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UNITED
NATIONS
A

        General Assembly
Distr.
GENERAL
A/50/606
1 December 1995

ENGLISH
Original: SPANISH

Fiftieth session
Agenda item 85



REPORT OF THE SPECIAL COMMITTEE TO INVESTIGATE ISRAELI PRACTICES
AFFECTING THE HUMAN RIGHTS OF THE PALESTINIAN PEOPLE AND OTHER
ARABS OF THE OCCUPIED TERRITORIES


Report of the Special Political and Decolonization Committee
(Fourth Committee)


Rapporteur: Mr. Allan BREIER-CASTRO (Venezuela)


I. INTRODUCTION


1. At its 3rd plenary meeting, on 22 September 1995, the General Assembly, on the recommendation of the General Committee, decided to include in the agenda of its fiftieth 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" and to allocate it to the Special Political and Decolonization Committee (Fourth Committee).

2. The Fourth Committee considered the item at its 24th and 25th meetings, on 17 and 30 November 1995 (see A/C.4/50/SR.24 and 25).

3. For its consideration of the item, the Committee had before it the following documents:

(a) Note by the Secretary-General transmitting the twenty-seventh report of the Special Committee to Investigate Israeli Practices Affecting the Human Rights of the Palestinian People and Other Arabs of the Occupied Territories (A/50/463);

(b) Note by the Secretary-General transmitting the periodic report of the Special Committee to Investigate Israeli Practices Affecting the Human Rights of the Palestinian People and Other Arabs of the Occupied Territories, covering the period from 27 August to 31 December 1994 (A/50/170);

(c) Note by the Secretary-General transmitting the periodic report of the Special Committee to Investigate Israeli Practices Affecting the Human Rights of the Palestinian People and Other Arabs of the Occupied Territories, covering the period from 1 January to 31 March 1995 (A/50/282);

(d) Report of the Secretary-General submitted in pursuance of General Assembly resolution 49/36 A (A/50/657);

(e) Report of the Secretary-General submitted in pursuance of General Assembly resolution 49/36 B (A/50/658);

(f) Report of the Secretary-General submitted in pursuance of General Assembly resolution 49/36 C (A/50/659);

(g) Report of the Secretary-General submitted in pursuance of General Assembly resolution 49/36 D (A/50/660);

(h) Letter dated 8 February 1995 from the Permanent Representative of Morocco to the United Nations addressed to the Secretary-General (A/50/82-S/1995/135);

(i) Letters dated 18 and 28 April and 8 May 1995 from the Permanent Observer of Palestine to the United Nations addressed to the Secretary-General (A/50/159-S/1995/312, A/50/168-S/1995/341 and A/50/176-S/1995/376);

(j) Identical letters dated 24 May 1995 from the Permanent Observer of Palestine to the United Nations addressed to the Secretary-General and the President of the Security Council (A/50/191-S/1995/418).

4. At the 24th meeting, on 17 November, the representative of Sri Lanka, Chairman of the Special Committee to Investigate Israeli Practices Affecting the Human Rights of the Palestinian People and Other Arabs of the Occupied Territories, introduced the reports of that Committee (A/50/170, A/50/282 and A/50/463).

5. At the same meeting, the Permanent Observer of Palestine made a statement (see A/C.4/50/SR.24).

II. CONSIDERATION OF PROPOSALS

A. Draft resolution A/C.4/50/L.18


6. At the 25th meeting, on 30 November, the representative of Cuba, on behalf of Bangladesh, Brunei Darussalam, Cuba, Djibouti, Egypt, Indonesia, Jordan, Malaysia, the Sudan, Tunisia, the United Arab Emirates and Yemen, introduced a draft resolution (A/C.4/50/L.18).

