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Source:
31 December 1991
YEARBOOK
OF THE
UNITED NATIONS

1991



Volume 45




Department of Public Information
United Nations, New York



Middle East

Throughout 1991, the search for a peaceful settlement of the Arab-Israeli conflict continued to be vigorously pursued by various organs and bodies of the United Nations. Although not held under United Nations auspices, the peace conference that took place at Madrid, Spain in October/November under the co-sponsorship of the USSR and the United States was welcomed by the General Assembly as a significant step towards the establishment of a comprehensive, just and lasting peace in the Middle East. At the same time, the Assembly considered that the convening of an international Middle East peace conference under United Nations auspices and with the participation of all parties to the conflict, including the Palestine Liberation Organization, would contribute to the promotion of peace.

The Palestine question—reaffirmed by the Assembly as the core of the Middle East situation—was kept under review by the Committee on the Exercise of the Inalienable Rights of the Palestinian People (Committee on Palestinian rights). The Committee recalled the principles for a solution to the question and for a comprehensive peace, and expressed its support for the intifadah, the Palestinian uprising, which entered its fourth year in December. It underlined the necessity for protecting the Palestinians in the Israeli-occupied territory and affirmed the United Nations responsibility for assistance to promote their socio-economic development. The Assembly endorsed the Committee's recommendations and drew the Security Council's attention to the fact that action was still pending on its original 1976 recommendations concerning realization of the Palestinians' inalienable rights.

The United Nations Department of Public Information continued its special information programme on the Palestine question, with special emphasis on public opinion in Europe and North America, and was requested by the Assembly to do so again during 1992-1993.

Assistance to Palestinians was provided by various United Nations organizations. The Assembly called for the immediate lifting of Israeli restrictions hindering the implementation of assistance projects and called for an increase in assistance taking into account the economic losses of the Palestinians as a result of the hostilities in the Persian Gulf (see PART TWO, Chapter III).

The situation in Lebanon was marked by continued hostilities and violence throughout the year. However, the Government was able to extend its authority beyond the greater Beirut area. Militias were successfully disbanded and their weapons turned aver to the Lebanese army. In the most southern part of the country, however, Israel consolidated its hold over the area it controlled, increasingly separating it from the rest of Lebanon. The Security Council twice extended, for periods of six months each, the mandate of the United Nations Interim Force in Lebanon. The Council members also reaffirmed their commitment to the full sovereignty independence, territorial integrity and national unity of Lebanon within its internationally recognized boundaries, and asserted that any State should refrain from the threat or use of force against the territorial integrity or political independence of any State.

The Council similarly twice extended the mandate of the United Nations Disengagement Observer Force, which continued to supervise the observance of the cease-fire between Israel and the Syrian Arab Republic in the Golan Heights and to ensure that there were no military forces in the area of separation between the two countries. The Assembly again declared null and void Israel's 1981 decision to impose its laws, jurisdiction and administration in the Golan Heights, which, it said, had resulted in their effective annexation.

The Committee on Palestinian rights and the Special Committee to Investigate Israeli Practices Affecting the Human Rights of the Palestinian People and Other Arabs of the Occupied Territories reported a further deteriorating situation of the Palestinian inhabitants of the occupied territories, especially in the West Bank and Gaza, with increasing violence, extended curfews and restrictions of movement in the wake of the hostilities in the Persian Gulf. The Security Council considered the situation, expressed concern about the violence in Gaza and deplored the expulsion of Palestinians. The Council unanimously declared that such expulsion was in violation of the 1949 Geneva Convention relative to the Protection of Civilian Persons in Time of War (fourth Geneva Convention) and that Israel must refrain from deporting Palestinians and ensure the safe and immediate return of all those deported.

The Assembly demanded that Israel desist from certain policies and practices, comply with the fourth Geneva Convention, desist from changing the territories' status and demographic composition, and rescind its expulsion of Palestinian leaders as well as its measures against Palestinian detainees and educational institutions. The Assembly also strongly deplored the extensive confiscation of land, diversion of water resources and depletion of natural and economic resources by Israel, as well as the displacement and deportation of the population. Israel's practices in violation of human rights in the territories were also considered by the Commission on Human Rights (see PART THREE, Chapter X).

The United Nations Relief and Works Agency for Palestine Refugees in the Near East continued its assistance to over 2.5 million Palestine refugees who were living in Jordan, Lebanon, the Syrian Arab Republic, the West Bank and the Gaza Strip.


_____________________

Middle East situation
_____________________


The General Assembly welcomed the peace conference on the Middle East held at Madrid (30 October-1 November), co-sponsored by the USSR and the United States, as a significant step towards the establishment of a comprehensive, just and lasting peace in the region (resolution 46/75). At the same time, the Assembly considered that the convening of an international peace conference on the Middle East, under United Nations auspices and with the participation of all parties to the Arab-Israeli conflict on an equal footing, would contribute to the promotion of peace in the region. In other action (resolution 46/82 A), the Assembly reaffirmed that a just and comprehensive Middle East settlement could not be achieved without the participation on an equal footing of all the parties to the conflict, including the Palestine Liberation Organization (PLO), the representative of the Palestinian people.

The Secretary-General reported that although the Madrid conference was being conducted outside the United Nations framework, that process had the support of the parties concerned and had as its basis Security Council resolutions 242(1967)(1) and 338(1973).(2) He expressed the hope that the momentum generated by the conference would be sustained and that lasting peace that had so long been denied to all the peoples of the Middle East would become a reality. He noted, following the Madrid conference, that prospects for progress in the peace process had been enhanced. The Secretary-General's Special Representative to the Middle East, Edouard Brunner (Switzerland), attended the conference as an observer, having been appointed Special Representative by the Secretary-General on 22 March to replace Gunnar Jarring (Sweden), who resigned after serving in that capacity since 1967.

In other related developments, the General Assembly, in a virtually unprecedented action on 16 December 1991, by resolution 46/86, repealed the 1975 resolution by which it had determined that zionism was a form of racism and racial discrimination. (3)

Reports of the Secretary-General. In a report of November 1991 on various aspects of the situation in the Middle East,(4) the Secretary-General stated that in the light of the circumstances prevailing in the region, he had decided to reactivate the mission of the Special Representative to the Middle East a post in which Gunnar Jarring had served with great distinction in the years immediately following Council resolution 242(1967) on Middle East peace. While the mission had been dormant for a lengthy interval, it had never officially ended. Following the resignation of Mr. Jarring on 11 January 1991, the Secretary-General announced his intention to designate a successor and, after consultations with the Council, he appointed Edouard Brunner to the post, a step welcomed by the Council members.

In his remarks to the Council, the Secretary-General acknowledged the importance of the initiative launched by the United States; he reiterated that he had always supported bilateral initiatives in the search for a just and lasting peace in the Middle East and that, to this end, any step undertaken by Mr. Brunner or himself would be aimed at assisting such efforts.

The Secretary-General added in his report that he had followed with keen interest the intensive and often arduous bilateral diplomatic efforts during the previous few months that culminated in an agreement by the parties to enter into negotiations, under the co-sponsorship of the United States and the USSR, aimed at achieving—in the words of the letter of invitation to the peace conference—"a just, lasting and comprehensive peace settlement through direct negotiations on two tracks, between Israel and the Arab States, and between Israel and the Palestinians". In that connection, it was important to note, the Secretary-General said, that although the process was being conducted outside the United Nations framework, it had the support of the parties concerned and had as its basis Council resolutions 242(1967) and 338(1973), which had long been recognized as the cornerstone of a comprehensive settlement. He concluded his report with a tribute to the Madrid conference, which he termed historic, and to the initial round of bilateral discussions that followed.

In a report of October,(5) the Secretary-General submitted replies received from two Member States—Trinidad and Tobago and Ukraine—to his request for information on steps taken or envisaged to implement three Assembly resolutions of 1990 relating to the Middle East situation. By two of those resolutions,(6) the Assembly had called on States to adopt a number of measures concerning relations with Israel and had called on the States concerned to abide by the relevant United Nations resolutions. By the third resolution,(7) it had requested the Secretary-General to report periodically to the Security Council on the development of the situation and to submit in 1991 a comprehensive report covering the developments in the Middle East in all their aspects.

On 16 December, the General Assembly adopted resolution 46/82 A by recorded vote.

The General Assembly,

Having discussed the item entitled "The situation in the Middle East",

Recalling its resolutions 36/226 A and B of 17 December 1981, ES-9/1 of 5 February 1982, 37/123 F of 20 December 1982, 38/58 A to E of 13 December 1983, 38/180 A to D of 19 December 1983, 39/146 A to C of 14 December 1984, 40/168 A to C of 16 December 1985, 41/162 A to C of 4 December 1986, 42/209 A to D of 11 December 1987, 43/54 A to C of 6 December 1988, 44/40 A to C of 4 December 1989, 45/83 A to C of 13 December 1990 and 45/68 of 6 December 1990,

Recalling Security Council resolutions 425(1978) of 19 March 1978, 497(1981) of 17 December 1981, 508(1982) of 5 June 1982, 509(1982) of 6 June 1982, 701(1991) of 31 July 1991 and other relevant resolutions,

Taking note of the reports of the Secretary-General of 22 October 1991, 8 November 1991 and 15 November 1991,

Raffirming the need for continued collective support for the decisions adopted by the Twelfth Arab Summit Conference, held at Fez, Morocco, on 25 November 1981 and from 6 to 9 September 1982, which were confirmed by subsequent Arab summit conferences, including the Extraordinary Arab Summit Conference held at Casablanca, Morocco, from 23 to 26 May 1989,

Recalling its previous resolutions on the question of Palestine and its support for the Palestine Liberation Organization as the sole legitimate representative of the Palestinian people,

Welcoming all efforts contributing towards the realization of the inalienable rights of the Palestinian people through the achievement of a comprehensive, just and lasting peace in the Middle East, in accordance with the United Nations resolutions relating to the question of Palestine and to the situation in the Middle East, including Security Council resolutions 242(1967) of 22 November 1967 and 338(1973) of 22 October 1973,

Welcoming also the worldwide support extended to the just cause of the Palestinian people and the other Arab countries in their struggle against Israeli aggression and occupation in order to achieve a comprehensive, just and lasting peace in the Middle East and the full exercise by the Palestinian people of its inalienable national rights, as affirmed by previous resolutions of the General Assembly on the question of Palestine and on the situation in the Middle East,

Gravely concerned that the Palestinian territory occupied since 1967, including Jerusalem, and the other occupied Arab territories still remain under Israeli occupation, that the relevant resolutions of the United Nations have not been implemented and that the Palestinian people is still denied the restoration of its land and the exercise of its inalienable national rights in conformity with international law, as reaffirmed by resolutions of the United Nations,

Reaffirming the applicability of the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949, to the Palestinian territory occupied since 1967, including Jerusalem, and the ocher occupied Arab territories,

Reaffirming also all relevant United Nations resolutions which stipulate that the acquisition of territory by force is inadmissible under the Charter of the United Nations and the principles of international law and chat Israel must withdraw unconditionally from the Palestinian territory occupied since 1967, including Jerusalem, and the ocher occupied Arab territories,

Gravely concerned also at Israeli policies involving the escalation and expansion of the conflict in the region which further violate the principles of international law and endanger international peace and security,

Reaffirming the imperative necessity and urgency of establishing a comprehensive, just and lasting peace in the region, based on full respect for the Charter and the principles of international law,

1. Reaffirms its conviction that the question of Palestine is the core of the conflict in the Middle East and that no comprehensive, just and lasting peace in the region will be achieved without the full exercise by the Palestinian people of its inalienable national rights and the immediate, unconditional and total withdrawal of Israel from the Palestinian territory occupied since 1967 including Jerusalem, and the other occupied Arab territories;

2. Reaffirms that a just and comprehensive settlement of the situation in the Middle East cannot be achieved without the participation on an equal footing of all the parties to the conflict, including the Palestine Liberation Organization, the representative of the Palestinian people;

3. Declares once more that peace in the Middle East is indivisible and must be based on a comprehensive, just and lasting solution of the Middle East problem under the auspices of the United Nations and on the basis of its relevant resolutions, which ensures the complete and unconditional withdrawal of Israel from the Palestinian territory occupied since 1967, including Jerusalem, and the other occupied Arab territories, and which enables the Palestinian people, under the leadership of the Palestine Liberation Organization, to exercise its inalienable rights, including the right to return and the right to self-determination, national independence and the establishment of its independent sovereign State in Palestine, in accordance with the resolutions of the United Nations relating to the question of Palestine, in particular General Assembly resolutions ES-7/2 of 29 July 1980, 36/120 A to F of 10 December 1981, 37/86 A to D of 10 December 1982, 37/86 E of 20 December 1982, 38/58 A to E of 13 December 1983, 39/49 A to D of 11 December 1984, 40/96 A to D of 12 December 1985, 41/43 A to D of 2 December 1986, 42/66 A to D of 2 December 1987, 43/54 A to C of 6 December 1988, 43/175 A to C, 43/176 and 43/177 of 15 December 1988, 44/42 of 6 December 1989 and 45/68;

4. Confirms the Arab peace plan adopted unanimously at the Twelfth Arab Summit Conference, held at Fez, Morocco, on 25 November 1981 and from 6 to 9 September 1982, which was confirmed by subsequent Arab summit conferences, including the Extraordinary Arab Summit Conference held at Casablanca, Morocco, from 23 to 26 May 1989, as an important contribution towards the realization of the inalienable rights of the Palestinian people through the achievement of a comprehensive, just and lasting peace in the Middle East;

5. Condemns Israel's continued occupation of the Palestinian territory occupied since 1967, including Jerusalem, and the other occupied Arab territories, in violation of the Charter of the United Nations, the principles of international law and the relevant resolutions of the United Nations, and demands the immediate, unconditional and total withdrawal of Israel from all the territories occupied since 1967;

6. Rejects all agreements and arrangements which violate the inalienable rights of the Palestinian people and contradict the principles of a just and comprehensive solution to the Middle East problem to ensure the establishment of a just peace in the area;

7. Deplores Israel's failure to comply with Security Council resolutions 476(1980) of 30 June 1980 and 478(1980) of 20 August 1980 and General Assembly resolutions 35/207 of 16 December 1980 and 36/226 A and B; determines that Israel's decision to annex Jerusalem and to declare it as its "capital" as well as the measures to alter its physical character, demographic composition, institutional structure and status are null and void and demands that they be rescinded immediately; and calls upon all Member States, the specialized agencies and all other international organizations to abide by the present resolution and all other relevant resolutions and decisions;

8. Condemns Israel's aggression, policies and practices against the Palestinian people in the occupied Palestinian territory and outside this territory, including expropriation, establishment of settlements, annexation and other aggressive and repressive measures, which are in violation of the Charter and the principles of international law and the relevant international conventions;

9. Strongly condemns the imposition by Israel of its laws jurisdiction and administration on the occupied Syrian Golan, its annexationist policies and practices, the establishment of settlements, the confiscation of lands, the diversion of water resources and the imposition of Israeli citizenship on Syrian nationals, and declares that all these measures are null and void and constitute a violation of the rules and principles of international law relative to belligerent occupation, in particular the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949;

10. Calls upon all States not to provide Israel with any assistance to be used specifically in connection with settlements in the occupied territories;

11. Strongly deplores the continuing and increasing collaboration between Israel and South Africa, especially in the economic, military and nuclear fields, which constitutes a hostile act against the African and Arab States and enables Israel to enhance its nuclear capabilities;

12. Requests the Secretary-General to report to the Security Council periodically on the development of the Situation and to submit to the General Assembly at its forty-seventh session a comprehensive report covering the developments in the Middle East pertaining to the present resolution.


General Assembly resolution 46/82 A
16 December 1991 Meeting 73 93-27-37 (recorded vote)

6-nation draft (A/46/L.49 & Add.1); agenda item 35.

Sponsors. Afghanistan, Cuba, Malaysia, Oman, Sudan, Viet Nam.

Recorded vote in Assembly as follows:

In favour: Afghanistan, Algeria, Bahrain, Bangladesh, Bhutan, Bolivia, Botswana, Brazil, Brunei Darussalam, Burkina Faso, Burundi, Cambodia, Cape Verde, Chad, Chile, China, Colombia, Comoros, Cuba, Cyprus, Djibouti, Ecuador, Egypt, El Salvador, Ethiopia, Gabon, Gambia, Ghana, Guatemala, Guinea, Guyana, Haiti, Honduras, India, Indonesia, Iran, Iraq, Jordan, Kenya, Kuwait, Lao People’s Democratic Republic, Lebanon, Lesotho, Libyan Arab Jamahiriya, Madagascar, Malaysia, Maldives, Mali, Mauritania, Mauritius, Mexico, Mongolia, Morocco, Mozambique, Myanmar, Namibia, Nepal, Nicaragua, Niger, Nigeria, Oman, Pakistan, Peru, Philippines, Qatar, Republic of Korea, Rwanda, Sao Tome and Principe, Saudi Arabia, Senegal, Seychelles, Sierra Leone, Singapore, Somalia, Sri Lanka, Sudan, Suriname, Swaziland, Syrian Arab Republic, Thailand, Trinidad and Tobago, Tunisia, Turkey, Uganda, United Arab Emirates, United Republic of Tanzania, Vanuatu, Venezuela, Viet Nam, Yemen, Yugoslavia, Zambia, Zimbabwe.

Against: Australia, Belgium, Bulgaria, Canada, Czechoslovakia, Denmark, Estonia, Finland, France, Germany, Hungary, Iceland, Ireland, Israel, Italy, Latvia, Lithuania, Luxembourg, Netherlands, New Zealand, Norway, Poland, Portugal, Romania, Sweden, United Kingdom, United States.

Abstaining: Albania, Antigua and Barbuda, Argentina, Austria, Bahamas, Barbados, Belarus, Belize, Benin, Central African Republic, Côte d’Ivoire, Dominica, Dominican Republic, Fiji, Greece, Grenada, Jamaica, Japan, Liberia, Liechtenstein, Malawi, Malta, Marshall Islands, Micronesia, Panama, Papua New Guinea, Paraguay, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Samoa, Solomon Islands, Spain, Togo, Ukraine, USSR, Uruguay.

Proposed peace conference
under UN auspices

In accordance with a request of 1990 by the General Assembly,(8) the Secretary-General continued his efforts in 1991 with the parties concerned, and in consultation with the Security Council, as mandated in 1983,(9) to facilitate the convening of an international peace conference on the Middle East, under United Nations auspices. As requested, he had, in consultation with the Council, been in continuous contact with Egypt, Israel, Jordan, Lebanon, the Syrian Arab Republic and PLO. In his November 1991 report on various aspects of the Middle East situation,(4) he indicated that, whereas it had not been possible to achieve agreement among the parties to participate in such a conference, the position of the parties and of the Council itself had evolved over the years.

On 26 June, in a letter to the Security Council President, the Secretary-General called on the Council to assist him in drafting his progress report on the matter, by communicating before 15 August the Council's views on the convening of a conference. As at 8 November, no reply had been received from the Council, the Secretary-General stated in a report of the same date.(10) However, replies had been received from Israel and Lebanon in response to his note verbale of 27 June, in which he sought their positions, as well as those of Egypt, Jordan, the Syrian Arab Republic and PLO.

Israel, on 7 October, stated that it advocated direct negotiations as the only promising framework to advance the Middle East peace process and was currently engaged in a process that it hoped would result in such negotiations between Israel and its Arab neighbours, which the 1990 resolution of the Assembly was designed to subvert rather than support. It noted that the resolution was entirely irrelevant and detached from reality and support for it exemplified the inattentiveness to the positive political developments taking place outside the United Nations. Moreover, Israel insisted, while referring to Council resolutions 242(1967) and 338(1973), the Assembly resolution affirmed a series of principles which prejudged and subverted the possible outcome of peace negotiations and the very principles contained in those resolutions; it also called for the participation in the conference of PLO, a terrorist organization which could not be considered a partner to peace negotiations.

Lebanon, on 26 August, transmitted the position adopted by its Council of Ministers on 23 July, expressing support for the convening of an international conference; agreeing in principle to attend, while stating at the same time that its attendance did not imply any link between resolving the issue of Lebanon and that of the Middle East; affirming its concern for the total liberation of its territory; rejecting any attempt to settle the Palestinians in Lebanese territory; stating that the solution to the problem of the Israeli occupation of Lebanese territory lay in implementation of Council resolution 425(1978),(11) which called for the unconditional withdrawal of the occupying Israeli forces; and confirming the application of the 1949 Armistice Agreement and adherence to all its provisions.(12)

Summing up his observations, the Secretary-General stated that a number of important developments had taken place since the adoption of the Assembly resolution in December 1990; in particular, a negotiating process involving the parties to the Arab-Israeli conflict had recently been launched following the convening of the Madrid peace conference on the Middle East.

The Committee on Palestinian rights decided to continue to give the utmost priority in its programme of work to promoting the early convening of the conference, and decided to take an active role in all aspects relating to its convening and the search for peace and to initiate a process of interaction with all concerned for a regular ex-change of information and views.


GENERAL ASSEMBLY ACTION

On 11 December, the General Assembly adopted resolution 46/75 by recorded vote.
International Peace Conference on the Middle East

The General Assembly,

Having considered the report of the Secretary-General of 8 November 1991,

Having heard the statement made on 21 November 1991 by the chairman of the observer delegation of Palestine,

Stressing that achieving a comprehensive settlement of the Middle East conflict, the core of which is the question of Palestine, will constitute a significant contribution to international peace and security,

Aware of the overwhelming support for the convening of an International Peace Conference on the Middle East and noting the endeavours of the Secretary-General in this regard,

Noting the convening at Madrid, on 30 October 1991 of the Peace Conference on the Middle East,

Preoccupied by the increasingly serious situation in the occupied Palestinian territory as a result of persistent policies and practices of Israel, the occupying Power

Aware of the ongoing uprising (intifadah) of the Palestinian people since 9 December 1987, aimed at ending Israeli occupation of Palestinian territory occupied since 1967,

1. Reaffirms the urgent need to achieve a just and comprehensive settlement of the Arab-Israeli conflict, the core of which is the question of Palestine;

2. Considers that the convening of an International Peace Conference on the Middle East, under the auspices of the United Nations, with the participation of all parties to the conflict, including the Palestine Liberation Organization, on an equal footing, and the five permanent members of the Security Council, based on Council resolutions 242(1967) of 22 November 1967 and 338(1973) of 22 October 1973 and the legitimate national rights of the Palestinian people, primarily the right to self-determination, would contribute to the promotion of peace in the region;

3. Reaffirms the following principles for the achievement of comprehensive peace:

(a) The withdrawal of Israel from the Palestinian territory occupied since 1967, including Jerusalem, and from the other occupied Arab territories;

(b) Guaranteeing arrangements for security of all States in the region, including those named in resolution 181(II) of 29 November 1947, within secure and internationally recognized boundaries;

(c) Resolving the problem of the Palestine refugees in conformity with General Assembly resolution 194(III) of 11 December 1948, and subsequent relevant resolutions;

(d) Dismantling the Israeli settlements in the territories occupied since 1967;

(e) Guaranteeing freedom of access to Holy Places religious buildings and sites;

4. Welcomes the convening at Madrid, on 30 October 1991, of the Peace Conference on the Middle East, which constitutes a significant step towards the establishment of a comprehensive, just and lasting peace in the region;

5. Notes the expressed desire and endeavours to place the Palestinian territory occupied since 1967, including Jerusalem, under the supervision of the United Nations for a transitional period, as part of the peace process;

6. Requests the Secretary-General to continue his efforts with the parties concerned, and in consultation with the Security Council, for the promotion of peace in the region, and to submit progress reports on developments in this matter.


General Assembly resolution 46/75
11 December 1991 Meeting 69 104-2-43 (recorded vote)

20-nation draft (A/46/L.36 & Add.1); agenda item 33.

Sponsors: Afghanistan, Algeria, Bangladesh, Cuba, India, Indonesia, Jordan, Lao People's Democratic Republic, Madagascar, Malaysia, Mali, Malta, Mauritania, Pakistan, Senegal, Ukraine, United Arab Emirates, Viet Nam, Yemen, Yugoslavia.

Recorded vote in Assembly as follows:

In favour: Afghanistan, Algeria, Angola, Bahamas, Bahrain, Bangladesh, Barbados, Belize, Benin, Bhutan, Bolivia, Botswana, Brazil, Brunei Darussalam, Burkina Faso, Burundi, Cameroon, Cape Verde, Central African Republic, Chad, Chile, China, Colombia, Comoros, Cuba, Cyprus, Democratic People's Republic of Korea, Djibouti, Ecuador, Egypt, El Salvador, Ethiopia, Fiji, Gabon, Gambia, Ghana, Grenada, Guatemala, Guinea, Guyana, Haiti, Honduras, India, Indonesia, Jordan, Kenya, Kuwait, Lao People's Democratic Republic, Lebanon, Lesotho, Liberia, Libyan Arab Jamahiriya, Madagascar, Malawi, Malaysia, Maldives, Malta, Mauritania, Mauritius, Mexico, Mongolia, Morocco, Mozambique, Myanmar, Namibia, Nepal, Nicaragua, Niger, Nigeria, Oman, Pakistan, Paraguay, Peru, Philippines, Poland,* Qatar, Republic of Korea, Sao Tome and Principe, Saudi Arabia, Senegal, Seychelles, Sierra Leone, Singapore, Somalia, Sri Lanka, Suriname, Swaziland, Syrian Arab Republic, Thailand, Togo, Trinidad and Tobago, Tunisia, Turkey, Uganda, Ukraine, United Arab Emirates, United Republic of Tanzania, Vanuatu, Venezuela, Viet Nam, Yemen, Yugoslavia, Zambia, Zimbabwe.

Against: Israel, United States.

Abstaining: Albania, Argentina, Australia, Austria, Belgium, Bulgaria Canada, Costa Rica, Côte d’Ivoire, Czechoslovakia, Denmark, Dominica, Finland, France, Germany, Greece, Hungary, Iceland, Iraq, Ireland, Italy, Jamaica, Japan, Liechtenstein, Lithuania, Luxembourg, Marshall Islands, Micronesia, Netherlands, New Zealand, Norway, Panama, Portugal, Romania, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Samoa, Spain, Sweden, USSR, United Kingdom, Uruguay.

*Later advised the Secretariat it had intended to abstain.

Before adopting the text as a whole, the Assembly adopted the reference to the Madrid peace conference in paragraph 4 and the fifth preambular paragraph by a recorded vote of 145 to 2 (Iran, Iraq).

Speaking in the Assembly on 21 November, the chairman of the observer delegation of Palestine stated that participation in the Madrid peace process had been a difficult choice for the Palestinian people, who had been languishing under Israeli occupation for many years and had witnessed many an international attempt at reaching a settlement being thwarted by Israel; none the less, the Palestine National Council, on 24 September, had decided to participate—despite unjust obstacles and conditions raised by Israel—in the hope that the Madrid conference would lead to direct negotiations between Arabs and Israelis and thus offer a chance to achieve peace for all the peoples of the region. The negotiations must achieve complete Israeli withdrawal from all Arab and Palestinian lands, including Jerusalem, as well as an end to Israeli occupation in all its forms; during the transition period, PLO, under the supervision and with the participation of the United Nations, would exercise full control of the land and its natural resources, as well as its political, economic and human affairs, on the road to complete Palestinian sovereignty. The United Nations had a major role to perform in the peace process which was based on its resolutions, its principles and its Charter.

United Nations Truce Supervision Organization

In his report of November on the Middle East situation,(4) the Secretary-General provided an overview of the three peace-keeping operations in the region: the two peace-keeping forces—the United Nations Disengagement Observer Force (UNDOF) and the United Nations Interim Force in Lebanon (UNIFIL)—and one observer mission, the United Nations Truce Supervision Organization (UNTSO). Apart from assisting UNDOF and UNIFIL in their tasks, UNTSO maintained two observation groups of its own, the Observer Group at Beirut (see below under "Lebanon") and the Observer Group in Egypt, where with the Government's agreement about 50 observers had remained since 1979 when the second United Nations Emergency Force was withdrawn. In addition to liaison offices at Cairo and Ismailia, the Observer Group in Egypt maintained six observation posts in the Sinai.
REFERENCES

(1)YUN 1967, p. 257, SC res. 242(1967), 22 Nov. 1967. (2)YUN 1973 p. 213, SC res. 338(1973), 22 Oct. 1973. (3)YUN 1975, p. 599, GA res. 3379(XXX), 10 Nov. 1975. (4)A/46/652-S/23225. (5)A/46/586. (6)GA res. 45/83 B & C, 13 Dec. 1990. (7)GA res. 45/83 A, 13 Dec. 1990. (8)GA res. 45/68, 6 Dec. 1990. (9)YUN 1983 p. 278, GA res. 38/58 K, 13 Dec. 1983. (10)A/46/623-S/23204 & Corr.1. (11)YUN 1978, p. 312, SC res. 425(1978), 19 Mar. 1978. (12)YUN 1948-49, p. 185.


__________________

Palestine question
__________________


The question of Palestine continued to be a concern of the General Assembly, which reaffirmed it to be the core of the Middle East conflict, and to its Committee on Palestinian rights. Following consideration of the Committee's report, the Assembly, in December, adopted three resolutions, endorsing the Committee's recommendations and dealing with its programme of work (46/74 A); requesting resources for and continued cooperation with the Division for Palestinian Rights (46/74 B); and requesting the Department of Public Information (DPI) to continue its special information programme on the question (46/74 C).

By resolution 46/82 B, the Assembly again determined that Israel's 1980 decision(1) to impose its laws, jurisdiction and administration on Jerusalem was illegal and therefore null and void. In other action, the Assembly reaffirmed the applicability of the fourth Geneva Convention to the occupied Palestinian territory (see below), including Jerusalem (resolution 46/47 B). It demanded that Israel desist from changing the legal status, geographical nature or demographic composition of the territory, including Jerusalem (46/47 C), and deplored Israel's refusal to allow the Special Committee to Investigate Israeli Practices Affecting the Human Rights of the Palestinian People and Other Arabs of the Occupied Territories (Committee on Israeli practices) access to the territory, including Jerusalem (46/47 A). A proposed University of Jerusalem "Al-Quds" for Palestine refugees was the subject of another Assembly resolution (46/46 J).

Various United Nations bodies continued to provide assistance to the Palestinians. Following the recommendation of the Economic and Social Council in resolution 1991/69, the General Assembly, by resolution 46/201, called for, among other things, an increase in international aid to the Palestinians.

The Committee on Palestinian rights organized in New York on 29 November the observance of the International Day of Solidarity with the Palestinian People. Statements were made by the Presidents of the General Assembly and the Security Council, the Secretary-General, the Chairman of the Committee on Palestinian rights, PLO Chairman Yasser Arafat and the Chairman of the Committee on Israeli practices, as well as on behalf of the Movement of Non-Aligned Countries and several intergovernmental organizations. Expressions of solidarity were also received from 63 heads of State, Foreign Ministers and international organizations.

Activities of the Committee on Palestinian rights. The Committee on Palestinian rights continued in 1991 to follow developments in the Israeli-occupied territory and actions by Israel which the Committee regarded as violations of international law or of United Nations resolutions. It brought such actions—including Israeli settlements, Israeli exploitation of Arab-owned land and other matters affecting Palestinian rights—to the attention of the General Assembly and the Security Council.

As in previous years, the Committee reconfirmed that all Member States and Permanent Observers to the United Nations were welcome to participate as observers in its work. The Committee also decided to invite the participation of Palestine, represented by PLO. The Committee re-established its Working Group to assist in the preparation and expedition of its work.

In its annual report to the Assembly,(2) the Committee and, under its guidance, the Division for Palestinian Rights undertook to expand cooperation with non-governmental organizations (NGOs), in order to heighten awareness of the Palestine question and to create conditions favourable for the full implementation of its recommendations. To that end, it held a regional seminar in Europe (Madrid, 27-30 May); two regional symposia for NGOs, one in Europe (Vienna, 26 and 27 August) and the other in North America (Montreal, Canada, 28-30 June); and the Eighth United Nations International NGO Meeting on the Question of Palestine (Vienna, 28-30 August).

In a number of communications during the year, the Committee Chairman drew the attention of the Secretary-General and the President of the Security Council to urgent developments in the occupied Palestinian territory.

The Committee noted that the year had been marked by the tragic events of war, but also by renewed hopes for peace with justice in the region; solidarity with the Palestinians became an even more urgent task in the aftermath of the conflict arising from the situation between Iraq and Kuwait (see PART TWO, Chapter III), as their suffering increased manifold and their existence as a people appeared increasingly threatened. Israel's stepped-up colonization and economic strangulation of the occupied territories, its increasing violations of human rights and the growing number of Palestinian refugees made it imperative to achieve a just and comprehensive settlement of the Palestine question. At the same time, a new spirit of international cooperation in resolving regional conflicts peacefully and the current initiatives in that regard had given rise to hope concerning the peace process.

The Committee expressed continued and full support for the intifadah, the struggle of the Palestinians to end Israeli occupation and implement the proclamation of independence of November 1988. Through the intifadah, the Committee said the Palestinian people had clearly expressed the determination to regain the exercise of their inalienable rights and had affirmed that PLO was their sole legitimate representative. The Committee reaffirmed that full respect for, and the realization of, the inalienable rights of the Palestinians were indispensable for a solution of the Palestine question. It called again on Israel to recognize and respect the national aspirations and rights of the Palestinians, and to acknowledge as well the desire of its own people for a future based on peace with justice. The Committee appealed to all progressive forces in Israel to intensify further their efforts to bring about that objective.

The Committee welcomed the convening by the United States and the USSR of a conference for achieving a comprehensive peace based on Security Council resolutions 242(1967)(3) and 338(1973)(4) and on the land-for-peace principle, to ensure security and recognition of all States in the region, including Israel, as well as the legitimate political rights of the Palestinians. The Committee hoped that such a conference would bring about a comprehensive, just and lasting solution to the Palestine question based on internationally recognized principles and United Nations resolutions.

The Committee recalled that an international consensus had already been achieved on the essential principles for such a solution. In its first (1976) report to the General Assembly,(5) the Committee had recommended modalities for attaining Palestinian rights, later complemented by the Declaration and Programme of Action adopted by the 1983 International Conference on the Question of Palestine.(6) The intifadah and the Palestinian peace initiative of 1988 had led to an even wider consensus, as shown by the near-unanimous adoption of resolution 45/68 of 6 December 1990, concerning the convening of an international peace conference on the Middle East, under United Nations auspices, with the participation of all parties to the conflict, including PLO, on an equal footing, and the five permanent members of the Security Council, based on Council resolutions 242(1967) and 338(1973) and the legitimate national rights of the Palestinians, primarily the right to self-determination.

The Committee recalled the principles for achieving a comprehensive peace contained in that resolution, namely, Israeli withdrawal from the Palestinian territory occupied since 1967, including Jerusalem, and from the other occupied Arab territories; guaranteed arrangements for the security of all States in the region, including those named in a 1947 resolution of the Assembly,(7) within secure and internationally recognized boundaries; resolving the problem of the Palestine refugees in conformity with a 1948 resolution of the Assembly(8) and subsequent relevant resolutions; dismantling the Israeli settlements in the territories occupied since 1967; and guaranteeing freedom of access to the Holy Places and religious buildings and sites.

Pending progress towards a political settlement, the Committee considered it to be of the utmost urgency that all necessary measures be taken to protect the Palestinians in the occupied territory, including Jerusalem, in accordance with the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949 (fourth Geneva Convention) and numerous Security Council and Assembly resolutions. In the past, the Committee noted, Israel's continued violation of the Convention had led to increasing casualties and the deterioration of already unbearable living conditions; a matter of special concern was the suffering inflicted on Palestinian women and children as a result of Israeli practices. The Committee considered that it was currently all the more urgent for the parties to the Convention and for the United Nations system as a whole to ensure that Israel abide by its obligations as the occupying Power and, in particular, to implement Security Council resolution 681(1990) of 20 December 1990 (which called for further development of the idea of convening a meeting of the parties to discuss possible measures to be taken by them under the Convention) and subsequent resolutions.

The Committee also expressed deep concern at the growing Israeli colonization of the Palestinian territory occupied since 1967, including Jerusalem, as manifested in the intensified establishment and expansion of settlements, confiscation of land and water resources, and settler vigilantism, which created a situation that was exacerbated by the growing influx of new immigrants. The Committee considered it incumbent on the Security Council to review the matter urgently and undertake appropriate measures to deal with the situation.

The Committee reaffirmed that the United Nations had a duty and responsibility to render all assistance necessary to promote the social and economic development of the occupied territory, including Jerusalem, in preparation for the full exercise of national sovereignty, it accordingly reiterated its call on United Nations, intergovernmental and non-governmental organizations and on Governments to sustain and increase their economic and social assistance to the Palestinians, in close cooperation with PLO.

The Committee noted with satisfaction the increased international support for attaining a comprehensive, just and lasting solution of the Palestine question. It believed that its programme of regional seminars, NGO meetings and other informational activities had played a valuable role in that process and it would continue to strive to achieve maximum effectiveness in the implementation of its mandate. It would continue and intensify its efforts to ensure that those meetings provided a useful forum for an in-depth consideration of the substantive issues to be addressed in any peace process, with the assistance of experts from all regions and representing diverse points of view, including Palestinians and Israelis. The Committee again invited all Governments, including the United States and Israel, to participate in its work and in the events organized under its auspices.

The Committee stated that it was greatly encouraged by the overwhelming international support for its objectives and by the intensification of international efforts in favour of a just and lasting settlement of the Palestine question, as reflected in the recommendations adopted by the regional seminar and by NGO symposia and meetings on the Palestine question (see above), organized under its auspices.


GENERAL ASSEMBLY ACTION

Following consideration of the report of the Committee on Palestinian rights, the General Assembly adopted three resolutions on the Palestine question. Resolution 46/74 A was adopted on 11 December by recorded vote.

The General Assembly,

Recalling its resolutions 181(II) of 29 November 1947, 194(III) of 11 December 1948, 3236(XXIX) of 22 November 1974, 3375(XXX) and 3376(XXX) of 10 November 1975, 31/20 of 24 November 1976, 32/40 of 2 December 1977, 33/28 of 7 December 1978, 34/65 A and B of 29 November 1979 and 34/65 C and D of 12 December 1979, ES-7/2 of 29 July 1980, 35/169 of 15 December 1980, 36/120 of 10 December 1981, ES-7/4 of 28 April 1982, 38/58 A of 13 December 1983, 39/49 A of 11 December 1984, 40/96 A of 12 December 1985, 41/43 A of 2 December 1986, 42/66 A of 2 December 1987, 43/175 A of 15 December 1988, 44/41 A of 6 December 1989 and 45/67 A of 6 December 1990,

Having considered the report of the Committee on the Exercise of the Inalienable Rights of the Palestinian People,

1. Expresses its appreciation to the Committee on the Exercise of the Inalienable Rights of the Palestinian People for its efforts in performing the tasks assigned to it by the General Assembly;

2. Endorses the recommendations of the Committee contained in paragraphs 87 to 95 of its report and draws the attention of the Security Council to the fact that action on the recommendations of the Committee, as repeatedly endorsed by the General Assembly at its thirty-first session and subsequently, is still awaited;

3. Requests the Committee to continue to keep under review the situation relating to the question of Palestine as well as the implementation of the Programme of Action for the Achievement of Palestinian Rights and to report and make suggestions to the General Assembly or the Security Council, as appropriate;

4. Authorizes the Committee to continue to exert all efforts to promote the implementation of its recommendations, including representation at conferences and meetings and the sending of delegations, to make such adjustments in its approved programme of seminars and symposia and meetings for non-governmental organizations as it may consider necessary, to give special emphasis to the need to mobilize public opinion in Europe and North America, and to report thereon to the General Assembly at its forty-seventh session and thereafter;

5. Also requests the Committee to continue to extend its cooperation to non-governmental organizations in their contribution towards heightening international awareness of the facts relating to the question of Palestine and creating a more favourable atmosphere for the full implementation of the recommendations of the Committee, and to take the necessary steps to expand its contacts with those organizations;

6. Requests the United Nations Conciliation Commission for Palestine, established under General Assembly resolution 194(III), as well as other United Nations bodies associated with the question of Palestine, to continue to cooperate fully with the Committee and to make available to it, at its request, the relevant information and documentation which they have at their disposal;

7. Decides to circulate the report of the Committee to all the competent bodies of the United Nations and urges them to take the necessary action, as appropriate, in accordance with the programme of implementation of the Committee;

8. Requests the Secretary-General to continue to provide the Committee with all the necessary facilities for the performance of its tasks.


General Assembly resolution 46/74 A
11 December 1991 Meeting 69 121-2-28 (recorded vote)

18-nation draft (A/46/L.33 & Add.1); agenda item 33.

Sponsors. Afghanistan, Bangladesh, Cuba, Guinea, Guyana, India, Indonesia, Lao People's Democratic Republic, Madagascar, Malaysia, Mali, Malta, Morocco, Pakistan, Senegal, Ukraine, Viet Nam, Yugoslavia.

Financial implications. 5th Committee, A/46/764; S-G, A/C.5/46/59.

Meeting numbers. GA 46th session: 5th Committee 49; plenary 69.

