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UNITED
NATIONS
E

        Economic and Social Council
E/RES/2009/34
31 July 2009

Resolution

2009/34

Economic and social repercussions of the Israeli occupation on the living conditions of the Palestinian people in the Occupied Palestinian Territory, including East Jerusalem, and the Arab population in the occupied Syrian Golan

The Economic and Social Council,

Recalling General Assembly resolution 63/201 of 19 December 2008,

Recalling also its resolution 2008/31 of 25 July 2008,

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, 252 (1968) of 21 May 1968, 338 (1973) of 22 October 1973, 465 (1980) of 1 March 1980 and 497 (1981) of 17 December 1981,

Recalling the resolutions of the tenth emergency special session of the General Assembly, including ES-10/13 of 21 October 2003, ES-10/14 of 8 December 2003, ES-10/15 of 20 July 2004 and ES-10/17 of 15 December 2006,

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

Recalling the International Covenant on Civil and Political Rights,2 the International Covenant on Economic, Social and Cultural Rights, and the Convention on the Rights of the Child,3 and affirming that these human rights instruments must be respected in the Occupied Palestinian Territory, including East Jerusalem, as well as in the occupied Syrian Golan,

Stressing the importance of the revival of the Middle East peace process on the basis of Security Council resolutions 242 (1967), 338 (1973), 425 (1978), 1397 (2002), 1515 (2003), 1544 (2004) and 1850 (2008), the principle of land for peace, and the Arab Peace Initiative,4 as affirmed in the Arab Summit in Doha, as well as compliance with the agreements reached between the Government of Israel and the Palestine Liberation Organization, the representative of the Palestinian people,

Reaffirming the principle of the permanent sovereignty of peoples under foreign occupation over their natural resources, and expressing concern in this regard about the exploitation of natural resources by Israel, the occupying Power, in the Occupied Palestinian Territory, including East Jerusalem, and in the occupied Syrian Golan,

Convinced that the Israeli occupation has gravely impeded the efforts to achieve sustainable development and a sound economic environment in the Occupied Palestinian Territory, including East Jerusalem, and in the occupied Syrian Golan, and expressing grave concern about the consequent deterioration of economic and living conditions,

Gravely concerned in this regard about Israel’s continuation of settlement activities and other related measures in the Occupied Palestinian Territory, particularly in and around occupied East Jerusalem, as well as in the occupied Syrian Golan, in violation of international humanitarian law and relevant United Nations resolutions,

Gravely concerned also by the serious repercussions on the economic and social conditions of the Palestinian people caused by Israel’s construction of the wall and its associated regime inside the Occupied Palestinian Territory, including in and around East Jerusalem, and the resulting violation of their economic and social rights, including the right to work, to health, to education, to property and to an adequate standard of living,

Recalling in this regard 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,5 and General Assembly resolution ES-10/15, and stressing the need to comply with the obligations mentioned therein,

Expressing grave concern at the extensive destruction by Israel, the occupying Power, of properties, including homes, economic institutions, agricultural lands and orchards, in the Occupied Palestinian Territory, including East Jerusalem, and, in particular, in connection with its construction of the wall, contrary to international law, in the Occupied Palestinian Territory, including in and around East Jerusalem,

Expressing grave concern also over the continued policy of home demolitions and displacement of the population in and around occupied East Jerusalem in particular, as well as measures to further isolate the city from its natural Palestinian environs, including through the accelerated construction of settlements, construction of the wall and imposition of checkpoints, which have seriously exacerbated the already dire socio-economic situation being faced by the Palestinian population,

Expressing grave concern further about continuing Israeli military operations and the continuing Israeli policy of closures and severe restrictions on the movement of persons and goods, including humanitarian personnel as well as food, medical, fuel and other essential supplies, via the imposition of crossing closures, checkpoints and a permit regime throughout the Occupied Palestinian Territory, including East Jerusalem, and the consequent negative impact on the socio-economic situation of the Palestinian people, which remains that of dire humanitarian crisis, particularly in the Gaza Strip, where grave hardships continue to mount as a result of Israel’s imposition of a blockade and siege as collective punishment of the entire civilian population,

Deploring the Israeli military aggression against the Gaza Strip that was launched on 27 December 2008, which caused heavy casualties among civilians, including hundreds of children and women, and widespread damage to homes, vital infrastructure, hospitals, schools and several United Nations facilities, gravely impacting the provision of vital health and social services to Palestinian women and their families, and in this regard calling for the expeditious commencement of the reconstruction process in the Gaza Strip with the assistance of the donor countries, including the disbursement of funds pledged in the International Conference in Support of the Palestinian Economy for the Reconstruction of Gaza, held in Sharm el-Sheikh, Egypt, in March 2009,

Gravely concerned by various reports of the United Nations and specialized agencies regarding the almost total aid dependency caused by prolonged border closures, inordinate rates of unemployment, widespread poverty and severe humanitarian hardships, including food insecurity and rising health-related problems, including high levels of malnutrition, among the Palestinian people, especially children, in the Occupied Palestinian Territory, including East Jerusalem,

Expressing grave concern at the increasing number of deaths and injuries of civilians, including children and women, and emphasizing that the Palestinian civilian population must be protected in accordance with international humanitarian law,

Emphasizing the importance of the safety and well-being of all civilians, and calling for the cessation of all acts of violence, including all acts of terror, provocation, incitement and destruction and all firing of rockets,

Conscious of the urgent need for the reconstruction and development of the economic and social infrastructure of the Occupied Palestinian Territory, including East Jerusalem, as well as the urgent need to address the dire humanitarian crisis facing the Palestinian people,