7. At the same meeting, the Committee adopted draft resolution A/C.4/50/L.18 by a recorded vote of 63 to 2, with 65 abstentions (see para. 14, draft resolution A).1/ The voting was as follows: 2/

In favour: Algeria, Bahrain, Bangladesh, Benin, Bhutan, Botswana, Brazil, Brunei Darussalam, Burkina Faso, Cameroon, Chile, China, Colombia, Côte d'Ivoire, Cuba, Democratic People's Republic of Korea, Djibouti, Egypt, Ghana, Guinea, Guyana, Haiti, India, Indonesia, Iran (Islamic Republic of), Jordan, Kuwait, Lao People's Democratic Republic, Lebanon, Libyan Arab Jamahiriya, Malaysia, Maldives, Mali, Mauritania, Mexico, Morocco, Mozambique, Myanmar, Nepal, Niger, Nigeria, Oman, Pakistan, Philippines, Qatar, Singapore, South Africa, Sri Lanka, Sudan, Syrian Arab Republic, Thailand, Togo, Trinidad and Tobago, Tunisia, Turkey, Uganda, United Arab Emirates, United Republic of Tanzania, Venezuela, Viet Nam, Yemen, Zambia, Zimbabwe.

Against: Israel, United States of America.

Abstaining: Antigua and Barbuda, Argentina, Armenia, Australia, Austria, Bahamas, Barbados, Belarus, Belgium, Bolivia, Bosnia and Herzegovina, Bulgaria, Canada, Croatia, Cyprus, Czech Republic, Denmark, Ecuador, Estonia, Finland, France, Georgia, Germany, Greece, Honduras, Hungary, Iceland, Ireland, Italy, Jamaica, Japan, Kazakstan, Kenya, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Marshall Islands, Micronesia (Federated States of), Mongolia, Netherlands, New Zealand, Nicaragua, Norway, Panama, Paraguay, Peru, Poland, Portugal, Republic of Korea, Republic of Moldova, Romania, Russian Federation, Samoa, Slovakia, Solomon Islands, Spain, Suriname, Swaziland, Sweden, the former Yugoslav Republic of Macedonia, Ukraine, United Kingdom of Great Britain and Northern Ireland, Uruguay.

B. Draft resolution A/C.4/50/L.19

8. At the 25th meeting, on 30 November, the representative of Cuba, on behalf of Bangladesh, Brunei Darussalam, Cuba, Djibouti, Egypt, Indonesia, Jordan, Malaysia, the Sudan, Tunisia, the United Arab Emirates and Yemen, introduced a draft resolution (A/C.4/50/L.19).

9. At the same meeting, the Committee adopted draft resolution A/C.4/50/L.19 by a recorded vote of 127 to 2, with 4 abstentions (see para. 14, draft resolution B). 1/ The voting was as follows: 3/

In favour: Algeria, Antigua and Barbuda, Argentina, Armenia, Australia, Austria, Azerbaijan, Bahamas, Bahrain, Bangladesh, Barbados, Belarus, Belgium, Benin, Bhutan, Bolivia, Bosnia and Herzegovina, Botswana, Brazil, Brunei Darussalam, Bulgaria, Burkina Faso, Canada, Chile, China, Colombia, Côte d'Ivoire, Croatia, Cuba, Cyprus, Czech Republic, Democratic People's Republic of Korea, Denmark, Djibouti, Ecuador, Egypt, Estonia, Ethiopia, Finland, France, Georgia, Germany, Ghana, Greece, Guinea, Guyana, Haiti, Honduras, Hungary, Iceland, India, Indonesia, Iran (Islamic Republic of), Ireland, Italy, Jamaica, Japan, Jordan, Kazakstan, Kenya, Kuwait, Lao People's Democratic Republic, Latvia, Lebanon, Libyan Arab Jamahiriya, Liechtenstein, Lithuania, Luxembourg, Malaysia, Maldives, Mali, Malta, Mauritania, Mauritius, Mexico, Mongolia, Morocco, Mozambique, Myanmar, Nepal, Netherlands, New Zealand, Niger, Nigeria, Norway, Oman, Pakistan, Panama, Paraguay, Peru, Philippines, Poland, Portugal, Qatar, Republic of Korea, Republic of Moldova, Romania, Samoa, Singapore, Slovakia, Slovenia, Solomon Islands, South Africa, Spain, Sri Lanka, Sudan, Suriname, Swaziland, Sweden, Syrian Arab Republic, Thailand, the former Yugoslav Republic of Macedonia, Togo, Trinidad and Tobago, Tunisia, Turkey, Uganda, Ukraine, United Arab Emirates, United Kingdom of Great Britain and Northern Ireland, United Republic of Tanzania, Uruguay, Venezuela, Viet Nam, Yemen, Zambia, Zimbabwe.