Recorded vote in Assembly as follows:

In favour: Afghanistan, Algeria, Angola, Bahamas, Bahrain, Bangladesh, Barbados, Belize, Benin, Bhutan, Bolivia, Botswana, Brazil, Brunei Darussalam, Burkina Faso, Burundi, Cameroon, Cape Verde, Central African Republic, Chad, Chile, China, Colombia, Comoros, Costa Rica, Cuba, Cyprus, Democratic People's Republic of Korea, Djibouti, Dominica, Ecuador, Egypt, El Salvador, Ethiopia, Fiji, Gabon, Gambia, Ghana, Greece, Grenada, Guatemala, Guinea, Guyana, Haiti, Honduras, Hungary, India, Indonesia, Iran, Iraq, Jamaica, Jordan, Kenya, Kuwait, Lao People's Democratic Republic, Lebanon, Lesotho, Liberia, Libyan Arab Jamahiriya, Madagascar, Malawi, Malaysia, Maldives, Malta, Marshall Islands, Mauritania, Mauritius, Mexico, Micronesia, Mongolia, Morocco, Mozambique, Myanmar, Namibia, Nepal, Nicaragua, Niger, Nigeria, Oman, Pakistan, Panama, Paraguay, Peru, Philippines, Qatar, Republic of Korea, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Samoa, Sao Tome and Principe, Saudi Arabia, Senegal, Seychelles, Sierra Leone, Singapore, Somalia, Spain, Sri Lanka, Sudan, Suriname, Swaziland, Syrian Arab Republic, Thailand, Togo, Trinidad and Tobago, Tunisia, Turkey, Uganda, Ukraine, USSR, United Arab Emirates, United Republic of Tanzania, Uruguay, Vanuatu, Venezuela, Viet Nam, Yemen, Yugoslavia, Zambia, Zimbabwe.

Against: Israel, United States.

Abstaining: Albania, Argentina, Australia, Austria, Belgium, Bulgaria, Canada, Congo, Czechoslovakia, Denmark, Finland, France Germany, Iceland, Ireland, Italy, Japan, Liechtenstein, Lithuania, Luxembourg, Netherlands, New Zealand, Norway, Poland, Portugal, Romania, Sweden, United Kingdom.

Also on 11 December, the Assembly adopted resolution 46/74 B by recorded vote.

The General Assembly,

Having considered the report of the Committee on the Exercise of the Inalienable Rights of the Palestinian People,

Taking note, in particular, of the relevant information contained in paragraphs 53 to 74 of that report,

Recalling its resolutions 32/40 B of 2 December 1977, 33/28 C of 7 December 1978, 34/65 D of 12 December 1979, 35/169 D of 15 December 1980, 36/120 B of 10 December 1981, 37/86 B of 10 December 1982, 38/58 B of 13 December 1983, 39/49 B of 11 December 1984, 40/96 B of 12 December 1985, 41/43 B of 2 December 1986, 42/66 B of 2 December 1987, 43/175 B of 15 December 1988, 44/41 B of 6 December 1989 and 45/67 B of 6 December 1990,

1. Takes note with appreciation of the action taken by the Secretary-General in compliance with its resolution 45/67 B;

2. Requests the Secretary-General to provide the Division for Palestinian Rights of the Secretariat with the necessary resources, including a computer-based information system, and to ensure that it continues to discharge the tasks detailed in paragraph 1 of resolution 32/40 B, paragraph 2 (b) of resolution 34/65 D, paragraph 3 of resolution 36/120 B, paragraph 3 of resolution 38/58 B, paragraph 3 of resolution 40/96 B, paragraph 2 of resolution 42/66 B and paragraph 2 of resolution 44/41 B, in consultation with the Committee on the Exercise of the Inalienable Rights of the Palestinian People and under its guidance;

3. Also requests the Secretary-General to ensure the continued cooperation of the Department of Public Information and other units of the Secretariat in enabling the Division for Palestinian Rights to perform its tasks and in covering adequately the various aspects of the question of Palestine;

4. Invites all Governments and organizations to lend their cooperation to the Committee on the Exercise of the Inalienable Rights of the Palestinian People and the Division for Palestinian Rights in the performance of their tasks;

5. Takes note with appreciation of the action taken by Member States to observe annually on 29 November the International Day of Solidarity with the Palestinian People.

General Assembly resolution 46/74 B
11 December 1991 Meeting 69 121-2-28 (recorded vote)

18-nation draft (A/46/L.34 & Add.1); agenda item 33.

Sponsors: Afghanistan, Bangladesh, Cuba, Guinea, Guyana, India, Indonesia, Lao People's Democratic Republic, Madagascar, Malaysia, Mali, Malta, Morocco, Pakistan, Senegal, Ukraine, Viet Nam, Yugoslavia.

Financial implications. 5th Committee, A/46/764; S-G, A/C.5/46/59.

Meeting numbers. GA 46th session: 5th Committee 49; plenary 69.

Recorded vote in Assembly as follows:

In favour: Afghanistan, Algeria, Angola, Bahamas, Bahrain, Bangladesh, Barbados, Belize, Benin, Bhutan, Bolivia, Botswana, Brazil, Brunei Darussalam, Burkina Faso, Burundi, Cameroon, Cape Verde. Central African Republic, Chad, Chile, China, Colombia, Comoros, Costa Rica, Cuba, Cyprus, Democratic People's Republic of Korea, Djibouti, Dominica, Ecuador, Egypt, El Salvador, Ethiopia, Fiji, Gabon, Gambia, Ghana, Greece, Grenada, Guatemala, Guinea, Guyana, Haiti, Honduras, Hungary, India, Indonesia, Iran, Iraq, Jamaica, Jordan, Kenya, Kuwait, Lao People's Democratic Republic, Lebanon, Lesotho, Liberia, Libyan Arab Jamahiriya, Madagascar, Malawi, Malaysia, Maldives, Malta, Marshall Islands, Mauritania, Mauritius, Mexico, Micronesia, Mongolia, Morocco, Mozambique, Myanmar, Namibia, Nepal, Nicaragua, Niger, Nigeria, Oman, Pakistan, Panama, Paraguay, Peru, Philippines, Qatar, Republic of Korea, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Samoa, Sao Tome and Principe, Saudi Arabia, Senegal, Seychelles, Sierra Leone, Singapore, Somalia, Spain, Sri Lanka, Sudan, Suriname, Swaziland, Syrian Arab Republic, Thailand, Togo, Trinidad and Tobago, Tunisia, Turkey, Uganda, Ukraine, USSR, United Arab Emirates, United Republic of Tanzania, Uruguay, Vanuatu, Venezuela, Viet Nam, Yemen, Yugoslavia, Zambia, Zimbabwe.

Against: Israel, United States.

Abstaining: Albania, Argentina, Australia, Austria, Belgium, Bulgaria, Canada, Congo, Czechoslovakia, Denmark, Finland, France, Germany, Iceland, Ireland, Italy, Japan, Liechtenstein, Lithuania, Luxembourg, Netherlands, New Zealand, Norway, Poland, Portugal, Romania, Sweden, United Kingdom.

Public information activities

The Committee on Palestinian rights reviewed implementation of a 1990 General Assembly request(9) that DPI continue its 1990-1991 special information programme on the Palestine question, with particular emphasis on public opinion in Europe and North America.

In its 1991 work programme, the Committee included a request to the Division for Palestinian Rights to study the feasibility of establishing a computerized database relating to the Palestine question. The Committee noted that steps were taken by the Division to initiate such a study, in cooperation with the relevant Secretariat departments.

In a February report to the Committee on Information,(10) the Secretary-General provided information on United Nations public information activities on the Middle East situation and the Palestine question, which included press coverage of meetings of relevant United Nations bodies, such as the General Assembly, the Security Council and the Committee on Palestinian rights; coverage in publications; a photo mission sent by DPI from 13 October to 14 December 1990 to record Middle East peace-keeping operations; audiovisual material; and the observance of the International Day of Solidarity with the Palestinian People on 29 November, when DPI produced and distributed a special information kit to the press and officials attending the ceremony. United Nations information centres (UNICs) organized a wide variety of observances and ceremonies, among them: a solidarity meeting, organized at UNIC Brussels, Belgium, in cooperation with the Arab League and PLO, which was attended by more than 250 guests; a 10-day exhibit, organized by UNIC Lome, Togo; and a solemn meeting organized by UNIC Paris, which included a Palestinian exhibit by PLO and was attended by more than 1,000 people.


GENERAL ASSEMBLY ACTION

On 11 December, the General Assembly adopted resolution 46/74 C by recorded vote.

The General Assembly,

Having considered the report of the Committee on the Exercise of the Inalienable Rights of the Palestinian People,

Taking note, in particular, of the information contained in paragraphs 75 to 86 of that report,

Recalling its resolutions 45/67 C and 45/68 of 6 December 1990,

Convinced that the worldwide dissemination of accurate and comprehensive information and the role of non-governmental organizations and institutions remain of vital importance in heightening awareness of and support for the inalienable rights of the Palestinian people to self-determination and to the establishment of an independent sovereign Palestinian State,

1. Takes note with appreciation of the action taken by the Department of Public Information of the Secretariat in compliance with General Assembly resolution 45/67 C;

2. Requests the Department of Public Information in full cooperation and coordination with the Committee on the Exercise of the Inalienable Rights of the Palestinian People, to continue, with the necessary flexibility as may be required by developments affecting the question of Palestine, its special information programme on the question of Palestine for the biennium 1992-1993 with particular emphasis on public opinion in Europe and North America and, in particular:

(a) To disseminate information on all the activities of the United Nations system relating to the question of Palestine, including reports of the work carried out by the relevant United Nations organs;

(b) To continue to issue and update publications on the various aspects of the question of Palestine, including Israeli violations of the human rights of the Palestinian people and other Arab inhabitants of the occupied territories as reported by the relevant United Nations organs;

(c) To expand its audiovisual material on the question of Palestine, including the production of such material;

(d) To organize and promote fact-finding news missions for journalists to the area, including to the occupied territories;

(e) To organize international, regional and national encounters for journalists.

General Assembly resolution 46/74 C
11 December 1991 Meeting 69 125-2-23 (recorded vote)

18-nation draft (A/46/L.35 & Add.1); agenda item 33.

Sponsors: Afghanistan, Bangladesh, Cuba, Guinea, Guyana, India, Indonesia, Lao People's Democratic Republic, Madagascar, Malaysia, Mali, Malta, Morocco, Pakistan, Senegal, Ukraine, Viet Nam, Yugoslavia.

Financial implications. 6th Committee, A/46/764; S-G, A/C.5/46/59.

Meeting numbers. GA 46th session: 6th Committee 49; plenary 69.

Recorded vote in Assembly as follows:

In favour: Afghanistan, Algeria, Angola, Austria, Bahamas, Bahrain, Bangladesh, Barbados, Belize, Benin, Bhutan, Bolivia, Botswana, Brazil, Brunei Darussalam, Burkina Faso, Burundi, Cameroon, Cape Verde, Central African Republic, Chad, Chile, Chine, Colombia, Comoros, Costa Rica, Cuba, Cyprus, Democratic People’s Republic of Korea, Djibouti, Dominica, Ecuador, Egypt, El Salvador, Ethiopia, Fiji, Finland, Gabon, Gambia, Ghana, Greece, Grenada, Guatemala, Guinea, Guyana, Haiti, Honduras, Hungary, India, Indonesia, Iran, Iraq, Jamaica, Jordan, Kenya, Kuwait, Lao People's Democratic Republic, Lebanon, Lesotho, Liberia, Libyan Arab Jamahiriya, Liechtenstein, Madagascar, Malawi, Malaysia, Maldives, Malta, Marshall Islands, Mauritania, Mauritius, Mexico, Micronesia, Mongolia, Morocco, Mozambique, Myanmar, Namibia, Nepal, Nicaragua, Niger, Nigeria, Oman, Pakistan, Panama, Paraguay, Peru, Philippines, Qatar, Republic of Korea, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Samoa, Sao Tome and Principe, Saudi Arabia, Senegal, Seychelles, Sierra Leone, Singapore, Somalia, Spain, Sri Lanka, Sudan, Suriname, Swaziland, Sweden, Syrian Arab Republic, Thailand, Togo, Trinidad and Tobago, Tunisia, Turkey, Uganda, Ukraine, USSR, United Arab Emirates, United Republic of Tanzania, Uruguay, Vanuatu, Venezuela, Viet Nam, Yemen, Yugoslavia, Zambia, Zimbabwe.

Against: Israel, United States.

Abstaining: Albania, Argentina, Australia, Belgium, Bulgaria, Canada, Czechoslovakia, Denmark, France, Germany, Iceland, Ireland, leafy, Japan, Lithuania, Luxembourg, Netherlands, New Zealand, Norway, Poland, Portugal, Romania, United Kingdom.

Jerusalem

Report of the Secretary-General. In a report of October 1991,(11) the Secretary-General submitted replies received from two Member States—Trinidad and Tobago and Ukraine—to his request for information on steps taken or envisaged to implement a 1990 resolution of the General Assembly deploring the transfer by some States of their diplomatic missions to Jerusalem and calling on them to abide by the relevant United Nations resolution.(12)


GENERAL ASSEMBLY ACTION

On 16 December 1991, the General Assembly adopted resolution 46/82 B by recorded vote.

The General Assembly,

Recalling its resolutions 36/120 E of 10 December 1981, 37/123 C of 16 December 1982, 38/180 C of 19 December 1983, 39/146 C of 14 December 1984, 40/168 C of 16 December 1985, 41/162 C of 4 December 1986, 42/209 D of 11 December 1987, 43/54 C of 6 December 1988, 44/40 C of 4 December 1989 and 45/83 C of 13 December 1990, in which it determined that all legislative and administrative measures and actions taken by Israel, the occupying Power, which had altered or purported to alter the character and status of the Holy City of Jerusalem, in particular the so-called "Basic Law" on Jerusalem and the proclamation of Jerusalem as the capital of Israel, were null and void and must be rescinded forthwith,

Recalling Security Council resolution 478(1980) of 20 August 1980, in which the Council, inter alia, decided not to recognize the "Basic Law" and called upon those States that had established diplomatic missions at Jerusalem to withdraw such missions from the Holy City,

Having considered the report of the Secretary-General of 22 October 1991,

1. Determines that Israel's decision to impose its laws, jurisdiction and administration on the Holy City of Jerusalem is illegal and therefore null and void and has no validity whatsoever;

2. Deplores the transfer by some States of their diplomatic missions to Jerusalem in violation of Security Council resolution 478(1980), and their refusal to comply with the provisions of that resolution;

3. Calls once more upon those States to abide by the provisions of the relevant United Nations resolutions, in conformity with the Charter of the United Nations;

4. Requests the Secretary-General to report to the General Assembly at its forty-seventh session on the implementation of the present resolution.

General Assembly resolution 46/82 B
16 December 1991 Meeting 152-1-4 (recorded vote)

16-nation draft (A/46/L.51 & Add.1); agenda item 35.

Sponsors: Afghanistan, Algeria, Bahrain, Cuba, Egypt, Guyana, Indonesia, Malaysia, Mauritania, Morocco, Oman, Pakistan, Sudan, Syrian Arab Republic, Viet Nam, Yugoslavia.

Recorded vote in Assembly as follows:

In favour: Afghanistan, Albania, Algeria, Antigua and Barbuda, Argentina, Australia, Austria, Bahamas, Bahrain, Bangladesh, Belarus, Belgium, Belize, Benin, Bhutan, Bolivia, Botswana, Brazil, Brunei Darussalam, Bulgaria, Burkina Faso, Burundi, Cambodia, Canada, Cape Verde, Central African Republic, Chad, Chile, China, Colombia, Comoros, Côte d’Ivoire, Cuba, Cyprus, Czechoslovakia, Democratic People's Republic of Korea, Denmark, Djibouti, Ecuador, Egypt, Estonia, Ethiopia, Fiji, Finland, France, Gabon, Gambia, Germany, Ghana, Greece, Grenada, Guatemala, Guinea, Guyana, Haiti, Honduras, Hungary, Iceland, India, Indonesia, Iran, Iraq, Ireland, Italy, Jamaica, Japan, Jordan, Kenya, Kuwait, Lao People’s Democratic Republic, Latvia, Lebanon, Lesotho, Liberia, Libyan Arab Jamahiriya, Liechtenstein, Lithuania, Luxembourg, Madagascar, Malawi, Malaysia, Maldives, Mali, Malta, Marshall Islands, Mauritania, Mauritius, Mexico, Micronesia, Mongolia, Morocco, Mozambique, Myanmar, Namibia, Nepal, Netherlands, New Zealand, Nicaragua, Niger, Nigeria, Norway, Oman, Pakistan, Panama, Papua New Guinea, Paraguay, Peru, Philippines, Poland, Portugal, Qatar, Republic of Korea, Romania, Rwanda, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Samoa, Sao Tome and Principe, Saudi Arabia, Senegal, Seychelles, Sierra Leone, Singapore, Solomon Islands, Somalia, Spain, Sri Lanka, Sudan, Suriname, Swaziland, Sweden, Syrian Arab Republic, Thailand, Togo, Trinidad and Tobago, Tunisia, Turkey, Uganda, Ukraine, USSR, United Arab Emirates, United Kingdom, United Republic of Tanzania, Uruguay, Vanuatu, Venezuela, Viet Nam, Yemen, Yugoslavia, Zambia, Zimbabwe.

Against: Israel,

Abstaining: Barbados,* Dominica, Dominican Republic, United States.

Assistance to Palestinians

Various organizations of the United Nations system continued to provide assistance in 1991 to the Palestinian people within the terms of their respective mandates. Notable among them were the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA), which maintained an extensive programme of education, health and relief services as well as other humanitarian assistance to Palestine refugees (see below, under "Palestine refugees"); the United Nations Development Programme (UNDP), whose economic and social assistance was primarily for the non-refugee population; the United Nations Environment Programme (UNEP), whose assistance focused on protecting and improving the environmental situation in the occupied territories; the United Nations Conference on Trade and Development (UNCTAD) and the United Nations Children's Fund (UNICEF). Assistance was also provided by the United Nations Secretariat's Centre for Social Development and Humanitarian Affairs, the Economic and Social Commission for Western Asia (ESCWA), the United Nations Centre for Human Settlements (Habitat) (UNCHS), the World Food Programme (WFP), the International Labour Organisation (ILO), the Food and Agriculture Organization of the United Nations (FAO), the International Fund for Agricultural Development, the United Nations Industrial Development Organization (UNIDO) and the General Agreement on Tariffs and Trade.

In May 1991,(13) the Secretary-General submitted a report providing an overview of the programme of economic and social assistance to the Palestinian people. In 1988,(14) the General Assembly had requested the Secretary-General to charge UNCHS with supervising the development of the assistance programme. In 1989,(15) the Assembly had requested the international community and United Nations, intergovernmental and non-governmental organizations to increase their assistance to the Palestinians, in close cooperation with PLO; reiterated its call for implementation of development projects in the occupied territory; called for the treatment on a transit basis of Palestinian exports and imports passing through neighbouring ports and points of exit and entry; and called for the granting of trade concessions and preferential measures for Palestinian exports on the basis of Palestinian certificates of origin. Similarly, in 1990,(16) the Assembly had requested WFP to provide food assistance to the Palestinians in the occupied territory; again requested increased assistance, in cooperation with PLO; called for the granting of trade concessions and preferential measures for Palestinian exports on the basis of Palestinian certificates of origin; and reiterated its call for the implementation of development projects.

On behalf of the Secretary-General, the UNCHS Executive Director undertook to obtain information on the implementation of those resolutions. As at 11 September 1991, replies to his request had been received from nine United Nations bodies and seven specialized agencies. They were summarized in his report.

UNCTAD activities. The Special Economic Unit within the UNCTAD secretariat concentrated its work during the period from July 1990 to June 1991 on four main areas: monitoring and analysing policies and practices of Israeli occupation authorities that hampered economic development in the occupied territory; investigating the impact of such policies and practices on key economic sectors; developing a database, including the dissemination of relevant qualitative and quantitative information on the economy of the occupied territory; and co-ordinating with and contributing to the relevant activities of United Nations organizations. In carrying out those activities, close consultations were maintained with Palestinian and other concerned authorities.

A report of UNCTAD to the Trade and Development Board reviewed the main developments in the economy of the occupied territory during the period under review. It provided updated information on the impact of the Palestinian uprising and related Israeli measures on the aggregate and sectoral performance of the Palestinian economy. Special attention was given to the impact of the recent crisis on the Palestinian economy, with particular reference to the plight of Palestinian migrant workers, as well as the effects of the declining levels of remittances and transfers to the territory and continuing deficiencies in the domestic production base. The report also identified feasible measures aimed at redressing the deteriorating economic situation.

The secretariat intensified work on an intersectoral study on the prospects for sustained economic and social development in the West Bank and Gaza Strip. Within the frame of the study, 27 sectors, subsectors and issues were identified for in-depth investigation. Detailed outlines were developed and 25 studies were commissioned covering various economic and social sectors/issues, including agriculture, industry, energy, housing, water resources, population and labour, transport, services, finance, education, health, public administration and social welfare services. Work was initiated on a conceptual/analytical framework to provide technical guidelines for investigating future prospects in each field. The findings of those studies were to be integrated into a frame of reference outlining development prospects, strategies and policy options. The intersectoral study was expected to be completed in 1992.

An in-depth study was completed of tourism and related economies of the occupied territory. The study examined the performance of the sector prior to and since the Israeli occupation, including an analysis of the importance of tourism for the Palestinian economy. It focused on the factors that had constrained the performance of that sector up to 1987 and subsequently during the Palestinian uprising. Special attention was given to an assessment of its immediate outlook and needs for revival, including measures for immediate action. The prospects for sustained growth and long-term development of the sector were to be investigated separately within the frame of the intersectoral study. To the extent possible and where relevant, attempts were made to coordinate those efforts with those of the World Tourism Organization, including consultations on substantive issues.

The work of the UNCTAD secretariat on its database on the economy of the occupied territory culminated in the publication of database extracts on economic issues and related Israeli practices in the occupied territory (West Bank and Gaza Strip), from January to December 1989, the fourth in a series of monitoring reports on economic and social issues and related Israeli policies and practices in the occupied Palestinian territory. Along with the previous issues, the document was intended to constitute a cumulative chronology of major developments and related issues which dominated economic activities in the territory; serve as a source of reference for further investigation of the issues concerned; and supplement information and analysis in UNCTAD's reports and studies on the economy of the territory.

Work was intensified on the structuring of the statistical series in the secretariat's database on the economy of the territory; this entailed the identification of data sources, followed by classification, entry, verification and tabulation of available series for 1968-1987, covering national income accounts, balance of payments, external merchandise trade, population and labour force. Apart from serving as a consolidated source of quantitative information on the Palestinian economy for over 20 years of occupation, the new statistical series also provided the basis for the secretariat's current task of assessing future growth trends and establishing targets under different scenarios, in connection with the preparation of the overall intersectoral study.

In line with work programme requirements and with General Assembly and Economic and Social Council resolutions, the secretariat intensified efforts to strengthen coordination and cooperation with an increasing number of United Nations organizations and international NGOs and others involved in work on and/or concerned with the economic and social situation of the Palestinians in the occupied territory. This included the dispatch of missions to Amman (Jordan), Cairo (Egypt) and Tunis (Tunisia). Regarding access to the occupied Palestinian territory by UNCTAD staff, Israel had not responded to UNCTAD's request on the matter.

UNDP activities. In response to a General Assembly resolution of 1990,(16) as well as other relevant resolutions and decisions of the Assembly, the Economic and Social Council and the UNDP Governing Council, the UNDP programme of assistance to the Palestinian people was expanded considerably. In 1990, estimated delivery figures for development assistance in the occupied territories increased to approximately $11 million, compared to a delivery rate of $3.8 million in 1989.

In preparing for future assistance to the Palestinians during 1992-1996, the UNDP Governing Council, at its special session in February 1991 increased the resources for the programme by 25 per cent, from $12 million in 1987-1991 to $15 million. As a result, the level of central resources for the Palestinians was greater than funds earmarked by UNDP for over 90 other countries and territories.

With supplementary funding provided by other donor Governments and organizations, including the Arab Gulf Fund for United Nations Development Organizations (AGFUND), Canada, Greece, Italy, Japan, Jordan, Tunisia and the United States, UNDP's assistance programme had been active for over a decade. Since its inception in 1980, the Governing Council had allocated $40.5 million to that activity, including the 1992-1996 allocation; over $22 million had been provided in supplementary funding.

Current and future activities of the programme were to focus on opportunities for Palestinian entrepreneurship and employment, environmental concerns and human development. In 1990, the Administrator had announced the designation of a Special Representative to take up in early 1991 overall responsibility for UNDP activities in the occupied territories.

In a May 1991 report to the Governing Council,(17) the Administrator stated that since its modest start in 1980, the UNDP programme had progressively become a leading provider of development assistance for the benefit of the Palestinians in the West Bank and Gaza.

While that assistance initially had largely been concentrated on the education and health sectors, coverage steadily widened to encompass basic infrastructure in agriculture, industry, commerce and human resources development. The programme had in recent years comprehensively addressed the complex issues of economic development and self-sufficiency. The 12 months preceding May 1991 had been particularly significant in that respect, the Administrator said, as they saw the launching of a number of important new projects in fields crucial to the future economy of the occupied territories.

Recent political events had re-emphasized the importance of employment-generating activities. At the urgent request of the Secretary-General, the Director of the programme led an inter-agency mission to the occupied territories in May 1991, in order to prepare an extensive portfolio of employment-generating projects for consideration by the donor community. Other participating organizations were the United Nations, ILO, WFP and UNRWA.

In addition to the allocation of $15 million for 1992-1996 from Special Programme Resources UNDP s programme of assistance benefited from multi-bilateral contributions and cost-sharing arrangements for a number of specific projects. As at March 1991, eight donors had pledged contributions totalling $19,485,000; the four largest contributions were pledged by Italy ($11.5 million), Japan ($5 million), the United States and AGFUND ($1 million each).

The Administrator cited several recent significant developments. The Business Development Centre was now fully operational, several management and technical training sessions had been implemented and feasibility studies for new business ventures had been carried out. Arrangements for the credit operations were being worked out and the system was expected to be in place in the near future. Construction of the citrus processing plant in the Gaza Strip, with a capacity of 15 tons per hour, started after some delay, owing to the curfew imposed on the area as a result of the hostilities in the Persian Gulf; completion of the work was expected for the latter part of 1992, subject to availability of funds.

Also in Gaza, construction of a vegetable grading and packing facility—with the capacity to handle 7 to 8 tons of vegetables per shift—was soon to be launched; that facility was particularly important for the direct export of Palestinian produce. The Nablus industrial zone, which was to include important cold storage facilities, was almost ready; it would allow existing light industries to move away from residential areas and would facilitate the creation and operation of new ones.

In the agricultural field, final details had been worked out for the installation of modern irrigation equipment and systems in the Gaza Strip by mid-year 1991; the purpose of the project was to increase agricultural production and productivity While at the same time optimizing the use of water.

Work on the installation of a sewage collection network in the Jabalya refugee camp was well under way, and a technical assistance project to train maintenance personnel for the local sewerage system had been started in Gaza.

Two important horticultural projects, which had been the subject of intensive study for some time, were to be implemented. shortly: a marketing services centre for horticultural products was to be established on the West Bank, with the active assistance of the International Trade Centre, while Construction was to start on a grape processing plant previously delayed by financial difficulties.

Finally, the Administrator reported that, after lengthy delays, clearance had been received for the implementation of a poultry hatchery project and for the undertaking of a feasibility study on a fishing and commercial port in Gaza.

With regard to future directions, the Administrator said that as a result of the recent developments in the Middle East, the economic situation in the occupied territories had worsened dramatically; at the same time, it had become increasingly difficult for Palestinians to find employment in Israel. Trapped between a dramatic drop in remittances from family members living abroad, structural unemployment in the territories and employment restrictions in Israel, a large proportion of the Palestinians had nowhere to turn except to short-term emergency assistance. In those circumstances, the building of a self-sufficient economy had become of utmost urgency.

The inter-agency mission led by the Director of UNDP's assistance programme was to be the first important step in that direction. It was to be followed by a longer-term effort for the identification, formulation, resource mobilization and implementation of projects which were to serve as a basis for a dynamic and self-sustaining economy in the occupied territories. The majority of the projects currently under implementation were already playing an important role in that respect.

The $15 million allocated to the programme for the 1992-1996 programming cycle would allow the financing of a core programme which could serve as the focal point for much broader development activities to be identified and formulated by UNDP. The responsiveness of donor Governments and their willingness to complement UNDP resources with multi-bilateral funding would expand the impact of the assistance programme.

Noting the achievements of the programme, the Governing Council, on 25 June,(18) invited Governments and other donors to make financial contributions to it.

UNEP activities. In February 1989, UNEP and the World Health Organization (WHO) Regional Office for the Eastern Mediterranean (Alexandria, Egypt) had initiated a training project on water supply, sanitation and health for environmental health officers, to help improve the quality of drinking-water, sanitation and food hygiene so as to control diarrhoeal and other water-borne diseases in Palestinian refugee camps and settlements. The project was expected to run through June 1991. UNEP's contribution was approximately $30,000 in cash, while WHO contributed $15,000 in kind.

Two training courses had been held at Amman (November 1989 and February 1990) for 36 environmental officers. A manual, in Arabic and English, on water supply and sanitation was prepared and field tested; 300 copies in each of the two languages were to be published. Evaluation of the project's impact on camp conditions and the performance of trained environmental health officers was under way, with a report expected in June 1991. Future activities and follow-up depended on the evaluation mission's recommendations.

UNICEF activities. UNICEF reported that it had been supporting programmes for Palestinian children and women in Jordan, Lebanon, the Syrian Arab Republic, the West Bank and the Gaza Strip. In cooperation with UNRWA and other relevant United Nations agencies, assistance was provided in the fields of health, pre-school and primary education, women's programmes, water supply and sanitation. Emphasis was placed on reducing infant mortality through improvements in primary health care, and on promoting health education for mothers and primary school children. Special attention was given to protecting children against the six vaccine-preventable diseases, controlling diarrhoeal diseases and acute respiratory infections, and promoting safe delivery practices for mothers. Since the beginning of the hostilities in the Persian Gulf in August 1990, strenuous efforts had been made to sustain those programmes and new programmes were being planned to address the impact of the hostilities.

UNIDO activities. Since the third session of its General Conference in November 1989, UNIDO had focused on the following activities. In response to a request of UNDP's programme of assistance to the Palestinian People, UNIDO sent a mission to the occupied territories to examine the feasibility of establishing a vegetable grading and packing house to be used mainly for exports from the Gaza Strip to the countries of the European Economic Community. As a result, a technical report was prepared and submitted to UNDP in December 1989. A project document prepared by UNIDO on assistance to the plastics industry was under consideration by UNDP; the objective of the assistance was to establish a plastics testing laboratory in the occupied territories.

Negotiations were under way with the ILO International Centre for Advanced Technical and Vocational Training, at Turin, Italy, to undertake a training course in pharmaceutical and chemical industries; it had been agreed that details of implementation had to be worked out in the near future. UNDP was expected to finance that activity.

The final report on the UNIDO seminar on obstacles to and prospects for the Palestinian industrial sector (Vienna, October 1989), which contained the seminar's recommendations for further assistance, was distributed in March 1990. At the same time, discussions were held with representatives of Palestine, the Arab Industrial Development and Mining Organization, ESCWA and the UNDP office at Jerusalem on ways and means of implementing those recommendations. It was agreed in principle on a meeting of those organizations in 1991.

Close cooperation and coordination with other United Nations agencies and organizations were pursued, particularly with regard to the issuance of the bulletin West Bank and Gaza Update, which was covering the needs of those organizations in support of the Palestinians. Meanwhile, UNIDO took part in an inter-agency meeting (Geneva, May 1990), which dealt with ways and means of responding to the Palestinians' social and economic needs.

Following discussion of a report on UNIDO's technical assistance to the Palestinians, the Industrial Development Board, at its November 1990 session, adopted a decision requesting UNIDO to sustain and increase its assistance to the Palestinians and to undertake a number of activities, including cooperation with relevant United Nations bodies, in the efforts aimed at establishing a marketing centre for Palestinian industrial products.

Action by the Commission on Human Settlements. The Commission on Human Settlements on 8 May 1991,(19) requested the Secretary-General, in consultation with the UNCHS Executive Director and PLO, to devise a plan for implementing a shelter strategy for the Palestinians to the year 2000, as contained in the Executive Director's report on the housing requirements of the Palestinians (for details, see PART THREE, Chapter IX).

FAO activities. In accordance with a 1989 request of the FAO Conference, a mission to study and evaluate the situation of the agricultural sector in the occupied Palestinian territory took place from 23 August to 6 September 1991, the FAO Director-General reported. The mission's report, which identified a number of possible technical interventions by FAO, was attached to the Director-General's report. In the mission's view, the most urgent area for action related to citrus production in Gaza. Other possible interventions were in the areas of crop production and protection, livestock, fisheries, marketing, agro-industries, water problems, land issues, institutions, the role of women and environment.

The FAO Conference in November 1991, endorsed the approach suggested by the mission. It requested the Director-General to bring the recommendations to the attention of all potential donors and invited him to formulate projects and activities in implementation of those recommendations.

A symposium on the Palestinian agricultural sector took place in Rome (9-11 October 1991), with the participation of several United Nations bodies and consultants, and experts from the West Bank and Gaza Strip.

ILO activities. ILO pursued its efforts to implement and develop its technical assistance programme in the occupied territories. Its current projects concerned vocational training, trade union training and rehabilitation of handicapped persons. The ILO Director-General's annual report on the situation of the Arab workers in the occupied territories was submitted to the ILO Conference in June 1991.


ECONOMIC AND SOCIAL COUNCIL ACTION

On 26 July 1991, on the recommendation of its Third (Programme and Co-ordination) Committee, the Economic and Social Council adopted resolution 1991/69 by vote.
Assistance to the Palestinian people

The Economic and Social Council,

Recommends to the General Assembly the adoption of the following draft resolution:
[For text, see General Assembly resolution 46/201 below].

Economic and Social Council resolution 1991/69
26 July 1991 Meeting 32 48-1

Approved by Third committee (E/1991/134) by vote (48-1-1), 24 July (meeting 18); 12-nation draft (E/1991/C.3/L.8): agenda item 13.

Sponsors: Algeria, Cuba, Egypt, Indonesia, Iraq, Libyan Arab Jamahiriya, Morocco, Pakistan, Sudan, Tunisia, Yemen, Zambia.

The situation of and assistance to Palestinian women was the subject of Council resolution 1991/19.


GENERAL ASSEMBLY ACTION

On 20 December, on the recommendation of the Second (Economic and Financial) Committee, the General Assembly adopted resolution 46/201 by recorded vote.
Assistance to the Palestinian people

The General Assembly,

Recalling its resolution 45/183 of 21 December 1990,

Taking into account the intifadah of the Palestinian people in the occupied Palestinian territory against the Israeli occupation, including Israeli economic and social policies and practices,

Rejecting Israeli restrictions on external economic and social assistance to the Palestinian people in the occupied Palestinian territory,

Concerned about the economic losses of the Palestinian people as a result of the Gulf crisis,

Aware of the increasing need to provide economic and social assistance to the Palestinian people,

Affirming that the Palestinian people cannot develop their national economy as long as the Israeli occupation persists,

1. Takes note of the report of the Secretary-General;

2. Expresses its appreciation to the States, United Nations bodies and intergovernmental and non-governmental organizations that have provided assistance to the Palestinian people;

3. Requests the international community, the United Nations system and intergovernmental and non-governmental organizations to sustain and increase their assistance to the Palestinian people, in close cooperation with the Palestine Liberation Organization, taking into account the economic losses of the Palestinian people as a result of the Gulf crisis;

4. Calls for treatment on a transit basis of Palestinian exports and imports passing through neighbouring ports and points of exit and entry;

5. Also calls for the granting of trade concessions and concrete preferential measures for Palestinian exports on the basis of Palestinian certificates of origin;

6. Further calls for the immediate lifting of Israeli restrictions and obstacles hindering the implementation of assistance projects by the United Nations Development Programme, other United Nations bodies and others providing economic and social assistance to the Palestinian people in the occupied Palestinian territory;

7. Reiterates its call for the implementation of development projects in the occupied Palestinian territory including the projects mentioned in its resolution 39/223 of 18 December 1984;

8. Calls for facilitation of the establishment of Palestinian development banks in the occupied Palestinian territory, with a view to promoting investment, production, employment and income therein;

9. Requests the Secretary-General to report to the General Assembly at its forty-seventh session, through the Economic and Social Council, on the progress made in the implementation of the present resolution.

General Assembly resolution 46/201
20 December 1991 Meeting 79 137-2 (recorded vote)

Approved by Second committee (A/46/727) by recorded vote (135-2-3) 11 December (meeting 58); draft recommended by Economic and Social Council resolution 1991/69 (A/C.2/46/L.12); agenda item 12.

Meeting numbers. GA 46th session: 2nd Committee 13-16, 19-21, 26-29, 32, 38, 51, 56, 58; plenary 79.

Recorded vote in Assembly as follows:

In favour: Albania, Algeria, Angola, Antigua and Barbuda, Argentina, Australia, Austria, Bahamas, Bahrain, Bangladesh, Barbados, Belarus, Belgium, Benin, Bolivia, Botswana, Brazil, Brunei Darussalam, Bulgaria, Burkina Faso, Burundi, Cameroon, Canada, Cape Verde, Central African Republic, Chad, Chile, China, Colombia, Congo, Costa Rica, Côte d’Ivoire, Cuba, Cyprus, Czechoslovakia, Denmark, Djibouti, Ecuador, Egypt, Estonia, Ethiopia, Fiji, Finland, France, Gabon, Germany, Ghana, Greece, Guatemala, Guinea, Guinea-Bissau, Guyana, Honduras, Hungary, Iceland, India, Indonesia, Iran, Iraq, Ireland, Italy, Jamaica, Japan, Jordan, Kenya, Kuwait, Lao People's Democratic Republic, Latvia, Lebanon, Lesotho, Liberia, Libyan Arab Jamahiriya, Liechtenstein, Lithuania, Luxembourg, Madagascar, Malawi, Malaysia, Maldives, Mali, Malta, Mauritania, Mexico, Micronesia, Mongolia, Morocco, Mozambique, Myanmar, Namibia, Nepal, Netherlands, New Zealand, Nicaragua, Niger, Nigeria, Norway, Oman, Pakistan, Panama, Philippines, Poland, Portugal, Qatar, Republic of Korea, Romania, Saint Lucia, Samoa, Sao Tome and Principe, Saudi Arabia, Senegal, Singapore, Solomon Islands, Somalia, Spain, Sri Lanka, Suriname, Swaziland, Sweden, Syrian Arab Republic, Thailand, Togo, Trinidad and Tobago, Tunisia, Turkey, Uganda, Ukrainian SSR, USSR, United Arab Emirates, United Kingdom, United Republic of Tanzania, Uruguay, Venezuela, Viet Nam, Yemen, Yugoslavia, Zambia, Zimbabwe.

Against: Israel, United States.
REFERENCES

(1)YUN 1980, p. 399. (2)A/46/35. (3)YUN 1967, p. 257, SC res. 242(1967), 22 Nov. 1967. (4)YUN 1973, p. 213, SC res. 338(1973), 22 Oct. 1973. (5)YUN 1976, p. 234. (6)YUN 1983, p. 274. (7)YUN 1947-48, p. 247, GA res. 181 A (II), 29 Nov. 1947. (8)YUN 1948-49, p. 174, GA res. 194(III), 11 Dec. 1948. (9)GA res. 45/67 C, 6 Dec. 1990. (10)A/AC.198/1991/4. (11)A/46/586. (12)GA res. 45/83 C, 13 Dec. 1990. (13)A/46/204-E/1991/80 & Add.1,2. (14)GA res. 43/178, 20 Dec. 1988. (15)GA res. 44/235, 22 Dec. 1989. (16)GA res. 45/183, 21 Dec. 1990. (17)DP/1991/65. (18)E/1991/34 (dec. 91/18). (19)A/46/8 (res. 13/6).


___________________________________

Incidents and disputes
involving Arab countries and Israel
___________________________________

Iraq and Israel

By decision 46/442 of 20 December 1991, the General Assembly decided to defer to a later date during its forty-sixth session and to include in the provisional agenda of its forty-seventh session consideration of the item on armed Israeli aggression against Iraqi nuclear installations, on its agenda since 1981(1) following the bombing by Israel of a nuclear research centre near Baghdad.

Lebanon

The situation in Lebanon was marked by continued hostilities and violence throughout 1991, with dire consequences, largely for the civilian population. This was reflected in several communications from Lebanon addressed to the Secretary-General during the year.(2) None the less, the Lebanese Government could extend its authority beyond the greater Beirut area towards the north, east and south. Militias previously operating in those areas were successfully disbanded and their weapons turned over to the Lebanese army, thus ensuring the return of stability and security.(3) In the most southern part of the country, however, Israel continued to consolidate its hold over the area it controlled, increasingly separating it from the rest of Lebanon. Israel reiterated that it had no territorial ambitions in Lebanon and said the "security zone" was a temporary arrangement necessary as long as the Lebanese Government was not able to exercise effectively its authority and prevent its territory from being used to launch attacks against Israel.

