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UNITED
NATIONS
A S

        General Assembly
        Security Council
A/50/176
S/1995/376

9 May 1995

GENERAL ASSEMBLY SECURITY COUNCIL
Fiftieth session Fiftieth year
Items 42, 44 and 85 of
the preliminary list*
QUESTION OF PALESTINE
THE SITUATION IN THE MIDDLE EAST
REPORT OF THE SPECIAL COMMITTEE TO
INVESTIGATE ISRAELI PRACTICES
AFFECTING THE HUMAN RIGHTS OF THE
PALESTINIAN PEOPLE AND OTHER ARABS
OF THE OCCUPIED TERRITORIES


Letter dated 8 May 1995 from the Permanent Observer
of Palestine to the United Nations addressed to the
Secretary-General


In my capacity as Chairman of the Arab Group for May 1995, I have the honour to transmit to you herewith a copy of resolution No. 5487, entitled "The issue of Jerusalem", adopted by the Council of the League of Arab States at its extraordinary session held on Saturday, 6 May 1995.

I should be grateful if you would have this letter and its annex circulated as a document of the General Assembly, under items 42, 44 and 85 of the preliminary list, and of the Security Council.


(Signed) Nasser AL-KIDWA
Permanent Observer of Palestine
to the United Nations
Chairman of the Arab Group for May 1995



________________________

* A/50/50.
ANNEX

Resolution No. 5487
adopted by the Council of the League of Arab States
at its extraordinary session on
7 Dhu'lhijjah A.H. 1415
(6 May A.D. 1995)
concerning
the issue of Jerusalem


The issue of Jerusalem

The Council of the League,

Having considered the letter dated 1 May 1995 from President Yasser Arafat to the Secretary-General of the Council of the League of Arab States, and the note of the General Secretariat,

Having considered also the resolutions adopted by the Arab Summit Conferences, by the Council of the League of Arab States and by Islamic Conferences; in addition to resolutions adopted by the United Nations and its specialized organizations which are concerned with the situation of the city of Jerusalem; as well as the contents of the speech made by H.E. the Secretary-General of the Council of the League of Arab States to this session,

Convinced that the Holy City of Jerusalem is an indivisible part of the Arab lands occupied since 1967, quite apart from its special significance for the Arab world as well as Islamic and Christian society,

Taking into consideration the threats posed to the city of Jerusalem by Israel's continuing implementation of its policy, particularly the Israeli Government's recent decision to expropriate Palestinian land in order to build settlements, thereby extirpating Palestinian Arabs and their rights from the holy city, and contradicting the foundations and principles of the peace process, which has as its basis Security Council resolutions 242 (1967) and 338 (1973), as well as the principle of land for peace, which began with the Madrid Peace Conference and was followed by other concessions and attempts to bring about a just and comprehensive peace,

Decides:

1. Unanimously to condemn the Israeli Government's decision to expropriate more Palestinian land within and around Jerusalem, which constitutes a violation of the precepts of international legality, a threat to international law and order, and a breach of relevant Security Council resolutions, as well as of the rules and principles of international law and the fourth Geneva Convention of 1949 relative to the Protection of Civilian Persons in Time of War, to say nothing of the extremely serious threat this decision poses to the entire peace process, upsetting the equilibrium of the obligations and rights which give the peace process credibility and make it acceptable.

2. Not to recognize under any circumstances any alterations made by Israel in its capacity as occupying State to the legal status, demographic composition or geographical form of the city of Jerusalem, and to call upon all the countries of the world to affirm their refusal to recognize such changes, which constitute a serious threat to the existing peace process and to the opportunities for peace both now and in the future, in accordance with Security Council resolution 478 (1980).

3. To deny Israel's claim that Jerusalem is its eternal capital, and refuse to recognize that under any circumstances; and to call upon every State in the world to refuse to have dealings with Jerusalem as the Israeli capital.

4. (a) That the Secretary-General and the Arab States should immediately contact the United States of America and the Russian Federation as sponsors of the peace process, permanent and non-permanent members of the Security Council and the States of the European Union, asking them to state plainly their position on these Israeli violations, which are incompatible with the requirements of the peace process.

(b) That the Arab States should support the Palestinian Arab presence and its institutions in the Holy City of Jerusalem.

5. (a) To commission the Kingdom of Morocco, by virtue of the Moroccan monarch's Presidency of the Jerusalem Committee, and the United Arab Emirates, in its capacity as Chairman of the current session, to request that an immediate meeting of the Security Council should be held in order to discuss the matter and declare the illegality of the Israeli decision, Israel's duty to rescind the decision to expropriate Palestinian land within and outside the city of Jerusalem, to halt its settlements programmes, bring to an end the closure of the city and cease all Israeli excavations which jeopardize the foundations of the Al-Aqsa Mosque, in order to guarantee the continuation of the peace process and achieve its aims, which are founded on the decisions of international law, Security Council resolutions 252 (1968), 267 (1969), 465 (1980), 476 (1980) and 478 (1980), the resolutions of the General Assembly of the United Nations and relevant UNESCO resolutions.

(b) To affirm the necessity of taking security measures to protect all public and private Palestinian land without exception, and to have the Security Council take into consideration the special situation in the city of Jerusalem.

6. That the Secretary-General should follow the implementation of this decision and the necessary communications to be made to the United Nations, the Organization of the Islamic Conference and the Group of the Non-Aligned Movement, and present a report thereon to the Council; and that it considers this session remains open.
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