Against: Israel, United States of America.

Abstaining: Marshall Islands, Micronesia (Federated States of), Nicaragua, Russian Federation.

C. Draft resolution A/C.4/50/L.20

10. At the 25th meeting, on 30 November, the representative of Cuba, on behalf of Bangladesh, Brunei Darussalam, Cuba, Djibouti, Egypt, Indonesia, Jordan, Malaysia, the Sudan, Tunisia, the United Arab Emirates and Yemen, introduced a draft resolution (A/C.4/50/L.20).

11. At the same meeting, the Committee adopted draft resolution A/C.4/50/L.20 by a recorded vote of 122 to 2, with 8 abstentions (see para. 14, draft resolution C). 1/ The voting was as follows: 3/

In favour: Algeria, Antigua and Barbuda, Armenia, Australia, Austria, Azerbaijan, Bahamas, Bahrain, Bangladesh, Belarus, Belgium, Benin, Bhutan, Bolivia, Bosnia and Herzegovina, Botswana, Brazil, Brunei Darussalam, Bulgaria, Burkina Faso, Cameroon, Canada, Chile, China, Colombia, Côte d'Ivoire, Croatia, Cuba, Cyprus, Czech Republic, Democratic People's Republic of Korea, Denmark, Djibouti, Egypt, Estonia, Ethiopia, Finland, France, Georgia, Germany, Ghana, Greece, Guinea, Guyana, Haiti, Honduras, Hungary, Iceland, India, Indonesia, Iran (Islamic Republic of), Ireland, Italy, Jamaica, Japan, Jordan, Kenya, Kuwait, Lao People's Democratic Republic, Latvia, Lebanon, Libyan Arab Jamahiriya, Liechtenstein, Lithuania, Luxembourg, Malaysia, Maldives, Mali, Malta, Mauritania, Mauritius, Mexico, Mongolia, Morocco, Mozambique, Myanmar, Nepal, Netherlands, New Zealand, Niger, Nigeria, Norway, Oman, Pakistan, Paraguay, Peru, Philippines, Poland, Portugal, Qatar, Republic of Korea, Republic of Moldova, Romania, Samoa, Singapore, Slovakia, Slovenia, Solomon Islands, South Africa, Spain, Sri Lanka, Sudan, Suriname, Swaziland, Sweden, Syrian Arab Republic, Thailand, the former Yugoslav Republic of Macedonia, Togo, Trinidad and Tobago, Tunisia, Turkey, Uganda, Ukraine, United Arab Emirates, United Kingdom of Great Britain and Northern Ireland, United Republic of Tanzania, Venezuela, Viet Nam, Yemen, Zambia, Zimbabwe.

Against: Israel, United States of America.

Abstaining: Argentina, Barbados, Marshall Islands, Micronesia (Federated States of), Nicaragua, Panama, Russian Federation, Uruguay.

D. Draft resolution A/C.4/50/L.21

12. At the 25th meeting, on 30 November, the representative of Cuba, on behalf of Bangladesh, Brunei Darussalam, Cuba, Djibouti, Egypt, Indonesia, Lebanon, Malaysia, the Syrian Arab Republic, Tunisia, the United Arab Emirates and Yemen, introduced a draft resolution (A/C.4/50/L.21).