The boundaries of the Israeli-controlled area were not clearly defined, but were determined by the forward positions of the Israel Defence Forces (IDF) and the de facto forces (DFF) (the so-called South Lebanon Army); the area included territory adjacent to the armistice demarcation line, parts of the sectors of the Fijian, Nepalese, Irish and Finnish battalions of the United Nations Interim Force in Lebanon (UNIFIL) and the entire sector of the Norwegian UNIFIL battalion, as well as sizeable areas to the north of the UNIFIL area of operation. Within that area of operations, IDF and DFF had increased their military positions from 66 to 70 in January 1991, a number that decreased to 65 later in the year. Israel had also begun to establish a civil administration in the area under its control.

While taking note of the Lebanese Government's efforts to restore its authority, Israel said it was not prepared to modify the arrangements it had established on Lebanese territory, nor did it consider that UNIFIL as a peace-keeping force could replace them. Following the beginning of the Arab-Israeli peace talks, Israel added that all problems between Israel and Lebanon should be dealt with bilaterally in the framework of the peace process, including the interpretation and implementation of resolution 425(1978)(4) and subsequent Security Council resolutions.

IDF and DFF remained targets for attacks by Lebanese groups opposed to the occupation. For their part, IDF and DFF reacted vigorously to those attacks, often with heavy weapons and air support from Israel. UNIFIL often found itself caught in the crossfire. In the Norwegian UNIFIL sector, which had been entirely under Israeli control since the second Israeli invasion of Lebanon in 1982, IDF/DFF military operations had increased markedly, despite repeated UNIFIL protests.

In other developments, a long-standing intensive process of "quiet diplomacy" by the Secretary-General and his special envoy, Giandomenico Picco, led to the release in August 1991 of the first of eleven Western hostages who had been held in Lebanon. By the end of the year eight more Western hostages had been released, as well as 91 Lebanese, who had been detained in southern Lebanon without due process of law, and the remains of nine others. Efforts continued on behalf of a number of Lebanese who continued to be detained illegally.

At the request of Israel, the Secretary-General's special envoy was able to obtain conclusive information about two of its soldiers who had been missing in action in Lebanon, and the remains of another one was returned to his homeland. The process also served to resolve the fate of Lieutenant-Colonel William Higgins, a United States national, who had been serving with UNIFIL when he was abducted in February 1988, and whose captors had announced his execution in July 1989. In December 1991, the remains of Lieutenant-Colonel Higgins were finally returned to the United States hands. Also in December, the remains of another Western hostage, United States Foreign Service Officer William Buckley, were returned.

Despite intensive and continuing efforts, by the end of 1991 the fate of Alec Collett, a British journalist kidnapped in Lebanon in March 1985 while on assignment for UNRWA, had still not been resolved. Also of concern were a number of other missing people, including four Israeli soldiers, four Iranian diplomats who disappeared in Beirut in 1982, and several nationals of other countries, all of whose cases were pursued in earnest.

In statements throughout the period, the appreciation of the Secretary-General was expressed for the assistance received from Governments, noting in particular Iran, Lebanon and the Syrian Arab Republic. He also thanked the Government of Israel for having facilitated the release of so many Lebanese.


UNIFIL

During 1991, at the request of Lebanon and on the recommendation of the Secretary-General, the Security Council twice extended the mandate of UNIFIL, in January and July, each time for a six-month period.

Established by the Council in 1978(4) following Israel's invasion of Lebanon in March of that year,(5) UNIFIL was entrusted with confirming the withdrawal of Israeli forces, restoring international peace and security, and assisting the Government of Lebanon in ensuring the return of its effective authority in the area. A second Israeli invasion launched in June 1982,(6) radically altered the situation in which UNIFIL had to function. Shortly thereafter, the Council authorized the Force to carry out, in addition to its original mandate, the interim tasks of providing protection and humanitarian assistance to the local population while maintaining its positions in its area of deployment.(7)

The Force was assisted by the Observer Group Lebanon, a group of 65 unarmed military observers organized from UNTSO and under the operational control of the UNIFIL Commander. The observers manned five observations posts along the Lebanese side of the Israel-Lebanon armistice demarcation line; they also operated four mobile teams in that part of the UNIFIL area of operation which was controlled by Israel. Two observers were assigned to UNIFIL headquarters.

In accordance with its mandate of assisting the Government of Lebanon in ensuring the return of its effective authority in the UNIFIL area, UNIFIL continued during the year to discuss with the Lebanese military authorities arrangements for a transfer to the Lebanese army of responsibility for security in certain areas currently controlled by the Force. The deployment of the Lebanese army in 1991 to other parts of southern Lebanon, including the Tyre pocket, added impetus to those discussions, as did the army's success in the village of Tayr Dibbah in mid-November, when clashes among the inhabitants had occasioned the deployment of a company-sized Lebanese army detachment.

The Force continued to oppose attempts by armed elements to enter or operate within its area of deployment. At times, this led to friction at its checkpoints, occasionally followed by harassment and threats directed at its members. As the members of the Security Council were informed at the time, two particularly serious incidents took place in September. On 13 September, one UNIFIL soldier was killed, while five others were wounded during firing by DFF/IDF on a vacant building not far from Israeli border installations where three armed Palestinians had detained 12 UNIFIL soldiers; during the incident, one of the three Palestinians was also killed and another wounded. The United Nations protested those actions to PLO and Israel. In another incident of 14 September, a Nepalese UNIFIL soldier was killed by a rocket-propelled grenade, as was one of the three unknown attackers.

As part of its mandate, UNIFIL troops detonated mines, roadside bombs and unexploded remnants of war, and dismantled ordnance of various types in the area of deployment. The Force cooperated closely on humanitarian matters with the Lebanese authorities, the United Nations agencies and programmes operating in Lebanon, the International Committee of the Red Cross (ICRC) and NGOs It continued to extend humanitarian assistance to the civilians in its area, by providing water, food, fuel and electricity, and escorting farmers. In addition, medicines, equipment and services to schools were made available from troop-contributing countries. UNIFIL medical centres provided care to an average of 3,000 civilian patients per month. At Lebanon's request, UNIFIL assisted in administering the official Baccalaureate examination to 800 students living in the Israeli-controlled area.

Commanded by Lieutenant-General Lars-Eric Wahlgren of Sweden, UNIFIL, as et January 1991, had a total strength of 5,853. However, by January 1992, its strength had decreased to 5,764 military personnel, provided by nine countries, namely, Fiji, Finland, France, Ghana, Ireland, Italy, Nepal, Norway and Sweden.

Report of the Secretary-General (January). On 23 January 1991, the Secretary-General reported to the Security Council on developments in the UNIFIL area for the six-month period since 25 July 1990.(8) He acknowledged important steps Lebanon informed him of having taken towards implementation of resolution 425(1978), notably the formation of a Government of national unity, the assumption by the Lebanese army of the control of the Greater Beirut area and a decision by the Council of Ministers to deploy the army in certain parts of southern Lebanon.(9)

The Secretary-General welcomed the progressive deployment of the army to the southern part of the country as a necessary first step towards restoring the Government's effective authority there. In his words, UNIFIL stood ready to cooperate with the Lebanese army when it reached the UNIFIL area and to begin progressively transferring to it responsibility for security. As was recognized by the Government, the feasibility of that step depended on its unhindered ability to deploy, rotate supply and command the unit or units concerned and on those units' ability and willingness to act effectively to maintain security in the areas assigned to them. The Secretary-General hoped that all those who professed their wish to see again a strong and effective Government in Beirut would do all in their power to ensure that there was no impediment to the delicate process of deploying the Lebanese army to southern Lebanon.

Meanwhile, Israel had continued its efforts to establish and strengthen civil administrations in different locations of the area it controlled; some major towns had administrators and gendarmerie. The administrators, however, had no power other than to issue birth and death certificates, marriage licences and vehicle registrations. The General Security Service (GSS) of IDF and DFF kept a close watch on their activities. In certain towns, residents resisted attempts by IDF and DFF to establish civil administration offices, despite harassment and pressure on the local leaders. In three towns Chebaa, Kafr Hammam and Kafr Chouba, travel restrictions were imposed on citizens who wanted to leave the Israeli-controlled area. The mayor of Kafr Hammam had been forced to leave the area when he refused the demand of GSS that he bring one of his sons back from the Bekaa valley. After the Lebanese Government had sought UNIFIL's help, UNIFIL took up the matter with IDF, which gave assurances for his safe and unconditional return to resume his official functions. In addition to the arrest of Lebanese citizens in the Israeli-controlled area, IDF/DFF had abducted a number of Lebanese from Al Mansouri and Hebbariye in the UNIFIL area, who were released as a result of UNIFIL's efforts.

UNIFIL also continued, in accordance with its mandate, to prevent its area from being used for hostile activities. In those parts of UNIFIL's area not under Israeli control, a high degree of calm and tranquillity prevailed and economic activity continued to increase. In order to foster the confidence necessary for such investment, UNIFIL established new positions close to the edge of the Israeli-controlled area; it also continued to press Israel to end the shelling of civilian targets and withdraw DFF from certain positions that were most frequently responsible for such firing and attracted attacks by armed elements. The Norwegian battalion, being deployed wholly within the Israeli-controlled area, was in a particularly difficult situation; its ability to prevent hostilities and promote normal civilian activities depended on the cooperation of IDF.

During the period covered by the report, 4 members of the Force lost their lives and 16 suffered injuries. In carrying out their duties, UNIFIL personnel were exposed to many dangers; however, progress had again been made in improving the physical security of UNIFIL's positions, including the newly established ones. Emphasizing that security for the Force could be achieved only if all the parties cooperated, respected its international and neutral status and avoided exposing its members to danger, the Secretary-General appealed to the parties to act accordingly. In view of UNIFIL's continued significant contribution to the maintenance of international peace and security in a volatile area, he recommended that its mandate be extended for another six months, as requested by Lebanon on 14 January.(9)

As an addendum to his report,(10) the Secretary-General presented a review of UNIFIL's scale and deployment, carried out by the United Nations Office for Special Political Affairs and the UNIFIL Commander, in accordance with a request by Council members agreed on during informal consultations on 31 July 1990 and confirmed by the Council President in September of that year.(11)

The review took note of the fact that UNIFIL faced certain difficulties and dangers owing to the anomaly arising from the task of preventing its area from being used for hostile activities, when those activities included resistance to an occupation against which the Security Council had repeatedly pronounced itself. The solution to that anomaly was seen in the withdrawal of Israeli forces from Lebanese territory, as originally required by resolution 425(1978), accompanied by the process of the Lebanese army progressively assuming responsibility for security in UNIFIL's current area of deployment. That would make it possible for UNIFIL to deploy down to the international border, a process which was likely, at least initially, to create a need for an increase in the Force's strength.

For the short term, the review recommended measures for streamlining the Force, which would produce a savings of some 10 per cent in its strength. In making these recommendations, it was emphasized that the review had been carried out at a time when it was particularly difficult to judge the course of future events in southern Lebanon. While on the one hand there had been hopeful developments, notably the ending of the civil war in the Greater Beirut area and the start of a programme to reunite and strengthen the Lebanese army, on the other, Israel had given no indication that it would be ready in the immediate future to withdraw its forces completely. It must also be assumed, the report said, that various Lebanese and non-Lebanese groups would want to continue using the southern part of the country as a base from which to launch attacks against Israel, and it was likely to take time for the Lebanese Government to exercise effective authority in the south. In the medium term, it was hoped that UNIFIL could implement its original mandate by deploying to the international border; at that time, a new set of options for the Force's scale and deployment would have to be examined, including a likely expansion of its strength.


SECURITY COUNCIL ACTION (January)

The Security Council met on 30 January 1991 to consider the Secretary-General's report. The Council adopted resolution 684(1991) unanimously.

The Security Council,

Recalling its resolutions 425(1978) and 426(1978) of 19 March 1978, 501(1982) of 25 February 1982, 508(1982) of 5 June 1982, 509(1982) of 6 June 1982 and 520(1982) of 17 September 1982, as well as all its resolutions on the situation in Lebanon,

Having studied the report of the Secretary-General on the United Nations Interim Force in Lebanon of 23 January 1991 and taking note of the observations expressed therein and in the addendum thereto of 28 January 1991, and without prejudice to the views of Member States thereon,

Taking note of the letter dated 14 January 1991 from the Permanent Representative of Lebanon to the United Nations addressed to the Secretary-General,

Responding to the request of the Government of Lebanon,

1. Decides to extend the present mandate of the United Nations Interim Force in Lebanon for a further interim period of six months, that is, until 31 July 1991;

2. Reiterates its strong support for the territorial integrity, sovereignty and independence of Lebanon within its internationally recognized boundaries;

3. Re-emphasizes the terms of reference and general guidelines of the Force as stated in the report of the Secretary-General of 19 March 1978, approved by resolution 426(1978), and calls upon all parties concerned to cooperate Fully with the Force for the full implementation of its mandate;

4. Reiterates that the Force should fully implement its mandate as defined in resolutions 425(1978), 426(1978) and all other relevant resolutions;

5. Requests the Secretary-General to continue consultations with the Government of Lebanon and other parties directly concerned with the implementation of the present resolution and to report to the Security Council thereon.


Security Council resolution 684(1991)
30 January 1991 Meeting 2975 Adopted unanimously

Draft prepared in consultations among Council members (S/22170).

On the same day, following consultations, the President issued a statement on behalf of the Council members:(12)


Report of the Secretary-General (July). In Lebanon outside the Israeli-controlled area, progress in the implementation of the Taif Agreement (the national accord document approved by the Lebanese Chamber of Deputies at al Taif, Saudi Arabia, on 22 October 1989 and ratified by the Lebanese Parliament on 5 November of that year) continued, the Secretary-General informed the Security Council in a report covering the period from 23 January to 20 July 1991.(13) The Lebanese Government had declared its intention to dissolve and disarm all Lebanese and non-Lebanese militias by 30 September and had taken significant steps in that regard.

Important progress had also been achieved in the deployment of the Lebanese army in southern Lebanon, with the assistance of UNIFIL. The Force continued to discuss with the Lebanese authorities arrangements for a progressive transfer to the Lebanese army of responsibility for security in the areas controlled by the Force. The UNIFIL Commander had proposed the establishment of a joint Lebanese army-UNIFIL working group to formulate a comprehensive programme for that process, which was envisaged to proceed parallel with UNIFIL's movement southwards towards the border and the progressive withdrawal of Israeli forces from the Israeli-controlled area thus bringing about implementation of resolution 425(1978).

Meanwhile, Israel continued to build up DFF and improve its ability to reinforce IDF inside Lebanon; as a consequence, the Israeli-controlled area was becoming increasingly separated from the rest of Lebanon. Recent weeks had seen a significant increase in resistance operations inside that area and in IDF/DFF harassment of villages to the north of it, inflicting death, injury and material loss on the civilian population. There were also many air and artillery attacks by IDF on targets to the north of the UNIFIL area. For its part, UNIFIL continued, to the best of its ability, to prevent its area from being used for hostile activities. It did everything it could to protect civilians caught up in conflict, but its ability to do so was limited when it was subjected to deliberate attack. It continued to press Israel to end the shelling of civilian targets and to withdraw DFF from positions which were most frequently responsible for such firing and attracted attacks by armed elements. UNIFIL also established further positions close to the edge of the Israeli-controlled area.

In carrying out their duty in an area where armed groups still abounded and hostilities occurred, the Force's personnel were exposed to many dangers. During the reporting period, four UNIFIL members lost their lives and seven were injured. Progress was made, however, in improving the physical security of UNIFIL's positions, including the newly established ones. The Secretary-General reiterated his appeal to all the parties to cooperate with the Force, respect its international and impartial status and avoid exposing its members to danger.

Stating that UNIFIL continued to make an important contribution to the maintenance of international peace and security, he recommended extension of its mandate for a further six-month period, until 31 January 1992, as requested by Lebanon on 15 July 1991.(14) He added that recent developments in the country had improved the prospects for the Force being able to carry out that part of its mandate that required it to assist the Government in ensuring the return of its effective authority in the area.


SECURITY COUNCIL ACTION (July)

The Security Council met on 31 July to consider the Secretary-General's report. At that meeting, it adopted resolution 701(1991) unanimously.

The Security Council,

Recalling its resolutions 425(1978) and 426(1978) of 19 March 1978, 501(1982) of 25 February 1982, 508(1982) of 5 June 1982, 509(1982) of 6 June 1982, and 520(1982) of 17 September 1982, as well as all its resolutions on the situation in Lebanon,

Having studied the report of the Secretary-General on the United Nations Interim Force in Lebanon of 21 July 1991, and taking note of the observations expressed therein,

Recalling the report of the Secretariat team and without prejudice to the views of Member States thereon,

Taking note of the letter dated 15 July 1991 from the Permanent Representative of Lebanon to the United Nations addressed to the Secretary-General,

Responding to the request of the Government of Lebanon,

1. Decides to extend the present mandate of the United Nations Interim Force in Lebanon for a further interim period of six months, that is, until 31 January 1992;

2. Reiterates its strong support for the territorial integrity, sovereignty and independence of Lebanon within its internationally recognized boundaries;

3. Re-emphasizes the terms of reference and general guidelines of the Force as stated in the report of the Secretary-General of 19 March 1978, approved by resolution 426(1978), and calls upon all parties concerned to cooperate fully with the Force for the full implementation of its mandate;

4. Reiterates that the Force should fully implement its mandate as defined in resolutions 425(1978), 426(1978) and all other relevant resolutions;

5. Requests the Secretary-General to continue consultations with the Government of Lebanon and other parties directly concerned with the implementation of the present resolution and to report to the Security Council thereon.

Security Council resolution 701(1991)
31 July 1991 Meeting 2997 Adopted unanimously

Draft prepared in consultations among Council members (S/22857).

After the vote and following consultations, the President made a statement on behalf of the Council members:(15)


Further reports of the Secretary-General. In a special report of 29 November,(16) the Secretary-General described the circumstances that led to the killing of an Irish UNIFIL soldier on 15 November. He also gave an overview of the recent increase in tension and hostilities in the UNIFIL area and neighbouring parts of southern Lebanon, most of which took place near IDF/DFF positions close to population centres and in areas where UNIFIL's deployment overlapped the Israeli-controlled area.

According to UNIFIL reports, clashes between armed elements and IDF/DFF increased from an average of just over one per month from January through March to more than five per month during the subsequent period, and shooting incidents increased from a monthly average of about 300 to around 450, reaching 847 in October. A similar increase in resistance activities, with an increased use of roadside bombs, and IDF/DFF retaliation north of the UNIFIL area were observed. As examples, the Secretary-General cited the detonation of a roadside bomb in Jarmaq on 20 October, in which three IDF soldiers were killed and two others injured; in retaliation, IDF/DFF shelled and conducted air strikes against the Nabatiyeh-Iklim Tuffah areas for five days. Following the retaliatory fire by IDF/DFF, which was in response to a roadside bomb attack south of Brashit on 23 August and lasted nine days, leaving one civilian killed and four wounded, the Lebanese population in the villages under attack fled; by 1 November, about 70 per cent were still absent. Since August, at least 11 Lebanese civilians had been killed and 30 wounded by roadside bombs and retaliatory fire. In a particularly tragic incident on 19 November, IDF/DFF made an incursion in the UNIFIL area at Majdal Silm, kidnapping four men, injuring two women and three children and demolishing two houses; a 10-year-old girl who pleaded with DFF personnel not to abduct her father was shot dead.

Firings—almost all by IDF/DFF—at or close to UNIFIL’s positions also increased, from a monthly average of about 6 in January-March to 22 in April and 68 in August-October.

In order to reduce hostilities, avoid further hardship for the civilians and prevent additional UNIFIL casualties, the Secretary-General said he had proposed to Israel that it withdraw IDF/DFF personnel from the most affected positions, which would then be taken over by UNIFIL.

An intensification of hostilities between IDF/DFF and Lebanese resistance groups was also noted in a later report covering developments in the UNIFIL area since 21 July.(17) The number of firings by IDF/DFF at or close to UNIFIL positions increased substantially during that period, while operations by resistance groups—49 between August and December—claimed a number of casualties, including civilians. IDF/DFF increasingly reacted to attacks by firing indiscriminately into nearby villages. UNIFIL continued to do all it could to protect civilians caught up in the conflict, although its ability to do so was limited by the amount of firing directed at it.


UNIFIL financing

Assessments totalling $1,985.7 million had been apportioned among Member States in respect of UNIFIL for the period from its inception on 19 March 1978 to 31 January 1992, against which contributions totalling $1,685.2 million had been received. As stated by the Secretary-General,(18) the outstanding balance of $300.5 million included an amount of $19.6 million due from China, transferred to a special account in accordance with a 1981 resolution of the General Assembly,(19) leaving an amount due of $280.9 million as at 30 November 1991.

Owing to the shortfall, UNIFIL could not meet its obligations on a current basis, particularly those due to the troop-contributing States, which had never been paid on a current and full basis in accordance with established rates. The UNIFIL Suspense Account, set up in 1979(20) to facilitate reimbursement to them for the costs of equipment and supplies to UNIFIL, had thus far not achieved that purpose. As at 31 October 1991, an estimated amount of $146.4 million was due to former and current troop-contributing States for troop costs; in addition, an estimated $13.1 million was due to Governments for contingent-owned equipment.

The Advisory Committee on Administrative and Budgetary Questions (ACABQ) was informed that the interim financial statement of 30 June 1991 for UNIFIL covering the 12-month period from 1 February 1989 to 31 January 1990 showed a surplus balance of $8,235,545, representing excess of income over expenditure; income included assessed contributions, irrespective of collectibility. In view of the unpaid assessments, the Secretary-General proposed the suspension of certain financial regulations; ACABQ said it intended to review the matter in the context of a performance report for the period from 1 February 1991 to 31 January 1992.(21)

The Secretary-General estimated the costs of UNIFIL for the period from 1 February 1992 to 31 January 1993 at $160,044,000 gross ($157,068,000 net), or $13,337,000 gross ($13,089,000 net) per month, based on an average Force strength of 5,850 troops. For the 12-month period beginning 1 February 1991, the General Assembly in 1990(22) had authorized commitments at a monthly rate not to exceed $12,789,000 gross ($12,557,000 net); it had also renewed its invitation to Member States to make voluntary contributions. As at 31 October 1991, voluntary contributions totalling some $6.6 million had been received from Governments, approximately $2 million of which had been contributed by Switzerland during the financial period from 1 February 1991 to 31 January 1992. In addition, Switzerland donated services and supplies in the amount of approximately $63,000.

In the event that decisions of the Security Council on the status of UNIFIL for mandate periods after 31 January 1992 would entail additional costs over the limit and during the period of authorization and/or appropriation, the Secretary-General would seek the necessary additional commitment authorization from the Assembly if it was then in regular session or, if it was not, by initial recourse to Assembly resolution 46/187 on unforeseen and extraordinary expenses for the 1992-1993 biennium, with the prior concurrence of ACABQ. In the latter case, should the amounts required exceed the financial limit stipulated in that resolution, it would be necessary to reconvene the Assembly to consider the matter.

ACABQ expressed concern about the disproportionate increase in civilian staff costs from $15.7 million in 1990-1991 to $22.1 million in 1992-1993. It was informed that the vacancy factor used for 1992-1993 was 18 per cent compared to an average of 29 per cent from February 1991 to January 1992. The Committee was of the view that it was unlikely that in 1992 the vacancy rate would be reduced to 18 per cent in view of the large number of new missions and the continued need to redeploy staff from established missions; it recommended that the projected vacancy rate be adjusted, which would result in savings. It further recommended a review of the basis and frequency of the salary scales for local staff, taking into account the payment by other agencies in the area. ACABQ was informed that, as at 30 September 1991, 132 local employees were on board, financed by general temporary assistance ($1,194,000), in addition to the established 208 local-level posts. It believed that the number of established and temporary local staff apart from personnel under contractual services ($400,000) was high and that there was a possibility for savings. It further noted that the temporary staff were part of the UNIFIL establishment and should be listed in the staffing table.

ACABQ noted that the cost estimates for premises were proposed to increase from $2.7 million in 1990-1991 to $5 million in 1992-1993, including the construction of a new headquarters building. It was not fully convinced of the need for such a substantial increase and was of the view that economies could be made. With regard to transportation, it noted the proposed purchase of 157 new vehicles for replacement at a cost of $4.3 million and a provision of $5.3 million for vehicle spare parts and commercial repairs. It believed that there was a need for economy in the purchase and maintenance of vehicles.

The Committee further noted that the provision for the support account for peace-keeping operations was decreasing from $2,151,000 in 1990-1991 to $1,876,000 in 1992-1993, while the civilian staff costs in the mission area were increasing considerably during the same period. It pointed out that over the previous two years the applied average ratio at UNIFIL was substantially higher than approved by the Assembly in resolution 45/258; it intended to review in 1992 the current rate and methodology on which the rate was based, in the context of its review of the budgets and financial status of the various peace keeping operations.

ACABQ recommended that the Assembly appropriate $153,468,000 gross ($150,684,000 net)—or $12,789,000 gross ($12,557,000 net) per month—authorized under a 1990 Assembly resolution(22) for the period 1 February 1991 to 31 January 1992. Subject to the decision of the Security Council on the renewal of UNIFIL after 31 January 1992, ACABQ recommended that the Assembly approve commitment authority up to the level of $13,337,000 gross ($13,089,000 net) per month, with its prior concurrence. It expected that economies would be made and be reflected in a performance report for that period, which it requested for early 1992. On that basis, and subject to a Council decision to renew UNIFIL after 31 July 1992, it would make its recommendations as to the actual requirements.

In his January end duly 1991 reports on UNIFIL, the Secretary-General drew the Security Council's attention to the continuing gravity of the Force's financial situation and urged Member States to pay their assessments promptly and in full and to clear all remaining arrears. This was all the more important, he said, as after nearly 13 years in the field, UNIFIL faced a growing need to replace equipment that had become obsolete or unserviceable—a fact recognized by the Assembly, which had increased UNIFIL's budget for the one-year period beginning 1 February 1991.


GENERAL ASSEMBLY ACTION

On 20 December 1991, on the recommendation of the Fifth (Administrative and Budgetary) Committee, the General Assembly adopted resolution 46/194 without vote.
Financing of the United Nations
Interim Force in Lebanon

The General Assembly,

Having considered the report of the Secretary-General on the financing of the United Nations Interim Force in Lebanon, and the related report of the Advisory Committee on Administrative and Budgetary Questions,

Bearing in mind Security Council resolution 425(1978) of 19 March 1978, by which the Council established the United Nations Interim Force in Lebanon, and the subsequent resolutions by which the Council extended the mandate of the Force, the latest of which was Council resolution 701(1991) of 31 July 1991,

Recalling its resolution S-8/2 of 21 April 1978 on the financing of the Force and its subsequent resolutions thereon, the latest of which was resolution 45/244 of 21 December 1990,

Reaffirming its previous decisions regarding the fact that, in order to meet the expenditures caused by the Force, a different procedure is required from the one applied to meet expenditures of the regular budget of the United Nations,

Taking into account the fact that the economically more developed countries are in a position to make relatively larger contributions and that the economically less developed countries have a relatively limited capacity to contribute towards such operations involving heavy expenditures,

Bearing in mind the special responsibilities of the States permanent members of the Security Council, as indicated in General Assembly resolution 1874(S-IV) of 27 June 1963, in the financing of such operations,

Having regard to the financial position of the Special Account for the United Nations Interim Force in Lebanon, as set forth in the report of the Secretary-General, and referring to paragraph 11 of the report of the Advisory Committee,

Recalling its resolution 34/9 E of 17 December 1979 and the subsequent resolutions in which it decided that the provisions of regulations 5.2 (b), 5.2 (d), 4.3 and 4.4 of the Financial Regulations of the United Nations should be suspended, the latest of which was resolution 45/244,

Mindful of the fact that it is essential to provide the Force with the necessary financial resources to enable it to fulfil its responsibilities under the relevant resolutions of the Security Council,

Noting with appreciation that voluntary contributions have been made to the Force by certain Governments,

Concerned that the Secretary-General continues to face difficulties in meeting the obligations of the Force on a current basis, including reimbursement to current and former troop-contributing States, resulting from the withholding of contributions by certain Member States,

Concerned also that the surplus balances in the Special Account for the Force have, in effect, been drawn upon to the full extent to supplement the income received from contributions for meeting expenses of the Force,

Concerned further that the implementation of the provisions of regulations 5.2 (b), 5.2 (d), 4.3 and 4.4 of the Financial Regulations of the United Nations would aggravate the already difficult financial situation of the Force,

1. Decides to appropriate to the Special Account referred to in section I, paragraph 1, of General Assembly resolution S-8/2 the amount of 153,468,000 United States dollars gross (150,684,000 dollars net) authorized and apportioned by the Assembly in paragraphs 2 and 3 of its resolution 45/244 for the operation of the United Nations Interim Force in Lebanon from 1 February 1991 to 31 January 1992, inclusive;

2. Authorizes the Secretary-General to enter into commitments for the operation of the Force at a rate not to exceed 13,337,000 dollars gross (13,089,000 dollars net) per month for the period beginning 1 February 1992 should the Security Council decide to continue the Force beyond the period of six months authorized under its resolution 701(1991), subject to obtaining the prior concurrence of the Advisory Committee on Administrative and Budgetary Questions for the actual level of commitments to be entered into for each mandate period that may be approved subsequent to 31 January 1992;

3. Decides, as an ad hoc arrangement, to apportion e amounts referred to in paragraph 2 above among Member States in accordance with the composition of groups set out in paragraphs 3 and 4 of General Assembly resolution 43/232 of 1 March 1989, as adjusted by Assembly resolutions 44/192 B of 21 December 1989 and 45/244, and taking into account the scale of assessments for the years 1992, 1993 and 1994;

4. Decides also that the Democratic People's Republic of Korea shall be included in the group of Member States set out in paragraph 3 (c) of General Assembly resolution 43/232 and that its contribution to the Force shall be calculated in accordance with the provisions of the resolution to be adopted by the Assembly at its forty-sixth session regarding the scale of assessments;

5. Decides further that Estonia shall be included in the group of Member States set out in paragraph 3 (c) of General Assembly resolution 43/232 and that its contribution to the Force shall be calculated in accordance with the provisions of the resolution to be adopted by the Assembly at its forty-sixth session regarding the scale of assessments;

6. Decides that the Federated States of Micronesia shall be included in the group of Member States set out in paragraph 3 (c) of General Assembly resolution 43/232 and that its contribution to the Force shall be calculated in accordance with the provisions of the resolution to be adopted by the Assembly at its forty-sixth session regarding the scale of assessments;

7. Decides also that Latvia shall be included in the group of Member States set out in paragraph 3 (c) of General Assembly resolution 43/232 and that its contribution to the Force shall be calculated in accordance with the provisions of the resolution to be adopted by the Assembly at its forty-sixth session regarding the scale of assessments;

8. Decides further that Lithuania shall be included in the group of Member States set out in paragraph 3 (c) of General Assembly resolution 43/232 and that its contribution to the Force shall be calculated in accordance with the provisions of the resolution to be adopted by the Assembly at its forty-sixth session regarding the scale of assessments;

9. Decides that the Marshall Islands shall be included in the group of Member States set out in paragraph 3 (c) of General Assembly resolution 43/232 and that its contribution to the Force shall be calculated in accordance with the provisions of the resolution to be adopted by the Assembly at its forty-sixth session regarding the scale of assessments;

10. Decides also that the Republic of Korea shall be included in the group of Member States set out in paragraph 3 (c) of General Assembly resolution 43/232 and that its contribution to the Force shall be calculated in accordance with the provisions of the resolution to be adopted by the Assembly at its forty-sixth session regarding the scale of assessments;

11. Decides further that, in accordance with regulation 5.2 (c) of the Financial Regulations of the United Nations, the contributions to the Force until 31 January 1992 of the Member States referred to in paragraphs 4 to 10 above shall be treated as miscellaneous income to be set off against the apportionments referred to in paragraph 1 above;

12. Decides that the provisions of regulations 5.2 (b), 5.2 (d), 4.3 and 4.4 of the Financial Regulations of the United Nations shall be suspended in respect of the amount of 8,235,545 dollars, which otherwise would have to be surrendered pursuant to those provisions, this amount to be entered in the account referred to in the operative part of General Assembly resolution 34/9 E and held in suspense until a further decision is taken by the Assembly;

13. Requests the Secretary-General to take all necessary measures to ensure that the Force is administered with a maximum of efficiency and economy;

14. Renews its invitation to Member States and other interested parties to make voluntary contributions to the Force both in cash and in the form of services and supplies acceptable to the Secretary-General and also to make voluntary contributions in cash to the Suspense Account established in accordance with General Assembly resolution 34/9 D of 17 December 1979.


General Assembly resolution 46/194
20 December 1991 Meeting 79 Adopted without vote

Approved by Fifth Committee (A/46/824) without vote, 20 December (meeting 57); draft by Canada (A/C.5/46/L.10); agenda item 118 (b).

Meeting numbers. GA 45th session: 5th Committee 55, 57; plenary 79.

Israel and the Syrian Arab Republic

The United Nations Disengagement Observer Force (UNDOF) continued to supervise the observance of the cease-fire between Israel and the Syrian Arab Republic in the Golan Heights. Its mandate was again renewed by the Security Council. In 1991, the General Assembly and the Commission on Human Rights also dealt with the situation in the Golan Heights in the light of Israel's 1981 decision(23) to impose its laws, jurisdiction and administration on the Israeli-occupied territories (see below and PART THREE, Chapter X).


UNDOF

Established by the Security Council in 1974,(24) as called for by the Agreement on Disengagement of Forces between Israel and the Syrian Arab Republic concluded that year,(25) UNDOF was charged with supervising the observance of the cease-fire between the two countries in the Golan Heights area and ensuring that there were no military forces in the area of separation between their forces. UNDOF remained deployed within and close to the separation area, with its headquarters located at Damascus. Its mandate was renewed twice in 1991, in May and November, each time for a six-month period.


Activities

Reports of the Secretary-General. Before the expiration of the mandate of UNDOF on 31 May and 30 November 1991, the Secretary-General submitted reports to the Security Council on the activities of the Force for two six-month periods, from 24 November 1990 to 20 May 1991(26) and from 21 May to 20 November 1991.(27)

The Secretary-General stated that UNDOF had continued to perform its functions effectively with the cooperation of the parties and that the situation in the Israel-Syria sector had remained generally quiet and the cease-fire had been maintained, with the exception of one serious incident on the night of 22/23 September, when three armed elements were killed at 500 metres east of the cease-fire line, which was within the Syrian-administered area, by fire from an IDF position on the slopes of Mount Hermon. The return of the bodies to the families who resided in Lebanon was arranged and conducted by ICRC.

UNDOF continued to supervise the area of separation by means of static positions and observation posts manned 24 hours a day, foot and mobile patrols operating day and night at irregular intervals on predetermined routes, and temporary outposts and patrols on specific assignments.

Fortnightly inspections of armament and forces in the area of limitation were conducted with the assistance of liaison officers from the parties who accompanied the inspection teams. UNDOF also lent its assistance and good offices on request from the parties. While UNDOF continued to receive cooperation from the parties, both had placed restrictions on the movement and activities of its inspection teams in certain areas. In this respect, the Secretary-General noted that the Protocol to the Agreement on Disengagement provided for the freedom of movement necessary for the discharge of UNDOF's mission; he would continue to exert all possible efforts to correct the situation with regard to restrictions on the freedom of movement.

Under a programme undertaken by the Syrian authorities, civilians continued to return to the area of separation, the population of which had doubled since the start of UNDOF's mandate. In exercising its administrative responsibility, the Syrian Arab Republic had stationed police in the area of separation. UNDOF had adjusted its operations accordingly to take account of those developments and to continue carrying opt effectively its supervisory tasks under the Agreement on Disengagement.

UNDOF remained concerned for the safety of Syrian shepherds who grazed their flock close to and west of the separation line. Intensified patrolling of new mine-cleared paths and the establishment from time to time of standing patrols in those areas helped prevent incidents, as did the grazing security fence in the southern part of the area of separation. New patrol paths were under construction.

In addition, UNDOF continued its mine-clearing operations, clearing a total area of 83,750 square metres during the periods under review, and finding and destroying, among other ammunition, 2 anti-tank mines, 9 cluster bombs, 9 artillery shells, 2 mortar shells and 210 anti-tank shells.

Despite the current quiet in the Israel-Syria sector, the Secretary-General cautioned that the Middle East situation as a whole continued to be potentially dangerous and was likely to remain so, unless a comprehensive Middle East settlement was reached. Stating in each report that he considered UNDOF's continued presence in the area to be essential, the Secretary-General, with the Syrian Arab Republic's assent and Israel's agreement, recommended that its mandate be extended for a further six months, until 30 November 1991 in the first instance and until 31 May 1992 in the second.


SECURITY COUNCIL ACTION

On 30 May 1991, without debate, the Security Council unanimously adopted resolution 695(1991).

The Security Council,

Having considered the report of the Secretary-General on the United Nations Disengagement Observer Force,

Decides:

(a) To call upon the parties concerned to implement immediately Security Council resolution 338(1973) of 22 October 1973;

(b) To renew the mandate of the United Nations Disengagement Observer Force for another period of six months, that is, until 30 November 1991;

(c) To request the Secretary-General to submit, at the end of this period, a report on the developments in the situation and the measures taken to implement Security Council resolution 338(1973).

Security Council resolution 695(1991)
30 May 1991 Meeting 2990 Adopted unanimously

Draft prepared in consultations among Council members (S/22650).

On 29 November, again without debate, the Council unanimously adopted resolution 722(1991).

The Security Council,

Having considered the report of the Secretary-General on the United Nations Disengagement Observer Force,

Decides:

(a) To call upon the parties concerned to implement immediately its resolution 338(1973) of 22 October 1973;

(b) To renew the mandate of the United Nations Disengagement Observer Force for another period of six months, that is, until 31 May 1992;

(c) To request the Secretary-General to submit, at the end of this period, a report on the developments in the situation and the measures taken to implement Security Council resolution 338(1973).

Security Council resolution 722(1991)
29 November 1991 Meeting 3019 Adopted unanimously

Draft prepared in consultations among Council members (S/23250).

Following the adoption of each resolution, the President made the following statement:(28)


Composition

As of November 1991, UNDOF had a strength of 1,331 troops. It was composed of contingents from four countries—Austria, 533; Canada, 220; Finland, 414; and Poland, 157 (including one officer deployed as military adviser to the representative of the Secretary-General in Afghanistan and Pakistan)—and of 7 United Nations military observers detailed from UNTSO. Assisting the Force as required were UNTSO observers assigned to the Israel-Syria Mixed Armistice Commission


Change of Commander
On 26 April 1991,(29) the Secretary-General informed the Security Council that the Commander of UNDOF, Major-General Adolf Radauer (Austria), would end his tour of duty on 30 September. Following the usual consultations with the parties, the Secretary-General proposed—subject to the renewal of the Force's mandate by the Council—to appoint Major-General Roman Misztal (Poland) to the post of UNDOF Commander with effect from 1 October.

The Council President responded on 3 May(30) that the Secretary-General's letter had been brought to the attention of the Council members, who agreed with his proposal.


Financing

In December 1991,(31) the Secretary-General reported that he had received $901.8 million in contributions for UNDOF—for the period from its inception to 30 November 1991—and for the United Nations Emergency Force, established at the end of 1973 and liquidated in 1980. The unpaid assessed balance totalled $55 million, which included $36 million due from China, transferred to a special account in accordance with a 1981 General Assembly resolution,(19) leaving $19 million due in contributions.

According to the interim financial statement of 30 June 1991 covering the period from 1 December 1989 to 30 November 1990, the UNDOF account showed a "surplus" balance of 56,790,883, representing excess of income over expenditure; "income" included assessed contributions, irrespective of collectibility. The Secretary-General proposed to suspend certain financial regulations which required that the "surplus" be surrendered as credits to Member States; he suggested instead that it be entered into the suspense account established pursuant to a 1978 Assembly resolution.(32)

The Secretary-General noted that a more favourable preferential exchange rate was introduced by the Syrian authorities in September 1991; with that rate, an increase in reported income was expected due to a larger gain on currency exchange.

Recalling that in 1990(33) ACABQ also had recommended that he pursue his negotiations with the host countries concerned to obtain more preferential conditions for the construction and rental of UNDOF premises and accommodation, the Secretary-General stated that the Organization continued to explore the feasibility of relocating by acquiring a United Nations-owned headquarters complex for UNDOF at Damascus; however, no suitable locations had been identified and preliminary studies indicated quite high cost estimates for the construction of new premises.

In connection with the past and future financing of UNDOF, the Secretary-General recommended that the Assembly appropriate $20,679,000 gross (320,199,000 net) for UNDOF for the period from 1 June to 30 November 1991, authorized and apportioned in 1990,(34) and that it approve an amount of $21,384,000 gross ($20,835,000 net) for its operation from 1 December 1991 to 30 November 1992.

