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"As is" reference - not a United Nations document

Source: Non-Aligned Movement
25 February 2003



Final Document of the XIII Conference of Heads of State or Government of the Non-Aligned Movement Kuala Lumpur, 24 - 25 February 2003

Introduction

1. The Heads of State or Government of the Movement of the Non-Aligned Countries met in Kuala Lumpur, Malaysia, from 24 – 25 February 2003, to address the crucial global issues affecting their peoples with the view to agreeing to a set of actions in the promotion of peace, security, justice, equality, democracy and development, conducive for a multilateral system of relations based on the principles of sovereignty, territorial integrity and political independence of States, the rights of peoples to self-determination and non-intervention in matters which are essentially within the jurisdiction of States, in accordance with the Charter of the United Nations and international law.

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CHAPTER I: GLOBAL ISSUES

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81. The Heads of State or Government reiterated the support for the establishment in the Middle East of a zone free of all weapons of mass destruction. To this end, they reaffirmed the need for the speedy establishment of a nuclear-weapon-free zone in the Middle East in accordance with the Security Council Resolution 487 (1981) and paragraph 14 of the Security Council Resolution 687 (1991) and the relevant General Assembly resolutions adopted by consensus. They called upon all parties concerned to take urgent and practical steps towards the fulfilment of the proposal initiated by Iran in 1974 for the establishment of such a zone and, pending its establishment, they demanded on Israel, the only country in the region that has not joined the Treaty on the Non-Proliferation of Nuclear Weapons (NPT) nor declared its intention to do so, to renounce possession of nuclear weapons, to accede to the NPT without delay, to place promptly all its nuclear facilities under IAEA full-scope safeguards according to Security Council Resolution 487 (1981) and to conduct its nuclear related activities in conformity with the non-proliferation regime. They expressed great concern over the acquisition of nuclear capability by Israel which poses a serious and continuing threat to the security of neighbouring and other States and condemned Israel for continuing to develop and stockpile nuclear arsenals. They were of the view that stability cannot be achieved in a region where massive imbalances in military capabilities are maintained particularly through the possession of nuclear weapons which allow one party to threaten its neighbours and the region. They further welcomed the initiative by H.E. Mr. Mohammed Hosni Mubarak, President of the Arab Republic of Egypt, on the establishment of a zone free from weapons of mass destruction in the Middle East. They stressed that necessary steps should be taken in different international fora for the establishment of this zone. They also called for the total and complete prohibition of the transfer of all nuclear-related equipment, information, material and facilities, resources or devices and the extension of assistance in the nuclear related scientific or technological fields to Israel. In this regard, they expressed their serious concern over the continuing development whereby Israeli scientists are provided access to the nuclear facilities of one Nuclear Weapon State. This development will have potentially serious negative implications on the regional security as well as the reliability of the global non-proliferation regime.

82. The Heads of State or Government of the States Parties to the NPT welcomed the outcome of the 2000 Review Conference of the Parties to the Treaty. In this regard, they reiterated their call and the firm commitment by all States parties to the Treaty and called for the full implementation of the unequivocal undertaking given by the Nuclear Weapons States to the total elimination of their nuclear arsenals. They expected that this undertaking be demonstrated without delay through an accelerated process of negotiations and through the full implementation of the thirteen practical steps to advance systematically and progressively towards a nuclear-weapon-free world. Pending the total elimination of nuclear weapons, they also recalled that the 2000 Review Conference in its Final Document reiterated that legally binding security assurances by the five nuclear weapons states to the non-nuclear weapon States Parties to the Treaty strengthen the nuclear non-proliferation regime. They took note of the First Preparatory meeting for the 2005 NPT Review Conference and emphasised the need for a substantive interaction beyond formal exchange of views between the States Parties at these meetings. The issues raised at the Preparatory meetings need to be addressed so as to continue strengthening the implementation of the Treaty and the undertakings agreed upon at the 2000 NPT Review Conference, and also to lay the necessary foundation for the development of recommendations at the Third Preparatory session for the 2005 Review Conference. They recalled that specific time was made available at the 2000 Review Conference and its Third Preparatory session for the discussion on and consideration of proposals on the provisions in Article VI of the NPT and in paragraphs 3 and 4 (C) of the 1995 decision on "Principles and Objectives for Nuclear Non-Proliferation and Disarmament", dealing with nuclear disarmament, as well as on the Resolution on the Middle East adopted at the 1995 Review and Extension Conference. In this context, they reaffirmed the importance to establish at the 2005 Review Conference a subsidiary body to Main Committee I to deliberate on practical steps for systematic and progressive efforts to eliminate nuclear weapons, as well as a subsidiary body to Main Committee II to consider and recommend proposals on the implementation of the resolution on the Middle East adopted by the 1995 Review and Extension Conference of the NPT. In this regard, they emphasised the need for Preparatory Committee meetings to continue to allocate specific time for deliberations on nuclear disarmament, implementation of the 1995 resolution on the Middle East, and security assurances. They also welcomed the accession of Cuba to the NPT.

