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Source: United Nations Educational Scientific and Cultural Organization (UNESCO)
27 August 1984


ex


Hundred-and-twentieth Session


120 EX/14
PARIS, 27 August 1981
Original: English/French

Item 5.3.1 of the provisional agenda

JERUSALEM AND THE IMPLEMENTATION OF 22 C/RESOLUTION 11.8



SUMMARY

In resolution 11.8 adopted at its twenty-second session, the General Conference requested the Director-General to keep the Executive Board informed of developments in the situation regarding cultural property in Jerusalem. In this document the Director-General submits to the Executive Board the information relating to the cultural heritage of Jerusalem available to him at 10 August 1984.



I. INTRODUCTION

1. At its twenty-second session, the General Conference considered the Director-General’s report on ‘Jerusalem and the application of 21 C/Resolution 4/14’ (documents 22 C/90 and 22 C/90 Add.) and adopted resolution 11.8, the text of which is annexed hereto. In the operative part of that resolution the General Conference:


II. COMMUNICATIONS RECEIVED BY THE DIRECTOR-GENERAL CONCERNING JERUSALEM

2. On 31 January 1984 the Director-General received a cable from the Director- General of the Arab Educational, Cultural and Scientific Organization (ALECSO), informing him of an incident that occurred during the night of 26-27 January 1984 in the Haram al-Sharif enclosure. The text of that cable, which was transmitted by the Secretariat to the Permanent Delegate of Israel to Unesco in a letter dated 16 March 1984, with a request for his government’s comments, is reproduced below:


3. On 8 February 1984, the Director-General received, through the Permanent Delegate of Jordan to Unesco, a communication from the Minister of Foreign Affairs of Jordan, concerning the above-mentioned incident. This communication was transmitted by the Secretariat to the Permanent Delegate of Israel to Unesco under cover of a letter dated 15 March 1984, accompanied by a request for his government’s comments. The text of the communication is reproduced below:
Minister of Foreign Affairs’

4. The Director-General has received a letter dated 29 February 1984, in which the Permanent Delegate of Saudi Arabia, on behalf of the Arab Group, drew his attention to the incident which occurred in the Haram al-Sharif. This letter was communicated by the Secretariat to the Permanent Delegate of Israel to Unesco on 4 April 1984, with a request for his government’s comments. The text of the letter was as follows:

‘Paris, 29 February 1984
5. Furthermore, the Ministry of Education and the National Commission for Education, Culture and Science of Jordan have sent a memorandum to the Director-General on this incident. The text of this memorandum, which the Director-General received on 12 March 1984, is reproduced below:
6. The Director-General has received from the Permanent Delegate of Israel to Unesco a communication, dated 2 May 1984, referring to the letter sent to the Director-General on 29 February 1984 by the Permanent Delegate of Saudi Arabia on behalf of the Arab Group. This communication reads as follows:

‘Paris, 2 May 1984

7. The Communication of 2 May 1984 from the Permanent Delegate of Israel to Unesco was transmitted on 5 June 1984 by the Secretariat to the Chairman of the Arab Group, the Permanent Delegate of Saudi Arabia.

8. The Permanent Delegate of Jordan to Unesco also addressed to the Director-General, by letter dated 1 June 1984, a note from the Ministry of Foreign Affairs of Jordan dated 19 May 1984 informing him of a subsidence which occurred on 26 March 1984 in the steps leading to the entrance to the Higher Islamic Council, located in the vicinity of the Al-Aqsa Mosque in Jerusalem. The texts of this letter and note were transmitted by the Secretariat to the Permanent Delegate of Israel to Unesco under cover of a letter dated 27 July 1984 requesting the observations of her government, and are reproduced below:


‘1 June 1984

Note from the Jordanian Ministry of Foreign Affairs

(19 May 1984)


III. MISSION OF THE PERSONAL REPRESENTATIVE OF THE DIRECTOR-GENERAL

9. In pursuance of 22 C/Resolution 11.8, the Director-General instructed his personal representative, Mr Raymond Lemaire, Professor at the University of Louvain, to visit Jerusalem, which he did from 21 to 27 July 1984. Following his mission, which was carried out after consultation with the Government of Israel, Professor Lemaire delivered to the Director-General his report, which is reproduced in full below:

IV. APPLICATION OF THE CONVENTION FOR THE PROTECTION OF CULTURAL PROPERTY IN THE EVENT OF ARMED CONFLICT (THE HAGUE, 14 MAY 1954)

10. At its 114th session, the Executive Board was informed, firstly, that Professor H.R. Sennhauser (of Swiss nationality) had agreed to carry out the functions of Commissioner-General for Cultural Property accredited to the Government of Israel and, secondly, that the steps taken with a view to the appointment of a Commissioner-General for Cultural Property to be accredited to the Governments of the Hashemite Kingdom of Jordan, Lebanon and the Syrian Arab Republic had had to be started afresh, since Professor C. Brandi (of Italian nationality) had been unable to accept the appointment. As soon as these steps have been successfully completed, the Director-General will make the necessary arrangements to enable the Commissioners-General to discharge their task at the earliest possible date.

11. In this document, the Director-General conveys to the Executive Board all the information concerning Jerusalem in his possession at 10 August 1984. He will continue to do everything within his power to ensure that the resolutions of the General Conference and the decisions of the Executive Board are put into effect and he will spare no effort with a view to the preservation of the City of Jerusalem, which belongs to the heritage of all mankind.



ANNEX

Jerusalem and the application of 21C/Resolution 4/14

The General Conference,

Recalling the Constitution of Unesco and its objectives relating to the preservation and protection of the world heritage of monuments of historical and scientific value,

Considering the exceptional importance of the cultural property in the City of Jerusalem, not only to the countries directly concerned but to all humanity,

Recalling all the relevant resolutions and decisions adopted by the General Conference and the Executive Board of Unesco, in particular 21C/Resolution 4/14,

Recalling that the General Conference, by that resolution, invited the Executive Board to review developments in the situation regarding Jerusalem and to take any measures that it might consider appropriate, and invited the Director-General to keep a constant watch on the execution of the resolutions and decisions concerning Jerusalem,

Having noted the report contained in document 22C/90, and in particular the report (116EX/18) submitted by the Director-General to the Executive Board at its 116th session,

Considering with consternation and concern that the Israeli occupying authorities are persisting in their refusal to apply the above-mentioned resolutions and decisions,

Noting specifically:

(a) that those authorities are continuing to carry out excavations and are undertaking civil engineering and building operations detrimental to the historical and cultural character of the Holy City,

(b) that the archaeological excavations and constructions begun and continued since 1967 are causing irreparable damage and harm to the Holy City of Jerusalem,

(c) that the A1-Aqsa Mosque is more and more seriously and gravely endangered as a result of excavations and of the acts of armed aggression that have been perpetrated against it by fanatical groups,

(d) that the objective of the establishment of Jewish colonies around the City of Jerusalem and of small Jewish religious communities inside the city is the judaization of the City of Jerusalem,

Considering further that, in persisting in their policy of annexation of Jerusalem, the Israeli authorities are deliberately refusing to abide by the decisions of the United Nations and Unesco in the matter,

Considering that the above-mentioned policy and practices, which have repeatedly been denounced and condemned by the international community, constitute a constant violation of the Charter of the United Nations, the Constitution of Unesco and the international conventions and recommendations relating to the protection of cultural property in the occupied territories,

1. Reaffirms the previous resolutions and decisions of the General Conference and the Executive Board concerning cultural property in Jerusalem;

2. Endorses decision 5.4.1 adopted by the Executive Board at its 116th session;

3. Strongly condemns Israel’s persistent refusal to abide by those resolutions and decisions, and its policy of judaization and annexation of the City of Jerusalem;

4. Invites the Member States of Unesco to undertake all necessary action, by such means as they may deem appropriate, to put an end to this situation;

5. Thanks the World Heritage Committee for its decision to include the Old City of Jerusalem and its walls on the List of World Heritage in Danger and invites it to continue its activities for the protection and safeguarding of cultural property in the city;

6. Thanks the Director-General for the continued efforts he has made to ensure implementation of the relevant resolutions and decisions, while maintaining Unesco’s presence in the city;

7. Requests the Director-General to keep the Executive Board informed of developments in the situation;

8. Decides to include this question in the agenda of its twenty-third session.


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