ACABQ, also in December 1991,(21) concurred with these appropriation recommendations. It further recommended that the Assembly appropriate and assess an amount of $21,384,000 gross ($20,835,000 net) for the period from 1 December 1991 to 31 May 1992 and that it authorize monthly commitments not exceeding $3,564,000 gross ($3,472,500 net) for the period from 1 June to 30 November 1992, subject to the decision by the Security Council on the renewal of UNDOF after 31 May 1992.

With regard to the Secretary-General's proposal to suspend certain provisions of the financial regulations to allow the surplus balance to be entered into the suspense account, ACABQ said that in view of the status of the assessed contributions to UNDOF and the fact that full reimbursement in accordance with the standard rates had been made on a current basis to troop-contributing States, it saw no need for a suspension and recommended that the surplus be credited to Member States. It stated its intention to examine at a later stage the rate at which outstanding obligations in respect of all peace-keeping operations were liquidated.


GENERAL ASSEMBLY ACTION

On 20 December 1991, on the recommendation of the Fifth Committee, the General Assembly adopted resolution 46/193 without vote.
Financing of the United Nations
Disengagement Observer Force

The General Assembly,

Having considered the report of the Secretary-General on the financing of the United Nations Disengagement Observer Force, and the related report of the Advisory Committee on Administrative and Budgetary Questions,

Bearing in mind Security Council resolution 350(1974) of 31 May 1974, by which the Council established the United Nations Disengagement Observer Force, and the subsequent resolutions by which the Council extended the mandate of the Force the latest of which was Council resolution 722(1991) of 29 November 1991,

Recalling its resolution 3211 B (XXIX) of 29 November 1974 on the financing of the United Nations Emergency Force and the United Nations Disengagement Observer Force and its subsequent resolutions thereon, the latest of which was resolution 45/243 of 21 December 1990,

Reaffirming its previous decisions regarding the fact that, in order to meet the expenditures caused by the United Nations Disengagement Observer Force, a different procedure is required from the one applied to meet expenditures of the regular budget of the United Nations,

Taking into account the fact that the economically more developed countries are in a position to make relatively larger contributions and that the economically less developed countries have a relatively limited capacity to contribute towards such operations involving heavy expenditures,

Bearing in mind the special responsibilities of the States permanent members of the Security Council, as indicated in General Assembly resolution 1874(S-IV) of 27 June 1963, in the financing of such operations,

Having regard to the financial position of the Special Account for the United Nations Emergency Force and the United Nations Disengagement Observer Force, as set forth in the report of the Secretary-General, and referring to paragraphs 4 and 5 of the report of the Advisory Committee,

Recognizing that, as a consequence of the withholding of contributions by certain Member States, the surplus balances in the Special Account for the United Nations Emergency Force and the United Nations Disengagement Observer Force have, in effect, been drawn upon to supplement the income received from contributions for meeting expenses of the Forces,

Mindful of the fact that it is essential to provide the United Nations Disengagement Observer Force with the necessary financial resources to enable it to fulfil its responsibilities under the relevant resolutions of the Security Council,

1. Decides to appropriate to the Special Account referred to in section II, paragraph 1, of General Assembly resolution 3211 B (XXIX) the amount of 20,679,000 United States dollars gross (20,199,000 dollars net) authorized and apportioned in paragraph 8 of Assembly resolution 45/243 for the operation of the United Nations Disengagement Observer Force for the period from 1 June to 30 November 1991, inclusive;

2. Decides also to appropriate to the Special Account an amount of 21,384,000 dollars gross (20,835,000 dollars net) for the operation of the United Nations Disengagement Observer Force for the period from 1 December 1991 to 31 May 1992, inclusive;

3. Decides further, as an ad hoc arrangement, to apportion the amount of 21,384,000 dollars gross for the above-mentioned period among Member States in accordance with the composition of groups set out in paragraphs 3 and 4 of General Assembly resolution 43/232 of l March 1989, as adjusted by Assembly resolutions 44/192 B of 21 December 1989 and 45/243, the scale of assessments for the year 1991 to be applied against a portion thereof, that is, 3,564,000 dollars gross, which is the amount pertaining on a pro rata basis to the period ending 31 December 1991, and the scale of assessments for the year 1992 to be applied against the balance, that is, 17,820,000 dollars gross, for the period from 1 January to 31 May 1992, inclusive;

4. Decides that there shall be set off against the apportionment among Member States, as provided for in paragraph 3 above, their respective share in the estimated income of 7,500 dollars other than staff assessment income approved for the period from 1 December 1991 to 31 May 1992, inclusive; 1,250 dollars, being the amount pertaining on a pro rata basis to the period ending 31 December 1991, and the balance, that is, 6,250 dollars, for the period from 1 January to 31 May 1992, inclusive;

5. Decides also that, in accordance with the provisions of its resolution 973(X) of 15 December 1955, there shall be set off against the apportionment among Member States, as provided for in paragraph 3 above, their respective share in the Tax Equalization Fund of the estimated staff assessment income of 541,500 dollars approved for the period from 1 December 1991 to 31 May 1992, inclusive; 90,250 dollars, being the amount pertaining on a pro rata basis to the period ending 31 December 1991, and the balance, that is, 451,250 dollars, for the period from 1 January to 31 May 1992, inclusive;

6. Decides further that the Democratic People's Republic of Korea shall be included in the group of Member States set out in paragraph 3 (c) of General Assembly resolution 43/232 and that its contribution to the United Nations Disengagement Observer Force shall be calculated in accordance with the provisions of the resolution to be adopted by the Assembly at its forty-sixth session regarding the scale of assessments;

7. Decides that Estonia shall be included in the group of Member States set out in paragraph 3 (c) of General Assembly resolution 43/232 and that its contribution to the United Nations Disengagement Observer Force shall be calculated in accordance with the provisions of the resolution to be adopted by the Assembly at its forty-sixth session regarding the scale of assessments;

8. Decides also that the Federated States of Micronesia shall be included in the group of Member States set out in paragraph 3 (c) of General Assembly resolution 43/232 and that its contribution to the United Nations Disengagement Observer Force shall be calculated in accordance with the provisions of the resolution to be adopted by the Assembly at its forty-sixth session regarding the scale of assessments;

9. Decides further that Latvia shall be included in the group of Member States set out in paragraph 3 (c) of General Assembly resolution 43/232 and that its contribution to the United Nations Disengagement Observer Force shall be calculated in accordance with the provisions of the resolution to be adopted by the Assembly at its forty-sixth session regarding the scale of assessments;

10. Decides that Lithuania shall be included in the group Member States set out in paragraph 3 (c) of General Assembly resolution 43/232 and that its contribution to the United Nations Disengagement Observer Force shall be calculated in accordance with the provisions of the resolution to be adopted by the Assembly at its forty-sixth session regarding the scale of assessments;

11. Decides also that the Marshall Islands shall be included in the group of Member States set out in paragraph 3 (c) of General Assembly resolution 43/232 and that its contribution to the United Nations Disengagement Observer Force shall be calculated in accordance with the provisions of the resolution to be adopted by the Assembly at its forty-sixth session regarding the scale of assessments;

12. Decides further that the Republic of Korea shall be included in the group of Member States set out in paragraph 3 (c) of General Assembly resolution 43/232 and that its contribution to the United Nations Disengagement Observer Force shall be calculated in accordance with the provisions of the resolution to be adopted by the Assembly at its forty-sixth session regarding the scale of assessments;

13. Decides that, in accordance with regulation 5.2 (c) of the Financial Regulations of the United Nations, the contributions to the United Nations Disengagement Observer Force until 30 November 1991 of the Member States referred to in paragraphs 6 to 12 above shall be treated as miscellaneous income to be set off against the apportionments referred to in paragraph 1 above;

14. Authorizes the Secretary-General to enter into commitments for the United Nations Disengagement Observer Force at a rate not to exceed 3,564,000 dollars gross (3,472,500 dollars net) per month for the period from 1 June to 30 November 1992, inclusive, should the Security Council decide to continue the Force beyond the period of six months authorized under its resolution 722(1991), the said amount to be apportioned among Member States in accordance with the scheme set out in the present resolution;

15. Decides that the surplus balance as at 30 June 1991 covering the period from 1 December 1989 to 30 November. 1990 in the amount of 6,790,883 dollars shall be credited to Member States against their assessments in respect of such mandate periods as may be approved by the Security Council subsequent to 31 May 1992;

16. Invites voluntary contributions to the United Nations Disengagement Observer Force in cash and in the form of services and supplies acceptable to the Secretary-General, to be administered, as appropriate, in accordance with the procedure established by the General Assembly in its resolution 44/192 A of 21 December 1989;

17. Requests the Secretary-General to take all necessary action to ensure that the United Nations Disengagement Observer Force is administered with a maximum of efficiency and economy.

General Assembly resolution 46/193
20 December 1991 Meeting 79 Adopted without vote

Approved by Fifth Committee (A/46/819) without vote, 20 December (meeting 57), draft by Canada (A/C.5/46/L.9); agenda item 118 (a).

Meeting numbers. GA 48th session: 5th Committee 55, 57; plenary 79.
REFERENCES

(1)YUN 1981, p. 275. (2)A/46/57-S/22047, A/46/58-S/22052, A/46/60-S/22054, A/46/73-S/22184, A/46/75-S/22195, A/46/76-S/22196, A/46/80-S/22202, A/46/180-S/22612, A/46/181-S/22621, A/46/182-S/22630, A/46/187-S/22635, A/46/211-S/22666, A/46/216-S/22670, A/46/220-S/22675, A/46/611-S/23192, A/46/702-S/23241. (3)S/22791. (4)YUN 1978, p. 312, SC res. 425(1978), 19 Mar. 1978. (5)Ibid., p. 296. (6)YUN 1982 p. 428. (7)Ibid., p. 450, SC res. 511(1982), 18 June 1982. (8)S/22129. (9)S/22079. (10)S/22129/Add.1. (11)S/21833. (12)S/22176. (13)S/22829. (14)S/22791. (15)S/22862. (16)S/23255. (17)S/23452. (18)A/46/757 & Corr.1. (19)YUN 1981, p. 1299, GA res. 36/116 A, 10 Dec. 1981. (20)YUN 1979, p. 352, GA res. 34/9 D, 17 Dec. 1979. (21)A/46/773. (22)GA res. 45/244, 21 Dec. 1990. (23)YUN 1981, p. 308. (24)YUN 1974, p. 205, SC res. 350(1974), 31 May 1974. (25)Ibid., p. 198. (26)S/22631. (27)S/23233 & Corr.1. (28)S/22657, S/23253. (29)S/22565 (30)S/22566. (31)A/46/749. (32)YUN 1978, p. 323, GA res. 33/13 E, 14 Dec. 1978. (33)A/45/832. (34)GA res. 45/243, 21 Dec. 1990.


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Territories occupied by Israel
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The territories occupied by Israel as a result of previous armed conflicts in the Middle East comprised the West Bank of the Jordan River (including East Jerusalem), the Gaza Strip and the Golan Heights. While events in the Persian Gulf dominated international attention, dashes, confrontations and Israeli countermeasures continued in the West Bank and Gaza Strip where the Palestinian uprising, or intifadah, entered its fifth year in early December. As in previous years, its intensity varied, with periods of relative quiet punctuated by violent confrontations and high casualties. According to reports by UNRWA, by the end of June 1991, 988 Palestinians had been killed and more than 70,000 injured since the outbreak of the uprising on 9 December 1987. Between 1 July 1990 and 30 June 1991 alone, 32 Palestinians were killed in Gaza and 125 in the West Bank. The lack of concrete results of the intifadah, compounded by the outcome of the hostilities in the Persian Gulf, aggravated frustration among the Palestinian community and led to the continued killing of alleged collaborators with Israel (83 in Gaza and 41 in the West Bank between 1 July 1990 and 30 June 1991).

Large numbers of Palestinians were arrested and detained, often without charge or trial; it was estimated that 14,000 persons—including 64 UNRWA staff members—from the occupied territories were detained by Israeli authorities, approximately 9,000 in military detention centres and 5,000 in prisons. There were frequent complaints about conditions and ill-treatment, and, on 23 June, a hunger strike began to protest against conditions at Nafha prison in the Negev desert which spread quickly to other prisons and detention centres in Israel and the occupied territories.

Following the tragic events at Haram Al-Sharif in Jerusalem on 8 October 1990, when 17 Palestinians were killed and more than 150 wounded in clashes with the Israeli security forces, the Security Council adopted a resolution(1) condemning Israel's actions. Having received a report of the Secretary-General on ways and means of ensuring the safety and protection of Palestinian civilians under Israeli occupation,(2) submitted in accordance with that and a later resolution,(3) the Council, in December of that year,(4) requested him to monitor and observe the situation regarding Palestinians under Israeli occupation and to keep it regularly informed. The first of those reports was presented to the Council in April 1991.

At the outset of the hostilities in the Persian Gulf, Israel, invoking heightened security concerns, imposed a comprehensive curfew on the Gaza Strip and large portions of the West Bank. Socio-economic conditions in the occupied territory—already seriously affected by three years of the intifadah, loss of remittances from the Persian Gulf and a drop in local income—became critical. Reduction of domestic and export revenue and increased security measures dramatically aggravated unemployment and weakened the Palestinian economy still further. The education system in the territories was brought to a virtual standstill for most of January and February due to curfews, while further curfews, strikes and closure orders continued to affect it throughout the year.

At the same time, the establishment and expansion of Israeli settlements in both the West Bank and Gaza were accelerated. Between 9 March and 9 April in the West Bank alone, an estimated 68,000 dunums of land were expropriated or surveyed for expropriation. Other Israeli measures—such as allocation of more water to settlers than to Palestinians and the punitive uprooting of olive and citrus trees—inflicted further damage on a fragile economy.

Most significant among the security measures imposed by Israel was the tightening of control of the movement of Palestinians within the occupied territories and to Israel and foreign destinations. A new pass system, devised in November 1990, was implemented on a large scale after the end of the hostilities in the Persian Gulf. Palestinians from the West Bank and Gaza required a travel pass to enter Israel or East Jerusalem, the economic, cultural and religious focus of the West Bank and home to most of the important Palestinian professional institutions, organizations and medical facilities. The pass system split the West Bank and tended to isolate East Jerusalem since it was all but impossible to travel from the south of the West Bank to the north without passing through the city.

In 1991, the Special Committee to Investigate Israeli Practices Affecting the Human Rights of the Palestinian People and Other Arabs of the Occupied Territories (Committee on Israeli practices) presented three periodic reports—the latest in October—covering developments in the territories between 1 September 1990 and 22 August 1991.(5) On the basis of the information and evidence before it, the Committee concluded that the human rights situation of the Palestinians and other Arabs in the occupied territories deteriorated to such an extent that the population was reaching a state of mere survival.

The persistence of that negative trend, intensified by the accumulated hardships of more than three years of struggle and by the repercussions of the hostilities in the Persian Gulf, derived from the fundamental reality which, the Committee said, it had stressed since the outset of its activities, namely, that occupation itself constituted a violation of human rights. During the period under consideration, Israel had continued to pursue a general policy based on the claim that certain territories it occupied since 1967 were part of the State of Israel; this policy had led to the annexation of Jerusalem and the Golan Heights and the imposition of Israeli law there. It also had resulted in the establishment of settlements in the territories, expropriation of property, transfer of Israeli citizens including Jewish immigrants to the territories, and inducing the Palestinian and other Arab population to leave their homeland.

The Committee's observations were based on oral information received through testimonies of persons having first-hand experience of the human rights situation in the territories, as well as written information gathered from various sources, including newspaper reports. From among those oral and written sources of information, the Committee included in its reports relevant excerpts and summaries. For the purpose of collecting oral testimonies, the Committee again organized hearings at Damascus, Amman, Cairo and Geneva. It continued to monitor statements by Israeli government members that reflected Israeli policy in the territories and reports on measures taken to implement that policy. In carrying out its mandate, the Committee benefited from the cooperation of Egypt, Jordan and the Syrian Arab Republic as well as Palestinian representatives.

The Palestinians and other Arabs in the occupied territories continued to suffer a heavy toll of casualties, the Committee noted, as Israel continued to implement harsh measures in trying to quell the popular uprising. Disproportionate force was used against civilians, including live ammunition and other cruel means, and severe injuries resulted from shooting, beating and tear-gas inhalation.

Various elements added to the suffering of a population living below the poverty line and exposed it to severe physical and psychological stress. Among them were a prolonged and continuous curfew, difficult access to basic necessities such as food and medical treatment, damage to agriculture and loss of income as a result of curfews or regulations limiting freedom of movement, search and arrest operations, property seizure and tree uprooting, and systematic house demolitions as a collective punishment. Freedom of expression was affected by the closure of newspapers, news offices and the harassment of journalists. The temporary denial of access to places of worship severely limited the freedom of religion. In spite of international protests, the expulsion of Palestinians from the territories for alleged security reasons was resumed. The practice of preventive or administrative detention continued. In addition, Palestinians were frequently denied legal guarantees, including the right to a fair trial. There were repeated allegations of torture and systematic ill-treatment of prisoners, including minors. Repressive measures, raised to the status of an official policy, were meant to quell Palestinian and Arab resistance, the Committee noted.

Acts of aggression by Israeli settlers against Arab civilians further contributed to the climate of fear and tension. The creation of new settlements, in particular in Jerusalem, Israel's declared intention to establish more and increase drastically the settler population in the near future (including through the settlement of recently arrived Jewish immigrants), and harassment of Palestinians to incite them to leave their homeland seemed to indicate, in the Committee's view, a deliberate will to modify the territories' demographic composition. Similarly, the prolonged closures of a number of universities, schools and even kindergartens, the denial of proper educational facilities and the harassment of teachers and students seemed to indicate the implementation of a deliberate policy aimed at lowering education standards. The Committee stressed again that Israel's policy violated its obligations under the fourth Geneva Convention and several other human rights instruments and United Nations resolutions.

The overall picture for the period from 1 September 1990 to 22 August 1991 revealed, in the Special Committee's view, a further deterioration in the enjoyment of basic human rights, fundamental freedoms and living conditions. In the face of this and in order to avoid another major explosion in the region, the international community needed to renew its efforts to convince Israel to put an end to its practices. A comprehensive, just and lasting settlement of the Arab-Israeli conflict should be negotiated which would guarantee the rights of all the peoples in the region.

In the meantime, the Committee recommended once more urgent measures to safeguard the Palestinian and Arab population's basic human rights, including the following full application by Israel of the fourth Geneva Convention, the main international instrument of humanitarian law applying to the territories; full compliance with all General Assembly and Security Council resolutions pertinent to the Palestine question, as well as other relevant resolutions adopted by ILO, UNESCO and WHO; creation of conditions of confidence and security conducive to promoting respect for human rights, as well as the convening of a peace conference with the participation of all parties concerned by the Arab-Israeli conflict; full cooperation of the Israeli authorities with ICRC in protecting detained persons, in particular by ensuring full access of ICRC representatives to them; full support by Member States of ICRC's activities in the territories, and additional assistance, including funds to finance extra activities required by the unprecedented increase in the number of detained persons; full support by Member States of UNRWA activities; and unrestricted cooperation of Israel with UNRWA and full respect of UNRWA's privileges and immunities.

Reports of the Secretary-General. In accordance with a Security Council resolution of 1990,(4) the Secretary-General submitted in April 1991(6) his first progress report on the situation affecting the Palestinians under Israeli occupation for the period from 20 December 1990 to 28 February 1991. Most of the information had been provided by UNRWA—which, the Secretary-General said, was playing a major role in helping him to carry out his obligations under the Council resolution—its continuous interaction with the Palestinians enabling it to gain first-hand knowledge of their day-to-day life, including Israeli practices affecting them.

The period covered by the report could not but be viewed against the backdrop of the hostilities in the Persian Gulf, which had had direct repercussions in the territories, the Secretary-General said. On the economic level, Iraq's invasion of Kuwait proved devastating for the territories, as remittances and transfers from the Gulf region plummeted. On the political level, widespread Palestinian support for Iraq led to increased tension between the inhabitants of the territories and Israeli security forces and, more broadly, cost the Palestinians much goodwill among the Israeli public. The tension was exacerbated by the 8 October 1990 incidents at the Al-Haram Al-Sharif and other Holy Places of Jerusalem, in which at least 17 Palestinians were killed and 150 wounded by Israeli security forces and more than 20 Israeli civilians and police were wounded by Palestinians. Those tragic events again highlighted the need for greater safety and protection of the Palestinians living under Israeli occupation. Following the incidents, the Council adopted in October two resolutions on the situation in the territories(1, 3) and, in accordance with requests contained in them, the Secretary-General submitted on 31 October a report which put forward ideas concerning the Palestinians' safety and protection.(2)

The weeks prior to the Council's December resolution(4) were marked by a spate of violent incidents involving Israelis and Palestinians, in Israel as well as in the territories, with bloodshed and loss of life on both sides. As the atmosphere deteriorated, restrictions were imposed on travel to Israel and East Jerusalem by Palestinian residents of the West Bank and Gaza Strip, a policy that affected in particular labourers who worked inside Israel. Israel's decision to resume deportations further aggravated tensions. Particularly violent clashes in Gaza on 29 December 1990 clearly illustrated how an incident involving a few individuals could quickly escalate into a widespread confrontation during which hundreds of people might be hurt; they also demonstrated the depth of mistrust and anger between Palestinian residents and the security forces.

The curfews imposed on the territories during January and February 1991 led to a decline in such clashes, with an attendant drop in casualties. However, the practice of confining Palestinians throughout the West Bank and Gaza Strip to their homes for weeks brought severe hardship to the population as a whole. As the likelihood of war in the area increased, special security precautions were taken in Israel and the territories and normal life was disrupted. The curfews imposed on the territories were extended well beyond the time when Israeli citizens began their daily routines.

Those issues were addressed by the Secretary-General's Special Representative, Jean-Claude Aimé, when he visited the area from 1 to 11 March. Given his arrival shortly after the cessation of hostilities in the Persian Gulf, virtually everyone was preoccupied with the aftermath of the crisis and its long-term implications. On the Palestinian side, there was great uneasiness and apprehension about what the future would hold. Of immediate concern was the severe economic situation in the territories and the fact that tens of thousands of Palestinian labourers continued to be without work. The Palestinians with whom the Special Representative met expressed alarm at the renewed policy of deportations and at the number of Palestinians who had been detained without charge. There was great bitterness that primary and secondary education had again been interrupted by the curfews and continued to be denied altogether at the university level. Resentment was expressed that, despite Israel's stated position that security measures were necessary in the light of the hostilities in the Persian Gulf, tax raids were none the less conducted during the general curfew.

The Special Representative emphasized those Palestinian concerns in his meetings with Israeli officials, who felt that the curfew had been warranted on security grounds, given that the population as a whole had sided with Iraq; at the same time, they acknowledged that the economic situation in the territories was deteriorating. They stated that some of the Palestinians who had previously worked in Israel would gradually be reabsorbed into the Israeli labour market; an alternative source of employment would have to be found for those who would not be given jobs. In the light of that, the Secretary-General asked UNDP to look into the possibility of sending an economic mission to the territories, the principal objective of which would be to develop income-generating projects.

In view of the hostilities in the Persian Gulf, Israel clearly had a right to take what it considered to be appropriate measures to defend itself in the face of the threat articulated against it, the Secretary-General said; yet, under the fourth Geneva Convention, it also had the obligation at all times to protect the Palestinian civilians under its control, and the civil defence precautions undertaken by Israel on behalf of those civilians were inadequate. The extended curfew imposed undue hardship and the continuation of practices such as deportations, administrative detentions and collective punishments (school closures and demolition of houses)—all of which were violations of the Convention—were cause for concern.

Reiterating some of his views conveyed in a report of October 1990,(2) the Secretary-General stated that the issue was what practical steps could be taken by the international community to ensure the safety and protection of the Palestinians under Israeli occupation. The numerous appeals to Israel to abide by its obligations under the fourth Geneva Convention had been ineffective. It was evident that for any measure of protection to be ensured, Israel's cooperation was absolutely essential Given the special responsibility of the high contracting parties for ensuring respect for the Convention, they might wish to call for a meeting to discuss possible measures that might be taken under the Convention.

The idea of such a meeting was strengthened, according to the Secretary-General, by the fact that the Council had itself repeatedly drawn attention to their responsibilities, most recently in its December resolution by which it called on the parties to the Convention to ensure respect by Israel for its obligations. The idea was not, as some had suggested, to politicize the issue but rather to exchange views on measures outlined in the Convention—such as the appointment of a protecting Power, conciliation and the inquiry procedure—which could have the beneficial effect of enhancing the safety-and protection of the Palestinians. In that connection it should be noted, the Secretary-General said, that each of those measures required the consent of the occupying Power.

In the meantime, he would continue to pursue kits mandate under the December 1990 resolution for which, he said, there was less than full support even though it had been adopted unanimously. In a statement to the Council at the time of the resolution's adoption, Israel expressed its opposition, describing the resolution as unfairly singling it out and noting that the mandates of the United Nations personnel in the area had been agreed on; in Israel's view, it would be both highly inappropriate and impractical that a resolution of the Council should alter such an agreed-upon basis. The Alternate Permanent Observer of Palestine expressed the view that the resolution represented less than what had been sought and did not reflect the position which the Council should have adopted in view of the current situation in the territories, including Jerusalem, and in view of the volatile situation in the Middle East in general.

The Secretary-General said he viewed the resolution as a positive step aimed at providing increased safety and protection for the Palestinians under occupation; if that objective could be achieved, the prevailing atmosphere of mistrust and fear which undermined prospects of dialogue would be dissipated and would facilitate the search for a peaceful settlement of a conflict that had brought untold suffering to both peoples.

In a report of October 1991,(7) the Secretary-General informed the Assembly that Israel had not replied to his March request for information on steps taken or envisaged to implement a 1990 Assembly resolution(8) demanding that Israel desist from certain policies and practices in the occupied territories. He also reported that he had drawn the attention of States and international organizations, including the specialized agencies, to the Assembly's call not to recognize any changes carried out by Israel in the territories and to avoid actions, including those in the field of aid, that might be used by Israel in its annexation or other policies. He informed the Assembly that in response to the resolution's request that widest circulation of the reports of the Committee on Israeli practices and of information regarding its activities and findings be ensured, DPI had undertaken press coverage of all meetings of relevant bodies, including the Committee; press releases on regional seminars and symposia organized by the Committee on Palestinian rights, as well as press releases containing statements of the Secretary-General on the Palestine question and the situation in the territories; the continued distribution of a number of pertinent publications; the production of a video on the visit of the President of the forty-fifth Assembly session to the territories, as well as the worldwide distribution of the video About the UN: Palestine; the production of 59 radio programmes on the Palestine question and related topics between January and June 1991; co-sponsorship of two national encounters for journalists on the question (Brussels, 22 May; Bonn, Germany, 24 May); and a briefing in New York for NGOs on the United Nations perspective on Palestinian rights.


GENERAL ASSEMBLY ACTION

On 9 December 1991, on the recommendation of the Special Political Committee, the General Assembly adopted resolution 46/47 A by recorded vote.

The General Assembly,

Guided by the purposes and principles of the Charter of the United Nations and by the principles and provisions of the Universal Declaration of Human Rights,

Aware of the uprising (intifadah) of the Palestinian people since 9 December 1987 against Israeli occupation, which has received significant attention and sympathy from world public opinion,

Deeply concerned at the alarming situation in the Palestinian territory occupied since 1967, including Jerusalem, as well as in the other occupied Arab territories as a result of their continued occupation by Israel, the occupying Power, and of its persistent policies against the Palestinian people,

Bearing in mind the provisions of the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949, as well as of other relevant conventions and regulations,

Taking into account the need to consider measures for the impartial protection of the Palestinian people under Israeli occupation,

Recalling the relevant resolutions of the Security Council, in particular resolutions 605(1987) of 22 December 1987, 607(1988) of 5 January 1988, 608(1988) of 14 January 1988, 636(1989) of 6 July 1989, 641(1989) of 30 August 1989, 672(1990) of 12 October 1990, 673(1990) of 24 October 1990 and 694(1991) of 24 May 1991,

Recalling specifically Security Council resolution 681(1990) of 20 December 1990, in paragraph 6 of which the Council requested "the Secretary-General, in cooperation with the International Committee of the Red Cross, to develop further the idea, expressed in his report, of convening a meeting of the High Contracting Parties to the said Convention to discuss possible measures that might be taken by them under the Convention and, for this purpose, to invite the Parties to submit their views on how the idea could contribute to the goals of the Convention, as well as on other relevant matters, and to report thereon to the Council",

Recalling also all its resolutions on the subject, in particular resolutions 32/91 B and C of 13 December 1977, 33/113 C of 18 December 1978, 34/90 A of 12 December 1979, 35/122 C of 11 December 1980, 36/147 C of 16 December 1981, ES-9/1 of 5 February 1982, 37/88 C of 10 December 1982, 38/79 D of 15 December 1983, 39/95 D of 14 December 1984, 40/161 D of 16 December 1985, 41/63 D of 3 December 1986, 42/160 D of 8 December 1987, 43/21 of 3 November 1988, 43/58 A of 6 December 1988, 44/2 of 6 October 1989, 44/48 A of 8 December 1989 and 45/74 A of 11 December 1990,

Recalling further the relevant resolutions adopted by the Commission on Human Rights, in particular its resolutions 1983/1 of 15 February 1983, 1984/1 of 20 February 1984, 1985/1 A and B and 1985/2 of 19 February 1985 1986/1 A and B and 1986/2 of 20 February 1986, 1987/1, 1987/2 A and B and 1987/4 of 19 February 1987, 1988/1 A and B and 1988/2 of 15 February 1988 and 1988/3 of 22 February 1988, 1989/1 and 1989/2 of 17 February 1989 and 1989/19 of 6 March 1989, 1990/1, 1990/2 and 1990/3 of 16 February 1990 and 1990/6 of 19 February 1990 and 1991/1 A and B, 1991/3 and 1991/6 of 15 February 1991,

Having considered the reports of the Special Committee to Investigate Israeli Practices Affecting the Human Rights of the Palestinian Peoples and Other Arabs of the Occupied Territories, which contain, inter alia, self-incriminating public statements made by officials of Israel, the occupying Power,

Having also considered the reports of the Secretary-General of 21 January 1988, 31 October 1990, 9 April 1991 and 4 October 1991,

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. Deplores the continued refusal by Israel to allow the Special Committee access to the occupied Palestinian territory, including Jerusalem, and other Arab territories occupied by Israel since 1967;

3. Demands that Israel allow the Special Committee access to the occupied territories;

4. Reaffirms the fact that occupation itself constitutes a grave violation of the human rights of the Palestinian people in the occupied Palestinian territory, including Jerusalem, and other Arab territories occupied by Israel since 1967;

5. Condemns the continued and persistent violation by Israel of the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949, and other applicable international instruments, and condemns in particular those violations which the Convention designates as "grave breaches" thereof;

6. Declares once more that Israel's grave breaches of that Convention are war crimes and an affront to humanity;

7. Reaffirms in accordance with the Convention, that the Israeli military occupation of the Palestinian territory, including Jerusalem, and other Arab territories is of a temporary nature, thus giving no right whatsoever to the occupying Power over the territorial integrity of the occupied territories;

8. Strongly condemns the following Israeli policies and practices:

(a) Annexation of parts of the occupied Palestinian territory, including Jerusalem;

(b) Imposition of Israeli laws, jurisdiction and administration on the occupied Syrian Golan, which has resulted in the effective annexation of that territory;

(c) Illegal imposition and levy of taxes and dues;

(d) Establishment of new Israeli settlements and expansion of the existing ones on private and public Palestinian and other Arab lands, and transfer of an alien population thereto;

(e) Eviction, deportation, expulsion, displacement and transfer of Palestinians and other Arabs from the occupied territories and denial of their right to return;

(f) Confiscation and expropriation of private and public Palestinian and other Arab property in the occupied territories and all other transactions for the acquisition of land by Israeli authorities institutions or nationals;

(g) Excavation and transformation of the landscape and the historical, cultural and religious sites, especially at Jerusalem;

(h) Pillaging of archaeological and cultural property;

(i) Destruction and demolition of Palestinian and other Arab houses;

(j) Collective punishment, mass arrests, administrative detention and ill-treatment of Palestinians and other Arabs;

(k) Torture of Palestinians and other Arabs;

(l) Interference with religious freedoms and practices, as well as family rights and customs;

(m) Interference with the system of education and with the social and economic development and health of the Palestinians and other Arabs in the occupied territories;

(n) Interference with the freedom of movement of individuals within the occupied Palestinian territory, including Jerusalem, and other Arab territories occupied by Israel since 1967;

(o) Illegal exploitation of the natural wealth, resources and labour of the occupied territories;

9. Also strongly condemns, in particular, the following Israeli policies and practices:

(a) Implementation of an "iron-fist" policy against the Palestinian people in the occupied Palestinian territory;

(b) Escalation of Israeli brutality since the beginning of the uprising (intifadah) on 9 December 1987;

(c) Ill-treatment and torture of children and minors under detention and/or imprisonment;

(d) Closure of headquarters and offices of trade unions and social organizations and harassment of their leaders, including through expulsion, as well as attacks on hospitals and their personnel;

(e) Interference with the freedom of the press, including censorship, detention or expulsion of journalists, closure and suspension of newspapers and magazines, as well as denial of access to international media;

(f) Killing and wounding of defenceless demonstrators;

(g) Breaking of bones and limbs of thousands of civilians;

(h) House and/or town arrests;

(i) Use of toxic gas, which has resulted, inter alia, in the killing of many Palestinians;

10. Condemns the Israeli repression against and closing of the educational institutions in the occupied Syrian Golan, particularly prohibiting Syrian textbooks and the Syrian educational system, preventing Syrian students from pursuing their higher education in Syrian universities, denying the right of return to Syrian students receiving their higher education in the Syrian Arab Republic, forcing Hebrew on Syrian students, imposing courses that promote hatred, prejudice and religious intolerance and dismissing teachers, all in clear violation of the Convention;

11. Strongly condemns the arming of Israeli settlers in the occupied territories to perpetrate and commit acts of violence against Palestinians and other Arabs, causing deaths and injuries;

12. Requests the Security Council to ensure Israel's respect for and compliance with all the provisions of the Convention in the occupied Palestinian territory, including Jerusalem, and other Arab territories occupied by Israel since 1967, and to initiate measures to halt Israeli policies and practices in those territories;

13. Urges the Security Council to consider the current situation in the Palestinian territory occupied by Israel since 1967, taking into account the recommendations contained in the reports of the Secretary-General, with a view to securing international protection for the defenceless Palestinian people until the withdrawal of Israel, the occupying Power, from the occupied Palestinian territory;

14. Reaffirms that all measures taken by Israel to change the physical character, demographic composition, institutional structure or legal status of the occupied territories, or any part thereof, including Jerusalem, are null and void, and that Israel's policy of settling parts of its population and new immigrants in those occupied territories constitutes a flagrant violation of the Convention and of the relevant resolutions of the United Nations;

15. Demands that Israel desist forthwith from the policies and practices referred to in paragraphs 8, 9, 10 and 11 above;

16. Calls upon Israel, the occupying Power, to allow the reopening of the Roman Catholic Medical Facility Hospice at Jerusalem in order to continue to provide needed health and medical services to the Palestinians in the city;

17. Also calls upon Israel, the occupying Power, to take immediate steps for the return of all displaced Arab and Palestinian inhabitants to their homes or former places of residence in the territories occupied by Israel since 1967, in implementation of Security Council resolution 237(1967) of 14 June 1967;

18. Urges international organizations, including the specialized agencies, in particular the International Labour Organisation, the United Nations Educational, Scientific and Cultural Organization and the World Health Organization, to continue to examine the educational and health conditions in the occupied Palestinian territory, including Jerusalem, and other Arab territories occupied by Israel since 1967;

19. Reiterates its call upon all States, in particular those States parties to the Convention, in accordance with article I thereof, and upon international organizations, including the specialized agencies, not to recognize any changes carried out by Israel, the occupying Power, in the occupied territories and to avoid actions, including those in the field of aid that might be used by Israel in its pursuit of the policies of annexation and colonization or any of the other policies and practices referred to in the present resolution;

20. Urges all the High Contracting Parties to the Con-vention to respond to the inquiry submitted to them by the Secretary-General in accordance with paragraph 6 of Security Council resolution 681(1990);

21. Requests the Special Committee, pending early 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;

22. Also requests the Special Committee to submit regularly to the Secretary-General periodic reports on the present situation in the occupied Palestinian territory;

23. Further requests the Special Committee to continue to investigate the treatment of prisoners in the occupied Palestinian territory, induding Jerusalem, and other Arab territories occupied by Israel since 1967;

24. Condemns Israel's refusal to permit persons from the occupied Palestinian territory to appear as witnesses before the Special Committee and to participate in conferences and meetings held outside the occupied Palestinian territory;

25. Condemns Israel's latest attack against the Sharia Islamic Court in occupied Jerusalem on 18 November 1991, when Israeli forces took away important documents and papers;

26. Demands that Israel, the occupying Power, return immediately all documents and papers that were taken away from the Sharia Islamic Court in occupied Jerusalem, to the officials of the said Court;

27. 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 and periodically the reports mentioned in paragraph 21 above to Member States;

(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 forty-seventh session on the tasks entrusted to him in the present resolution;

28. Decides to include in the provisional agenda of its forty-seventh 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".

General Assembly resolution 46/47 A
9 December 1991 Meeting 66 96-5-52 (recorded vote)

Approved by Special Political Committee (A/46/639) by recorded vote (75-4-43), 27 November (meeting 29); 11-nation draft (A/SPC/46/L.23/Rev.1); agenda item 73.

Sponsors: Afghanistan, Bangladesh, Brunei Darussalam, Comoros, Cuba, India, Indonesia, Madagascar, Malaysia, Pakistan, Zambia.

Meeting numbers. GA 46th session: SPC 26-29; plenary 66.

Recorded vote in Assembly as follows:

In favour: Afghanistan, Algeria, Angola, Bahamas, Bahrain, Bangladesh, Belarus, Benin, Bhutan, Botswana, Brazil, Brunei Darussalam, Burkina Faso, Burundi, Cape Verde, Chad, Chile, China, Colombia, Comoros, Cuba, Cyprus, Democratic People's Republic of Korea, Djibouti, Ecuador, Egypt, Ethiopia, Gabon, Gambia, Ghana, Guatemala, Guinea, Guinea-Bissau, Guyana, Haiti, Honduras, India, Indonesia, Iran, Iraq, Jordan, Kenya, Kuwait, Lao People's Democratic Republic, Lebanon, Lesotho, Libyan Arab Jamahiriya, Madagascar, Malaysia, Maldives, Mali, Mauritania, Mauritius, Mexico, Morocco, Mozambique, Myanmar, Namibia, Nepal, Nicaragua, Niger, Omen, Pakistan, Paraguay, Peru, Philippines, Qatar, Republic of Korea, Saint Lucia, Sao Tome and Principe, Saudi Arabia, Senegal, Seychelles, Sierra Leone, Singapore, Somalia, Sri Lanka, Sudan, Suriname, Swaziland, Syrian Arab Republic, Thailand, Trinidad and Tobago, Tunisia, Turkey, Uganda, Ukraine, United Arab Emirates, United Republic of Tanzania, Vanuatu, Venezuela, Viet Nam, Yemen, Yugoslavia, Zambia, Zimbabwe.

Against: Israel, Latvia, Romania, United States, Uruguay.

Abstaining: Albania, Argentina, Australia, Austria, Barbados, Belgium, Belize, Bolivia, Bulgaria, Cameroon, Canada, Central African Republic, Costa Rica, Côte d’Ivoire, Czechoslovakia, Denmark, Dominica, Estonia, Fiji, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Jamaica, Japan, Liechtenstein, Lithuania, Luxembourg, Malta, Marshall Islands, Micronesia, Mongolia, Netherlands, New Zealand, Norway, Panama, Papua New Guinea, Poland, Portugal, Saint Kitts and Nevis, Saint Vincent and the Grenadines, Samoa, Solomon Islands, Spain, Sweden, Togo, USSR, United Kingdom.

Before voting on the text as a whole, the Assembly and the Committee retained paragraph 6 by recorded votes of 69 to 36, with 47 abstentions, and 53 to 35, with 32 abstentions, respectively.

On 11 December, the Assembly adopted resolution 46/76 by recorded vote.