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CHAPTER II: ANALYSIS OF THE INTERNATIONAL SITUATION

PALESTINE AND THE MIDDLE EAST



Palestine

135. The Heads of State or Government, recalling the historic injustices inflicted upon the Palestinian people, reiterated their traditional principled support for and longstanding solidarity with the Palestinian people. They recalled, in this regard, that in 1948 more than half of the Palestinian people were uprooted from their land, homes and properties, dispossessed and forced to live as refugees until today, awaiting the implementation of United Nations resolution 194(III). They also recalled that the establishment of the State of Palestine, in accordance with United Nations Resolution 181(II), has been obstructed for more than fifty years. They further recalled that the remainder of the Palestinian territory has been under foreign occupation of Israel since 1967, and that since that time the Palestinian people in the Occupied Palestinian Territory, including East Jerusalem, have been subjected to the continuous oppression and brutality of the occupation. They further noted that the occupying power has systematically established and expanded settlements which reflect a new and special form of settler colonialism.

136. The Heads of State or Government expressed their deep concern at the tragic situation prevailing in the Occupied Palestinian Territory, including East Jerusalem, since 28 September 2000. In this regard, they strongly condemned the systematic human rights violations and reported war crimes that have been committed by the Israeli occupying forces against the Palestinian people. They condemned in particular the wilful killing of Palestinian civilians, including extrajudicial executions; the wanton destruction of homes, infrastructure and agricultural lands; the detention and imprisonment of thousands of Palestinians; and the imposition of collective punishment on the entire Palestinian population, including severe restrictions on the movement of persons and goods and prolonged curfews, resulting in the socio economic debilitation of the Palestinian people, amounting to a dire humanitarian crisis.


137. The Heads of State or Government condemned land confiscation, settlement building and the transfer of Israeli nationals to the Occupied Territory that have been carried out by Israel, the occupying Power, in the Occupied Palestinian Territory, including East Jerusalem. This settler colonialism has also aimed at negating the national rights and the existence of the Palestinian people. The Heads of State or Government affirmed and called upon all Member States to take the necessary measures to ensure the immediate end and reversal of this settler colonialism. The Heads of State or Government recalled in this regard the many relevant Security Council resolutions on all illegal Israeli measures, including measures and action taken by Israel to change the status, character and demographic composition of Jerusalem, which are null and void, and called for full implementation of those resolutions.


138. The Heads of State or Government underscored the obligations of the High Contracting Parties to the Fourth Geneva Convention and Additional Protocol 1, which are applicable to all of the territory occupied by Israel since 1967, to respect and to ensure respect of the Convention and Additional Protocol 1 in all circumstances. They reaffirmed the obligations of the High Contracting Parties with regard to penal sanctions, grave breaches and responsibilities of the High Contracting Parties. They affirmed the importance of and called for the application of legal remedies without impunity, to war crimes committed in the Occupied Palestinian Territory, including East Jerusalem. The Heads of State or Government expressed the necessity of upholding international law, international humanitarian law and the purposes and principles of the Charter of the United Nations with regard to the question of Palestine.

139. The Heads of State or Government reiterated that unwavering support for the realisation of the inalienable rights of the Palestinian people, including the right to national independence and the exercise of sovereignty in their State, Palestine, with East Jerusalem as its capital. They reaffirmed that the question of Palestine is the crux of the Arab-Israeli conflict. In this regard, they also reaffirmed the responsibility of the international community, particularly the permanent responsibility of the United Nations, including Security Council, until the question of Palestine is resolved in all its aspects.

140. The Heads of State or Government reiterated their support for a peaceful settlement of the question of Palestine and the Arab-Israeli conflict as a whole. In this regard, they reiterated support for the longstanding position of the international community of a two-State solution of Israel and Palestine. They stressed the imperative of the withdrawal of Israel from all of the territory occupied in 1967, bringing an effective end to its occupation, as well as the right of all States in the region to security and peace. In this regard, they reaffirmed the importance of Security Council Resolutions 242 (1967), 338 (1973) and 1397 (2002) and the principle of land for peace as the basis for a peaceful solution. While expressing grave concern about the disintegration the peace process has suffered, they reiterated their calls for an internationally-promoted peace settlement and the intensification of efforts to revitalise the process towards the achievement of a just, lasting and comprehensive peace.