13. At the same meeting, the Committee adopted draft resolution A/C.4/50/L.21 by a recorded vote of 121 to 1, with 11 abstentions (see para. 14, draft resolution D). 1/ The voting was as follows: 3/

In favour: Algeria, Armenia, Australia, Austria, Azerbaijan, Bahrain, Bangladesh, Belarus, Belgium, Benin, Bhutan, Bolivia, Bosnia and Herzegovina, Botswana, Brazil, Brunei Darussalam, Bulgaria, Burkina Faso, Cameroon, Canada, Chile, China, Colombia, Côte d'Ivoire, Croatia, Cuba, Cyprus, Czech Republic, Democratic People's Republic of Korea, Denmark, Djibouti, Egypt, Estonia, Ethiopia, Finland, France, Georgia, Germany, Ghana, Greece, Guinea, Guyana, Haiti, Honduras, Hungary, Iceland, India, Indonesia, Iran (Islamic Republic of), Ireland, Italy, Jamaica, Japan, Jordan, Kazakstan, Kuwait, Lao People's Democratic Republic, Latvia, Lebanon, Libyan Arab Jamahiriya, Liechtenstein, Lithuania, Luxembourg, Malaysia, Maldives, Mali, Malta, Mauritania, Mauritius, Mexico, Mongolia, Morocco, Mozambique, Myanmar, Nepal, Netherlands, New Zealand, Niger, Nigeria, Norway, Oman, Pakistan, Panama, Paraguay, Peru, Philippines, Poland, Portugal, Qatar, Republic of Korea, Republic of Moldova, Romania, Samoa, Singapore, Slovakia, Slovenia, Solomon Islands, South Africa, Spain, Sri Lanka, Sudan, Suriname, Swaziland, Sweden, Syrian Arab Republic, Thailand, the former Yugoslav Republic of Macedonia, Togo, Trinidad and Tobago, Tunisia, Turkey, Uganda, Ukraine, United Arab Emirates, United Kingdom of Great Britain and Northern Ireland, United Republic of Tanzania, Venezuela, Viet Nam, Yemen, Zambia, Zimbabwe.

Against: Israel.

Abstaining: Antigua and Barbuda, Argentina, Bahamas, Barbados, Kenya, Marshall Islands, Micronesia (Federated States of), Nicaragua, Russian Federation, United States of America, Uruguay.

III. RECOMMENDATIONS OF THE SPECIAL POLITICAL AND
DECOLONIZATION COMMITTEE (FOURTH COMMITTEE)

14. The Special Political and Decolonization Committee (Fourth Committee) recommends to the General Assembly the adoption of the following draft resolutions:

Report of the Special Committee to Investigate Israeli Practices
Affecting the Human Rights of the Palestinian People and Other
Arabs of the Occupied Territories

A

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, 4/ as well as international standards of human rights, in particular the Universal Declaration of Human Rights 5/ and the International Covenants on Human Rights, 6/

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 uprising (intifadah) of the Palestinian people,

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

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 7/ and the relevant reports of the Secretary-General, 8/

Noting the signing of the Declaration of Principles on Interim Self-Government Arrangements, including its Annexes and its Agreed Minutes, by the Government of the State of Israel and the Palestine Liberation Organization at Washington, D.C., on 13 September 1993, 9/ as well as the subsequent implementation agreements, including the Agreement on the Gaza Strip and the Jericho Area signed at Cairo on 4 May 1994 10/ and the Interim Agreement on the West Bank and the Gaza Strip signed on 28 September 1995,

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; 7/

4. Expresses the hope that, in the light of the recent positive political developments, those policies and practices will be brought to an end immediately;

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, 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;

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 all necessary facilities to the Special Committee, 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-first session on the tasks entrusted to him in the present resolution;

9. Decides to include in the provisional agenda of its fifty-first 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".

