S/13578, paras. 31-38).

30. Following its consideration of the report of the Commissioner-General of the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA)2/ at its thirty-fourth session, the General Assembly adopted on 23 November 1979 resolutions 34/52 A to F, dealing with various aspects of the problem. By resolution 34/52 A, the Assembly noted with deep regret that the situation of the refugees continued to be a matter of serious concern and expressed its appreciation to the Agency in doing all it could for the Palestine refugees within the limits of available resources. The Assembly reiterated its request that the headquarters of the Agency should be relocated within the area of its operations as soon as practicable. The Assembly also noted with regret that the United Nations Conciliation Commission for Palestine had been unable to find a means of achieving progress in the implementation of paragraph 11 of General Assembly resolution 194 (III), providing for repatriation or compensation of the refugees, and requested it to continue its work towards that objective.

31. The financing of UNRWA's operations continued to be a matter of increasing concern to the General Assembly. UNRWA's funding is derived almost entirely from voluntary contributions, mainly from Governments, and for many years it has experienced difficulty in securing the financial support necessary to maintain its services. In its resolution 34/52 A, the Assembly directed attention to the continuing seriousness of UNRWA's financial position; noted with profound concern that, despite the commendable and successful efforts of the Commissioner-General to collect additional contributions, the level of income available to UNRWA was still insufficient to cover essential budget requirements; and called upon all Governments as a matter of urgency to make the most generous efforts possible to meet UNRWA's needs. In particular, it urged non-contributing Governments to contribute regularly and contributing Governments to consider increasing their contributions. In a related decision, in resolution 34/52 D, the Assembly extended for another year the mandate of the Working Group on the Financing of UNRWA and requested it to continue its efforts, in co-operation with the Secretary-General and the Commissioner- General, to assist in assuring the Agency's financial security.

32. Regarding the problem of the population displaced as a result of the hostilities of June 1967, the General Assembly, in its resolution 34/52 B, endorsed the efforts of UNRWA to provide humanitarian assistance to those persons. After considering a report of the Secretary-General on the question of the return of the population and refugees displaced since 1967 (A/34/518), the Assembly adopted resolution 34/52 E, in which it reaffirmed the inalienable right of all the displaced inhabitants to return to their homes or former places of residence in the territories occupied by Israel since 1967 and declared once more that any attempt to restrict, or to attach conditions to, the free exercise of the right of return by any displaced person was inconsistent with that inalienable right and inadmissible. The Assembly considered any and all agreements embodying any restriction on or condition for the return of the displaced inhabitants as null and void. The Assembly also deplored the continued refusal of the Israeli authorities to take steps for the return of all the displaced inhabitants and called once more upon Israel (a) to take immediate steps for the return of all the displaced inhabitants and (b) to desist from all measures that obstructed their return, including measures affecting the physical and demographic structure of the occupied territories.

33. The situation of Palestine refugees in the Gaza Strip has been of special concern to the General Assembly since 1971 when the Commissioner-General reported that, as a result of operations carried out by the Israeli military authorities, large numbers of shelters in refugee camps had been demolished and approximately 15,000 refugees had been removed (A/8383 and Add.1). At its thirty-fourth session, after considering the report of the Secretary-General on this subject (A/34/517), the General Assembly adopted resolution 34/52 F, in which it called once more upon Israel to desist from removal and resettlement of Palestinian refugees in the Gaza Strip and from destruction of their shelters.

34. In another decision, the General Assembly, by resolution 34/52 C, appealed to all States, specialized agencies and non-governmental organizations to augment the special allocations for scholarships and grants to Palestinian refugees; invited the relevant United Nations agencies to continue to expand the inclusion within their respective spheres of competence of assistance for higher education for the Palestinian refugee students; appealed to all States, specialized agencies and the United Nations University to contribute generously to the Palestinian universities in the territories occupied by Israel since 1967 and to contribute towards the establishment of vocational training centres for Palestinian refugees. The Assembly requested UNRWA to act as recipient and trustee for such special allocations and scholarships and to award them to qualified Palestinian refugee candidates.

35. In addition to the annual report of the Commissioner-General of UNRWA,3/ the Assembly will have before it at its thirty-fifth session reports of the Secretary-General on the Palestine refugees in the Gaza Strip (A/35/473), on the return of the displaced inhabitants of the territories occupied by Israel since 1967 (A/35/472) and on the allocation of scholarships and grants to Palestinian refugees (A/35/438 and Corr.1), as well as a report of the United Nations Conciliation Commission for Palestine (A/35/474) and a report of the Working Group on the Financing of UNRWA (A/35/526).