The uprising (intifadah) of the Palestinian people

The General Assembly,

Aware of the uprising (intifadah) of the Palestinian people since 9 December 1987 against Israeli occupation which has received significant attention and sympathy from world public opinion,

Deeply concerned at the alarming situation in the Palestinian territory occupied since 1967, as a result of the continued occupation by Israel, the occupying Power, and of its persistent policies and practices against the Palestinian people,

Reaffirming that the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949, is applicable to the Palestinian territory occupied by Israel since 1967, including Jerusalem, and to the other occupied Arab territories,

Expressing its profound shock at the continued measures by Israel, the occupying Power, including the killing and wounding of Palestinian civilians, and at the acts of violence committed by the Israeli security forces, which took place on 8 October 1990 at the Haram al-Sharif in Jerusalem, resulting in injuries and loss of human lives and on 29 December 1990 at Rafah,

Stressing the need to promote international protection to the Palestinian civilians in the occupied Palestinian territory,

Recognizing the need for increased support to, and aid for and solidarity with the Palestinian people under Israeli occupation,

Having considered the recommendations contained in the reports of the Secretary-General of 21 January 1988, 31 October 1990 and 9 April 1991,

Recalling its relevant resolutions as well as the relevant Security Council resolutions, and in particular Council resolution 681(1990) of 20 December 1990, in paragraph 6 of which the Council requested "the Secretary-General, in cooperation with the International Committee of the Red Cross, to develop further the idea, expressed in his report, of convening a meeting of the High Contracting Parties to the said Convention to discuss possible measures that might be taken by them under the Convention and, for this purpose, to invite the Parties to submit their views on how the idea could contribute to the goals of the Convention, as well as on other relevant matters, and to report thereon to the Council",

1. Condemns those policies and practices of Israel, the occupying Power, which violate the human rights of the Palestinian people in the occupied Palestinian territory, including Jerusalem, and, in particular, such acts as the opening of fire by the Israeli army and settlers that result in the killing and wounding of defenceless Palestinian civilians, the beating and breaking of bones, the deportation of Palestinian civilians, the imposition of restrictive economic measures, the demolition of houses the ransacking of real or personal property belonging individually or collectively to private persons, collective punishment and detentions, and so forth;

2. Demands that Israel, the occupying Power, abide scrupulously by the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949, and desist immediately from those policies and practices which are in violation of the provisions of the Convention;

3. Calls upon all the High Contracting Parties to the Convention to ensure respect by Israel, the occupying Power, for the Convention in all circumstances, in conformity with their obligation under article 1 thereof;

4. Urges all the High Contracting Parties to the Geneva Convention to respond to the note verbale submitted to them by the Secretary-General in accordance with paragraph 6 of Security Council resolution 681(1990);

5. Strongly deplores the continuing disregard by Israel, the occupying Power, of the relevant decisions of the Security Council;

6. Reaffirms that the occupation by Israel of the Palestinian territory since 1967, including Jerusalem, and of the other Arab territories in no way changes the legal status of those territories;

7. Requests the Security Council to examine with urgency the situation in the occupied Palestinian territory with a view to considering measures needed to provide international protection to the Palestinian civilians in the Palestinian territory occupied by Israel since 1967, including Jerusalem;

8. Invites Member States, the organizations of the United Nations system, governmental, intergovernmental and non-governmental organizations, and the mass communications media to continue and enhance their support for the Palestinian people;

9. Requests the Secretary-General to examine the present situation in the Palestinian territory occupied since 1967, induding Jerusalem, by all means available to him and to submit periodic reports thereon, the first such report as soon as possible.

General Assembly resolution 46/76
11 December 1991 Meeting 69 142-2-5 (recorded vote)

21-nation draft (A/46/L.37 & Add.1) agenda item 33.

Sponsors: Afghanistan, Algeria, Bangladesh, Cuba, India, Indonesia, Jordan, Lao People’s Democratic Republic, Madagascar, Malaysia, Malta, Mauritania, Morocco, Pakistan, Senegal, Tunisia, Ukraine, United Arab Emirates, Viet Nam, Yemen, Yugoslavia.

Recorded vote in Assembly as follows:

In favour: Afghanistan, Albania, Algeria, Angola, Argentina, Australia, Austria, Bahrain, Bangladesh, Barbados, Belgium, Belize, Benin, Bhutan, Bolivia, Botswana, Brazil, Brunei Darussalam, Bulgaria, Burkina Faso, Burundi, Cameroon, Canada, Cape Verde, Central African Republic, Chad, Chile, China, Colombia, Comoros, Cuba, Cyprus, Czechoslovakia, Democratic People’s Republic of Korea, Denmark, Djibouti, Dominica, Ecuador, Egypt, El Salvador, Ethiopia, Finland, Franca, Gabon, Gambia, Germany, Ghana, Greece, Grenada, Guatemala, Guinea, Guyana, Haiti, Honduras, Hungary, Iceland, India, Indonesia, Iran, Iraq, Ireland, Italy, Jamaica, Japan, Jordan, Kenya, Kuwait, Lao People’s Democratic Republic, Lebanon, Lesotho, Liberia, Libyan Arab Jamahiriya, Liechtenstein, Lithuania, Luxembourg, Madagascar, Malawi, Malaysia, Maldives, Malta, Marshall Islands, Mauritania, Mauritius, Mexico, Micronesia, Mongolia, Morocco, Mozambique, Myanmar, Namibia, Nepal, Netherlands, New Zealand, Nicaragua, Niger, Nigeria, Norway, Oman, Pakistan, Paraguay, Peru, Philippines, Poland, Portugal, Qatar, Republic of Korea, Romania, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Samoa, Sao Tome and Principe, Saudi Arabia, Senegal, Seychelles, Sierra Leone, Singapore, Somalia, Spain, Sri Lanka, Sudan, Suriname, Swaziland, Sweden, Syrian Arab Republic, Thailand, Togo, Trinidad and Tobago, Tunisia, Turkey, Uganda, Ukraine, United Arab Emirates, United Kingdom, United Republic of Tanzania, Vanuatu, Venezuela, Viet Nam, Yemen, Yugoslavia, Zambia, Zimbabwe.

Against: Israel, United States.

Abstaining: Bahamas, Costa Rica, Panama, USSR, Uruguay.


SECURITY COUNCIL ACTION

The Security Council convened on several occasions in 1991 to consider the situation in the occupied territories. On 4 January, the President informed the Council of a letter of the same date(9) from the Alternate Permanent Observer of Palestine to the United Nations requesting that, in accordance with the Council's previous practice, an invitation be extended to him to participate in the discussion without the right to vote. The President added that the requested invitation was not made pursuant to rule 37a/ or rule 39b/ Of the Council's provisional rules of procedure but that, if it was approved, the Council would invite the Observer to participate, not under rule 37 or 39, but with the same rights of participation as under rule 37.


The request was approved by 11 votes in favour (Austria, China, Côte d'Ivoire, Cuba, Ecuador, India, Romania, USSR, Yemen, Zaire, Zimbabwe) to 1 against (United States), with 3 abstentions (Belgium, France, United Kingdom).

Before the vote, the United States, which had requested it, stated its opposition, saying the Council did not have before it a valid request to participate and observers did not have the right to participate at their own request. The representative of PLO should be granted permission to participate only if the request complied with rule 39. The United States did not agree with recent practice which appeared selectively to try to enhance, through ad hoc departures from the rules, the prestige of those wishing to speak in the Council.

During the Council's consideration, the President drew attention to two letters, from the Permanent Observer Mission of Palestine(10) and from the Chairman of the Committee on Palestinian rights.(11) Both charged Israel with escalating during December 1990 its violence against Palestinians, indiscriminately shooting and killing them. According to a recent report of the Database Project on Palestinian Human Rights, the Committee Chairman said, the latest killings had brought the death toll among Palestinians since the beginning of the intifadah to more than 900. On 29 December 1990, Associated Press had reported that Israeli troops shot and killed five Palestinians in the Gaza Strip in what was described as the bloodiest clash there since May, and The New York Times had reported on 30 December that the number of Palestinians wounded the previous day could reach as many as 250, more than 100 of them in the Rajah refugee camp.

Following consultations, the President made a statement on behalf of the Council members:(12)

Meeting number. SC 2473.

The Council met again on 27 March. In the interim, on 9 January, Yemen had requested an immediate meeting on the situation in the territories.(13) By the same vote as at the January meeting, the Council invited the Deputy Permanent Observer of Palestine, at his request,(14) to participate in its debate with the same rights of participation as under rule 37. The United States, which again requested the vote, reiterated its objections to what it called special and ad hoc departures from orderly procedure.

Following consultations, the President made a statement on behalf of the Council members:(15)

Meeting number. SC 2980.

After the four Palestinians were again expelled from Gaza on 18 May (for details, see below) Côte d'Ivoire, Cuba, Ecuador, India, Yemen, Zaire and Zimbabwe called for the urgent convening of the Council.(16)

The Council met on 24 May. With its consent Algeria, Egypt, Israel, Jordan, Lebanon, Malaysia and the United Arab Emirates were invited, at their request, to participate, under rule 37, in the discussion without the right to vote.

The request from the Deputy Permanent Observer of Palestine(17) that an invitation be extended to him to participate in the debate was again approved by 11 votes to 1, with 3 abstentions. The United States again expressed its objection to inviting the Observer with the same rights of participation as under rule 37.

After statements by several speakers, including the Observer and Israel, the Council unanimously adopted resolution 694(1991).

The Security Council,

Reaffirming its resolution 681(1990) of 20 December 1990,

Having learned with deep concern and consternation that Israel has, in violation of its obligations under the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949, and acting in opposition to relevant Security Council resolutions, and to the detriment of efforts to achieve a comprehensive, just and lasting peace in the Middle East, deported four Palestinian civilians on 18 May 1991,

1. Declares that the action of the Israeli authorities of deporting four Palestinians on 18 May is in violation of the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949, which is applicable to all the Palestinian territories occupied by Israel since 1967, including Jerusalem;

2. Deplores this action and reiterates that Israel, the occupying Power, must refrain from deporting any Palestinian civilian from the occupied territories and ensure the safe and immediate return of all those deported;

3. Decides to keep the situation under review.

Security Council resolution 694(1991)
24 May 1991 Meeting 2989 Adopted unanimously

Draft prepared in consultations among Council members (S/22633).


Other action. Following consideration of a report of the Executive Director on the environmental situation in the occupied Palestinian and other Arab territories, the Governing Council of UNEP, on 31 May, stressed the need for Israel to bear its responsibility as occupying Power by taking measures to conserve the natural resources, halt environmental deterioration, protect the human environment and ensure the well-being of the territories' citizens (see PART THREE, Chapter VIII).

Fourth Geneva Convention

The Security Council, in December 1990,(4) had requested the Secretary-General, in cooperation with ICRC, to develop further the idea of convening a meeting of the high contracting parties to the fourth Geneva Convention to discuss possible measures that might be taken by them under the Convention. By a note verbale of 21 March 1991 to the Secretary-General,(18) Israel categorically objected to the idea, saying that there was no precedent for such a meeting and no basis in the Convention for its convening which would rather constitute a subversion and abuse of the Convention and would undermine rather than contribute to its goals. The proposal was an astonishing act of singling out Israel and a dangerous move to politicize an international humanitarian law instrument. Israel's reservation with respect to the Convention's formal application vis-à-vis the territories was widely known; nevertheless, it had undertaken to apply all of the Convention's humanitarian provisions on a de facto basis. In doing so, it cooperated fully and was in regular contact with ICRC to enable it to fulfil its functions under the Convention.

In his progress report of April 1991 on the situation affecting the Palestinians under Israeli occupation,(6) the Secretary-General repeated his belief that a meeting of the parties to the Convention could facilitate discussion of possible measures to ensure the safety and protection of Palestinians in the occupied territories. In a report of September 1991,(19) he informed the General Assembly that Israel had not replied to his 25 March request for information on steps taken or envisaged to implement an Assembly resolution of 1990 (20) demanding that it acknowledge and comply with the Convention in the territories.


GENERAL ASSEMBLY ACTION

On 9 December 1991, on the recommendation of the Special Political Committee, the General Assembly adopted resolution 46/47 B by recorded vote.

The General Assembly,

Recalling Security Council resolution 465(1980) of 1 March 1980, in which, inter alia, the Council affirmed that the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949 is applicable to the Arab territories occupied by Israel since 1967, including Jerusalem,

Recalling also Security Council resolutions 672(1990) of 12 October 1990, 673(1990) of 24 October 1990 and 681(1990) of 20 December 1990,

Recalling further its resolutions 3092 A (XXVIII) of 7 December 1973, 3240 B (XXIX) of 29 November 1974, 3525 B (XXX) of 15 December 1975, 31/106 B of 16 December 1976, 32/91 A of 13 December 1977, 33/113 A of 18 December 1978, 34/90 B of 12 December 1979 35/122 A of 11 December 1980, 36/147 A of 16 December 1981, 37/88 A of 10 December 1982, 38/79 B of 15 December 1983, 39/95 B of 14 December 1984, 40/161 B of 16 December 1985, 41/63 B of 3 December 1986, 42/160 B of 8 December 1987, 43/58 B of 6 December 1988, 44/48 B of 8 December 1989 and 45/74 B of 11 December 1990,

Recalling the reports of the Secretary-General of 21 January 1988 and 31 October 1990, and taking note of the reports of the Secretary-General of 9 April 1991 and 11 September 1991,

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,

Bearing in mind the provisions of the Convention,

Noting that Israel and the concerned Arab States whose territories have been occupied by Israel since June 1967 are parties to that Convention,

Taking into account that States parties to the Convention undertake, in accordance with article 1 thereof, not only to respect but also to ensure respect for the Convention in all circumstances,

1. Reaffirms that the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949, is applicable to the occupied Palestinian territory, including Jerusalem, and other Arab territories occupied by Israel since 1967;

2. Condemns once again the failure of Israel, the occupying Power, to acknowledge the applicability of the Convention to the territories it has occupied since 1967, including Jerusalem;

3. Strongly demands that Israel accept the de jure applicability of the Convention and comply with its provisions in the occupied Palestinian territory, including Jerusalem and other Arab territories occupied by Israel since 1967;

4. Urgently calls upon all States parties to the Convention to exert all efforts in order to ensure respect for and compliance with its provisions in the occupied Palestinian territory, including Jerusalem, and other Arab territories occupied by Israel since 1967;

5. Requests the Secretary-General to report to the General Assembly at its forty-seventh session on the implementation of the present resolution.

General Assembly resolution 43/47 B
9 December 1991 Meeting 66 153-1-3 (recorded vote)

Approved by Special Political Committee (A/46/639) by recorded vote (118-1-3), 27 November (meeting 29); 11-nation draft (A/SPC/46/L.24); agenda item 73.

Sponsors: Afghanistan, Bangladesh, Brunei Darussalam, Comoros, Cuba, India, Indonesia, Madagascar, Malaysia, Pakistan, Zambia.

Meeting numbers. GA 48th session; SPC 26-29; plenary 66.

Recorded vote in Assembly as follows:

In favour: Afghanistan, Albania, Algeria, Angola, Argentina, Australia, Austria, Bahamas, Bahrain, Bangladesh, Barbados, Belarus, Belgium, Belize, Benin, Bhutan, Bolivia, Botswana, Brazil, Brunei Darussalam, Bulgaria, Burkina Faso, Burundi, Cameroon, Canada, Cape Verde, Central African Republic, Chad, Chile, China, Colombia, Comoros, Congo, Costa Rica, Cuba, Cyprus, Czechoslovakia, Democratic People's Republic of Korea Denmark, Djibouti, Ecuador, Egypt, Estonia, Ethiopia, Fiji, Finland, Franca Gabon, Gambia, Germany, Ghana, Greece, Grenada, Guatemala, Guinea, Guinea-Bissau, Guyana, Haiti, Honduras, Hungary, Iceland, India, Indonesia, Iran, Iraq, Ireland, Italy, Jamaica, Japan, Jordan, Kenya, Kuwait, Lao People's Democratic Republic, Latvia, Lebanon, Lesotho, Liberia, Libyan Arab Jamahiriya, Liechtenstein, Lithuania, Luxembourg, Madagascar, Malawi, Malaysia, Maldives, Mali, Malta, Marshall Islands, Mauritania, Mauritius, Mexico, Micronesia, Mongolia, Morocco, Mozambique, Myanmar, Namibia, Nepal, Netherlands, New Zealand, Nicaragua, Niger, Nigeria, Norway, Oman, Pakistan, Panama, Papua New Guinea, Paraguay, Peru, Philippines, Poland, Portugal, Qatar, Republic of Korea, Romania, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Samoa, Sao Tome and Principe, Saudi Arabia, Senegal, Seychelles, Sierra Leone, Singapore, Solomon Islands, Somalia, Spain, Sri Lanka, Sudan, Suriname, Swaziland, Sweden, Syrian Arab Republic, Thailand, Togo, Trinidad and Tobago, Tunisia, Turkey, Uganda, Ukraine, United Arab Emirates, United Kingdom, United Republic of Tanzania, Uruguay, Vanuatu, Venezuela, Viet Nam, Yemen, Yugoslavia, Zambia, Zimbabwe.

Against: Israel.

Abstaining: Dominica, USSR, United States.

Before voting on the text as a whole, the Assembly and the Committee adopted paragraph 1 by recorded votes of 155 to 1, with 1 abstention, and 120 to 1, respectively.

Palestinian detainees

Report of the Committee on Israeli practices. Between 1 September 1990 and 22 August 1991, grave deficiencies continued to be witnessed in the administration of justice, according to the Committee on Israeli practices. The "quick justice" policy pursued by Israel was illustrated by the large number of detentions, including administrative detentions. It was exemplified by a 27 June report of Ha'aretz that IDF on 26 June had amended the law on military courts in the territories, enabling a single-justice bench to impose prison sentences of up to 10 years, whereas before only a three-justice bench could impose sentences of over 5 years. According to military sources, the reason for the amendment was that, since the outbreak of the uprising, courts in the territories had been overburdened. Another illustration of the arbitrary nature of the administration of justice was the administrative detention imposed on 29 January for six months on Sari Nusseibeh, considered to be one of the leading moderate Palestinian intellectuals in the territories. Although the Defence Minister stated that Nusseibeh was detained for the subversive activity of collecting security information for Iraqi intelligence, especially after missile attacks on Israel, the detention was later reduced to three months on a suggestion by the Jerusalem District Court judge who expressed the conviction that the detention was simply preventive, justified by the state of war.

The Committee was particularly concerned about the severity of the sentences imposed on the Arab population as opposed to the leniency towards Israelis charged with killing or ill-treating Arabs. The situation of detainees also continued to be a source of grave preoccupation during the period under consideration, and the very high number of Arab civilians detained since the beginning of the uprising contributed to a further deterioration of the status: and treatment of prisoners. On 21 December 1990, Ha’aretz reported that, according to the Judge Advocate-General, over 70,000 residents of the territories had been arrested since the beginning of the uprising. On 15 July 1991, the commander of the military police reported that 9,128 residents were currently held in military prisons, including 580 in administrative detention. Some 4,891 of the persons detained were convicted prisoners serving sentences, while 2,966 were pre-trial detainees and 691 "regular detainees". Detainees continued to be held in prisons and detention centres inside Israel itself, such as Ansar 3 (Ketziot), in violation of relevant provisions of article 76 of the fourth Geneva Convention. According to several reports, detainees, including minors and women, had continued to be subjected to various forms of ill-treatment, both physical and psychological. Reference could be made in that connection to the report issued by the Israeli human rights group Betzelem on 21 March on the basis of interviews with 41 Palestinian detainees, who alleged having been tortured during interrogation over the past three years, having been subjected to severe beatings, food and sleep deprivation, threats to harm family members, prolonged confinement in tiny refrigerated cells, being tied up in painful positions, having their heads covered with a sack and being made to sit on wet floors for several hours. None of the 41 were convicted, or even suspected of "hostile terrorist activity". Other complaints by detainees, often leading to protests in the form of widespread hunger strikes, included inadequate food and medical treatment, overcrowding of cells, lack of sanitary facilities and lack of proper arrangements for meetings between detainees and their lawyers or family members.

Report of the Secretary-General. In September 1991,(21) the Secretary-General informed the General Assembly that Israel had not replied to his March request for information on steps taken or envisaged to implement an Assembly resolution of 1990(22) calling on Israel to release all Palestinians and other Arabs arbitrarily detained or imprisoned.


GENERAL ASSEMBLY ACTION

On 9 December 1991, on the recommendation of the Special Political Committee, the General Assembly adopted resolution 46/47 D by recorded vote.

The General Assembly,

Recalling Security Council resolution 605(1987) of 22 December 1987,

Recalling also its resolutions 38/79 A of 15 December 1983, 39/95 A of 14 December 1984, 40/161 A of 16 December 1985, 41/63 A of 3 December 1986, 42/160 A of 8 December 1987, 43/21 of 3 November 1988, 43/58 D of 6 December 1988, 44/2 of 6 October 1989, 44/48 D of 8 December 1989 and 45/74 D of 11 December 1990

Taking note of 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,

Recalling the reports of the Secretary-General of 21 January 1988 and 31 October 1990, and taking note of the report of the Secretary-General of 11 September 1991,

1. Deplores the arbitrary detention or imprisonment by Israel of thousands of Palestinians as a result of their resistance to occupation in order to attain self-determination;

2. Calls upon Israel, the occupying Power, to release all Palestinians and other Arabs arbitrarily detained or imprisoned;

3. Requests the Secretary-General to report to the General Assembly as soon as possible but not later than the beginning of its forty-seventh session on the implementation of the present resolution.

General Assembly resolution 46/47 D
9 December 1991 Meeting 66 153-2-2 (recorded vote)

Approved by Special Political Committee (A/46/639) by recorded vote (116-2-2), 27 November (meeting 29); 11-nation draft (A/SPC/46/L.26); agenda item 73.

Sponsors. Afghanistan, Bangladesh, Brunei Darussalam, Comoros, Cuba, India, Indonesia, Madagascar, Malaysia, Pakistan, Zambia.

Meeting numbers. GA 46th session: SPC 26-29; plenary 66.

Recorded vote in Assembly as follows:

In favour: Afghanistan, Albania, Algeria, Angola, Argentina, Australia, Austria, Bahamas, Bahrain, Bangladesh, Barbados, Belarus, Belgium, Belize, Benin, Bhutan, Bolivia, Botswana, Brazil, Brunei Darussalam, Bulgaria, Burkina Faso, Burundi, Cameroon, Canada, Cape Verde, Central African Republic, Chad, Chile, Chine, Colombia, Comoros, Congo, Costa Rica, Côte d’Ivoire, Cuba, Cyprus, Czechoslovakia, Democratic People's Republic of Korea, Denmark, Djibouti, Ecuador, Egypt, Estonia, Ethiopia, Fiji, Finland, France, Gabon, Gambia, Germany, Ghana, Greece, Grenada, Guatemala, Guinea, Guinea-Bissau, Guyana, Haiti, Honduras, Hungary, Iceland, India, Iran, Iraq, Ireland, Italy, Jamaica, Japan, Jordan, Kenya, Kuwait, Lao People’s Democratic Republic, Latvia, Lebanon, Lesotho, Liberia, Libyan Arab Jamahiriya, Liechtenstein, Lithuania, Luxembourg, Madagascar, Malawi, Malaysia, Maldives, Mali, Malta, Marshall Islands, Mauritania, Mauritius, Mexico, Micronesia, Mongolia, Morocco, Mozambique, Myanmar, Namibia, Nepal, Netherlands, New Zealand, Nicaragua, Niger, Nigeria, Norway, Oman, Pakistan, Panama, Papua New Guinea, Paraguay, Peru, Philippines, Poland, Portugal, Qatar, Republic of Korea, Romania, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Samoa, Sao Tome and Principe, Saudi Arabia, Senegal, Seychelles, Sierra Leone, Singapore, Solomon Islands, Somalia, Spain, Sri Lanka, Sudan, Suriname, Swaziland, Sweden, Syrian Arab Republic, Thailand, Togo, Trinidad and Tobago, Tunisia, Turkey, Uganda, Ukraine, United Arab Emirates, United Kingdom, United Republic of Tanzania, Vanuatu, Venezuela, Viet Nam, Yemen, Yugoslavia, Zambia, Zimbabwe.

Against: Israel, United States.

Abstaining: Dominica, USSR.

Expulsion and deportation of Palestinians

In its report of October 1991, the Committee on Israeli practices said that the period under review witnessed a resumption of deportations on “security grounds" from the territories, carried out in spite of a wave of international protest against this violation of article 49 of the fourth Geneva Convention, including unanimous Security Council resolutions against such illegal practice. On 9 January,(23) Lebanon charged Israel with having expelled and deported four Palestinians from the Gaza Strip to Lebanon, through the so-called "security zone”. On 18 May 1991, four Gaza Strip residents were expelled to Lebanon, after the High Court of Justice rejected their petition against deportation. Another preoccupying element was the trend to expel Palestinians without a valid residence permit. According to a report by Ha'aretz and The Jerusalem Post, Betzelem stated in a press conference on 15 August that at least 20 women married to Palestinians had recently been ordered to leave the West Bank with their children despite a declared policy of the State Attorney's office that non-resident wives and children of West Bank residents would not be deported.


SECURITY COUNCIL ACTION

Following Israel's 24 March decision to expel four Palestinians—Hashim Ahmed Ali, Jamal Abid El Nasser Abu Jabal, Jamal Mohammed Abu-Eljedian and Muin Mohammad Husam—from Gaza,(24) the Security Council President on 27 March issued a statement on behalf of the Council members deploring that decision and calling on Israel to refrain from deporting Palestinians and to ensure the safe return of those deported. (For details of the Council's consideration of the matter, within the context of the situation in the occupied territories, see above.) According to The New York Times of 25 March, the deportations had been ordered following stabbing attacks against Israelis, although the four men had not been accused of being involved in any of the attacks.(25)

The four were again expelled from the Gaza Strip on 18 May(26) and transported by an Israeli military helicopter to the so-called "security zone" in southern Lebanon, where they were taken in two civilian cars to the Lebanese army checkpoint at Marj el-Zouhour in the southern Bekaa valley.(27) Recalling the Council's 27 March statement, the Secretary-General on 20 May strongly deplored the deportations. On 24 May, the Council adopted resolution 694(1991) deploring Israel's action and declaring it a violation of the fourth Geneva Convention (for details, see above).

In a statement before the Council, Israel said the four expelled Palestinians were convicted criminals prominent in instigating and perpetrating violence and were leaders of local terror squads who bore direct responsibility for murderous terror attacks committed under orders from abroad, for which they were tried and convicted. Three of them had been released from prison in a 1985 prisoner exchange, on the condition that they refrained from further terrorist activities; however, they continued to foment and direct violent attacks, notwithstanding repeated detentions.

Expulsions were a measure of last resort and were carried out only in extreme cases when all other measures proved ineffective. The four individuals who received expulsion orders were given the opportunity to appeal, first to an Advisory Committee attached to the Regional Commander, and subsequently to the Israel Supreme Court sitting as a High Court of Justice, which decided to uphold the orders. The Court had determined on a number of occasions that article 49 of the fourth Geneva Convention could not be viewed as anything but a reference to arbitrary mass and individual deportations such as were carried out during the Second World War for the purposes of extermination and forced labour; the article could not detract from Israel's obligation to preserve public safety nor from its right to take measures necessary to preserve its own security.

The Observer for Palestine said that since the beginning of the intifadah, Israel had overtly deported 70 Palestinians and several hundred others under various pretexts. Those deportations had gone hand in hand with a feverish escalation in building new settlements and expanding older ones, particularly in the past few months. Thousands of homes were being demolished, curfews imposed, universities closed, Palestinian land and wealth expropriated and the Palestinians' livelihoods destroyed. Oppression and mistreatment were escalating, with hundreds being killed and wounded each week and thousands being detained. All that increased the urgent need to provide international protection for the Palestinians under occupation until that occupation was brought to an end.

Report of the Secretary-General. In September,(28) the Secretary-General informed the General Assembly that no reply had been received from Israel to his March request for information on steps it had taken or envisaged to implement the 1990 Assembly demand(29) that Israel cease deporting Palestinians and facilitate their immediate return.


GENERAL ASSEMBLY ACTION

On 9 December 1991, on the recommendation of the Special Political Committee, the General Assembly adopted resolution 46/47 E by recorded vote.

The General Assembly,

Recalling Security Council resolutions 605(1987) of 22 December 1987, 607(1988) of 5 January 1988, 608(1988) of 14 January 1988, 636(1989) of 6 July 1989, 641(1989) of 30 August 1989, 672(1990) of 12 October 1990 673(1990) of 24 October 1990, 681(1990) of 20 December 1990 and 694(1991) of 24 May 1991,

Recalling the reports of the Secretary-General of 21 January 1988 and 31 October 1990, and taking note of the reports of the Secretary-General of 9 April 1991 and 11 September 1991,

Alarmed by the continuing deportation of Palestinians from the occupied Palestinian territory by the Israeli authorities,

Recalling the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949, in particular article 1 and the first paragraph of article 49, which read as follows:
"Article 1

"The High Contracting Parties undertake to respect and to ensure respect for the present Convention in all circumstances.”
"Article 49

"Individual or mass forcible transfers, as well as deportations of protected persons from occupied territory to the territory of the occupying Power or to that of any other country, occupied or not, are prohibited, regardless of their motive . . .",

Reaffirming the applicability of the Convention to the occupied Palestinian territory, including Jerusalem, and other Arab territories occupied by Israel since 1967,

1. Strongly deplores the continuing disregard by Israel, the occupying Power, of the relevant resolutions and decisions of the Security Council and resolutions of the General Assembly;

2. Demands that the Government of Israel, the occupying Power, rescind the illegal measures taken by its authorities in deporting Palestinians and that it facilitate their immediate return;

3. Calls upon Israel, the occupying Power, to cease forthwith the deportation of Palestinians and to abide scrupulously by the provisions of the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949;

4. Requests the Secretary-General to report to the General Assembly as soon as possible but not later than the beginning of its forty-seventh session on the implementation of the present resolution.

General Assembly resolution 46/47 E
9 December 1991 Meeting 66 153-1-3 (recorded vote)

Approved by Spacial Political Committee (A/46/639) by recorded vote (118-1-3), 27 November (meeting 29); 11-nation draft (A/SPC/46/L.27); agenda item 73.

Sponsors: Afghanistan, Bangladesh, Brunei Darussalam, Comoros, Cuba, India, Indonesia, Madagascar, Malaysia, Pakistan, Zambia.

Meeting numbers. GA 46th session: SPC 26-29; plenary 66.

Recorded vote in Assembly as follows:

In favour: Afghanistan, Albania, Algeria, Angola, Argentina, Australia, Austria, Bahamas, Bahrain, Bangladesh, Barbados, Belarus, Belgium, Belize, Benin, Bhutan, Bolivia, Botswana, Brazil, Brunei Darussalam, Bulgaria, Burkina Faso, Burundi, Cameroon, Canada, Cape Verde, Central African Republic, Chad, Chile, China, Colombia, Comoros, Congo, Costa Rica, Côte d’Ivoire, Cuba, Cyprus, Czechoslovakia, Democratic People's Republic of Korea, Denmark, Djibouti, Ecuador, Egypt, Estonia, Ethiopia, Fiji, Finland, France, Gabon, Gambia, Germany, Ghana, Greece, Grenada, Guatemala, Guinea, Guinea-Bissau, Guyana, Haiti, Honduras, Hungary, Iceland, India, Indonesia, Iran, Iraq, Ireland, Italy, Jamaica, Japan, Jordan, Kenya, Kuwait, Lao People's Democratic Republic, Latvia, Lebanon, Lesotho, Liberia, Libyan Arab Jamahiriya, Liechtenstein, Lithuania, Luxembourg, Madagascar, Malawi, Malaysia, Maldives, Mali, Malta, Marshall Islands, Mauritania, Mauritius, Mexico, Micronesia, Mongolia, Morocco, Mozambique, Myanmar, Namibia, Nepal, Netherlands, New Zealand, Nicaragua, Niger, Nigeria, Norway, Oman, Pakistan, Panama, Papua New Guinea, Paraguay, Peru, Poland, Portugal, Qatar, Republic of Korea, Romania, Saint Kitts and Navis, Saint Lucia, Saint Vincent and the Grenadines, Samoa, Sao Tome and Principe, Saudi Arabia, Senegal, Seychelles, Sierra Leone, Singapore, Solomon Islands, Somalia, Spain, Sri Lanka, Sudan, Suriname, Swaziland, Sweden, Syrian Arab Republic, Thailand, Togo, Trinidad and Tobago, Tunisia, Turkey, Uganda, Ukraine United Arab Emirates, United Kingdom, United Republic of Tanzania, Uruguay, Vanuatu, Venezuela, Viet Nam, Yemen, Yugoslavia, Zambia, Zimbabwe.

Against: Israel.

Abstaining: Dominica, USSR, United States.

Israeli measures against
educational institutions

Report of the Committee on Israeli practices. According to a report by Betzelem, closure orders affected all West Bank schools during the 1990/91 academic year; during a certain period, primary schools and even kindergartens were ordered dosed, the Special Committee reported in its October 1991 report. These long periods of interruption of the educational process, together with severe shortages of classrooms and adequate teaching materials, and the banning by military authorities of attempts by teachers to provide for alternative education outside the dosed schools and universities, led to a dramatic decline of the educational level, particularly among young children.

Report of the Secretary-General. In September 1991,(30) the Secretary-General informed the General Assembly that no reply had been received from Israel to his March request for information on steps it had taken or envisaged to implement the 1990 Assembly demand(31) that it rescind all actions and measures against educational institutions, ensure their freedom and refrain from hindering their effective operation.


GENERAL ASSEMBLY ACTION

On 9 December, on the recommendation of the Special Political Committee, the General Assembly adopted resolution 46/47 G by recorded vote.

The General Assembly,

Bearing in mind the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949,

Deeply concerned about the continued and intensified harassment by Israel, the occupying Power, directed against educational institutions in the occupied Palestinian territory,

Recalling Security Council resolutions 605(1987) of 22 December 1987, 672(1990) of 12 October 1990, 673(1990) of 24 October 1990 and 681(1990) of 20 December 1990,

Recalling also its resolutions 38/79 G of 15 December 1983, 39/95 G of 14 December 1984, 40/161 G of 16 December 1985, 41/63 G of 3 December 1986, 42/160 G of 8 December 1987, 43/21 of 3 November 1988, 43/58 G of 6 December 1988, 44/2 of 6 October 1989, 44/48 G of 8 December 1989 and 45/74 G of 11 December 1990,

Recalling the reports of the Secretary-General of 21 January 1988 and 31 October 1990, and taking note of the reports of the Secretary-General of 9 April 1991 and 11 September 1991,

Taking note of the relevant decisions adopted by the Executive Board of the United Nations Educational, Scientific and Cultural Organization concerning the educational and cultural situation in the occupied Palestinian territory,

1. Reaffirms the applicability of the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949, to the occupied Palestinian territory, including Jerusalem, and other Arab territories occupied by Israel since 1967;

2. Condemns Israeli policies and practices against Palestinian students and faculty members in schools, universities and other educational institutions in the occupied Palestinian territory, especially the opening of fire on defenceless students, causing many casualties;

3. Also condemns the systematic Israeli campaign of repression against and closing of universities, schools and other educational and vocational institutions in the occupied Palestinian territory, in large numbers and for prolonged periods, restricting and impeding the academic activities of Palestinian universities by subjecting the selection of courses, textbooks and educational programmes the admission of students and the appointment of faculty members to the control and supervision of the military occupation authorities, in flagrant contravention of the Convention;

4. Demands that Israel, the occupying Power, comply with the provisions of that Convention, rescind all actions and measures taken against all educational institutions, ensure the freedom of those institutions and refrain forthwith from hindering the effective operation of the universities, schools and other educational institutions;

5. Requests the Secretary-General to report to the General Assembly as soon as possible but not later than the beginning of its forty-seventh session on the implementation of the present resolution.

General Assembly resolution 46/47 G
9 December 1991 Meeting 66 150-2-4 (recorded vote)

Approved by Special Political Committee (A/46/639) by recorded vote (117-2-3), 27 November (meeting 29); 11-nation draft (A/SPC/46/L.29); agenda item 73.

Sponsors: Afghanistan, Bangladesh, Brunei Darussalam, Comoros, Cuba, India, Indonesia, Madagascar, Malaysia, Pakistan, Zambia.

Meeting numbers. GA 46th session; SPC 26-29; plenary 66.

Recorded vote in Assembly as follows:

In favour: Afghanistan, Albania, Algeria, Angola, Argentina, Australia, Austria, Bahamas, Bahrain, Bangladesh, Barbados, Belarus, Belgium, Belize, Benin, Bhutan, Bolivia, Botswana, Brazil, Brunei Darussalam, Bulgaria, Burkina Faso, Burundi, Cameroon, Cape Verde, Central African Republic, Chad, Chile, China, Colombia, Comoros, Congo, Costa Rica, Cuba, Cyprus, Czechoslovakia, Democratic People's Republic of Korea, Denmark, Djibouti, Ecuador, Egypt, Estonia, Ethiopia, Fiji, Finland, France, Gabon, Gambia, Germany, Ghana, Greece, Granada, Guatemala, Guinea, Guyana, Haiti, Honduras, Iceland, India, Indonesia, Iran, Iraq, Ireland, Italy, Jamaica, Japan, Jordan, Kenya, Kuwait, Lao People's Democratic Republic, Latvia, Lebanon, Lesotho, Liberia, Libyan Arab Jamahiriya, Liechtenstein, Lithuania, Luxembourg, Madagascar, Malawi, Malaysia, Maldives, Mali, Malta, Marshall Islands, Mauritania, Mauritius, Mexico, Micronesia, Mongolia, Morocco, Mozambique, Myanmar, Namibia, Nepal, Netherlands, New Zealand, Nicaragua, Niger, Nigeria, Norway, Oman, Pakistan, Panama, Papua Now Guinea, Paraguay, Peru, Philippines, Poland, Portugal, Qatar, Republic of Korea, Romania, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Samoa, Sao Tome and Principe, Saudi Arabia, Senegal, Seychelles, Sierra Leone, Singapore, Solomon Islands, Somalia, Spain, Sri Lanka, Sudan, Suriname, Swaziland, Sweden, Syrian Arab Republic,, Thailand, Togo, Trinidad and Tobago, Tunisia, Turkey, Uganda, Ukraine, United Arab Emirates, United Kingdom, United Republic of Tanzania, Uruguay, Vanuatu, Venezuela, Viet Nam, Yemen, Yugoslavia, Zambia, Zimbabwe.

Against: Israel, United States.

Abstaining: Canada, Côte d’Ivoire, Dominica, USSR.

Golan Heights

The Special Committee's report also contained information on the situation in the Golan Heights, which were, like other territories occupied by Israel, affected by intensified settlements policy (see below) and other Israeli practices, such as the issuance of Israeli identity cards for Syrian nationals who were residents of the Golan Heights. According to a statement of the Syrian Ministry of Foreign Affairs in September,(32) 27 such nationals were being detained because they refused to carry Israeli identification cards.

Report of the Secretary-General. In September 1991,(33) the Secretary-General informed the General Assembly that no reply had been received from Israel to his March request for information on steps it had taken or envisaged to implement the 1990 Assembly call(34) on Israel to desist from repressive measures against the Golan population.


GENERAL ASSEMBLY ACTION

On 9 December, on the recommendation of the Special Political Committee, the General Assembly adopted resolution 46/47 F by recorded vote.

The General Assembly,

Deeply concerned that the Arab territories occupied since 1967 have been under continued Israeli military occupation,

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

Recalling also its resolutions 36/226 B of 17 December 1981 ES-9/1 of 5 February 1982, 37/88 E of 10 December 1982, 38/79 F of 15 December 1983, 39/95 F of 14 December 1984, 40/161 F of 16 December 1985, 41/63 F of 3 December 1986, 42/160 F of 8 December 1987, 43/21 of 3 November 1988, 43/58 F of 6 December 1988, 44/2 of 6 October 1989, 44/48 F of 8 December 1983 and 45/74 F of 11 December 1990,

Having considered the report of the Secretary-General of 11 September 1991,

Recalling its previous resolutions, in particular resolutions 3414(XXX) of 5 December 1975, 31/61 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 E of 11 December 1980, in which, inter alia, it called upon Israel to put an end to its occupation of the Arab territories and to withdraw from all those territories,

Reaffirming once more the illegality of Israel's decision of 14 December 1981 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 and that all territories thus occupied by Israel must be returned,

Recalling the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949,

Reaffirming the applicability of the Convention to the occupied Syrian Golan,

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

1. Strongly condemns Israel, the occupying Power, for its refusal to comply with the relevant resolutions of the General Assembly and the Security Council, particularly 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 Arab Golan was null and void and without international legal effect and demanded that Israel, the occupying Power, should rescind forthwith its decision;

2. Condemns the persistence of Israel in changing the physical character, demographic composition, institutional structure and legal status of the occupied Syrian Golan;

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. Strongly condemns Israel for its attempts forcibly to impose Israeli citizenship and Israeli identity cards on the Syrian citizens in the occupied Syrian Golan, and calls upon it to desist from its repressive measures against the population of the occupied Syrian Golan;

5. Deplores the violations by Israel of the Convention;

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 forty-seventh session on the implementation of the present resolution.

General Assembly resolution 46/47 F
9 December 1991 Meeting 66 152-1-4 (recorded vote)

Approved by Special Political Committee (A/46/639) by recorded vote (116-1-3), 27 November (meeting 29); 11-nation draft (A/SPC/46/L.28); agenda item 73.

Sponsors: Afghanistan, Bangladesh, Brunei Darussalam, Comoros, Cuba, India, Indonesia, Madagascar, Malaysia, Pakistan, Zambia.

Meeting numbers. GA 46th session: SPC 26-29; plenary 66.