B

The General Assembly,

Recalling its relevant resolutions,

Bearing in mind the relevant resolutions of the Security Council,

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 7/ and the relevant reports of the Secretary-General, 8/

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,

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, 11/ 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. Requests the Secretary-General to report to the General Assembly at its fifty-first session on the implementation of the present resolution.

C

The General Assembly,

Recalling its relevant resolutions and the resolutions of the Commission on Human Rights,

Bearing in mind the relevant resolutions of the Security Council, the most recent of which is resolution 904 (1994) of 18 March 1994,

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 7/ and the reports of the Secretary-General, 8/

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, 4/ to the occupied Palestinian territory, including Jerusalem, and other Arab territories occupied by Israel since 1967,

Welcoming the signing of the Declaration of Principles on Interim Self-Government Arrangements, including its Annexes and its Agreed Minutes, by the Government of the State of Israel and the Palestine Liberation Organization at Washington, D.C., on 13 September 1993, 9/ as well as the subsequent implementation agreements, including the Agreement on the Gaza Strip and the Jericho Area signed at Cairo on 4 May 1994 10/ and the Interim Agreement on the West Bank and the Gaza Strip signed on 28 September 1995,

Noting the withdrawal of the Israeli army, which took place in the Gaza Strip and the Jericho area in accordance with the agreements reached between the parties, and the initiation of the Palestinian Authority in those areas,

Concerned about the continuing violation of the human rights of the Palestinian people by Israel, the occupying Power, especially in the use of collective punishment, closure of areas, annexation and 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,

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,

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,

Expressing 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 resolution 904 (1994),

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, 4/ and contrary to the relevant resolutions of the Security Council are illegal and have no validity, and demands that Israel desist forthwith from taking any such measures or actions;

2. Reaffirms in particular that the Israeli settlements in the occupied Palestinian territory, including Jerusalem, and the other Arab territories occupied by Israel since 1967 are illegal and an obstacle to achieving comprehensive peace;

3. Notes with satisfaction the return of a number of deportees to the occupied Palestinian territory, and calls upon Israel to facilitate the return of the remainder;

4. Calls upon Israel, the occupying Power, to accelerate the release of all remaining Palestinians arbitrarily detained or imprisoned, in line with agreements reached;

5. Calls for complete respect by Israel, the occupying Power, of all fundamental freedoms of the Palestinian people, pending the extension of the self-government arrangements to the rest of the West Bank;

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

D

The General Assembly,

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 49/36 D of 9 December 1994,

Having considered the report of the Secretary-General of 20 October 1995, 12/

Recalling further 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 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, 4/ to the occupied Syrian Golan,

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

Welcoming the convening at Madrid of the Peace Conference on the Middle East on the basis of Security Council resolutions 242 (1967) of 22 November 1967 and 338 (1973) of 22 October 1973 aimed at the realization of a just, comprehensive and lasting peace, and stressing the need for rapid progress in all bilateral negotiations,

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, should rescind forthwith its decisions;

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, and have no legal effect;

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

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

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

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

F. Draft resolution A/SPC/45/L.32, as orally revised


18. At the 27th meeting, on 28 November, the Committee had before It. t.he text of a draft resolution sponsored by Afghanistan, Bangladesh, Brunei Darussalam, Burkina
'I.a. Faso, Cuba, Indonesia, Malaysia, Pakistan and Zambia, joined subsequently by the
Comoros, India and Madagascar (A/SPC/45/L.32), which read 8. as follows:

"The General Assembly,

"Deeply concerned that the Arab territories occupied since 1067 have been under continued 1.1'8.11 Israeli military occupation, .

