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Droit du peuple Palestinien à l’autodétermination – Rapport de Troisième Commission de l'AG - Projet de résolution

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UNITED
NATIONS
A

        General Assembly
Distr.
GENERAL
A/66/461
30 November 2011

Original: English

Sixty-sixth session
Agenda item 68


Right of peoples to self-determination


Report of the Third Committee


Rapporteur: Ms. Kadra Ahmed Hassan ........................................................... (Djibouti)


I. Introduction


1. At its 2nd plenary meeting, on 16 September 2011, the General Assembly, on the recommendation of the General Committee, decided to include in the agenda of its sixty-sixth session the item entitled “Right of peoples to self-determination” and to allocate it to the Third Committee.

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II. Consideration of proposals

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B. Draft resolution A/C.3/66/L.61

11. At the 42nd meeting, on 8 November, the representative of Egypt, on behalf of Afghanistan, Albania, Algeria, Andorra, Armenia, Austria, Azerbaijan, Bahrain, Bangladesh, Belarus, Belgium, Belize, Benin, Bolivia (Plurinational State of), Brazil, Brunei Darussalam, Bulgaria, Burkina Faso, Burundi, Cape Verde, Chad, Chile, China, the Comoros, the Congo, Côte d’Ivoire, Cuba, Cyprus, the Democratic People’s Republic of Korea, the Democratic Republic of the Congo, Denmark, Djibouti, the Dominican Republic, Ecuador, Egypt, El Salvador, Ethiopia, Equatorial Guinea, Guinea-Bissau, Gabon, the Gambia, Greece, Grenada, Guinea, Guyana, Hungary, Iceland, India, Indonesia, Iraq, Jordan, Kenya, Kuwait, Kyrgyzstan, the Lao People’s Democratic Republic, Latvia, Lebanon, Lesotho, Libya, Liechtenstein, Lithuania, Luxembourg, Madagascar, Malawi, Malaysia, Maldives, Mali, Malta, Mauritania, Monaco, Montenegro, Morocco, Mozambique, Myanmar, Namibia, Nicaragua, the Niger, Nigeria, Norway, Oman, Pakistan, Poland, Qatar, the Republic of Moldova, Romania, the Russian Federation, Saint Vincent and the Grenadines, Saudi Arabia, Senegal, Sierra Leone, Slovakia, Slovenia, Somalia, South Africa, Spain, Sri Lanka, the Sudan, Swaziland, Sweden, Tajikistan, the former Yugoslav Republic of Macedonia, Tunisia, Turkey, Uganda, Ukraine, the United Arab Emirates, the United Republic of Tanzania, the United Kingdom of Great Britain and Northern Ireland, Uzbekistan, Venezuela (Bolivarian Republic of), Viet Nam, Yemen, Zimbabwe and Palestine, introduced a draft resolution entitled “The right of the Palestinian people to self-determination” (A/C.3/66/L.61). Subsequently, Antigua and Barbuda, Barbados, Bosnia and Herzegovina, Botswana, Costa Rica, Croatia, Eritrea, Estonia, Finland, France, Ghana, Ireland, Italy, Jamaica, Liberia, Mauritius, New Zealand, Paraguay, Portugal, Rwanda, San Marino, Serbia, Seychelles, Suriname, Switzerland, Timor-Leste and Zambia joined in sponsoring the draft resolution.

12. At its 50th meeting, on 22 November, the Committee adopted draft resolution A/C.3/66/L.61 by a recorded vote of 166 to 5, with 4 abstentions (see para. 19, draft resolution II). The voting was as follows:1

13. A statement was made before the vote by the representative of Israel; statements were made after the vote by the representatives of Argentina and the United Kingdom of Great Britain and Northern Ireland and the observer for Palestine (see A/C.3/66/SR.50).

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III. Recommendations of the Third Committee

19. The Third Committee recommends to the General Assembly the adoption of the following draft resolutions:

/...

Draft resolution II
The right of the Palestinian people to self-determination


The General Assembly,

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

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

Bearing in mind the International Covenants on Human Rights,2 the Universal Declaration of Human Rights,3 the Declaration on the Granting of Independence to Colonial Countries and Peoples4 and the Vienna Declaration and Programme of Action adopted at the World Conference on Human Rights on 25 June 1993,5

Recalling the Declaration on the Occasion of the Fiftieth Anniversary of the United Nations,6

Recalling also the United Nations Millennium Declaration,7

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

Recalling the conclusion of the Court, in its advisory opinion of 9 July 2004, that the construction of the wall by Israel, the occupying Power, in the Occupied Palestinian Territory, including East Jerusalem, along with measures previously taken, severely impedes the right of the Palestinian people to self-determination,10

Expressing the urgent need for the resumption and accelerated advancement of negotiations within the Middle East peace process, based on the relevant United Nations resolutions, the Madrid terms of reference, including the principle of land for peace, the Arab Peace Initiative11 and the Quartet road map to a permanent two-State solution to the Israeli-Palestinian conflict,12 and for the speedy achievement of a just, lasting and comprehensive peace settlement between the Palestinian and Israeli sides,

Stressing the need for respect for and preservation of the territorial unity, contiguity and integrity of all of the Occupied Palestinian Territory, including East Jerusalem, and recalling in this regard its resolution 58/292 of 6 May 2004,

Recalling its resolution 65/202 of 21 December 2010,

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

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

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

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Notes

1The delegation of Algeria subsequently indicated that, had it been present, it would have voted in favour.
2 Resolution 2200 A (XXI), annex.
3Resolution 217 A (III).
4Resolution 1514 (XV).
5A/CONF.157/24 (Part I), chap. III.
6See resolution 50/6.
7See resolution 55/2.
8See A/ES-10/273 and Corr.1; see also Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory, Advisory Opinion, I.C.J. Reports 2004, p. 136.
9See A/ES-10/273 and Corr.1, advisory opinion, para. 88; see also Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory, Advisory Opinion, I.C.J. Reports 2004, p. 136.
10See A/ES-10/273 and Corr.1, advisory opinion, para. 122; see also Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory, Advisory Opinion, I.C.J. Reports 2004, p. 136.
11A/56/1026-S/2002/932, annex II, resolution 14/221.


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