V. PALESTINIAN RIGHTS

36. The developments concerning the question of Palestinian rights up to October 1979 were outlined in the report of the Secretary-General of 24 October 1979 (A/34/584-S/13578, paras. 39-43).

37. At its thirty-fourth session, the General Assembly considered the report
of the Committee on the Exercise of the Inalienable Rights of the Palestinian People,4/ and adopted resolutions 34/65 A to D. By its resolution 34/65 A, the General Assembly reaffirmed that a just and lasting peace in the Middle East could not be established without the achievement, inter alia, of a just solution to the problem of Palestine on the basis of the attainment of the inalienable rights of the Palestinian people, including the right of return and the right to national independence and sovereignty in Palestine, in accordance with the Charter of the United Nations; endorsed the recommendations of the Committee on the Exercise of the Inalienable Rights of the Palestinian People and expressed its regret and concern that those recommendations, endorsed by the General Assembly in its resolutions 31/20, 32/40 A and 33/28 A, had not been implemented; once again urged the Security Council to consider and to take, as soon as possible, a decision on the recommendations endorsed by the Assembly; and authorized and requested the Committee, in the event of the Council failing to consider or to take a decision on those recommendations by 31 March 1980, to consider that situation and to make the suggestions it deemed appropriate. By resolution 34/65 B, the Assembly noted with concern that the Camp David accords had been concluded outside the framework of the United Nations and without the participation of the PLO, the representative of the Palestinian people; rejected those provisions of the accords which ignored, infringed upon, violated or denied the inalienable rights of the Palestinian people, and which envisaged and condoned continued Israeli occupation of the Palestinian territories occupied by Israel since 1967; strongly condemned all partial agreements and separate treaties which constituted a flagrant violation of the rights of the Palestinian people, the principles of the Charter and the resolutions adopted in the various international forums on the Palestinian issue; and declared that the Camp David accords and other agreements had no validity in so far as they purported to determine the future of the Palestinian people and of the Palestinian territories occupied by Israel since 1967. The Assembly, by resolution 34/65 C, also requested the Committee to keep the situation relating to the question of Palestine under review and to report and make suggestions to the Assembly or to the Security Council, as appropriate. By resolution 34/65 D, the Assembly requested the Secretary-General to ensure that the Special Unit on Palestinian Rights of the United Nations Secretariat, under the guidance of the Committee, discharged its tasks and undertook an expanded programme of work. Steps are being taken to implement the provisions of that resolution.

38. In a letter to the President of the Security Council dated 6 March 1980 (S/13832), the Acting Chairman of the Committee on the Exercise of the Inalienable Rights of the Palestinian People drew attention to the relevant provisions of General Assembly resolution 34/65 and said that the Committee was convinced that the members of the Security Council would wish to re-examine the Committee's recommendations as urged by the General Assembly in that resolution. On 24 March, the Chairman of the Committee requested that the Security Council convene urgently to consider those recommendations (S/13855). The Security Council held seven meetings between 31 March and 30 April 1980 (S/PV.2204-2208, 2219, 2220) to consider the question, but no resolution was adopted owing to a negative vote of one of the permanent members of the Security Council (S/PV.2220).

39. In a letter to the Secretary-General dated 1 July 1980 (A/ES-7/1, annex), the Permanent Representative of Senegal said that the Committee, over which he presided, had considered the situation as required by resolution 34/65 A, and, having in mind the escalating tension in the area, which further aggravated the serious threat to international peace and security, and the continuing failure of the Security Council to exercise its primary responsibility in this respect, had suggested that an emergency special session of the General Assembly should be held to discuss the question of Palestine. The seventh emergency special session of the General Assembly met from 22 to 29 July 1980 to consider the question of Palestine at the request of Senegal.