Recorded vote in Assembly as follows:

In favour: Afghanistan, Albania, Algeria, Angola, Argentina, Australia, Austria, Bahamas, Bahrain, Bangladesh, Barbados, Belarus, Belgium, Belize, Benin, Bhutan, Bolivia, Botswana, Brazil, Brunei Darussalam, Bulgaria, Burkina Faso, Burundi, Cameroon, Canada, Cape Verde, Central African Republic, Chad, Chile, China, Colombia, Comoros, Congo, Costa Rica, Cuba, Cyprus, Czechoslovakia, Democratic People's Republic of Korea, Denmark, Djibouti, Ecuador, Egypt, Estonia, Ethiopia, Fiji, Finland, France Gabon, Gambia, Germany, Ghana, Greece, Grenada, Guatemala, Guinea, Guinea-Bissau, Guyana, Haiti, Honduras, Hungary, Iceland, India, Indonesia, Iran, Iraq, Ireland, Italy, Jamaica, Japan, Jordan, Kenya, Kuwait, Lao People's Democratic Republic, Latvia, Lebanon, Lesotho, Liberia, Libyan Arab Jamahiriya, Liechtenstein, Lithuania, Luxembourg, Madagascar, Malaysia, Maldives, Mali, Malta, Marshall Islands, Mauritania, Mauritius, Mexico, Micronesia, Mongolia, Morocco, Mozambique, Myanmar, Namibia, Nepal, Netherlands, New Zealand, Nicaragua, Niger, Nigeria, Norway, Oman, Pakistan, Panama, Papua New Guinea, Paraguay, Peru, Philippines, Poland, Portugal, Qatar, Republic of Korea, Romania, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Samoa, Sao Tome and Principe, Saudi Arabia, Senegal, Seychelles, Sierra Leone, Singapore, Solomon Islands, Somalia, Spain, Sri Lanka, Sudan, Suriname, Swaziland, Sweden, Syrian Arab Republic, Thailand, Togo, Trinidad and Tobago, Tunisia, Turkey, Uganda, Ukraine, United Arab Emirates, United Kingdom. United Republic of Tanzania, Uruguay, Vanuatu, Venezuela, Vet Nam, Yemen, Yugoslavia, Zambia, Zimbabwe.

Against: Israel.

Abstaining: Côte d’Ivoire,, Dominica, USSR, United States.

Israeli settlements

Illustrations of Israel's settlements policy were provided in the October 1991 report of the Committee on Israeli practices. The Deputy Housing Minister had declared on 20 February that it was planned to build several thousand houses in the territories over the coming three years, including 2,000 during the 1991 fiscal year. That intention was further confirmed on 1 May when it was reported by Ha'aretz that the Housing Ministry was planning to build 24,000 new housing units in the West Bank, to accommodate 88,000 Jews. On 2 July, it was reported that the Ministry had set up a special office to oversee settlement activities in the territories, with a view to accelerating construction and expanding existing settlements. According to a report of 2 July in Ha'aretz and The Jerusalem Post, the planned construction could increase the Jewish population in the territories by half a million. The accelerated settlements policy was particularly noticeable in the Jerusalem area where, for instance, it was reported by Ha'aretz on 27 May that an outline plan for the settlement of Ma'aleh Adumim, east of Jerusalem, provided for expanding the settlement over approximately 50 per cent of its current surface, thus almost linking it with the eastern neighbourhoods of Jerusalem. The trend to settle new immigrants arriving in Israel in the territories also persisted during the reporting period. The Permanent Observer for Palestine said on 10 May(35) that Israel planned to settle 1 million Jews in Jerusalem and 36,000 residential units were to be built in the area between Al Khalil and Bethlehem, in addition to the 3,000 in Jerusalem currently under construction.

As an example of the determination to expand settlements in the Golan Heights, the Committee cited the declaration of the Minister of Housing before the Knesset on 18 March 1991, according to which the Jewish population in the Golan Heights would be tripled by building over 2,400 new housing units during the next two years. He said the building programme was a concrete statement of Israel's intention to remain in the Golan Heights. Another illustration of that policy was the announcement on 21 May that a new settlement called "Kanaf" was to be inaugurated and that two others were planned in the Golan. On 23 July, it was announced by the head of the Golan Heights Regional Council that four new settlements would be set up shortly and that new immigrants would settle there.

According to the Syrian Arab Republic,(36) 43 settlements had been established by Israel in the Golan Heights and the number of Israeli settlers there exceeded 12,400 as of May 1991. On 21 May, the Israeli Minister of Housing, Ariel Sharon, had declared that he would like to double the number of settlements in the Golan Heights. Those Israeli practices were impeding peace efforts, the Syrian Arab Republic said. In November,(37) it stated that the Israeli Ministers of Agriculture and Housing had inaugurated a new settlement, which was in principle to be settled by 70 Jewish families from the USSR; in a speech given on that occasion, the Housing Minister had called for an expansion of the Jewish population in the Golan Heights in order to ensure its control by Israel. According to the Syrian Arab Republic, the number of Jewish settlers had meanwhile reached 13,400.

The period under review was also marked by violence and aggression by Israeli settlers against the Palestinian and other Arab population. An example of indiscriminately violent behaviour of settlers was an incident on 18 February 1991 involving a settler from Teqo’a, near Bethlehem, who on 24 February confessed that he had fired his sub-machine-gun while his car was stopped at a makeshift road block in Beit Sahour. A bullet struck and killed a 14-year-old Palestinian in the kitchen of his home. Another illustration was an incident on 12 May at A-Ram junction, north of Jerusalem, when settlers from Shiloh opened fire on an Arab minibus, injuring a 4-and a 5-year-old child. The settlers claimed that the passengers had thrown cans at their bus and the minibus had tried to run their bus off the road. One of the injured boys had to be hospitalized. Another serious incident occurred on 8 June 1991, when a settler shot dead an Arab shepherd.

Further establishment and expansion of settlements, following confiscation of homes and lands of Palestinians, and an increase in illegal activities by Israeli settlers were reported later in the year. The Permanent Observer of Palestine to the United Nations, on 13 December,(38) charged that the Israeli Cabinet had endorsed and approved the building of 200 new housing units in the neighbourhood of Silwan in East Jerusalem. The Chairman of the Committee on Palestinian rights, on 16 December,(39) quoted several reports on settlement activities. According to a Reuters news agency report of 12 December, approximately 30 Jewish settlers, protected by large numbers of police, had forced entry into six Palestinian houses in Silwan and expelled the occupants. The settlers had moved in following an Israeli Cabinet decision authorizing them to remain in Silwan after they had attempted for two months to dispossess the Palestinian homeowners. On 13 December, The New York Times reported that the Housing Minister had encouraged and financed the settlers' action. As reported by the same newspaper, in the last few years, Jewish nationalist movements had, with government backing, taken over houses in the Old City's Muslim and Christian quarters. According to a 19 November report of the Jerusalem-based Information Centre on Human Rights in Palestine, Israeli information officers and forces had on the previous day broken into the Islamic Court and other premises in East Jerusalem, seizing archives dating back 500 years, some of which related to the ownership of land and buildings in Jerusalem.

On 20 June,(40) Yemen, as Chairman of the Group of Arab States, requested a Security Council meeting to consider Israeli settlement activity in the territories.

Report of the Secretary-General. In September,(41) the Secretary-General informed the General Assembly that no reply had been received from Israel to his March request for information on steps it had taken or envisaged to implement the 1990 Assembly demand(42) that it desist from taking any action that would result in changing the legal status, geographical nature or demographic composition of the territories.


GENERAL ASSEMBLY ACTION

On 9 December, on the recommendation of the Special Political Committee, the General Assembly adopted resolution 46/47 C by recorded vote.

The General Assembly,

Recalling Security Council resolutions 465(1980) of 1 March 1980, 605(1987) of 22 December 1987, 672(1990) of 12 October 1990, 673(1990) of 24 October 1990 and 681(1990) of 20 December 1990,

Recalling also its resolutions 32/5 of 28 October 1977, 33/113 B of 18 December 1978, 34/90 C of 12 December 1979, 35/122 B of 11 December 1980, 36/147 B of 16 December 1981, 37/88 B of 10 December 1982, 38/79 C of 15 December 1983, 39/95 C of 14 December 1984, 40/161 C of 16 December 1985, 41/63 C of 3 December 1986, 42/160 C of 8 December 1987, 43/58 C of 6 December 1988, 44/48 C of 8 December 1989 and 45/74 C of 11 December 1990,

Expressing grave anxiety and concern about the serious situation prevailing in the occupied Palestinian territory, including Jerusalem, and other Arab territories occupied by Israel since 1967, as a result of the continued Israeli occupation and the measures and actions taken by Israel, the occupying Power, designed to change the legal status, geographical nature and demographic composition of those territories,

Recalling the reports of the Secretary-General of 21 January 1988 and 31 October 1990 and taking note of the reports of the Secretary-General of 9 April 1991 and 11 September 1991,

Confirming that the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949, is applicable to all occupied Palestinian territory, including Jerusalem, and other Arab territories occupied by Israel since 1967,

1. Determines that all such measures and actions taken by Israel in the occupied Palestinian territory, including Jerusalem, and other Arab territories occupied by Israel since 1967 are 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, constitute a serious obstacle to the efforts to achieve a comprehensive, just and lasting peace in the Middle East and therefore have no legal validity;

2. Strongly deplores the persistence of Israel in carrying out such measures, in particular the establishment of settlements in the occupied Palestinian territory, including Jerusalem, and other Arab territories occupied by Israel since 1967;

3. Demands that Israel comply strictly with its international obligations in accordance with the principles of international law and the provisions of the said Convention;

4. Demands once more that Israel, the occupying Power desist forthwith from taking any action that would result in changing the legal status, geographical nature or demographic composition of the occupied Palestinian territory, including Jerusalem and other Arab territories occupied by Israel since 1967;

5. Urgently calls upon all States parties to the Convention to respect and to exert all efforts in order to ensure respect for and compliance with its provisions in all occupied Palestinian territory, including Jerusalem, and other Arab territories occupied by Israel since 1967;

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

General Assembly resolution 46/47 C
9 December 1991 Meeting 66 153-1-3 (recorded vote)

Approved by Spacial Political Committee (A/46/639) by recorded vote (118-1-3), 27 November (meeting 29); 11-nation draft (A/SPC/46/L.25); agenda item 73.

Sponsors: Afghanistan, Bangladesh, Brunei Darussalam, Comoros, Cuba, India, Indonesia, Madagascar, Malaysia, Pakistan, Zambia.

Meeting numbers. GA 46th session: SPC 26-29; plenary 66.

Recorded vote in Assembly as follows:

In favour: Afghanistan, Albania, Algeria, Angola, Argentina, Australia, Austria, Bahamas, Bahrain, Bangladesh, Barbados, Belarus, Belgium, Belize, Benin, Bhutan, Bolivia, Botswana, Brazil, Brunei Darussalam, Bulgaria, Burkina Faso, Burundi, Cameroon, Canada, Cape Verde, Central African Republic, Chad, Chile, China, Colombia, Comoros, Congo, Costa Rica, Cuba, Cyprus, Czechoslovakia, Democratic People’s Republic of Korea, Denmark, Djibouti, Ecuador, Egypt, Estonia, Ethiopia, Fiji, Finland, France, Gabon, Gambia, Germany, Ghana, Greece, Granada, Guatemala, Guinea, Guinea-Bissau, Guyana, Haiti, Honduras, Hungary, Iceland, India, Indonesia, Iran, Iraq, Ireland, Italy, Jamaica, Japan, Jordan, Kenya, Kuwait, Lao People’s Democratic Republic, Latvia, Lebanon, Lesotho, Liberia, Libyan Arab Jamahiriya, Liechtenstein, Lithuania, Luxembourg, Madagascar, Malawi, Malaysia, Maldives, Mali, Malta, Marshall Islands, Mauritania, Mauritius, Mexico, Micronesia, Mongolia, Morocco, Mozambique, Myanmar, Namibia, Nepal, Netherlands, New Zealand, Nicaragua, Niger, Nigeria, Norway, Oman, Pakistan, Panama, Papua New Guinea, Paraguay, Peru, Philippines, Poland, Portugal, Qatar, Republic of Korea, Romania, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Samoa, Sao Tome and Principe, Saudi Arabia, Senegal, Seychelles, Sierra Leone, Singapore, Solomon Islands, Somalia, Spain, Sri Lanka, Sudan, Suriname, Swaziland, Sweden, Syrian Arab Republic, Thailand, Togo, Trinidad and Tobago, Tunisia, Turkey, Uganda, Ukraine, United Arab Emirates, United Kingdom, United Republic of Tanzania, Uruguay, Vanuatu, Venezuela, Viet Nam, Yemen, Yugoslavia, Zambia, Zimbabwe.

Against: Israel.

Abstaining: Dominica, USSR, United States.

In resolution 46/199, the Assembly recognized that the continuing establishment of settlements, which it deplored and termed unlawful and without legal effect, their ongoing enlargement and the settlement of new immigrants had adverse consequences for the economic and social development of the territories' Arab population.

Living conditions of Palestinians

Report of the Secretary-General. In accordance with a General Assembly request of 1989,(43) the Secretary-General submitted in June 1991 a report on the living conditions of the Palestinian people in the occupied territory.(44) The report offered an outline for a three-part study of the problems and prospects of the Palestinian economy and its potentials in various sectors. The first part was an assessment of the economic and social situation in the occupied territory, while part two examined prospects for the development of various economic sectors. Based on the results of the conclusions reached, the study would then try to formulate a consolidated substantive framework for the growth and development of the Palestinian economy into the year 2000, outlining strategy guidelines and options for action at various levels.

The Secretary-General reported that, in line with the work plan for preparation of the study, the secretariat of UNCTAD had embarked on a number of activities. Within the study's scope, a total of 25 sectors, subsectors and issues had been identified for in-depth investigation leading to the preparation of specific studies for which detailed outlines—corresponding to the three parts of the general outline of the overall intersectoral study—had been developed. The studies were to cover the following: population and demography; public administration; aggregate economic and social performance; labour, employment and human resources; money and banking; public finance; agriculture; manufacturing industries; mining and quarrying; energy resources and development needs; public utilities; housing and construction; Israeli settlements; merchandise trade; services; transport and communications; education system, public health conditions and services; social welfare services; women in development; international assistance; socio-economic statistics; water resources; dynamics of social change; and tourism and related activities.

Aside from 27 experts commissioned to prepare those studies, a team of senior development experts had been engaged to assist the UNCTAD secretariat in the evaluation and review of the individual studies and in investigating prospects for the future development of the occupied territories.

The outlines for the specific studies had also been brought to the attention of the relevant United Nations organizations, programmes and departments, including FAO, UNIDO, UNESCO, WHO, ILO, UNRWA, UNCHS and UNDP, as well as the United Nations Departments of International Economic and Social Affairs and of Technical Cooperation for Development, the Division for the Advancement of Women of the Centre for Social Development and Humanitarian Affairs and ESCWA. All had indicated their willingness to cooperate in the preparation of the intersectoral study; the majority of them had also provided UNCTAD with substantive contributions to the study. UNDP, through logistical support provided by its programme of assistance to the Palestinian people, offered to facilitate UNCTAD's task in undertaking the specific studies.

Similar contacts had been established with regional Arab and other organizations involved in providing assistance to the Palestinians, some of which also contributed financially.

UNCTAD also held consultations with government authorities in Egypt and Jordan and with representatives of Palestine, one of the objectives being to identify complementarities between the economies of the region and to investigate possibilities of exploiting and promoting such complementarities for the benefit of all concerned. The UNCTAD Secretary-General was in contact with Israel with a view to holding similar consultations.

Parallel to embarking on the preparation of the specific studies, UNCTAD intensified work on developing its database on the economy in the occupied territories and on developing a conceptual/analytical framework to provide technical guidelines for investigating future prospects in each of the economic and social fields where specific studies were being prepared. Upon completion of that framework and finalization of part one of the specific studies, a meeting of experts involved in those studies was to be convened to examine and adopt guidelines, thus providing a common basis for the further studies. The major findings emerging from the specific studies would be consolidated into a substantive frame of reference outlining immediate problems and needs, growth and development prospects, strategies and policy options. In view of the recent crisis in the region and the difficulties encountered in commencing the preparation of the intersectoral study, work on the project was expected to be completed during the first semester of 1992 with the final report and other related documentation appearing soon thereafter.


GENERAL ASSEMBLY ACTION

On 19 December, on the recommendation of the Second Committee, the General Assembly adopted resolution 46/162 by recorded vote.
Living conditions of the Palestinian people
in the occupies Palestinian territory

The General Assembly,

Recalling the Vancouver Declaration on Human Settlements, 1976, and the relevant recommendations for national action adopted by Habitat: United Nations Conference on Human Settlements,

Recalling also its resolution 44/174 of 19 December 1989,

Taking into account the intifadah of the Palestinian people against the Israeli occupation, including Israeli economic and social policies and practices,

Gravely alarmed by the continuation of the Israeli settlement policies in the Palestinian territory occupied by Israel since 1967, including Jerusalem, which have been declared illegal and a major obstacle to peace,

1. Takes note of the report annexed to the note by the Secretary-General;

2. Calls for the immediate cessation of the Israeli practices against the Palestinian people, particularly in the economic and social fields;

3. Expresses its alarm at the deterioration, as a result of the Israeli occupation, in the living conditions of the Palestinian people in the Palestinian territory, including Jerusalem, occupied since 1967;

4. Affirms that the Israeli occupation is contradictory to the basic requirements for the social and economic development of the Palestinian people in the occupied Palestinian territory;

5. Rejects the Israeli plans and actions intended to change the demographic composition of the occupied Palestinian territory, in particular the increase and expansion of the Israeli settlements;

6. Requests the Secretary-General to consider ways and means of improving the living conditions of the Palestinian people in the occupied Palestinian territory and pending the exercise of their right to self-determination, to plan for concerted economic and social actions by the United Nations system;

7. Also requests the Secretary-General to report to the General Assembly at its forty-eighth session, through the Economic and Social Council, on the progress made in the implementation of the present resolution.

General Assembly resolution 46/162
19 December 1991 Meeting 78 135-2-5 (recorded vote)

Approved by Second Committee (A/46/645/Add.8) by recorded vote (133-2-4), 11 December (meeting 58); 13-nation draft (A/C.2/46/L.58), orally revised, agenda item 77 (g).

Sponsors: Algeria, Bahrain, Egypt, Iraq, Jordan, Lebanon, Malaysia, Mauritania, Pakistan, Qatar, Tunisia, United Arab Emirates, Yemen.

Financial implications. 5th Committee, A/46/789: S-G, A/C.2/46/L.100, A/C.5/46/73.

Meeting numbers. GA 46th session: 2nd Committee 51, 58; 5th Committee 53; plenary 78.
Recorded vote in Assembly as follows:

In favour: Afghanistan, Albania, Algeria, Angola, Antigua and Barbuda, Argentina, Australia, Austria, Bahamas, Bahrain, Bangladesh, Barbados, Belgium, Belize, Benin, Bolivia, Botswana, Brazil, Brunei Darussalam, Bulgaria, Burkina Faso, Burundi, Cameroon, Cape Verde, Central African Republic, Chad, China, Colombia, Congo, Costa Rica, Cuba, Cyprus, Czechoslovakia, Denmark, Djibouti, Ecuador, Egypt, El Salvador, Ethiopia, Fiji, Finland, France, Germany, Ghana, Greece, Guatemala, Guinea, Guyana, Haiti, Honduras, Hungary, Iceland, India, Indonesia, Iran, Iraq, Ireland, Italy, Jamaica, Japan, Jordan, Kuwait, Lao People's Democratic Republic, Latvia, Lebanon, Lesotho, Libyan Arab Jamahiriya, Liechtenstein, Luxembourg, Madagascar, Malawi, Malaysia, Maldives, Mali, Malta, Marshall Islands, Mauritania, Mauritius, Mexico, Micronesia, Mongolia, Mozambique, Myanmar, Namibia, Nepal, Netherlands, New Zealand, Nicaragua, Niger, Nigeria, Norway, Oman, Pakistan, Panama, Papua New Guinea, Paraguay, Peru, Philippines, Poland, Portugal, Qatar, Republic of Korea, Romania, Saint Lucia, Samoa, Sao Tome and Principe, Saudi Arabia, Senegal, Seychelles, Sierra Leone, Singapore, Solomon Islands, Somalia, Spain, Sri Lanka, Sudan, Suriname, Swaziland, Sweden, Syrian Arab Republic, Thailand, Togo, Trinidad and Tobago, Tunisia, Turkey, Ukraine, United Arab Emirates, United Kingdom, United Republic of Tanzania, Uruguay, Venezuela, Viet Nam, Yemen, Yugoslavia, Zimbabwe.

Against: Israel, United States.

Abstaining: Belarus, Canada, Côte d’Ivoire, Dominica, USSR.


Israeli land and water practices

In accordance with requests of the Economic and Social Council, the most recent in 1990,(45) the Secretary-General submitted in June 1991(46) a report on Israeli land and water practices in the occupied territories, prepared by ESCWA.

The report stated that since occupying the West Bank, the Gaza Strip and the Golan Heights in June 1967, Israel had enacted a series of laws, regulations and decrees that allowed it to seize Arab land and property, as well as sources of water, including groundwater in the West Bank and the Gaza Strip and from the Jordan River. It had full control over 7,113 square kilometres of land (West Bank: 5,573 square kilometres; Gaza Strip: 360 square kilometres; Golan Heights: 1,180 square kilometres), with a population of 1.5 million according to a 1988 census, as well as over the water resources of the occupied territories. As a result of its 1982 invasion of Lebanon, Israel had gained complete control of the land and water resources of southern Lebanon, particularly in the lower Litani River basin.

Israel's land and water policies formed an integral part of its settlements policies, as the key mechanism for controlling the territories. The area of Arab land under irrigation had been reduced (110,000 and 120,000 square kilometres in the West Bank and Gaza, respectively, according to a 1990 ESCWA study), while irrigated areas in the Israeli settlements had been increased and those in Israel covered 1,850,000 square kilometres. Furthermore, restrictions were imposed on agricultural expansion and the use of water by the Palestinian inhabitants. Total annual water consumption in the West Bank and in Gaza was 125 million and 103 million cubic metres, respectively, compared to 1,770 million cubic metres in Israel; per capita water consumption was 139, 172 and 411 cubic metres, respectively. The Water Commission of the Israeli Ministry of Agriculture estimated that by the year 2000, Israel and the territories would be faced with an annual water supply deficit of 828 million cubic metres.

Conflict and competition over land and water resources continued to prevail, with an adverse impact on the Palestinians' living conditions; Israeli settlements in the Jordan valley, for example, competed directly with Arab villages for the limited resources. Of the usable groundwater reserves in the West Bank, estimated at about 600 million cubic metres per year, Israel was pumping approximately 500 million cubic metres for its use. Deep wells drilled by Israel in the territories affected the level and quantity of water in Arab wells, reducing their productive capacity and drying up some of them, which affected the agricultural land that depended on them for irrigation. Overexploitation of groundwater in the Gaza Strip and the great increase in water use by Israeli settlers also resulted in increased salinity through sea-water intrusion; approximately 50 per cent of the wells in Gaza had become unfit for human use and most of them unfit for irrigation.

In the Golan Heights, Israeli land and settlement policies had brought a constant increase in the population of Israeli settlers (41 per cent from June 1983 to December 1988, while the non-Israel population increased by 13.2 per cent). As in the West Bank and Gaza, Israel's practices aimed a confiscating land and gaining control of water resources reduced the area under cultivation, curtailed local development and lowered the level of income from agriculture. The sharing of limited agricultural and water resources with Israeli settlers aggravated the difficulties facing the Arab economy; the marketing of apples, the only export able product, had been subjected to restrictions and to competition from Israeli settlements.

Connected with the confiscation of Arab land was the uprooting of fruit trees; according to the Ministry of Labour in Jordan, the number of trees uprooted from Arab farms in 1989 by Israel was no less than 30,000, of which 16,928 were olive trees. The number of towns and villages affected was 138.

According to an UNCTAD study on recent economic developments in the occupied territory,(47) Israel's land and water policies had brought about radical changes in the territories' economic structure and had adversely affected economic growth and development. Agriculture remained the backbone of development, despite its declining contribution to the gross domestic product (from 32 per cent in 1978 to 28 per cent in 1984, in constant prices). Total cultivated area had decreased from 36 per cent in 1966 to 27 per cent in 1984 in the West Bank, and from 55 per cent in 1966 to 28 per cent in 1985 in the Gaza Strip. Confiscation of land had also adversely affected agricultural production. Income from agriculture declined from $237 million in 1981 to $204 million in 1985 in the West Bank and from $66 million to $61 million in the Gaza Strip.

A 1990 ILO report on the situation of workers of the occupied Arab territories came to similar conclusions: endogenous development efforts were frequently frustrated or undone for administrative or security reasons; agricultural performance was disappointing for lack of land, water and markets; despite increased productivity as a result of the introduction of new technologies, marketing opportunities were lacking, and agricultural employment dropped from almost 60,000 workers (40 per cent) in 1970 to 38,500 (25 per cent) in 1987.

The reduction in the number of job opportunities and the spread of unemployment had been among the adverse consequences of the confiscation of agricultural land, the Secretary-General's report said, and had led to an increase in the number of workers emigrating to Jordan and member countries of the Gulf Cooperation Council in search of livelihood.

The Economic and Social Council, by decision 1991/280 of 26 July, took note of the Secretary-General's report.

In September,(48) the Permanent Observer of Palestine to the United Nations called attention to reports that Israel was on the verge of drilling another water well in the Bethlehem area—the fifth such well for the residents of West Jerusalem—while almost no new permits were granted to Palestinians for the drilling of new wells. For Jewish settlers, 35 to 40 new wells had been drilled in the Gaza Strip and 25 in the West Bank.


GENERAL ASSEMBLY ACTION
On 20 December 1991, on the recommendation of the Second Committee, the General Assembly adopted resolution 46/199 by recorded vote.
Adverse economic effects of Israeli settlements in the
occupied Palestinian territory, including Jerusalem,
and other Arab territories occupied since 1967

The General Assembly,

Guided by the principles of the Charter of the United Nations and affirming the inadmissibility of the acquisition of territory by force, and Security Council resolutions 242(1967) of 22 November 1967 and 497(1981) of 17 December 1981,

Recalling Security Council resolution 465(1980) of 1 March 1980, General Assembly resolution 45/74 of 11 December 1990 and the other resolutions affirming the applicability of the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949, to the occupied Palestinian territory, including Jerusalem, and other Arab territories occupied by Israel since 1967,

Expressing its concern at the ongoing establishment by Israel, the occupying Power, of settlements in the occupied Palestinian territory and other Arab territories occupied since 1967, and the settlement of new immigrants therein,

1. Takes note of the report of the Secretary-General;

2. Deplores the establishment of settlements by Israel in the Palestinian territory, including Jerusalem, and the other Arab territories occupied since 1967, and regards those practices as unlawful and therefore without any legal effect;

3. Recognizes that the continuing establishment of settlements and their ongoing enlargement in the Palestinian territory and the other Arab territories occupied by Israel since 1967 and the settlement of new immigrants have adverse consequences for the economic and social development of the Arab population of those territories;

4. Strongly deplores Israel's practices in the occupied Palestinian territory and other Arab territories occupied since 1967, in particular its extensive confiscation of land, its diversion of water resources, its depletion of the natural and economic resources of the occupied territories and its displacement and deportation of the population of those territories;

5. Reaffirms the inalienable right of the Palestinian people and the population of the Syrian Golan to their natural and economic resources, and regards any infringement thereof as being without any legal validity;

6. Requests the Secretary-General to submit to the General Assembly at its forty-seventh session, through the Economic and Social Council, a report on the economic and social consequences of the establishment of settlements by Israel in the Palestinian territory, including Jerusalem, and the Syrian Golan.

General Assembly resolution 46/199
20 December 1991 Meeting 79 125-2-9 (recorded vote)

Approved by Second Committee (A/46/727) by recorded vote (112-2-17), 11 December (meeting 58); 20-nation draft (A/C.2/46/L.120): agenda item 12.

Sponsors: Algeria, Bahrain, Egypt, Iraq, Jordan, Lebanon, Libyan Arab Jamahiriya, Mauritania, Morocco, Pakistan, Qatar, Saudi Arabia, Somalia, Sudan, Syrian Arab Republic, Tunisia, United Arab Emirates, Viet Nam, Yemen, Zambia.

Meeting numbers. GA 46th session: 2nd Committee 13-16, 19-21, 26-29, 32, 38, 51, 56, 58; plenary 79.

Recorded vote in Assembly as follows:

In favour: Albania, Algeria, Angola, Antigua and Barbuda, Argentina, Australia, Austria, Bahamas, Bahrain, Bangladesh, Barbados, Belgium, Benin, Bolivia, Botswana, Brazil, Brunei Darussalam, Burkina Faso, Burundi, Cameroon, Cape Verde, Central African Republic, Chad, Chile, China, Colombia, Costa Rica, Cuba, Cyprus, Czechoslovakia, Denmark, Djibouti, Ecuador, Egypt, El Salvador, Ethiopia, Fiji, Finland, France, Gabon, Ghana, Greece, Guatemala, Guinea, Guinea-Bissau,, Guyana, Honduras, Hungary, Iceland, India, Indonesia, Iran, Iraq, Ireland, Italy, Jamaica, Japan, Jordan, Kuwait, Lao People’s Democratic Republic, Latvia, Lebanon, Lesotho, Liberia, Libyan Arab Jamahiriya, Liechtenstein, Lithuania. Luxembourg, Madagascar, Malawi, Malaysia, Maldives, Mali, Malta, Mexico, Micronesia, Mongolia, Morocco, Mozambique, Myanmar, Namibia, Nepal, New Zealand, Nicaragua, Niger, Nigeria, Norway, Oman, Pakistan, Panama, Philippines, Poland, Portugal, Qatar, Republic of Korea, Saint Lucia, Samoa, Sao Tome and Principe, Saudi Arabia, Senegal, Singapore, Solomon Islands, Somalia, Spain, Sri Lanka, Suriname, Swaziland, Sweden, Syrian Arab Republic, Thailand, Togo, Trinidad and Tobago, Tunisia, Turkey, Uganda, Ukraine, USSR, United Arab Emirates, United Republic of Tanzania, Venezuela, Viet Nam, Yemen, Yugoslavia, Zambia, Zimbabwe.

Against: Israel, United States.

Abstaining: Bulgaria, Canada, Côte d’Ivoire, Germany, Kenya, Netherlands, Romania, United Kingdom, Uruguay.

*Later advised the Secretariat it had intended to abstain.


The adopted text had been prepared on the basis of informal consultations on a draft resolution(49) which had originally been considered by the Economic and Social Council.(50) In view of the special importance of the subject and time constraints, the Council, by decision 1991/279 of 26 July, referred the text to the Assembly for consideration.
REFERENCES

(1)SC res. 672(1990), 12 Oct. 1990. (2)S/21919 & Corr.1 & Add.1-3. (3)SC res. 673(1990), 24 Oct. 1990. (4)SC res. 681(1990), 20 Dec. 1990. (5)A/46/65, A/46/282, A/46/522. (6)S/22472. (7)A/46/521. (8)GA res. 45/74 A, 11 Dec. 1990. (9)S/22045. (10)A/45/910-S/22037. (11)A/45/911-S/22040. (12)S/22046. (13)S/22053. (14)S/22402. (15)S/22408. (16)S/22634. (17)S/22640. (18)S/22378. (19)A/46/440. (20)GA res. 45/74 B, 11 Dec. 1990. (21)A/46/442. (22)GA res. 45/74 D, 11 Dec. 1990. (23)A/46/60-S/22054. (24)A/45/984-S/22383. (25)A/45/985-S/22388. (26)A/45/1015-S/22626. (27)A/46/181-S/22621. (28)A/46/443. (29)GA res. 45/74 E, 11 Dec. 1990. (30)A/46/445. (31)GA res. 45/74 G, 11 Dec. 1990. (32)A/46/475. (33)A/46/444. (34)GA res. 45/74 F, 11 Dec 1990. (35)A/45/1012-S/22585. (36)A/46/207-S/22654. (37)A/46/644-S/23211. (38)A/46/776-S/23288. (39)A/46/788-S/23291. (40)S/22724. (41)A/46/441. (42)GA res. 45/74 C, 11 Dec. 1990. (43)GA res. 44/174, 19 Dec. 1989. (44)A/46/262-E/1991/95. (45)ESC res. 1990/53, 24 July 1990. (46)A/46/263-E/1991/88. (47)TD/B/1142. (48)A/46/488-S/23056. (49)A/C.2/46/L.8 & Corr.1. (50)E/1991/L.36.


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Palestine refugee
_________________


In 1991, the number of Palestine refugees to whom the United Nations Relief and Works Agency for Palestine Refugees in the Near East—with a staff of 18,500, mainly teachers and health workers—provided education, health, relief and social services, and general assistance through a network of 632 schools, 104 health centres and points, and numerous other installations, had grown to slightly over 2.5 million. The environment in which UNRWA delivered those services was particularly difficult in the West Bank and Gaza Strip due to the continuing uprising, or intifadah, and in Lebanon which emerged slowly from a long civil war. The hostilities in the Persian Gulf (see PART TWO, Chapter III) also affected the refugees as well as UNRWA in a number of ways.

UNRWA activities and various aspects of the Palestine refugee problem were addressed by the General Assembly, which in December adopted 11 resolutions on: assistance to Palestine refugees (46/46 A) and to displaced persons (46/46 C); the Working Group on the Financing of UNRWA (46/46 B); scholarships for higher education and vocational training (46/46 D); refugees in Israeli-occupied territory (46/46 E); resumption of ration distribution to Palestine refugees (46/46 F); return of refugees displaced since 1967 (46/46 G); revenues from refugees' properties (46/46 H); refugee protection (46/46 I); proposed University of Jerusalem for Palestine refugees (46/46 J); and protection of Palestinian students and educational institutions and safeguarding of UNRWA facilities (46/46 K).

UN Agency for Palestine refugees

As at 30 June 1991, Palestine refugees registered with UNRWA numbered 2,519,000, living in and outside camps in five areas of operation: the Israeli-occupied West Bank and Gaza Strip, Jordan, Lebanon and the Syrian Arab Republic.

The events in the region considerably affected the Agency's work between 1 July 1990 and 30 June 1991, the period covered by the UNRWA Commissioner-General's report.(1) In the months following the Iraqi invasion of Kuwait on 2 August 1990, UNRWA was part of the international efforts to provide emergency assistance to the hundreds of thousands who fled into Jordan. Between August 1990 and March 1991, approximately 250,000 persons holding Jordanian passports arrived in Jordan, the majority of whom were of Palestinian origin and many of whom were registered refugees. UNRWA assisted in supplying food and establishing sanitary facilities and provided health teams.

After the outbreak of the hostilities in the Persian Gulf, UNRWA also took emergency measures to alleviate the suffering caused by the imposition of a lengthy comprehensive curfew on the West Bank and Gaza Strip, by distributing food to the entire refugee population as well as needy non-refugees, i.e., approximately 135,000 families in Gaza and 160,000 in the West Bank. In the aftermath of the hostilities, UNRWA had to respond to the sharp deterioration of the socio-economic conditions of the Palestinians, especially in the occupied territory, by expanding the scope and volume of its existing income-generating activities, embarking on a programme of investment in small and medium-sized enterprises and related economic infrastructure and stepping up job creation through its own construction programmes. It planned to introduce new courses in its vocational training centres and to strengthen existing ones, to help intensify skills training, job creation and income-generation. With the intifadah continuing, almost 14,000 Palestinians in the West Bank and Gaza sought emergency medical attention in the local hospitals and UNRWA health centres, suffering from beatings, tear-gas inhalation and rubber-bullet or live ammunition wounds. In 1991, UNRWA's combined regular and emergency budget for the occupied territory was $135 million.

The hostilities in the Persian Gulf had severe effects on Jordan, with hundreds of thousands of evacuees, many of them Palestinian, flowing into the country from Kuwait, Iraq and other Persian Gulf States. UNRWA assisted extensively in the provision of aid and expertise during the evacuation process. The demand for material assistance continued to increase as more people fell below the poverty line. By the end of the reporting period, approximately 31,000 refugees (i.e., 3.25 per cent of the refugee population) were registered in the special hardship assistance programme. Substantially larger funding was provided for repair or reconstruction of the shelters of special hardship families. Approximately 2,500 eligible Palestine refugee children returning to Jordan from Gulf countries were accommodated in UNRWA schools there.

In addition, UNRWA was taking steps to assess the needs of the Palestinians remaining in Kuwait.

The improving security situation in Lebanon and the process of re-establishing government authority and order allowed UNRWA to exercise a greater degree of control over its operations there. After 15 years of civil war, UNRWA was taking steps to assess and address the problem of children's education which had suffered to a great extent. Among other pressing issues facing UNRWA in Lebanon was high unemployment and the need to find homes for up to 7,000 Palestinian squatter families likely to be displaced by the return of property owners.

In Lebanon, too, the hostilities in the Persian Gulf added to an already difficult socio-economic situation. Emergency distribution of food aid continued to segments of the refugee population, including in the special hardship assistance programme, representing 13.13 per cent of the refugee population.

In the Syrian Arab Republic, UNRWA operations ran comparatively smoothly. An agreement reached with the Government on home visits to refugees by UNRWA social workers resulted in substantial benefits in the relief and social services programme. Affecting the Agency's activities was the fact that many school buildings were inadequate or dilapidated and a substantial amount of construction was required to bring them up to an acceptable standard. Discussions were continuing with the Government on the status of Jaramana camp where construction of an airport road and a new municipal sewage line was being planned.

Primary health care services were provided to about 253,000 Palestine refugees through a network of 22 health centres, 10 laboratories, 7 dental clinics, 1 specialist clinic and 19 diabetes clinics. In addition, medical teams were temporarily deployed during the hostilities in the Persian Gulf in two emergency camps near the border with Iraq.

A new health care centre at Lattakia and a mother and child health centre at Yarmouk were constructed and started operating. Contractual agreements with eight private hospitals where UNRWA subsidized beds at official government rates were maintained at revised higher rates.

During the year under review, education—general education, vocational, technical and teacher training, and university scholarships for higher education—remained the Agency's largest programme. It followed the curricula of the host Governments and was operated with UNESCO technical assistance. In spite of unusually difficult circumstances, the programme continued to provide basic services and accommodated approximately 3,500 new Palestine refugee pupils who were forced to flee from some Persian Gulf countries. Extrabudgetary contributions permitted the continuation of a construction programme to replace dilapidated or inadequate school premises, although construction could not keep pace with need. New semi-professional courses in physiotherapy, computer science and electronics were introduced at UNRWA training centres. Over 365,000 children in grades 1-9 (1-10 in Lebanon) were served, as were over 5,100 young adults who were trained in vocational trades, technical and semi-professional fields, or as school teachers. In addition, over 640 students were awarded university scholarships.

A lack of adequate classrooms necessitated the scheduling of more than 77.5 per cent of general education classes in double shifts. Budgetary resources for school construction were used in 1990/91 to avoid triple shifting, as well as to prevent overcrowding and to replace inadequate premises. In the West Bank and Gaza, many construction projects were held up in prolonged review by the occupation authorities. At the same time, pupils there sustained a significant loss of school time for the fourth year in a row. By the end of June 1991, over 40 per cent of school days had been lost, owing to curfews, disturbances, military closures and strikes. Through Agency negotiations with the occupation authorities, the school year in the West Bank and Gaza was extended to the end of June, which provided only partial compensation. Interruptions also affected the territory's four vocational and teacher training centres which were closed for most of January and February 1991 during the general curfew.

To help counter the loss of educational services, UNRWA staff developed and produced self-learning materials and audiovisual aids that were distributed to students. Necessitated by comprehensive reforms in the education system of Jordan, plans were developed for substantial improvements of UNRWA's general education programme in Jordan and the West Bank, including the addition of a tenth year, the hiring of additional teachers and the upgrading of teachers' qualifications.

UNRWA's health programme—the main objective of which was to meet basic health needs of the refugee population—provided primary health care in the form of medical care services, health protection and promotion services, environmental health services in camps, and nutrition and supplementary feeding to vulnerable population groups. The demand on UNRWA's health care services continued to be high in all fields owing to rapid inflation, increased costs of medical care and worsening socio-economic conditions.

To find solutions to the operational and managerial difficulties encountered in health care centres, UNRWA further expanded the application of patient-flow analysis in coordination with WHO and the Centers for Disease Control (Atlanta, United States), in order to improve staff utilization and reorganize general clinic and maternal and child health services. It developed new strategies for the control of non-communicable diseases and management of nutritional disorders, including a programme for control of diabetes mellitus in coordination with WHO, a programme for management of iron-deficiency anaemia among children and women and of growth retardation in children. Arrangements were made to ensure implementation of the new strategies beginning in 1991, including provision of necessary laboratory support and essential supplies.

In collaboration with WHO's Global Programme on AIDS, an assessment of blood transfusion services in non-governmental hospitals in the West Bank and Gaza was carried out and a short-term plan of action for HIV/AIDS prevention and control was developed. Subsequently, WHO provided funds for implementing that plan, with special emphasis on epidemiological surveillance, staff training and improved blood safety measures. Implementation started with the provision of supplies of HIV rapid test kits to non-governmental hospitals and the training of blood technologists. In view of the noticeable increase in mental health disorders among Palestinians, especially children, two modest mental health projects were started, one in coordination with the Community Mental Health Programme, Gaza, and another in coordination with WHO in the West Bank.