Commending the important work being done by the United Nations, the specialized agencies and the donor community in support of the economic and social development of the Palestinian people, as well as the assistance being provided in the humanitarian field,

Recognizing the efforts being undertaken by the Palestinian Authority, with international support, to rebuild, reform and strengthen its damaged institutions and promote good governance, and emphasizing the need to preserve the Palestinian institutions and infrastructure and to ameliorate economic and social conditions,

Stressing the importance of national unity among the Palestinian people and emphasizing the need for the respect and preservation of the territorial integrity and unity of the Occupied Palestinian Territory, including East Jerusalem,

Calling on both parties to fulfil their obligations under the road map6 in cooperation with the Quartet,

1. Calls for the lifting of all mobility restrictions imposed on the Palestinian people, including those arising from ongoing Israeli military operations and the multilayered closures system, and for other urgent measures to be taken to alleviate the desperate humanitarian situation in the Occupied Palestinian Territory, especially in the Gaza Strip;

2. Stresses the need to preserve the national unity and the territorial integrity of the Occupied Palestinian Territory, including East Jerusalem, and to guarantee the freedom of movement of persons and goods throughout the Occupied Palestinian Territory, including East Jerusalem, as well as to and from the outside world;

3. Demands that Israel comply with the Protocol on Economic Relations between the Government of Israel and the Palestine Liberation Organization signed in Paris on 29 April 1994;7

4. Calls upon Israel to restore and replace civilian properties, vital infrastructure, agricultural lands and governmental institutions that have been damaged or destroyed as a result of its military operations in the Occupied Palestinian Territory;

5. Reiterates the call for the full implementation of the Agreement on Movement and Access of 15 November 2005, particularly the urgent and uninterrupted reopening of all crossings into the Gaza Strip, including the Rafah and Karni crossings, which is crucial to ensuring the passage of foodstuffs and essential supplies, including construction materials and adequate fuel supplies, as well as to ensuring the unhindered access of the United Nations and related agencies to and within the Occupied Palestinian Territory;

6. Calls upon all parties to respect the rules of international humanitarian law, and to refrain from violence against the civilian population in accordance with the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949;

7. Reaffirms the inalienable right of the Palestinian people and the Arab population of the occupied Syrian Golan to all their natural and economic resources, and calls upon Israel, the occupying Power, not to exploit, endanger or cause loss or depletion of these resources;

8. Calls upon Israel, the occupying Power, to cease its destruction of homes and properties, economic institutions and agricultural lands and orchards in the Occupied Palestinian Territory, including East Jerusalem, as well as in the occupied Syrian Golan;

9. Also calls upon Israel, the occupying Power, to end immediately its exploitation of natural resources, including water and mining resources, and to cease the dumping of all kinds of waste materials in the Occupied Palestinian Territory, including East Jerusalem, and in the occupied Syrian Golan, which gravely threaten their natural resources, namely, the water and land resources, and present a serious environmental hazard and health threat to the civilian populations, and also calls upon Israel, the occupying Power, to remove all obstacles that obstruct implementation of critical environmental projects, including the sewage treatment plants in the Gaza Strip;

10. Reaffirms that the construction and expansion of Israeli settlements and related infrastructure in the Occupied Palestinian Territory, including East Jerusalem, and the occupied Syrian Golan, are illegal and constitute a major obstacle to economic and social development, and calls for the full cessation of all settlement and settlement-related activity, including all measures aimed at advancing the illegal settlement campaign, in compliance with relevant Security Council resolutions and international law, including the Geneva Convention on the Protection of Civilian Persons in Time of War;

11. Also reaffirms that Israel’s ongoing construction of the wall in the Occupied Palestinian Territory, including in and around East Jerusalem, is contrary to international law and is isolating East Jerusalem, fragmenting the West Bank and seriously debilitating the economic and social development of the Palestinian people, and calls in this regard for full compliance with the legal obligations mentioned in the 9 July 2004 advisory opinion of the International Court of Justice and in General Assembly resolution ES-10/15;

12. Calls upon Israel to comply with the provisions of the Geneva Convention on the Protection of Civilians in Time of War and to facilitate visits of the Syrian citizens of the occupied Syrian Golan whose family members reside in their mother homeland, the Syrian Arab Republic, via the Qunaitra entrance;

13. Emphasizes the importance of the work of United Nations organizations and agencies and 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;

14. Reiterates the importance of the revival of the peace process on the basis of Security Council resolutions 242 (1967), 338 (1973), 425 (1978), 1397 (2002), 1515 (2003), 1544 (2004) and 1850 (2008), and the Madrid Conference, the principle of land for peace, and the Arab Peace Initiative, as well as compliance with the agreements reached between the Government of Israel and the Palestine Liberation Organization, the representative of the Palestinian people, in order to pave the way for the establishment of the independent Palestinian State and the achievement of a just, lasting and comprehensive peace settlement;

15. Requests the Secretary-General to submit to the General Assembly at its sixty-fourth session, through the Economic and Social Council, a report on the implementation of the present resolution and to continue to include in the report of the United Nations Special Coordinator an update on the living conditions of the Palestinian people, in collaboration with relevant United Nations agencies;

16. Decides to include the item entitled “Economic and social repercussions of the Israeli occupation on the living conditions of the Palestinian people in the Occupied Palestinian Territory, including East Jerusalem, and the Arab population in the occupied Syrian Golan” in the agenda of its substantive session of 2010.

45th plenary meeting
31 July 2009

Endnotes

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