40. At its seventh emergency special session, the General Assembly, in its resolution ES-7/2, reaffirmed the inalienable rights in Palestine of the Palestinian people, including the right to self-determination without external interference, and to national independence and sovereignty, and the right to establish its own independent sovereign State. It called upon Israel to withdraw completely and unconditionally from all the Palestinian and other Arab territories occupied since June 1967, including Jerusalem, and urged that such withdrawal from all the occupied territories should start before 15 November 1980. The General Assembly requested and authorized the Secretary-General, in consultation, as appropriate, with the Committee, to take the necessary measures towards the implementation of the recommendations contained in paragraphs 59 to 72 of the report of the Committee to the General Assembly at its thirty-first session 5/ as a basis for the solution of the question of Palestine. It also requested the Secretary-General to report to the General Assembly at its thirty-fifth session on the implementation of the present resolution and requested the Security Council, in the event of non-compliance by Israel with the present resolution, to adopt effective measures under Chapter VII of the Charter. The General Assembly decided to adjourn the seventh emergency special session temporarily and to resume upon request from Member States. In resolution ES-7/3 adopted by the seventh emergency special session, the General Assembly requested the Committee to study thoroughly the reasons for the refusal of Israel to comply with the relevant United Nations resolutions, particularly resolution 31/20 of 24 November 1976, in which the General Assembly endorsed the recommendations of the Committee and the numerous resolutions demanding the withdrawal of Israel from the occupied Palestinian and other Arab territories, including Jerusalem, and to submit the study to the Assembly.

41. Since the General Assembly discussed the matter at its thirty-fourth session, a number of communications have been addressed by the Chairman of the Committee on the Exercise of the Inalienable Rights of the Palestinian People to the President of the Security Council or the Secretary-General (A/35/230, S/13940, A/35/279-S/13978, A/35/377-S/14089, A/35/378-S/14090, A/35/398-S/14110). The rights of the Palestinian people have also been the subject of communications received from Member States (A/35/209, A/ES-7/4, A/ES-7/7, A/ES-7/11, A/35/390). In addition, a number of communications in which Israel expressed its view of the Palestine Liberation Organization have been received and circulated as official documents of the United Nations (S/13872,6/ A/35/170, S/13985, A/35/282, A/35/395-S/14107).

VI . SEARCH FOR A PEACEFUL SETTLEMENT

42. The search for a peaceful settlement in the Middle East from June 1967 until October 1979 was described in the reports of the Secretary-General of 18 May 1973 (S/10929, paras. 43-113), 17 October 1978 (A/33/311-S/12896, paras. 61-99) and 24 October 1979 (A/34/584-S/13578, paras. 45-53).

43. The situation in the Middle East was considered again by the General Assembly at its thirty-fourth session. On 6 December 1979, the General Assembly adopted resolution 34/70, in which it condemned Israel's continued occupation of Palestinian and other Arab territories; declared once more that peace was indivisible and that a just and lasting settlement of the Middle East question must be based on a comprehensive solution, under the auspices of the United Nations, which took into account all aspects of the Arab-Israeli conflict, in particular the attainment by the Palestinian people of all its inalienable rights and the Israeli withdrawal from all the occupied Arab and Palestinian territories, including Jerusalem; condemned all partial agreements and separate treaties which violated the recognized rights of the Palestinian people and contradicted the principles of just and comprehensive solutions to the Middle East problem; reaffirmed that, until Israel withdrew from all the occupied territories and until the Palestinian people attained and exercised its inalienable national rights, a comprehensive, just and lasting peace in the Middle East, in which all countries and peoples in the region lived in peace and security within recognized and secure boundaries, would not be achieved; called anew for the early convening of the Peace Conference on the Middle East, under the auspices of the United Nations and the co-chairmanship of the Union of Soviet Socialist Republics and the United States of America, with the participation on an equal footing of all parties concerned, including the Palestine Liberation Organization; urged the parties to the conflict and all other interested parties to work towards the achievement of a comprehensive settlement covering all aspects of the problem and worked out with the participation of all parties concerned within the framework of the United Nations; and requested the Security Council, in the exercise of its responsibilities under the Charter, to take all necessary measures to ensure the implementation of relevant resolutions of both the Security Council and the General Assembly and to facilitate the achievement of such a comprehensive settlement aiming at the establishment of a just and lasting peace in the region.

44. As outlined earlier in this report, the General Assembly also held an emergency special session in July 1980 to discuss the question of Palestine (see paras. 39-40 above), and the Security Council held seven series of meetings to examine various problems relating to the rights of the Palestinian people, the situation in the occupied territories and the question of Jerusalem (see paras. 22-27 and 38 above). The outcome of these meetings is relevant to the search for a comprehensive settlement of the Middle East problem.