One of UNRWA's major achievements during the reporting period was the progress attained in upgrading the capacity of the emergency medical care system at the primary level in Gaza and the West Bank by training health personnel and by providing emergency kits for basic life support and cardio-pulmonary resuscitation, as well as ambulances and surgical equipment to all UNRWA health centres. Those improvements, which were based on recommendations of a WHO team that carried out a needs assessment in 1989, enabled the health care system to cope with the heavy casualty toll, stabilization of cases prior to evacuation to hospitals and resuscitation of seriously wounded persons.

WHO also reassessed UNRWA's oral health programme in all five areas in April and May 1991, to review progress achieved since 1986; dental care services were expanded through additional teams, equipment and mobile units.

UNRWA attempted to bring the level of water supply, liquid waste disposal and general sanitation in camps, especially in Gaza, the West Bank and Lebanon, nearer to international standards. Although its plans to integrate camp environmental health infrastructure with municipal systems continued to be hampered by lack of comprehensive technical planning and coordination, as well as by inadequate funding, some progress was made.

In the light of the findings of a nutrition survey conducted during May and June 1990 in coordination with WHO and the Centers for Disease Control, the high-cost, low-impact midday meal programme for preschool and school children was replaced by a dry ration programme; the savings achieved as a result of reduced operating costs were allocated to other pressing primary health care Improvements, with special emphasis on implementation of the newly introduced health strategies and construction and expansion of additional health facilities.

Increasingly heavy demands were placed on UNRWA as a result of the hostilities in the Persian Gulf, particularly in the occupied territories UNRWA’s relief and social services programme continued to support and to facilitate the self-reliance of those Palestine refugees who suffered the greatest socio-economic disadvantages. Direct material and financial aid was provided to those refugee families without a male adult medically fit to earn an income and without other identifiable means of financial support. In emergencies, this aid was extended to affected refugee and non-refugee communities, as a temporary relief measure. Some 7.5 per cent of the refugee population Agency-wide received assistance under the special hardship programme; the percentage was the highest in Gaza and Lebanon (approximately 13 per cent) and the lowest in Jordan (3.25 per cent). The special hardship programme was to assist the most needy families by assuring minimum standards of nutrition, shelter and clothing, and with cash grants in the case of a particular family crisis. The value of the aid was about $120 per person annually, most of it as donations in kind.

At the same time as providing direct relief, UNRWA promoted initiatives aimed at longer-term improvement of the social and economic status of disadvantaged refugees and their communities, without prejudice to their rights recognized by the General Assembly to return to their homes or receive compensation for their losses, and within the constraints imposed by political circumstances. The key component of the programme was income-generation and related skill-training for disadvantaged refugees, including women, young people and the disabled. It was decided in early 1991 that UNRWA should expand its income-generating activities in both scope and volume through a wider-ranging programme of investment in small and medium-sized enterprises, related economic infrastructure and technical assistance to create employment for Palestinians, principally in the West Bank, Gaza and Jordan, but also in Lebanon and the Syrian Arab Republic. A fund-raising campaign was launched to that end.

Mindful of the fact that the growth of the Palestine refugee population and their basic social and economic needs had to be anticipated and planned for in a more systematic fashion, UNRWA was developing more comprehensive information on the size and population growth rates of the registered refugees, estimating longer-range requirements for services and installations, including the replacement of ageing facilities, environmental infrastructure and staffing needs.

The overall growth rate of the Palestine refugee population registered with UNRWA was about 3 per cent per year, among the highest in the world. Of particular concern to the Agency was the estimated growth rate of 3.5 to 4 per cent among registered refugees in Gaza, which was already struggling with extremely overcrowded conditions in the camps. At such a rate of growth, the refugee population in Gaza was expected to double in less than 20 years. The registered refugee population in the West Bank was also growing rapidly, at rates slightly above 3 per cent annually, producing even more pressure to provide employment for new workers. Similar problems could be anticipated in other fields of UNRWA operations, the Commissioner-General stated. Combined with the effects of the Persian Gulf hostilities, those demographic realities made it clear that UNRWA's current level of services could not be maintained, far less improved, without increased contributions.

On 4 March 1991, Ilter Türkmen (Turkey) assumed the post of UNRWA Commissioner-General, replacing Giorgio Giacomelli (Italy) who had served in that capacity since November 1985.

From 3 to 7 January 1991, Guido de Marco (Malta), President of the forty-fifth session of the General Assembly, visited Palestine refugee camps in Gaza, the West Bank and Jordan, accompanied by the UNRWA Commissioner-General. He was the first Assembly President ever to visit such camps. He also met with high-level Israeli officials to discuss the question of Palestine refugees. At a press conference at Amman on 7 January, the President described the state of tension in the occupied territories as a powder keg and urged implementation of United Nations resolutions calling for an international peace conference on the Middle East to defuse it. He also called on Member States to increase their financial support for UNRWA. A comprehensive report on the visit was transmitted to the Secretary-General by the Chairman of the Committee on Palestinian rights.(2)


GENERAL ASSEMBLY ACTION

On 9 December 1991, on the recommendation of the Special Political Committee, the General Assembly adopted resolution 46/46 A by recorded vote.
Assistance to Palestine refugees

The General Assembly,

Recalling its resolution 45/73 A of 11 December 1990 and all its previous resolutions on the question, including resolution 194(III) of 11 December 1948,

Taking note of the report of the Commissioner-General of the United Nations Relief and Works Agency for Palestine Refugees in the Near East, covering the period from 1 July 1990 to 30 June 1991,

1. Notes with deep regard that repatriation or compensation of the refugees as provided for in paragraph 11 of General Assembly resolution 194(III) has not been effected, that no substantial progress has been made in the programme endorsed by the Assembly in paragraph 2 of its resolution 513(VI) of 26 January 1952 for the reintegration of refugees either by repatriation or resettlement and that, therefore, the situation of the refugees continues to be a matter of serious concern;

2. Expresses its thanks to the Commissioner-General and to all the staff of the United Nations Relief and Works Agency for Palestine Refugees in the Near East, recognizing that the Agency is doing all it can within the limits of available resources, and also expresses its thanks to the specialized agencies and private organizations for their valuable work in assisting the refugees;

3. Reiterates its request that the headquarters of the Agency should be relocated to its former site within its area of operations as soon as practicable;

4. Notes with regret that the United Nations Conciliation Commission for Palestine has been unable to find a means of achieving progress in the implementation of paragraph 11 of General Assembly resolution 194(III), and requests the Commission to exert continued efforts towards the implementation of that paragraph and to report to the Assembly as appropriate, but no later than 1 September 1992;

5. Directs attention to the continuing seriousness of the financial position of the Agency, as outlined in the report of the Commissioner-General;

6. Notes with profound concern that, despite the commendable and successful efforts of the Commissioner-General to collect additional contributions, this increased level of income to the Agency is still insufficient to cover essential budget requirements in the present year and that at currently foreseen levels of giving, deficits will recur each year;

7. Calls upon all Governments, as a matter of urgency, to make the most generous efforts possible to meet the anticipated needs of the Agency, particularly in the light of the budgetary deficit projected in the report of the Commissioner-General, and therefore urges non-contributing Governments to contribute regularly and contributing Governments to consider increasing their regular contributions.

General Assembly resolution 46/46 A
9 December 1991 Meeting 66 137-0-1 (recorded vote)

Approved by Special Political Committee (A/46/638) by recorded vote (119-0-1), 20 November (meeting 25); draft by United States (A/SPC/46/L.12); agenda item 72.

Meeting numbers. GA 46th session: SPC 22-25; plenary 66.

Recorded vote in Assembly as follows:
In favour: Afghanistan, Albania, Algeria, Argentina, Australia, Austria, Bahamas, Bahrain, Bangladesh, Barbados, Belgium, Belize, Bhutan, Bolivia, Botswana, Brazil, Brunei Darussalam, Bulgaria, Cameroon, Canada, Cape Verde, Central African Republic, Chad, Chile, China, Colombia, Comoros, Congo, Costa Rica, Côte d’Ivoire, Cuba, Czechoslovakia, Democratic People's Republic of Korea, Denmark, Djibouti, Ecuador, Egypt, Estonia, Ethiopia, Fiji, Finland, France, Gabon, Gambia, Germany, Greece, Guatemala, Guinea, Guyana, Honduras, Hungary, Iceland, Indonesia, Iran, Iraq, Ireland, Italy, Jamaica, Japan, Jordan, Kuwait, Lao People's Democratic Republic, Lebanon, Lesotho, Liberia, Libyan Arab Jamahiriya, Liechtenstein, Lithuania, Luxembourg, Madagascar, Malawi, Malaysia, Maldives, Mali, Malta, Marshall Islands, Mauritania, Mauritius, Mexico, Micronesia, Mongolia, Morocco, Myanmar, Namibia, Nepal, Netherlands, New Zealand, Nicaragua, Niger, Nigeria, Norway, Oman, Pakistan, Papua New Guinea, Paraguay, Peru, Philippines, Poland, Portugal, Qatar, Republic of Korea, Romania, Saint Lucia, Saint Vincent and the Grenadines, Samoa, Sao Tome and Principe, Saudi Arabia, Senegal, Seychelles, Sierra Leone, Singapore, Solomon Islands, Spain, Sri Lanka, Sudan, Suriname, Swaziland, Sweden, Syrian Arab Republic, Thailand, Togo, Trinidad and Tobago, Tunisia, Turkey, Ukraine, USSR, United Arab Emirates, United Kingdom, United States, Uruguay, Vanuatu, Venezuela, Viet Nam, Yemen, Yugoslavia, Zambia, Zimbabwe.

Against: None.

Abstaining: Israel.


UNRWA financing

The Commissioner-General, in his report to the General Assembly,(1) stated that UNRWA was in relatively healthy financial condition in 1991; there was, however, no room for complacency since events in the Middle East and elsewhere seemed likely to generate claims to limited donor funds in 1992 and beyond. In that regard, it was disappointing that UNRWA's efforts received significant financial support mainly from one section of the international community. Broadening the Agency's base was therefore a major priority.

In 1991, a total of $240,910,000 ($215,216,000 in cash and $25,694,000 in kind) was received under UNRWA's General Fund. In addition, $18,990,000 was received for ongoing activities. Expenditures for the year totalled $231,700,221 under the General Fund, plus $21,122,328 for ongoing activities. For 1992-1993, the Commissioner-General estimated expenditures under the General Fund at $513 million (including $42.4 million in food and services donations), which was an increase of $60.1 million, or 13.3 per cent, over the approved General Fund budget for 1991.

A significant change was to be made in 1992 to UNRWA's financial and budgetary procedures, when the Agency would move to a biennial budgetary cycle in order to reduce the workload, bring UNRWA in line with most of the United Nations system and facilitate planning and efficient use of resources.

It was also decided to give more attention to longer-range strategic planning and reviews of refugee population growth and related requirements, to help project future financial needs and priorities.


Working Group on UNRWA financing

The Working Group on the Financing of UNRWA held three meetings in 1991, on 12 September, 18 October and 7 November.

In its report to the General Assembly,(3) the Working Group noted that UNRWA had received sufficient funding to deliver the essential parts of its programmes in 1990. There were indications that it would be able to do so again in 1991, although the construction budget was showing a shortfall of about $4.5 million for 1991.

For the base programme of extraordinary measures in Lebanon and the occupied territory (EMLOT), funded from special contributions, sufficient contributions had been received during the first half of 1991 to secure the programme's funding at its current annual cash level of some $17 million, which financed additional medical and relief services, as well as other forms of general assistance, in Lebanon, the West Bank and Gaza. The fund for the expanded programme of assistance (EPA), established in 1988 to finance a $65 million programme of infrastructural improvements, especially in the camps, had received contributions and pledges of $36 million. Cash contributions to the Gaza Hospital Fund, established in 1990 to finance construction, equipping and the first three years' running costs of a badly needed 200-bed general hospital, were currently estimated at some $3.5 million, although discussions with a major donor indicated that the total construction costs would soon be funded, leaving a shortfall in the order of $20 million.

With the intifadah continuing and socio-economic conditions worsening, it appeared certain that services under the EMLOT programme would continue to be needed beyond 1991. The cash portion of the 1992 EMLOT budget, excluding in-kind food for displaced and needy refugees, was estimated at $15 million minimum. Additional funding might have to be sought for small-scale income-generating projects not only in the occupied territory but also in the other fields of operation. EPA and the Gaza Hospital Fund remained undersubscribed. Summing up UNRWA's needs, the Working Group said that, in addition to contributions needed to finance the Agency's regular budget of $263 million for the General Fund and funded ongoing activities, as well as the $14 million under the regular budget for capital and special projects, the following amounts were required: about $15 million in cash for EMLOT; a further $30 million to complete funding of the original EPA, which was to include an as yet undetermined amount for income-generation projects in all five fields; and $20 million remaining to be secured for the Gaza Hospital Fund.

Commending the current Commissioner-General and his predecessor for their fund-raising efforts, the Working Group shared his concern about the funding prospects for 1992. UNRWA's regular programme expenditure was once again expected to increase by 5 per cent in order to meet a growing number of beneficiaries, especially schoolchildren, and to cover unavoidable increases in prices and staff salaries. It seemed inevitable that an increase in contributions was necessary to cover expected regular programme expenditure. The Working Group was particularly concerned at the state of funding for the emergency-related programmes financed under EMLOT, EPA and the Gaza Hospital Fund, which were vital to the well-being of the refugee population and others in need in Lebanon, the West Bank and Gaza; their discontinuance or any reduction could have disturbing humanitarian and political consequences. The Working Group also noted the additional needs of the refugees resulting from the deteriorating socio-economic conditions in the aftermath of the hostilities in the Persian Gulf and commended UNRWA for its response as well as for the measures it planned to meet those needs. Inevitably, those new initiatives would place an even greater burden on resources and would require special fund-raising efforts and generous responses from the international community.

The Working Group strongly urged that Governments that did not contribute to UNRWA start doing so; those that had contributed only relatively small amounts increase their contributions; those that had contributed generously continue to do so and strive to increase their contributions; and Governments consider making special contributions in support of the emergency-related programmes and construction projects that would not affect their contributions to the regular programmes.

The Working Group also suggested that consideration be given to holding an International Information Day on UNRWA to make the Agency better known, with the aim of broadening its base of financial support. Noting that the burden of supporting UNRWA continued to be borne by relatively few countries, the Working Group emphasized the need to make special efforts to broaden the financial support base and suggested that the wealthier Governments in the region be encouraged to increase their contributions.


GENERAL ASSEMBLY ACTION

On 9 December, on the recommendation of the Special Political Committee, the General Assembly adopted resolution 46/46 B without vote.
Working Group on the Financing of the
United Nations Relief and Works Agency for
Palestine Refugees in the Near East

The General Assembly,

Recalling its resolutions 2656(XXV) of 7 December 1970, 2728(XXV) of 15 December 1970, 2791(XXVI) of 6 December 1971, 45/73 B of 11 December 1990 and the previous resolutions on this question,

Recalling also its decision 36/462 of 16 March 1982 whereby it took note of the special report of the Working Group on the Financing of the United Nations Relief and Works Agency for Palestine Refugees in the Near East and adopted the recommendations contained therein,

Having considered the report of the Working Group,

Taking into account the report of the Commissioner-General of the United Nations Relief and Works Agency for Palestine Refugees in the Near East, covering the period from 1 July 1990 to 30 June 1991,

Deeply concerned about the critical financial situation of the Agency, which has affected and affects the continuation of the provision of the necessary Agency services to the Palestine refugees, including the emergency-related programmes,

Emphasizing the continuing need for extraordinary efforts in order to maintain, at least at the present minimum level, the activities of the Agency, as well as to enable the Agency to carry out essential construction,

1. Commends the Working Group on the Financing of the United Nations Relief and Works Agency for Palestine Refugees in the Near East for its efforts to assist in ensuring the financial security of the Agency;

2. Takes note with approval of the report of the Working Group;

3. Requests the Working Group to continue its efforts, in cooperation with the Secretary-General and the Commissioner-General, for the financing of the Agency for a further period of one year;

4. Requests the Secretary-General to provide the necessary services and assistance to the Working Group for the conduct of its work.

General Assembly resolution 46/46 B
9 December 1991 Meeting 66 Adopted without vote

Approved by Special Political Committee (A/46/638) without vote, 20 November (meeting 25); 15-nation draft (A/SPC/46/L.13); agenda item 72.

Sponsors: Austria, Bangladesh, Canada, Denmark, Germany, Indonesia, Malaysia, Netherlands, New Zealand, Pakistan, Philippines, Spain, Sweden, Turkey, Yugoslavia.

Meeting numbers. GA 46th session: SPC 22-25; plenary 66.


Accounts for 1990

Following the audit of the UNRWA financial statements for the year ended 31 December 1990, the Board of Auditors made several recommendations,(4) summarized also in a July 1991 note of the Secretary-General.(5) ACABQ commented on the Board's report in October.(6)

The General Assembly, by resolution 46/183, accepted the financial report and audited financial statements of UNRWA and the Board's audit opinions and report on them, and requested that the Commissioner-General report in 1992 on steps taken to implement the Board's recommendations.


Legal matters

UNRWA staff

The number of staff arrested and detained without charge or trial decreased marginally between 1 July 1990 and 30 June 1991, but still remained at a high level. Of a total of 160 staff members arrested and detained, 110 were released without charge or trial, 7 were charged, tried and sentenced, and 43 were still in detention.

The Agency remained unable to obtain adequate and timely information on the reasons for the arrest and detention of its staff members. In the absence of such information, it could not be ascertained whether the staff member's official functions were involved.

The treatment of staff members in detention continued to cause concern. Staff were subjected to beatings and various other forms of physical abuse. In several cases, staff members encountered rough treatment at the hands of local authorities in the course of their official duties. In the Gaza Strip alone, 132 instances of mistreatment of UNRWA staff were recorded during the reporting year.

UNRWA also continued to experience difficulties in visiting detained staff members, but gained limited access to 12 members from the West Bank held in prisons and detention centres, including eight in detention centres in Israel. It also had access to 20 detained staff members from the Gaza Strip, including staff at a detention centre in Israel, but was not allowed access to detained staff in other fields.

UNRWA continued to encounter difficulties in the movement of staff in and out of the West Bank and Gaza Strip. There were substantial delays in the clearance of staff for travel, which was refused in some cases. The movement of staff within the occupied territory was again seriously affected by frequent curfews and the designation of areas as closed military zones. Israel continued to insist that local staff could move during curfews only if they had permits issued by the civil administration. Delays in the issue or renewal of the permits meant that UNRWA's operations were impeded, in particular during the lengthy curfews imposed in January 1991 during the hostilities in the Persian Gulf. Restrictions on access to Israel and East Jerusalem imposed by the authorities on residents of the West Bank and the Gaza Strip also resulted in delay and impediment to staff members' free movement.


UNRWA services and premises

As reported by the Commissioner-General, during the period from 1 July 1990 to 30 June 1991, there were 251 incursions into UNRWA installations by members of the Israeli security forces in the West Bank and 367 such incursions in the Gaza Strip. At times those involved both injury to staff members and damage to Agency property. UNRWA recorded 201 incidents in which health clinic premises were entered, including 153 in the Gaza Strip alone.

Of particular concern were incidents in which health centres were forcibly closed, or UNRWA ambulance services interfered with and sometimes prevented from operating. For example, the 24-hour emergency service provided at UNRWA clinics upon commencement of the hostilities in the Persian Gulf was substantially impeded by Israeli security forces at Tulkarm camp in the West Bank, where the clinic was prevented from functioning effectively except in the morning; there were occasions on which UNRWA ambulances were shot at and others prevented from transporting patients to clinics and hospitals.

The demolition of houses and camp shelters for punitive reasons continued. In refugee camps in the West Bank, Israel demolished 18 rooms in 10 shelters, affecting 10 families totalling 40 persons, and sealed a further 29 rooms, affecting 9 families of a total of 80 persons. Some 43 additional dwellings outside the camps were also demolished. In the Gaza Strip, the most serious incident occurred at Bureij camp; in September 1990, following the killing in the camp of an Israeli soldier, 63 rooms in shelters housing 39 families and a total of 33 shops were demolished, either for punitive reasons or for the stated ground of road-widening. A further 46 rooms in 10 shelters housing 23 families were sealed for punitive reasons. In addition Israel demolished 114 rooms in 29 shelters, affecting 64 families totalling 379 persons. A further 34 rooms in camps were sealed, affecting 17 families or some 108 persons. UNRWA protested those actions as being incompatible with articles 33 and 53 of the fourth Geneva Convention. Israel continued to object to the reconstruction of demolished shelters in camps, despite earlier assurances by its Ministry of Foreign Affairs that no such objections would be raised.

Israel continued to insist that UNRWA construction be subjected to newly instituted and detailed building regulations. A considerable amount of much-needed construction, particularly in the Gaza Strip, was blocked for that reason or subjected to lengthy delays. The Agency expressed its willingness to engage in appropriate consultation and coordination of its construction activities.

There were substantial delays during the year in clearing through Israeli ports a large number of items urgently needed for UNRWA's official use although the items were eventually cleared, some of them had meanwhile been sold off by the Israeli authorities. UNRWA was claiming compensation.

Since Israel's announcement in duly 1988 that owing to temporary budgetary constraints, it could not pay clearance, warehousing and transport charges due to UNRWA under the Comay-Michelmore Agreement of 1967, the Agency continued to advance such sums, on the understanding that this was a purely temporary measure and that eventual reimbursement by Israel would take place. By the end of June 1991, the amount so advanced by UNRWA stood at $5.95 million.

In resolution 46/46 K, the General Assembly condemned the repeated Israeli raids on UNRWA premises and installations and called on Israel to refrain from such acts.


Claims for compensation

In 1991, UNRWA reported that no progress had been made with regard to its claims against the Governments of: Israel (for loss and damage to UNRWA property during the 1967 Middle East hostilities, Israel's invasion of Lebanon in 1982 and its military action before then); Jordan (arising out of the 1967 hostilities and the disturbances of 1970 971); and the Syrian Arab Republic (relating mainly to the levy of certain taxes from which UNRWA believed it was exempt under existing agreements). Those claims had been reported in 1986.(7) The Secretary-General, in October 1991(8) also stated that there had been no progress with regard to UNRWA claims against Israel resulting from its 1982 invasion of Lebanon.

In resolution 46/46 I, the General Assembly called again on Israel to compensate UNRWA for damages to its property and facilities resulting from its invasion of Lebanon, without prejudice to Israel's responsibility for all damages resulting from that invasion.


Other aspects

Displaced persons

Humanitarian assistance

In 1991, in addition to providing relief in the form of basic food commodities, blankets, clothing, shelter repair and cash grants, UNRWA continued to provide a small measure of humanitarian assistance to persons who had been displaced as a result of the June 1967 and subsequent hostilities in the Middle East but who were not registered with UNRWA as refugees.


GENERAL ASSEMBLY ACTION

On 9 December, on the recommendation of the Special Political Committee, the General Assembly adopted resolution 46/46 C without vote.
Assistance to persons displaced as a result
of the June 1967 and subsequent hostilities

The General Assembly,

Recalling its resolution 45/73 C of 11 December 1990 and all its previous resolutions on the question,

Taking note of the report of the Commissioner-General of the United Nations Relief and Works Agency for Palestine Refugees in the Near East, covering the period from 1 July 1990 to 30 June 1991,

Concerned about the continued human suffering resulting from the hostilities in the Middle East,

1. Reaffirms its resolution 45/73 C and all its previous resolutions on the question;

2. Endorses, bearing in mind the objectives of those resolutions, the efforts of the Commissioner-General of the United Nations Relief and Works Agency for Palestine Refugees in the Near East to continue to provide humanitarian assistance as far as practicable, on an emergency basis and as a temporary measure, to other persons in the area who are at present displaced and in serious need of continued assistance as a result of the June 1967 and subsequent hostilities;

3. Strongly appeals to all Governments and to organizations and individuals to contribute generously for the above purposes to the United Nations Relief and Works Agency for Palestine Refugees in the Near East and to the other intergovernmental and non-governmental organizations concerned.

General Assembly resolution 46/46 C
9 December 1991 Meeting 66 Adopted without vote

Approved by Spacial Political Committee (A/46/638) without vote; 20 November (meeting 25); 22-nation draft (A/SPC/46/L.14), agenda item 72.

Sponsors: Austria, Bangladesh, Belgium, Canada, Cyprus, Denmark, Finland, Germany, Greece, India, Indonesia, Ireland, Italy, Japan, Malaysia, Mali, Netherlands, Norway, Pakistan, Philippines, Sri Lanka, Sweden.

Meeting numbers. GA 46th session: SPC 22-25; plenary 66.


Repatriation of refugees
In October 1991,(9) the Secretary-General reported on a 2 July reply of Israel to the General Assembly's 1990 call on it to take immediate steps for the return of all displaced inhabitants and to desist from measures obstructing their return.(10) Israel stated that its position on the matter had been set out fully in successive annual replies, the latest having been the subject of a 1990 report by the Secretary-General;(11) as a result of its continued effort to review individual cases of resettlement based on each case's merits, approximately 78,473 persons had already returned to the administered territories.

The Secretary-General reported at the same time on information from UNRWA on the return of refugees registered with it. Since UNRWA was not involved in arrangements for either refugees or displaced persons not registered as refugees, its information was based on requests by returning registered refugees for the transfer of their service entitlements to their areas of return; UNRWA was not necessarily aware of the return of registered refugees who had not made such requests. Agency records indicated that, between 1 July 1990 and 30 June 1991, 254 registered refugees had returned to the West Bank and 47 to the Gaza Strip. Some of them might not have been displaced in 1967 but might be family members of a displaced registered refugee whom they had accompanied on return or later joined. About 12,000 displaced refugees were known by UNRWA to have returned to the occupied territory since June 1967. It was unable to estimate the total number of displaced inhabitants who had returned, as it kept records only of registered refugees, and even those records, particularly with respect to location of registered refugees, might be incomplete.


GENERAL ASSEMBLY ACTION

On 9 December, on the recommendation of the Special Political Committee, the General Assembly adopted resolution 46/46 G by recorded vote.
Return of population and refugees
displaced since 1967

The General Assembly,

Recalling Security Council resolution 237(1967) of 14 June 1967,

Recalling also its resolutions 2252(ES-V) of 4 July 1967, 2452 A (XXIII) of 19 December 1968, 2535 B (XXIV) of 10 December 1969, 2672 D (XXV) of 8 December 1970, 2792 E (XXVI) of 6 December 1971, 2963 C and D (XXVII) of 13 December 1972, 3089 C (XXVIII) of 7 December 1973, 3331 D (XXIX) of 17 December 1974, 3419 C (XXX) of 8 December 1975, 31/15 D of 23 November 1976, 32/90 E of 13 December 1977, 33/112 F of 18 December 1978, 34/52 E of 23 November 1979, ES-7/2 of 29 July 1980, 35/13 E of 3 November 1980, 36/146 B of 16 December 1981, 37/120 G of 16 December 1982, 38/83 G of 15 December 1983, 39/99 G of 14 December 1984, 40/165 G of 16 December 1985, 41/69 G of 3 December 1986, 42/69 G of 2 December 1987, 43/57 G of 6 December 1988, 44/47 G of 8 December 1989 and 45/73 G of 11 December 1990,

Having considered the report of the Secretary-General,

Having also considered the report of the Commissioner-General of the United Nations Relief and Works Agency for Palestine Refugees in the Near East, covering the period from 1 July 1990 to 30 June 1991,

1. Reaffirms the inalienable right of all displaced inhabitants to return to their homes or former places of residence in the territories occupied by Israel since 1967, and declares once more that any attempt to restrict, or to attach conditions to, the free exercise of the right to return by any displaced person is inconsistent with that inalienable right and is inadmissible;

2. Considers any and all agreements embodying any restriction on, or condition for, the return of the displaced inhabitants as null and void;

3. Strongly deplores the continued refusal of the Israeli authorities to take steps for the return of the displaced inhabitants;

4. Calls once more upon Israel:

(a) To take immediate steps for the return of all displaced inhabitants;

(b) To desist from all measures that obstruct the return of the displaced inhabitants, including measures affecting the physical and demographic structure of the occupied territories;

5. Requests the Secretary-General, after consulting with the Commissioner-General of the United Nations Relief and Works Agency for Palestine Refugees in the Near East, to report to the General Assembly, before the opening of its forty-seventh session, on the compliance of Israel with paragraph 4 above.

General Assembly resolution 46/46 G
9 December 1991 Meeting 66 115-2-32 (recorded vote)

Approved by Special Political Committee (A/46/638) by recorded vote (89-2-32), 20 November (meeting 25); 13-nation draft (A/SPC/46/L.18); agenda item 72.

Sponsors. Afghanistan, Bangladesh, Brunei Darussalam, Comoros, Cuba, India, Indonesia, Madagascar, Malaysia, Mali, Pakistan, Yugoslavia, Zambia.

Meeting numbers. GA 46th session: SPC 22-25; plenary 66.

Recorded vote in Assembly as follows:

In favour: Afghanistan, Algeria, Bahamas, Bahrain, Bangladesh, Barbados, Belize, Benin, Bhutan, Bolivia, Botswana, Brazil, Brunei Darussalam, Burundi, Cameroon, Cape Verde, Central African Republic, Chad, Chile, China, Colombia, Comoros, Costa Rica, Cuba, Cyprus, Democratic People's Republic of Korea, Djibouti, Ecuador, Egypt, Ethiopia, Fiji, Gabon, Gambia, Greece, Guatemala, Guinea, Guinea-Bissau, Guyana, Haiti, Honduras, India, Indonesia, Iran, Iraq, Jamaica, Japan, Jordan, Kenya, Kuwait, Lao People's Democratic Republic, Lebanon, Lesotho, Liberia, Libyan Arab Jamahiriya, Madagascar, Malawi, Malaysia, Maldives, Mali, Malta, Mauritania, Mauritius, Mexico, Micronesia, Mongolia, Morocco, Mozambique, Myanmar, Namibia, Nepal, Nicaragua, Niger, Nigeria, Oman, Pakistan, Papua New Guinea, Paraguay, Peru, Philippines, Qatar, Republic of Korea, Saint Lucia, Saint Vincent and the Grenadines, Samoa, Sao Tome and Principe, Saudi Arabia, Senegal, Seychelles, Sierra Leone, Singapore, Solomon Islands, Somalia, Spain, Sri Lanka, Sudan, Suriname, Swaziland, Syrian Arab Republic, Thailand, Togo, Trinidad and Tobago, Tunisia, Turkey, Uganda, Ukraine, United Arab Emirates, United Republic of Tanzania, Uruguay, Vanuatu, Venezuela, Viet Nam, Yemen, Yugoslavia, Zambia, Zimbabwe.

Against: Israel, United States.

Abstaining: Albania, Argentina, Australia, Austria, Belgium, Bulgaria, Canada, Côte d’Ivoire, Czechoslovakia, Denmark, Estonia, Finland, France, Germany, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Marshall Islands, Netherlands, New Zealand, Norway, Poland, Portugal, Romania, Sweden, USSR, United Kingdom.


Food aid

The Secretary-General reported in October 1991(12) that UNRWA continued to provide food assistance to the most needy sector of the refugee population—special hardship cases—who numbered 155,980 persons in December 1990. The Agency also continued its emergency distributions of basic commodities, such as flour, rice, sugar, animal protein and skim milk, to those in need, including non-registered Palestinians in the occupied territory and Lebanon. In 1990, 17,600 tons of those commodities had been distributed to 676,000 recipients in the Gaza Strip; 15,300 tons to 322,000 persons in the West Bank; and 6,000 tons to 435,000 in Lebanon. Given the lack of additional resources, it had not been possible for the Commissioner-General to consider resumption of a general distribution of basic food rations to all refugees as requested by the Assembly in several resolutions, most recently in 1990.(13)


GENERAL ASSEMBLY ACTION

On 9 December, on the recommendation of the Special Political Committee, the General Assembly adopted resolution 46/46 F by recorded vote.
Resumption of the ration distribution to
Palestine refugees

The General Assembly,

Recalling its resolutions 36/146 F of 16 December 1981, 37/120 F of 16 December 1982, 38/83 F of 15 December 1983, 39/99 F of 14 December 1984, 40/165 F of 16 December 1985, 41/69 F of 3 December 1986, 42/69 F of 2 December 1987, 43/57 F of 6 December 1988, 44/47 F of 8 December 1989, 45/73 F of 11 December 1990 and all its previous resolutions on the question, including resolution 302(IV) of 8 December 1949,

Having considered the report of the Secretary-General,

Having also considered the report of the Commissioner-General of the United Nations Relief and Works Agency for Palestine Refugees in the Near East, covering the period from 1 July 1990 to 30 June 1991,

Deeply concerned about the interruption by the Agency, owing to financial difficulties, of the general ration distribution to Palestine refugees in all fields,

1. Regrets that its resolutions 37/120 F, 38/83 F, 39/99 F, 40/165 F, 41/69 F, 42/69 F, 43/57 F, 44/47 F and 45/73 F have not been implemented;

2. Calls once again upon all Governments, as a matter of urgency, to make the most generous efforts possible and to offer the necessary resources to meet the needs of the United Nations Relief and Works Agency for Palestine Refugees in the Near East, particularly in the light of the interruption by the Agency of the general ration distribution to Palestine refugees in all fields, and therefore urges non-contributing Governments to contribute regularly and contributing Governments to consider increasing their regular contributions;

3. Requests the Commissioner-General of the United Nations Relief and Works Agency for Palestine Refugees in the Near East to resume on a continuing basis the interrupted general ration distribution to Palestine refugees in all fields;

4. Requests the Secretary-General, in consultation with the Commissioner-General, to report to the General Assembly at its forty-seventh session on the implementation of the present resolution.

General Assembly resolution 46/46 F
9 December 1991 Meeting 66 115-21-13 (recorded vote)

Approved by Special Political Committee (A/46/638) by recorded vote (88-22-13), 20 November (meeting 25); 12-nation draft (A/SPC/46/L.17); agenda item 72.

Sponsors. Afghanistan, Bangladesh, Brunei Darussalam, Comoros, Cuba, In-donesia, Madagascar, Malaysia, Mali, Pakistan, Yugoslavia, Zambia.

Meeting numbers. GA 46th session: SPC 22-25; plenary 66.

Recorded vote in Assembly as follows:

In favour: Afghanistan, Algeria, Bahamas, Bahrain, Bangladesh, Barbados, Belize, Benin, Bhutan, Bolivia, Botswana, Brazil, Brunei Darussalam, Burundi, Cameroon, Cape Verde, Central African Republic, Chad, Chile, China, Colombia, Comoros, Costa Rica, Cuba, Cyprus, Democratic People's Republic of Korea, Djibouti, Ecuador, Egypt, Ethiopia, Fiji, Gabon, Gambia, Guatemala, Guinea, Guinea-Bissau, Guyana, Haiti, Honduras, India, Indonesia, Iran, Iraq, Jamaica, Jordan, Kenya, Kuwait, Lao People's Democratic Republic, Lebanon, Lesotho, Liberia, Libyan Arab Jamahiriya, Lithuania, Madagascar, Malawi, Malaysia, Maldives, Mali, Malta, Marshall Islands, Mauritania, Mauritius, Mexico, Micronesia, Mongolia, Morocco, Mozambique, Myanmar, Namibia, Nepal, Nicaragua, Niger, Nigeria, Oman, Pakistan, Papua New Guinea, Paraguay, Peru, Philippines, Qatar, Republic of Korea, Saint Lucia, Saint Vincent and the Grenadines, Samoa, Sao Tome and Principe, Saudi Arabia, Senegal, Seychelles, Sierra Leone, Singapore, Solomon Islands, Somalia, Sri Lanka, Sudan, Suriname, Swaziland, Syrian Arab Republic, Thailand, Togo, Trinidad and Tobago, Tunisia, Turkey, Uganda, Ukraine, USSR, United Arab Emirates, United Republic of Tanzania, Uruguay, Vanuatu, Venezuela, Viet Nam, Yemen, Yugoslavia, Zambia, Zimbabwe.

Against: Australia, Belgium, Canada, Denmark, Estonia, Finland, France, Germany, Iceland, Ireland, Israel, Italy, Japan, Luxembourg, Netherlands, New Zealand, Norway, Portugal, Sweden, United Kingdom, United States.

Abstaining: Albania, Argentina, Austria, Bulgaria, Côte d’Ivoire, Czechoslovakia, Greece, Hungary, Latvia, Liechtenstein, Poland, Romania, Spain.


Education and training services

Protection of Palestinian
students and educational institutions

In October 1991,(14) the Secretary-General reported on a 2 July reply of Israel to the General Assembly's 1990 call on it to open immediately all closed educational institutions, a large number of which were operated by UNRWA, and to refrain from closing them thereafter.

Israel stated that the 1990 resolution of the Assembly(15) was unbalanced, distorting its role and policy which remained to encourage improvement and development of the education system in Judea, Samaria and the Gaza District. During its administration, the level of education and literacy in those territories had markedly improved and many new institutions of learning were established. Since December 1987, however, the schools were frequently exploited as centres for organizing and launching violent activities, and unrest was caused by marked extremists, affiliated with PLO and other groups, who forcibly entered classrooms during school hours and compelled students to join violent demonstrations. Measures taken by the authorities were a direct result of, and in reaction to, those activities. They had been extremely successful and had enabled Israel to permit five of the seven institutions of higher learning in the territories to reopen. Four of them—Al-Bireh University, Bethlehem University, Abu-Dis University and the Islamic University in Hebron—had in fact opened their doors and permission had been granted to Al-Najah University to reopen, on the condition that the student body would not interfere in the formation of the faculty. Although the University's administration had agreed to that condition, it was subsequently subjected to hostile threats from extremist elements and the University was therefore not reopened. The re-opening of Bir Zeit University would be considered based on the experience of the other institutions.

Most schools and training centres were closed for one month as a result of the hostilities in the Persian Gulf, and additional days were missed because of security problems. Various schools lost still more days of class-time upon instructions to close from extremist groups such as PLO and Hamas. Due to those disruptions, the school year was extended to 10 June in Gaza and 1 July in Judea and Samaria in order to compensate for missed school days. Extremist elements, however, continued to disrupt the school system, through both violent agitation and frequent strikes.

All those facts were ignored by the Assembly resolution, Israel said, adding that it would continue making every effort to normalize the educational environment within the difficult security situation.

According to the Commissioner-General, during the period from 1 July 1990 to 30 June 1991, there were 251 cases of unauthorized entry into UNRWA premises in the West Bank, 140 of them into schools. In the Gaza Strip, of the 367 unauthorized entries, 150 related to schools. UNRWA took up those cases with the Israeli authorities who, in a number of instances, claimed that the premises were entered because stones had been thrown from within, or stone-throwers were being chased into the premises.

During the same period, there was one fatality and 1,678 cases of injury among students and trainees at UNRWA educational institutions in the West Bank. The corresponding figures for the Gaza Strip were one fatality and 1,503 injuries. Those casualties were attributable to beatings, tear-gas inhalation, rubber bullets and live ammunition. In addition, 286 students and trainees in the West Bank and 181 in Gaza were detained, of whom 174 and 146, respectively, were released by 30 June 1991.

The 1990/91 academic year was interrupted virtually continuously from 31 December until 20 March as a result of military closures and the general curfew imposed during the hostilities in the Persian Gulf. Apart from that interruption, the centres operated for the most part normally, with some additional days lost due to strikes. The first semester ended in late June 1991, with the second semester scheduled to continue immediately through and beyond the summer until completion of the academic year.

In the West Bank, 40 per cent of school time was lost between September 1990 and June 1991, due primarily to military closures, general strikes and curfews. Most seriously affected were the schools at Tulkarm camp, which the 2,208 students attended for only 33 days from the beginning of the academic year until classes were allowed to re-open on 12 June 1991 after negotiations between UNRWA and Israel. In the Gaza Strip, 41 per cent of school time was lost from September 1990 to June 1991.

During the reporting period, UNRWA provided students in the West Bank and Gaza with distance education and self-learning materials. Preliminary analysis of UNRWA-administered achievement tests showed a detrimental effect on educational performance, especially in the lower elementary grades and on subjects such as mathematics and sciences. Israel took the position that UNRWA should conform to the school openings and times of schools run by the civil administration. UNRWA did not agree, but was forced to end the school year at the same time as schools operated by the civil administration because security considerations were invoked and a military closure order served on UNRWA.