"Recalling Security Council resolution 497 (1981) of 17 December 1081,

"Recalling also It. its resolutions 36/226 B of 17 December 1981, BS-9/1 of 5 February 1982,37/88 E of 10 December 1982, 38/79 r of 15 December 1983, 39/95 r of 14 December 1984,40/161 r of 16 December 1985,41/63 r of 3 December 1986, 42/160 r of 8 December'!~987, 43/21 of 3 November 1988, 43/58 r 01. 6 December 1988, 4..'. of 6 October 1989 and .4/48 r 01.
8 December 1989,

/ . . .



-

,;"

A/45/.23 IDql1.h Paq. 10

"Raving considered the report of t.he Secretary-General of 15 October 1990, 1/

"Recalling its previous resolutions, in particular resolution 3414 (XXX) of 5 December 1975,31101 of 9 December 1976, 32/20 of 25 November 1977,33/28 and 33/29 of 7 December 1978,34/70 of 6 December 1979 and 35/122 I of 11 December 1980, in which, inter alia, it. called upon Israel t.O put an end t.o It. occupation of the Arab territories and to withdraw from .11 all those
t...1'1' i territories, ,

"Reaffirming once more the illegality of 1.1'..1'1 Israel's decision of 1. December 1981 to impose its 1.w., laws, jurisdiction and administration on t.h.
Syrian Arab Golan, which has resulted in t.h. the effective annexation of t.hat.
territory,

"Reaffirming t.hat t.h. acquisition of territory by fora. J.8 is inadmissible under the Charter of the United Nations and that all territories thus occupied by 111'a.l must b. returned,

"Recalling the O..D.V"'\ Geneva Convention relative to t.h. Protection of Civilian Persons in Time of ".r, of 12 August 1949, J.I

"Reaffirming t.h. the applicability of the Fourth Geneva Convention to the
occupied Syrian Arab Golan,

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

"1. Strongly condemns Israel, t.h. occupying Power, for It. its refusal to comply with t.h. the relevant resolutions of the General Assembly and t.h. the Security Council, particularly Council resolution 497 (1981), in which the Council, inter alia, decided t.h.t. t.he Israeli decision to impose It. law., jurisdiction and administration on the occupied Syrian Arab Golan was null and void and without international legal effect and demanded that Israel, t.he ocupying Power, should rescind forthwith it. its decision;

.'2 . Condemns i..he the persistence of Israel in changing the physical character, demographic composition, institutional structure and legal status of t.he occupied Syrian Arab Golan;

"3. Determines t.hat all legislative and administrative measures and actions taken or t.0 b. to be taken by Israel, the occupying Paver, that purport. to alter the character and legal status of the Syrian Arab Golan are null and


..11

A/45/613.

I'il UDlted NatloD8, '1'r8atx Ser18s, vol. 75, No.973.

I. . .




A/45/823 BD9118h PaCJe 11

void, constitute a flagrant violation of international lev law and of the Geneva Convention relative to t.he Protection of Civilian Persons in Time of War, Of 12 August 1940, and have DO no legal effect,

"4. Deplores t.he Israeli practices regarding t.he confiscation of lands and the diversion of water resources to the Israeli settlements, 8. as well as the social, economic and cultural changes imposed by 1.1'8.11 Israeli authorities over t.he occupied Syrian Arab Golan, which have resulted 10 t.he deterioration of the status of the Syrian Arab citizens at the occupied Syrian Arab Golan and in preventing the exportation of their agricultural products;

"5. Strongly condemns Israel for it.. attempt.. forcibly to impose Israeli citizenship and Israeli identity card. on the Syrian citizens ID the occupied Syrian Arab Golan, and calling upon it. to desist from it. repressive measures against t.he population of the Syrian Arab Golan;

"6. Deplores t.he violations by Israel of t.he Geneva Convention relative to the Protection of Civilian Persons 10 Time of War, of 12 August 19.91

"7. Call. once again upon Member Stat... not t.O to recognize any of the legislative or administrative measures and actions referred t.O to above;

"8. Requests the Secretary-General t.O r.port. t.O the General Assembly at it. forty-sixth session OD the implemeDtatioD of the pl'e..Dt l'eso1utioD."