45. During the period covered by the present report, the Secretary-General, in his periodic reports on the activities of UNDOF (S/13637 and S/13957), reiterated the view that, although the area of operation of the Force was quiet, the situation in the Middle East as a whole was unstable and would remain so unless and until a comprehensive settlement covering all aspects of the Middle East problem could be reached. The Security Council, in renewing the mandate of UNDOF for further periods of six months in November 1979 and again in May 1980, concurred with this view (S/13662 and S/13970) and called upon the parties concerned to implement immediately its resolution 338 (1973) (resolutions 456 (1979) and 470 (1980)).

46. Since the thirty-fourth session of the General Assembly, a number of communications addressed to the President of the Security Council or the Secretary-General have dealt with the situation in the Middle East or various aspects thereof. By a letter dated 11 February 1980 (A/35/109-S/13810), the representative of Pakistan transmitted the text of the resolutions and the final communiqué of the extraordinary session of the Islamic Conference of Foreign Ministers held at Islamabad from 27 to 29 January 1980. In a letter dated 28 April 1980 (A/35/188-S/13912), the representatives of the Libyan Arab Jamahiriya transmitted the text of the declaration made at the conclusion of the Fourth Summit Conference of the Steadfastness and Confrontation National Front, held at Tripoli between 12 and 15 April 1980. The texts of declarations issued by the European Community, in Luxembourg on 5 May 1980 and in Venice on 16 June 1980 respectively, were transmitted by the representative of Italy (S/13925 and A/35/299-S/14009). By a letter dated 22 July 1980 addressed to the Secretary-General (A/ES-7/8), the representative of Cuba requested the circulation, in connexion with the seventh emergency special session of the General Assembly, of the relevant parts of the final declaration of the Sixth Conference of Heads of State or Government of Non-Aligned Countries, held in Havana from 3 to 9 September 1979. In a letter dated 8 August 1980 (A/35/384-S/14097), the representative of Jordan transmitted the texts of final documents adopted by the Islamic Conference of Ministers for Foreign Affairs at its second extraordinary session, held at Amman on 11 and 12 July 1980. By a letter dated 20 August 1980 (A/35/419-S/14129), the representative of Pakistan transmitted the texts of resolutions adopted by the Eleventh Islamic Conference of Foreign Ministers, held in Islamabad from 17 to 22 May 1980. The communiqué of the Extraordinary Meeting of the Ministers for Foreign Affairs and Heads of delegations of the non-aligned countries to the thirty-fifth session of the General Assembly, held at Headquarters on 2 and 3 October 1980, was transmitted by the Permanent Mission of Cuba in a note verbale dated 14 October 1980 (A/35/542).

47. The Camp David agreement and subsequent negotiations undertaken between Egypt and Israel have been the subject of a number of communications mentioned above as well as those addressed to the President of the Security Council or the Secretary-General by the representative of Egypt (A/35/102-S/13795, A/35/133-S/13845, S/13945, A/ES-7/12).

48. In his annual report on the work of the Organization,7/ the Secretary-General has indicated that the main aspects of the Middle East problem are interdependent and cannot be separated. A continuous and determined effort must therefore be made to achieve a comprehensive settlement through negotiations involving all the parties concerned, including the Palestine Liberation Organization. Any future solution of the problem will have to be based on the right of all States in the area to live in peace within secure and recognized boundaries free from threats or acts of force, on the inalienable rights of the Palestinians, including their right to self-determination, and on withdrawal from occupied territories. In this context the question of Jerusalem is of primary importance and cannot be solved through any unilateral decision. The Secretary-General continues to believe that the United Nations can do much to facilitate a settlement, and he earnestly hopes that it will play an increasingly important role in this vital endeavour.


Notes

1/ United Nations, Treaty Series, vol. 75, No. 973, p. 287.

2/ Official Records of the General Assembly, Thirty-fourth Session, Supplement No. 13, (A/34/13 and Corr.1).

3/ Ibid., Thirty-fifth Session, Supplement No. 13 (A/35/13).

4/ Ibid., Thirty-fourth Session, Supplement No. 35 (A/34/35).

5/ Ibid., Thirty-first Session, Supplement No. 35 (A/31/35).

6/ The comments of the PLO on document S/13872 are contained in document S/13898, annex.

7/ Ibid., Thirty-fifth Session, Supplement No. 1 (A/35/1).


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