Syrian Golan


141. The Heads of State or Government reaffirmed that all measures and actions taken, or to be taken by Israel, the occupying power, such as its illegal decision of 14 December 1981 that purports to alter the legal, physical and demographic status of the occupied Syrian Golan and its institutional structure, as well as the Israeli measures to apply its jurisdiction and administration there, are null and void and have no legal effect. They also reaffirmed that all such measures and actions, including the illegality of Israeli settlement construction activities in the Occupied Syrian Golan since 1967 constitute a flagrant violation of international law, international conventions, the Charter and decisions of the United Nations, particularly Security Council resolution 497 (1981), the Fourth Geneva Convention of 12 August 1949 on the Protection of Civilians in Time of War, and the defiance of will of the international community. They reiterated the Movement’s demand that Israel comply with Security Council resolution 497 (1981) and withdraw fully from the occupied Syrian Golan, to the lines of 4 June 1967, in implementation of Security Council resolutions 242 and 338, and that Israel adheres to the Madrid terms of reference based on the principle of land for peace, which are in their entirety considered to be a primary and basic element in the negotiation process that should be adhered to, including the immediate commencement of the demarcation of the 4 June 1967 line.


142. The Heads of State or Government reaffirmed the NAM’s unwavering support and solidarity with the Syrian just demand and rights to restore the full Syrian sovereignty over the occupied Syrian Golan on the basis of the terms of reference of the Madrid peace process, the decisions of the international legitimacy, as well as the principle of land for peace. They again demanded that Israel respects all commitments and pledges it entered into with the aim of laying down the basis for a substantive progress on the Syrian-Israeli track.


Lebanon

143. The Heads of State or Government reaffirmed Lebanon’s legitimate right to defend its territories and to liberate the remaining parts under Israeli occupation and demanded that Israel puts an end to its continuous: threats, aggression and violations of the Lebanese territories, air space and territorial waters. They reiterated their support for the sovereignty and territorial integrity of Lebanon and its right on its natural resources and for Lebanon’s demand to maintain the peacekeeping mission deployed in Southern Lebanon (UNIFIL) without any further reduction in the number of its troops and without any change in the nature of its mandate in accordance with Resolutions 425 (1978) and 426 (1978). They encouraged and supported all international efforts aimed at expediting the removal of landmines planted by Israel during its occupation of Southern Lebanon, and called on Israel to release all Lebanese prisoners in Israeli jails, detained in defiance of the Fourth Geneva Convention of 1949 and its relevant protocols.


The Peace Process

144. The Heads of State or Government reaffirmed their support for the Middle East peace process based on Security Council Resolutions 242, 338, 425 and the principle of land for peace. They reiterated the need for ending the Israeli occupation of all occupied territories since 1967 and the establishment of the State of Palestine with Jerusalem as its capital. The Ministers welcomed and supported the Arab peace initiative adopted by the 14th Arab Summit in Beirut. They urged the Security Council to act upon that initiative towards achieving just and comprehensive peace in the Middle East.

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Security and Co-operation in the Mediterranean

208. On developments in the Mediterranean region, the Heads of State or Government reiterated the Movement’s determination to intensify the process of dialogue and consultations in the promotion of comprehensive and equitable cooperation in the region towards resolving the problems existing in the Mediterranean region, in the elimination of the causes of tension and the consequent threat to peace and security, respect for self determination, elimination of foreign occupation, foreign bases and fleets, non-interference in the internal affairs and respect for the sovereignty of states as prerequisites for the establishment of peace and stability in the Mediterranean region. In this regard, they welcomed the various conferences held as part of the Barcelona process in order to provide a strong stimulus to relations in the Euro Mediterranean region and to give this process a comprehensive, balanced and multidimensional approach based on the necessary balance between the three parts of Barcelona Declaration.

209. They welcomed the consultations within the (5+5) framework and stressed the importance of their continuation with the aim of contributing to finding solutions to common concerns, including economic and technological inequalities between the countries in the region. In this regard, they expressed their expectation that the (5+5) Summit to be held in Tunisia during the Second Part of 2003 will give a new impetus to this dialogue.



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