19. At t.he 8ame m.et.iDq, t.he r.pre..Dt.ativ. of BaDglad.8~ iDtl'oduced th. draft r.lo1ut1oD aDd, OD behalf of the apOD.Orl, orally I'evi..d the te.t by deletiD9 op.rative paragraph 4.

20. At th. .ame meetiD9' t.h. ColNnittee adopt.ed 4l'aft. l'e.olutioD AISPC/45/L.32, 8.
orally rev.i.ed, bye tecord...d vote of 119 to 1, with 1 ab.t.eDtion (.ee pal'a. 25, draft r.so1ut.ion r). '1'h. votin9 we. 8. follow.. Ii

In favaurl

AfCJhaDi.t.aD, AlbaDla, Alg.r1a, AD9ola, Arq.DtiDa, Au.tra11a, Au8trJ.a, Bahama., Bahrain, BaDg1ad..h, Bal'bado., B.l9iwn, BeDiD, Bo11via, Bot8waDa, Bra.il, Bl'unei Daruaa.lam, Bu1qarla, BurkiDa ra.o, By.loru..1aD Soviet Soc1al1.t. Republic, Cam.rOOD, CaDada, Central African aepublic, Chi1., ChiD., Colombia, CODqO, Cost.a Rica, cat.e d'Ivoit., Cuba, Cyprus, C..cho.lovakia, Dlomark, Dj.ibout1, Ecuador, Egypt., Et.h1op1a, rii1, F1D1aDd, rraDCe, Gel'llaDy, GhaDa, Greec., GulDea, GuyaDa, Ha1t1, HuD9.ry, Ic.1aDd, India, Indon..1a, IreD (I.lam1c aepubl1c of), Iraq, .Irel.Dd, It.aly, Jamaica, Japan, JordaD, K8Dya, LebaDOD, Le.otho, Libyan Al'ab Jamahiriya, Liecht..D.t.1D, Luembour9, Madaq.scar, Malay81a, Maldive., Mali, Malta, Maur1t.aDla, Me.1co, MoDqol1a, Morocco, Mozambique, Myanmar, NMibia, N.pal, Net.h.rlaDd., New ZealaDd, Nicaragua, Niger, Nigeria, Norway, Omu, Pak18taD, Pel'u, Phi1ipp1nel, Po1aDd, Port.ugal, Qatar, aoman1a, Samoa, Saudi Arabia, SeDe9al, Sierra Leone, Singapore, Somalia, Spa1D, S-:1 Lanka, Sudan, Suriname, Swaliland, Sweden, Syrian Arab Republic,

1...
Notes

1/ Statements in explanation of vote were made by the representatives of Australia, Canada, Chile, Colombia, the Islamic Republic of Iran, the Libyan Arab Jamahiriya, Spain (on behalf of the European Union), the Republic of Korea, the Russian Federation and Uruguay.

2/ Subsequently, the delegations of Afghanistan, Azerbaijan, Saudi Arabia and Senegal informed the Committee that, had they been present at the time of the vote, they would have voted in favour of the draft resolution, and the delegation of Andorra informed the Secretariat that it would have abstained.

3/ Subsequently, the delegations of Afghanistan, Andorra, Saudi Arabia and Senegal informed the Committee that, had they been present at the time of the vote, they would have voted in favour of the draft resolution.

4/ United Nations Treaty Series, vol. 75, No. 973.

5/ Resolution 217 A (III).

6/ Resolution 2200 A (XXI), annex.

7/ See A/50/170, A/50/282 and A/50/463.

8/ A/50/657 to A/50/660.

9/ A/48/486-S/26560, annex.

10/ A/49/180-S/1994/727, annex.

11/ United Nations Treaty Series, vol. 75, Nos. 970-973.

12/ A/50/660.


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