GENERAL ASSEMBLY ACTION

On 9 December, on the recommendation of the Special Political Committee, the General Assembly adopted resolution 46/46 K by recorded vote.
Protection of Palestinian students and
educational institutions and safeguarding
of the security of the facilities of the
United Nations Relief and Works Agency for
Palestine Refugees in the Near East in the
occupied Palestinian territory

The General Assembly,

Recalling Security Council resolution 605(1987) of 22 December 1987,

Recalling its resolutions 43/21 of 3 November 1988, 43/57 I of 6 December 1988, 44/2 of 6 October 1989, 44/47 K of 8 December 1989 and 45/73 K of 11 December 1990,

Taking note of the report of the Secretary-General dated 21 January 1988, submitted in accordance with Security Council resolution 605(1987), the report dated 31 October 1990, submitted in accordance with Council resolution 672(1990), and the report dated 9 April 1991, submitted in accordance with Council resolution 681(1990),

Having considered the report of the Secretary-General,

Having also considered the report of the Commissioner-General of the United Nations Relief and Works Agency for Palestine Refugees in the Near East, covering the period from 1 July 1990 to 30 June 1991,

Taking note, in particular, of paragraph 100 of that report, in which it is stated that during the reporting period "there were 251 incursions into Agency installations by members of the Israeli security forces in the West Bank and 367 such incursions in the Gaza Strip” and that "the Agency recorded 201 incidents in which health clinic premises were entered, including 153 in the Gaza Strip alone" and that "on 27 December 1990, members of the Israeli security forces entered the Agency's health centre in Jabalia camp, passing through the emergency section and the maternity ward where several women were about to give birth and fired shots from within the health centre compound at stone-throwers on the roof of a nearby mosque",

Gravely concerned and alarmed by the deteriorating situation in the Palestinian territory occupied by Israel since 1967, including Jerusalem,

1. Condemns the repeated Israeli raids on the premises and installations of the United Nations Relief and Works Agency for Palestine Refugees in the Near East, and calls upon Israel, the occupying Power, to refrain from such raids;

2. Deplores the policy and practices of Israel, the occupying Power, which have led to the prolonged closure of educational and vocational institutions, a large number of which are operated by the Agency, and the repeated disruption of medical services;

3. Calls upon Israel, the occupying Power, to open immediately all closed educational and vocational institutions and to refrain from closing them thereafter;

4. Requests the Secretary-General to report to the General Assembly at its forty-seventh session on the implementation of the present resolution.

General Assembly resolution 46/46 K
9 December 1991 Meeting 66 151-2 (recorded vote)

Approved by Special Political Committee (A/46/638) by recorded vote (120-2-1), 20 November (meeting 25); 12-nation draft (A/SPC/46/L.22); agenda item 72.

Sponsors: Afghanistan, Bangladesh, Brunei Darussalam, Comoros, Cuba, India, Indonesia, Madagascar, Malaysia, Pakistan, Yugoslavia, Zambia.

Meeting numbers. GA 46th session: SPC 22-25; plenary 66.

Recorded vote in Assembly as follows:
In favour: Afghanistan, Albania, Algeria, Argentine, Australia, Austria, Bahamas, Bahrain, Bangladesh, Barbados, Belgium, Belize, Benin, Bhutan, Bolivia, Botswana, Brazil, Brunei Darussalam, Bulgaria, Burkina Faso, Burundi, Cameroon, Canada, Cape Verde, Central African Republic, Chad, Chile, China, Colombia, Comoros, Congo, Costa Rica, Côte d’Ivoire, Cuba, Cyprus, Czechoslovakia, Democratic People’s Republic of Korea, Denmark, Djibouti, Ecuador, Egypt, Estonia, Ethiopia, Fiji, Finland, France, Gabon, Gambia, Germany, Greece, Guatemala, Guinea, Guinea-Bissau, Guyana, Haiti, Honduras, Hungary, Iceland, India, Indonesia, Iran, Iraq, Ireland, Italy, Jamaica, Japan, Jordan, Kenya, Kuwait Lao People's Democratic Republic, Latvia, Lebanon, Lesotho, Liberia, Libyan Arab Jamahiriya, Liechtenstein, Lithuania, Luxembourg Madagascar, Malawi, Malaysia, Maldives, Mali, Malta, Marshall Islands Mauritania, Mauritius, Mexico, Micronesia, Mongolia, Morocco, Mozambique, Myanmar, Namibia, Nepal, Netherlands, New Zealand, Nicaragua, Niger, Nigeria, Norway, Oman, Pakistan, Panama, Papua New Guinea, Paraguay, Peru, Philippines, Poland, Portugal, Qatar, Republic of Korea, Romania, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Samoa, Sao Tome and Principe, Saudi Arabia, Senegal, Seychelles, Sierra Leone, Singapore, Solomon Islands, Somalia, Spain, Sri Lanka, Sudan, Suriname, Swaziland, Sweden, Syrian Arab Republic, Thailand, Togo, Trinidad and Tobago, Tunisia, Turkey, Uganda, Ukraine, USSR, United Arab Emirates, United Kingdom, United Republic of Tanzania, Uruguay, Vanuatu, Venezuela, Viet Nam, Yemen, Yugoslavia, Zambia, Zimbabwe.

Against: Israel, United States.


Proposed University of Jerusalem "Al-Quds"

As requested by the General Assembly in 1990,(16) the Secretary-General reported in October 1991(17) on the establishment of a university for Palestine refugees at Jerusalem. The proposed university, first considered by the Assembly in 1980,(18) had since been the subject of annual reports by the Secretary-General with regard to measures taken towards its establishment, including a functional feasibility study. In order to assist in completing the study, the Rector of the United Nations University, at the Secretary-General's request, made available the services of an expert to visit the area and meet with Israeli officials.

By a note verbale of 10 September 1991, the Secretary-General, referring to the Assembly's request, asked Israel to facilitate the expert's visit, which would take place at a mutually convenient date. Recalling Israel's position on the proposed university, as well as clarifications already given by the Secretariat to the questions raised by Israel, the Secretary-General expressed the opinion that such questions could be best discussed on the occasion of the expert's visit.

On 25 September, Israel replied that its position remained unchanged, as it had already clarified in a note verbale of 2 July on the 1990 Assembly resolution, whose sponsors, it said, sought to exploit higher education in order to politicize issues totally extraneous to genuine academic pursuits. Accordingly, Israel believed it not to be beneficial for the proposed visit to take place.

In view of that position, the Secretary-General concluded, it had not been possible to complete the feasibility study as planned.


GENERAL ASSEMBLY ACTION

On 9 December, on the recommendation of the Special Political Committee, the General Assembly adopted resolution 46/46 J by recorded vote.
University of Jerusalem "Al-Quds" for
Palestine refugees

The General Assembly,

Recalling its resolutions 36/146 G of 16 December 1981, 37/120 C of 16 December 1982, 38/83 K of 15 December 1983, 39/99 K of 14 December 1984, 40/165 D and K of 16 December 1985, 41/69 K of 3 December 1986, 42/69 K of 2 December 1987, 43/57 J of 6 December 1988, 44/47 J of 8 December 1989 and 45/73 J of 11 December 1990,

Having considered the report of the Secretary-General,

Having also considered the report of the Commissioner-General of the United Nations Relief and Works Agency for Palestine Refugees in the Near East, covering the period from 1 July 1990 to 30 June 1991,

1. Emphasizes the need for strengthening the educational system in the Palestinian territory occupied by Israel since 5 June 1967, including Jerusalem, and specifically the need for the establishment of the proposed university;

2. Requests the Secretary-General to continue to take all necessary measures for establishing the University of Jerusalem "Al-Quds", in accordance with Assembly resolution 35/13 B of 3 November 1980, giving due consideration to the recommendations consistent with the provisions of that resolution;

3. Calls once more upon Israel, the occupying Power, to cooperate in the implementation of the present resolution and to remove the hindrances that it has put in the way of establishing the University of Jerusalem "Al-Quds";

4. Also requests the Secretary-General to report to the General Assembly at its forty-seventh session on the progress made in the implementation of the present resolution.

General Assembly resolution 46/46 J
9 December 1991 Meeting 66 146-2-2 (recorded vote)

Approved by Special Political Committee (A/46/638) by recorded vote (114-2-5), 20 November (meeting 25); 14-nation draft (A/SPC/46/L.21); agenda item 72.

Sponsors. Afghanistan, Bangladesh, Brunei Darussalam, Comoros, Cuba, India, Indonesia, Jordan, Madagascar, Malaysia, Mali, Pakistan, Yugoslavia, Zambia.

Meeting numbers. GA 46th session: SPC 22-25; plenary 66.

Recorded vote in Assembly as follows:

In favour: Afghanistan, Albania, Algeria, Argentina, Australia, Austria, Bahamas, Bahrain, Bangladesh, Barbados, Belgium, Belize, Benin, Bhutan, Bolivia, Botswana, Brazil, Brunei Darussalam, Bulgaria, Burundi, Cameroon, Canada, Cape Verde, Central African Republic, Chad, Chile, China, Colombia, Comoros, Congo, Costa Rica, Cuba, Cyprus, Czechoslovakia, Democratic People's Republic of Korea, Denmark, Djibouti, Ecuador, Egypt, Estonia, Ethiopia, Fiji, Finland, France, Gabon, Gambia, Germany, Greece, Guatemala, Guinea, Guinea-Bissau, Guyana, Haiti, Honduras, Hungary, Iceland, India, Indonesia, Iran, Iraq, Ireland, Italy, Jamaica, Japan, Jordan, Kenya, Kuwait, Lao People's Democratic Republic, Latvia, Lebanon, Lesotho, Libyan Arab Jamahiriya, Liechtenstein, Lithuania, Luxembourg, Madagascar, Malawi, Malaysia, Maldives, Mali, Malta, Marshall Islands, Mauritania, Mauritius, Mexico, Micronesia, Mongolia, Morocco, Mozambique, Myanmar, Namibia, Nepal, Netherlands, New Zealand, Nicaragua, Niger, Nigeria, Norway, Oman, Pakistan, Papua New Guinea, Paraguay, Peru, Philippines, Poland, Portugal, Qatar, Republic of Korea, Romania, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Samoa, Sao Tome and Principe Saudi Arabia, Senegal, Seychelles, Sierra Leone, Singapore, Solomon Islands, Somalia, Spain, Sri Lanka, Sudan, Suriname, Swaziland, Sweden, Syrian Arab Republic, Thailand, Togo, Trinidad and Tobago, Tunisia, Turkey, Uganda, Ukraine, United Arab Emirates, United Kingdom, United Republic of Tanzania, Uruguay, Vanuatu, Venezuela, Viet Nam, Yemen, Yugoslavia, Zambia, Zimbabwe.

Against: Israel, United States.

Abstaining: Côte d’Ivoire, USSR.


Scholarships

The Secretary-General reported in October 1991(19) on responses to the 1990 appeal of the General Assembly(20) for special allocations for scholarships and grants to Palestine refugees, for which UNRWA acted as recipient and trustee.

For the academic years 1989/90 and 1990/91, a total of 141 awards were made by Japan which had contributed $1 million in 1989, to be spent over a five-year period. Those awards, while not specifically in response to Assembly resolutions, were in keeping with their spirit. Among United Nations agencies, UNESCO had allocated $183,960 to Palestine under the UNESCO Participation Programme for 1990-1991. WHO continued offering a postgraduate training fellowship programme aimed at developing the technical and managerial skills of the staff of UNRWA's Department of Health, and at meeting future replacement needs under the various health disciplines.


GENERAL ASSEMBLY ACTION

On 9 December, on the recommendation of the Special Political Committee, the General Assembly adopted resolution 46/46 D by recorded vote.
Offers by Member States of grants and
scholarships for higher education, including
vocational training, for Palestine refugees

The General Assembly,

Recalling its resolution 212(III) of 19 November 1948 on assistance to Palestine refugees,

Recalling also its resolutions 35/13 B of 3 November 1980, 36/146 H of 16 December 1981, 37/120 D of 16 December 1982, 38/83 D of 15 December 1983, 39/99 D of 14 December 1984, 40/165 D of 16 December 1985, 41/69 D of 3 December 1986, 42/69 D of 2 December 1987, 43/57 D of 6 December 1988, 44/47 D of 8 December 1989 and 45/73 D of 11 December 1990,

Cognizant of the fact that the Palestine refugees have, for the last four decades, lost their homes, lands and means of livelihood,

Having considered the report of the Secretary-General,

Having also considered the report of the Commissioner-General of the United Nations Relief and Works Agency for Palestine Refugees in the Near East, covering the period from 1 July 1990 to 30 June 1991,

1. Urges all States to respond to the appeal contained in its resolution 32/90 F of 13 December 1977 and reiterated in subsequent relevant resolutions in a manner commensurate with the needs of Palestine refugees for higher education, including vocational training;

2. Strongly appeals to all States, specialized agencies and non-governmental organizations to augment the special allocations for grants and scholarships to Palestine refugees, in addition to their contributions to the regular budget of the United Nations Relief and Works Agency for Palestine Refugees in the Near East;

3. Expresses its appreciation to all Governments, specialized agencies and non-governmental organizations that responded favourably to its resolutions 41/69 D, 42/69 D 43/57 D, 44/47 D and 45/73 D;

4. Invites the relevant specialized agencies and other organizations of the United Nations system to continue, within their respective spheres of competence, to extend assistance for higher education to Palestine refugee students;

5. Appeals to all States, specialized agencies and the United Nations University to contribute generously to the Palestinian universities in the Palestinian territory occupied by Israel since 1967, including, in due course, the proposed University of Jerusalem "Al-Quds" for Palestine refugees;

6. Also appeals to all States, specialized agencies and other international bodies to contribute towards the establishment of vocational training centres for Palestine refugees;

7. Requests the Agency to act as the recipient and trustee for the special allocations for grants and scholarships and to award them to qualified Palestine refugee candidates;

8. Requests the Secretary-General to report to the General Assembly at its forty-seventh session on the implementation of the present resolution.

General Assembly resolution 46/46 D
9 December 1991 Meeting 66 147-0-1 (recorded vote)

Approved by Special Political Committee (A/46,638) by recorded vote (121-0-1), 20 November (meeting 25); 13-nation draft (A/SPC/46/L.15); agenda item 72.

Sponsors. Afghanistan, Bangladesh, Brunei Darussalam, Comoros, Cuba, Indonesia, Jordan, Madagascar, Malaysia, Mali, Pakistan, Yugoslavia, Zambia.

Meeting numbers. GA 46th session: SPC 22-25; plenary 66.

Recorded vote in Assembly as follows:

In favour: Afghanistan, Albania, Algeria, Argentina, Australia, Austria, Bahamas, Bahrain, Bangladesh, Barbados, Belgium, Belize, Benin, Bhutan, Bolivia, Botswana, Brazil, Brunei Darussalam, Bulgaria, Burundi, Cameroon, Canada, Cape Verde, Central African Republic, Chad, Chile, China, Colombia, Comoros, Congo, Costa Rica, Côte d’Ivoire, Cuba, Cyprus, Czechoslovakia, Democratic People's Republic of Korea, Denmark, Djibouti, Ecuador, Egypt, Estonia, Ethiopia, Fiji, Finland, France, Gabon, Gambia, Germany, Greece, Guatemala, Guinea, Guyana, Haiti, Honduras, Hungary, Iceland, India, Indonesia, ban, Iraq, Ireland, Italy, Jamaica, Japan, Jordan, Kuwait, Lao People's Democratic Republic, Latvia, Lebanon, Lesotho, Liberia, Libyan Arab Jamahiriya, Liechtenstein, Lithuania, Luxembourg, Madagascar, Malawi, Malaysia, Maldives, Mali, Malta, Marshall Islands, Mauritania. Mauritius, Mexico, Micronesia, Mongolia, Morocco, Mozambique, Myanmar, Namibia, Nepal, Netherlands, New Zealand, Nicaragua, Niger, Nigeria, Norway, Oman, Pakistan, Papua New Guinea, Paraguay, Peru, Philippines, Poland, Portugal, Qatar, Republic of Korea, Romania, Saint Lucia, Saint Vincent and the Grenadines, Samoa, Sao Tome and Principe, Saudi Arabia, Senegal, Seychelles, Sierra Leone, Singapore, Solomon Islands, Somalia, Spain, Sri Lanka, Sudan, Suriname, Swaziland, Sweden, Syrian Arab Republic, Thailand, Togo, Trinidad and Tobago, Tunisia, Turkey, Uganda, Ukraine, USSR, United Arab Emirates, United Kingdom, United Republic of Tanzania, United States, Uruguay, Vanuatu, Venezuela, Viet Nam, Yemen, Yugoslavia, Zambia, Zimbabwe.

Against: None.

Abstaining: Israel.


Property rights

Report of the Secretary-General. In August 1991,(21) the Secretary-General reported on revenues derived from Palestine refugee property, as requested by a General Assembly resolution of 1990.(22) He had transmitted the resolution to Israel, with a request for information on its implementation, and had brought the relevant provisions to the attention of the Chairman of the United Nations Conciliation Commission for Palestine. He had also drawn the attention of all Member States to the Assembly's call for pertinent information in their possession concerning Arab property, assets and property rights in Israel; only Israel had replied at the time of reporting.

Israel advised on 2 July that its position had been set out in statements to the Special Political Committee and in a 1990 report of the Secretary-General.(23) There was no legal basis for taking the steps proposed, as property rights within the borders of a sovereign State were exclusively subject to that State's domestic laws; the right of States to regulate and dispose of property within their territory (and income derived from that property) was a generally accepted principle. Significantly, the resolution's sponsors had not suggested that similar steps be taken regarding the confiscated Jewish property in Arab countries. As a result of the 1948 war, approximately 800,000 Jewish refugees from Arab countries were resettled in Israel; the property they had left behind, estimated to be worth billions of dollars, was expropriated by the Arab countries in which they had lived. There could be no difference in law, justice or equity between the claims of Arab and Jewish property owners, Israel asserted.

Report of the Conciliation Commission. The United Nations Conciliation Commission for Palestine, in its report covering the period from 1 September 1990 to 31 August 1991,(24) stated that the circumstances that had limited its possibilities of action regarding compensation for Palestine refugee properties remained unchanged. The events that had occurred in the area since the previous reporting period had further complicated an already complex situation. The Commission continued to hope, however, that the situation and related circumstances in the region would improve towards a comprehensive, just and lasting Middle East peace, thus enabling it to carry forward its work in accordance with the 1948 resolution setting forth its mandate.(25)

Referring to prospects for implementing paragraph 11 of that resolution, by which the Assembly resolved that the refugees wishing to return to their homes should be permitted to do so at the earliest practicable date, and that compensation should be paid for the property of those choosing not to return and for loss or damage to property, the Commission noted that the examination of various ways in which it might be possible to intensify its efforts towards that end had compelled the conclusion that all the ways envisaged presupposed substantial changes in the situation.

GENERAL ASSEMBLY ACTION

On 9 December, on the recommendation of the Special Political Committee, the General Assembly adopted resolution 46/46 H by recorded vote.
Revenues derived from Palestine
refugees' properties

The General Assembly,

Recalling its resolutions 35/13 A to F of 3 November 1980, 36/146 C of 16 December 1981, 37/120 H of 16 December 1982, 38/83 H of 15 December 1983, 39/99 H of 14 December 1984, 40/165 H of 16 December 1985, 41/69 H of 3 December 1986, 42/69 H of 2 December 1987, 43/57 H of 6 December 1988, 44/47 H of 8 December 1989, 45/73 H of 11 December 1990 and all its previous resolutions on the question, including resolution 194(III) of 11 December 1948,

Taking note of the report of the Secretary-General,

Taking note also of the report of the United Nations Conciliation Commission for Palestine, covering the period from 1 September 1990 to 31 August 1991,

Recalling that the Universal Declaration of Human Rights and the principles of international law uphold the principle that no one shall be arbitrarily deprived of his or her private property,

Considering that the Palestine Arab refugees are entitled to their property and to the income derived therefrom, in conformity with the principles of justice and equity,

Recalling in particular its resolution 394(V) of 14 December 1950, in which it directed the United Nations Conciliation Commission for Palestine, in consultation with the parties concerned, to prescribe measures for the protection of the rights, property and interests of the Palestine Arab refugees,

Taking note of the completion of the programme of identification and evaluation of Arab property, as announced by the United Nations Conciliation Commission for Palestine in its twenty-second progress report, and of the fact that the Land Office had a schedule of Arab owners and file of documents defining the location, area and other particulars of Arab property,

1. Requests the Secretary-General to take all appropriate steps, in consultation with the United Nations Conciliation Commission for Palestine, for the protection and administration of Arab property, assets and property rights in Israel and to establish a fund for the receipt of income derived therefrom, on behalf of the rightful owners;

2. Calls once more upon Israel to render all facilities and assistance to the Secretary-General in the implementation of the present resolution;

3. Calls upon the Governments of all the other Member States concerned to provide the Secretary-General with any pertinent information in their possession concerning Arab property, assets and property rights in Israel, which would assist the Secretary-General in the implementation of the present resolution;

4. Deplores the refusal of Israel to cooperate with the Secretary-General in the implementation of the resolutions on the question;

5. Requests the Secretary-General to report to the General Assembly at its forty-seventh session on the implementation of the present resolution.

General Assembly resolution 46/46 H
9 December 1991 Meeting 66 114-2-33 (recorded vote)

Approved by Special Political Committee (A/46/638) by recorded vote (87-2-34), 20 November (meeting 25); 13-nation draft (A/SPC/45/L.19); agenda item 72.

Sponsors: Afghanistan, Bangladesh, Brunei Darussalam, Comoros, Cuba, India, Indonesia, Madagascar, Malaysia, Mali, Pakistan, Yugoslavia, Zambia.

Meeting numbers. GA 46th session: SPC 22-25; plenary 66.

Recorded vote in Assembly as follows:

In favour: Afghanistan, Algeria, Bahamas, Bahrain, Bangladesh, Barbados, Belize, Benin, Bhutan, Bolivia, Botswana, Brazil, Brunei Darussalam, Burundi, Cameroon, Cape Verde, Central African Republic, Chad, Chile, China, Colombia, Comoros, Costa Rica, Cuba, Cyprus, Democratic People’s Republic of Korea, Djibouti, Ecuador, Egypt, Ethiopia, Fiji, Gabon, Gambia. Greece, Guatemala, Guinea, Guinea-Bissau, Guyana, Haiti, Honduras, India, Indonesia, Iran, Iraq, Jamaica, Jordan, Kenya, Kuwait, Lao People's Democratic Republic, Lebanon, Lesotho, Liberia, Libyan Arab Jamahiriya, Madagascar, Malawi, Malaysia, Maldives, Mali, Malta, Mauritania, Mauritius, Mexico, Micronesia, Mongolia, Morocco, Mozambique, Myanmar, Namibia, Nepal, Nicaragua, Niger, Nigeria, Oman, Pakistan, Papua New Guinea, Paraguay, Peru, Philippines, Qatar, Republic of Korea, Saint Lucia, Saint Vincent and the Grenadines, Samoa, Sao Tome and Principe, Saudi Arabia, Senegal, Seychelles, Sierra Leone, Singapore, Solomon Islands, Somalia, Spain, Sri Lanka, Sudan, Suriname, Swaziland, Syrian Arab Republic, Thailand, Togo, Trinidad and Tobago, Tunisia, Turkey, Uganda, Ukraine, United Arab Emirates, United Republic of Tanzania, Uruguay, Vanuatu, Venezuela, Viet Nam, Yemen, Yugoslavia, Zambia, Zimbabwe.

Against: Israel, United States.

Abstaining: Albania, Argentina, Australia, Austria, Belgium, Bulgaria, Canada, Côte d’Ivoire, Czechoslovakia, Denmark, Estonia, Finland, France, Germany, Hungary, Iceland, Ireland, Italy, Japan, Latvia, Liechtenstein, Lithuania, Luxembourg, Marshall Islands, Netherlands, New Zealand, Norway, Poland, Portugal, Romania, Sweden, USSR, United Kingdom.


Refugee protection

The Secretary-General reported in October 1991(8) on implementation of a General Assembly resolution of 1990(26) holding Israel responsible for the security of the Palestine refugees in the occupied territory and calling on it to compensate UNRWA for the damage to its property and facilities resulting from Israel's 1982 invasion of Lebanon.

The Secretary-General stated that Israel, replying to his request for information on steps taken or envisaged to comply with the resolution, said on 2 July 1991 that its position had been fully set out in statements to the Special Political Committee and in a 1990 report of the Secretary-General.(27) The adoption of the resolution was hypocritical, anachronistic and out of place. Despite its withdrawal from Lebanon in 1985, it was still being blamed for the "suffering of the Palestinians" in Lebanon and for Arab persecution of Palestinian refugees. In recent years, thousands of Palestinians had been killed and wounded in Lebanese refugee camps in vicious fighting totally unconnected with Israel; likewise, Palestinian refugee camps in Jordan and the Syrian Arab Republic were the scenes of considerable human misery. The selective and distorted presentation of the Palestinian refugees' situation in Arab countries clearly illustrated the resolution's double standards and the blatant disregard for the refugees' general welfare. Notwithstanding Israel's innumerable appeals, the United Nations remained silent about the systematic assassination campaign during which over 437 Palestinians had been murdered in cold blood by PLO and other terrorist death squads since December 1987. Israel asserted that in keeping with international law, it alone was competent to ensure full protection of the inhabitants of Judea, Samaria and the Gaza District.

In consultation with the Secretary-General, the UNRWA Commissioner-General had continued his efforts in support of the Palestine refugees' safety and legal and human rights. In that connection, UNRWA international staff in the occupied territory, in particular Refugee Affairs Officers, continued to play an important role in helping to reduce tension and prevent maltreatment of refugees, especially vulnerable groups such as women and children. The Commissioner-General also protested to Israel against excessive use of force, collective punishments, punitive demolitions, sealing of shelters and other such measures, as a failure on Israel's part to uphold standards required under international humanitarian law.

Following Israel's withdrawal from the Saida and Tyre areas in 1985, there was nothing further to state in the context of the current report regarding the Palestine refugees in Lebanon.


GENERAL ASSEMBLY ACTION

On 9 December, on the recommendation of the Special Political Committee, the General Assembly adopted resolution 46/46 I by recorded vote.
Protection of Palestine refugees

The General Assembly,
Recalling in particular recent Security Council resolutions 605(1987) of 22 December 1987, 607(1988) of 5 January 1988, 608(1988) of 14 January 1988, 636(1989) of 6 July 1989, 641(1989) of 30 August 1989, 672(1990) of 12 October 1990, 673(1990) of 24 October 1990, 681(1990) of 20 December 1990 and 694(1991) of 24 May 1991,

Also recalling its resolutions ES-7/5 of 26 June 1982, ES-7/6 and ES-7/8 of 19 August 1982, ES-7/9 of 24 September 1982, 37/120 J of 16 December 1982, 38/83 I of 15 December 1983, 39/99 I of 14 December 1984 40/165 I of 16 December 1985, 41/69 I of 3 December 1986, 42/69 I of 2 December 1987, 43/21 of 3 November 1988, 43/57 I of 6 December 1988, 44/47 I of 8 December 1989 and 45/73 I of 11 December 1990,

Taking note of the report of the Secretary-General dated 21 January 1988, submitted in accordance with Security Council resolution 605(1987), the report dated 31 October 1990, submitted in accordance with Council resolution 672(1990), and the report dated 9 April 1991, submitted in accordance with Council resolution 681(1990),

Having considered the report of the Secretary-General,

Having also considered the report of the Commissioner-General of the United Nations Relief and Works Agency for Palestine Refugees in the Near East, covering the period from 1 July 1990 to 30 June 1991,

Gravely concerned and alarmed by the deteriorating situation in the Palestinian territory occupied by Israel since 1967, including Jerusalem,

Taking into account the need to consider measures for the impartial protection of the Palestinian civilian population under Israeli occupation,

Referring to the humanitarian principles of the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949, and to the obligations arising from the regulations annexed to the Hague Convention IV of 1907,

Deeply distressed that, notwithstanding the improved security situation owing to the deployment of the Lebanese army, the Palestinian and Lebanese population are still suffering from continuing Israeli acts of aggression against Lebanon and from other hostile acts,

1. Holds Israel responsible for the security of the Palestine refugees in the occupied Palestinian territory including Jerusalem, and other Arab territories occupied by Israel since 1967, and calls upon it to fulfil its obligations as the occupying Power in this regard, in accordance with the pertinent provisions of the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949;

2. Calls upon all the High Contracting Parties to the Convention to take appropriate measures to ensure respect by Israel, the occupying Power, for the Convention in all circumstances, in conformity with their obligation under article 1 thereof;

3. Strongly urges the Security Council to consider the Current situation in the occupied Palestinian territory, taking into account the recommendations contained in the reports of the Secretary-General dated 21 January 1988, 31 October 1990 and 9 April 1991;

4. Urges the Secretary-General and the Commissioner-General of the United Nations Relief and Works Agency for Palestine Refugees in the Near East to continue their efforts in support of the upholding of the safety and security and the legal and human rights of the Palestine refugees in all the territories under Israeli occupation since 1967;

5. Calls once again upon Israel to desist forthwith from acts of aggression against the Lebanese and Palestinian population in Lebanon, in violation of the Charter of the United Nations and the norms of international law;

6. Demands that Israel, the occupying Power, release forthwith all arbitrarily detained Palestine refugees, including the employees of the United Nations Relief and Works Agency for Palestine Refugees in the Near East;

7. Calls once again upon Israel to compensate the Agency for damages to its property and facilities resulting from the invasion of Lebanon by Israel in 1982, without prejudice to the responsibility of the latter for all damages resulting from that invasion, as well as for other damages resulting from the policies and practices of Israel, the occupying Power, in the occupied Palestinian territory;

8. Requests the Secretary-General, in consultation with the Commissioner-General, to report to the General Assembly, before the opening of its forty-seventh session, on the implementation of the present resolution.

General Assembly resolution 46/46 I
9 December 1991 Meeting 66 147-2-2 (recorded vote)

Approved by Spacial Political Committee (A/46/638) by recorded vote (117-2-3), 20 November (meeting 25); 13-nation draft (A/SPC/46/L.20); agenda item 72.

Sponsors: Afghanistan, Bangladesh, Brunei Darussalam, Comoros, Cuba, Indonesia, Madagascar, Malaysia, Mali, Pakistan, Sudan, Yugoslavia, Zambia.

Meeting numbers. GA 46th session: SPC 22-25; plenary 66.

Recorded vote in Assembly as follows:

In favour: Afghanistan, Albania, Algeria, Argentina, Australia, Austria, Bahamas, Bahrain, Bangladesh, Barbados, Belgium, Belize, Benin, Bhutan, Bolivia, Botswana, Brazil, Brunei Darussalam, Bulgaria, Burundi, Cameroon, Canada, Cape Verde, Central African Republic, Chad, Chile, China, Colombia, Comoros, Congo, Costa Rica, Cuba, Cyprus, Czechoslovakia, Democratic People’s Republic of Korea, Denmark, Djibouti, Ecuador, Egypt, Estonia, Ethiopia, Fiji, Finland, France, Gabon, Gambia, Germany, Guatemala, Guinea, Guinea-Bissau, Guyana, Haiti, Honduras, Hungary, Iceland, India, Indonesia, Iran, Iraq, Ireland, Italy, Jamaica, Japan, Jordan, Kenya, Kuwait, Lao People's Democratic Republic, Latvia, Lebanon, Lesotho, Liberia, Libyan Arab Jamahiriya, Liechtenstein, Lithuania, Luxembourg, Madagascar, Malawi, Malaysia, Maldives, Mali, Malta, Marshall Islands, Mauritania, Mauritius, Mexico, Micronesia, Mongolia, Morocco, Mozambique, Myanmar, Namibia, Nepal, Netherlands, New Zealand, Nicaragua, Niger, Nigeria, Norway, Oman, Pakistan, Papua New Guinea, Paraguay, Peru, Philippines, Poland, Portugal, Qatar, Republic of Korea, Romania, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Samoa, Sao Tome and Principe, Saudi Arabia, Senegal, Seychelles, Sierra Leone, Singapore, Solomon Islands, Somalia, Spain, Sri Lanka, Sudan, Suriname, Swaziland, Sweden, Syrian Arab Republic, Thailand, Togo, Trinidad and Tobago, Tunisia, Turkey, Uganda, Ukraine, United Arab Emirates, United Kingdom, United Republic of Tanzania, Uruguay, Vanuatu, Venezuela, Viet Nam, Yemen, Yugoslavia, Zambia, Zimbabwe.

Against: Israel, United States.

Abstaining: Côte d’Ivoire, USSR.


Removal and resettlement of refugees

In October 1991,(23) the Secretary-General reported on a 2 July reply of Israel to the General Assembly's 1990 demand(29) that it desist from removing and resettling Palestine refugees in the Palestinian territory occupied by it since 1967 and from destroying their shelters. Israel stated that its position had been set forth in successive annual replies to the Secretary-General in recent years, the latest of them contained in his 1990 report on the subject.(30) It considered the 1990 resolution unbalanced and distorted in that it intentionally ignored the improved living conditions in Gaza, including the considerable increase of pupils and the significant drop in the illiteracy rate, the extensive development of medical care and the improvement of environmental services.

Nothing was more indicative of that approach than the resolution's condemnation of refugee rehabilitation projects. Since 1967, Israel had initiated community development projects in Gaza enabling some 20,000 families, approximately 150,000 persons, to leave the refugee camps on a voluntary basis and relocate to nearby residential areas. Israel's vital role in planning and implementing those housing projects had been recognized by the Secretary-General(31) and the UNRWA Commissioner-General in 1985. The resolution's request that the Secretary-General resume issuing identity cards irrespective of the refugees' need for them was yet another indication of its political bias.

Notwithstanding subversive efforts to the contrary, Israel declared that it was determined to pursue the task of improving the refugees' living conditions through projects such as the refugee housing programmes and it would welcome all assistance from the international community in that regard.

As described by the Commissioner-General, Israel continued to demolish and seal refugee shelters in the West Bank and Gaza Strip on punitive grounds. UNRWA was following up with Israeli authorities the rehousing of refugees affected by the 1971 demolitions in Gaza. In his 1990 report,(30) the Secretary-General had referred to the status of 87 families categorized as living in hardship conditions. The situation on 30 June 1991 remained virtually the same: of those families, 12 continued to live in conditions of hardship, 19 remained unsatisfactorily and 37 satisfactorily housed, and 18 had previously purchased houses in Israeli-sponsored projects. One family had bought land and built a house. The situation of the 12 families living in hardship conditions had been checked several times during the reporting period; despite repeated assurances by Israel that they would be rehoused, no progress had been made.

During the reporting period, the Commissioner-General obtained the following information relating to refugee shelters demolished by Israel on the grounds that they had been built without proper authority on State land outside camp boundaries. There was no change in the situation of the families living on the northern perimeter of Jabalia camp who had been told by Israel in 1989 to remove some of their shelter extensions; no demolitions had taken place so far, but the shelters remained isolated by the bulldozing around them. Similarly, the situation of the 35 families whose shelters on the perimeter of Beach camp were demolished in 1983 remained the same as in 1990. There was no change in the situation of the families who, at the instance of the Israeli authorities had agreed to relocate from Block Q of Rafah camp to the Tel-es-Sultan housing project; some families still remained in their shelters, of which 13 were isolated by sand ramparts.

No new plots of land in housing projects in the Gaza Strip were allocated: by Israel for refugees living in camps. No new movements took place from camps to housing projects. An additional 35 plots of land in the Tel-es-Sultan housing project were allocated to families from the so-called Canada camp.

According to information available to the Commissioner-General, Israel had to date allocated approximately 3,914 plots in the Gaza Strip for housing projects. A total of 2,605 plots had been built on by 3,714 refugee families comprising 22,946 persons; buildings on 236 plots were under construction; 936 plots were still vacant and 137 had been built on by non-refugee families. In addition, 3,034 refugee families, consisting of 18,823 persons, had moved into 2,666 housing units consisting of 5,893 rooms.

Refugee families were continuing to purchase plots at subsidized rates for the construction of houses in the Israeli-developed projects in the Beit Lahiya, Nazleh and Tel-es-Sultan areas. Construction of multi-storey apartment blocks at Sheikh Radwan, sponsored by Israel and offered for sale on completion, was continuing, but had slowed down due to the prevailing situation.

With regard to the Assembly's request in 1990 that the Commissioner-General address the acute situation of the Palestine refugees in the Israeli-occupied territory and extend all UNRWA services to them, the Commissioner-General advised that, since 1988, in addition to providing all its regular services, UNRWA had been providing emergency food, medical and other assistance to those in need. UNRWA had also begun a longer-term programme to upgrade infrastructure, especially in the camps, and to improve economic and social conditions.

The Secretary-General regretted that he was unable to comply with the Assembly's request that he resume issuing identification cards to all Palestine refugees and their descendants in the occupied territory, irrespective of whether or not they were recipients of UNRWA rations and services. Under an agreement followed for 40 years, he said, all refugee families registered with UNRWA were in possession of Agency-issued registration cards. While those cards indicated the number of family members and their eligibility for services, they were not identification cards and had a much more limited purpose. The Commissioner-General had pointed out that UNRWA issued a registration card reflecting data about the refugee family concerned, which was entered on the registration roll at the time of registration. While the need for documentation such as required in the 1990 resolution, was appreciated, the Commissioner-General did not have the means to issue identity cards as such. He would, however, keep the situation under review to see whether appropriate documentation regarding the registration status of individual members of refugee families could be issued.


GENERAL ASSEMBLY ACTION

On 9 December, on the recommendation of the Special Political Committee, the General Assembly adopted resolution 46/46 E by recorded vote.
Palestine refugees in the Palestinian
territory occupied by Israel since 1967

The General Assembly,

Recalling Security Council resolution 237(1967) of 14 June 1967,

Recalling also its resolutions 2792 C (XXVI) of 6 December 1971, 2963 C (XXVII) of 13 December 1972, 3089 C (XXVIII) of 7 December 1973, 3331 D (XXIX) of 17 December 1974, 3419 C (XXX) of 8 December 1975, 31/15 E of 23 November 1976, 32/90 C of 13 December 1977, 33/112 E of 18 December 1978, 34/52 F of 23 November 1979, 35/13 F of 3 November 1980 36/146 A of 16 December 1981, 37/120 E and I of 16 December 1982, 38/83 E and J of 15 December 1983, 39/99 E and J of 14 December 1984, 40/165 E and J of 16 December 1985, 41/69 E and J of 3 December 1986, 42/69 E and J of 2 December 1987, 43/57 E of 6 December 1988, 44/47 E of 8 December 1989 and 45/73 E of 11 December 1990,

Having considered the report of the Secretary-General,

Having also considered the report of the Commissioner-General of the United Nations Relief and Works Agency for Palestine Refugees in the Near East, covering the period from 1 July 1990 to 30 June 1991,

Recalling the provisions of paragraph 11 of its resolution 194(III) of 11 December 1948, and considering that measures to resettle Palestine refugees in the Palestinian territory occupied by Israel since 1967 away from their homes and property from which they were displaced constitute a violation of their inalienable right of return,

Alarmed by the reports received from the Commissioner-General that the Israeli occupying authorities, in contravention of the obligation of Israel under international law, persist in their policy of demolishing shelters occupied by refugee families,

1. Strongly reiterates its demand that Israel desist from the removal and resettlement of Palestine refugees in the Palestinian territory occupied by Israel since 1967 and from the destruction of their shelters;

2. Requests the Commissioner-General of the United Nations Relief and Works Agency for Palestine Refugees in the Near East to address the acute situation of the Palestine refugees in the Palestinian territory occupied by Israel since 1967 and accordingly to extend all the services of the Agency to those refugees;

3. Requests the Secretary-General, in cooperation with the Commissioner-General, to resume issuing identification cards to all Palestine refugees and their descendants in the occupied Palestinian territory, irrespective of whether or not they are recipients of rations and services of the Agency;

4. Also requests the Secretary-General, after consulting with the Commissioner-General, to report to the General Assembly, before the opening of its forty-seventh session, on the implementation of the present resolution and in particular on the compliance of Israel with paragraph 1 above.


General Assembly resolution 46/46 E
9 December 1991 Meeting 66 143-2 (recorded vote)

Approved by Special Political Committee (A/46/638) by recorded vote (118-2-2), 20 November (meeting 25); 13-nation draft (A/SPC/46/L.16): agenda item 72.

Sponsors: Afghanistan, Bangladesh, Brunei Darussalam, Comoros, Cuba, India, Indonesia, Madagascar, Malaysia, Mali, Pakistan, Yugoslavia, Zambia.

Meeting numbers. GA 46th session: SPC 22-25; plenary 66.

Recorded vote in Assembly as follows:

In favour: Afghanistan, Albania, Algeria, Argentina, Australia, Austria, Bahamas, Bahrain, Bangladesh, Barbados, Belgium, Belize, Benin, Bhutan, Bolivia, Botswana, Brazil, Brunei Darussalam, Bulgaria, Burundi, Cameroon, Canada, Cape Verde, Central African Republic, Chad, Chile, China, Comoros, Congo, Costa Rica, Côte d’Ivoire, Cuba, Cyprus, Czechoslovakia, Democratic People's Republic of Korea, Denmark, Djibouti, Ecuador, Egypt Estonia, Ethiopia, Fiji, Finland, France, Gabon, Gambia, Germany, Greece, Guatemala, Guinea, Guinea-Bissau, Guyana, Haiti, Honduras, Hungary, Iceland, India, Indonesia, Iran, Iraq, Ireland, Italy, Jamaica, Japan, Jordan, Kuwait, Lao People's Democratic Republic, Latvia, Lebanon, Lesotho, Liberia, Libyan Arab Jamahiriya, Liechtenstein, Lithuania, Luxembourg, Madagascar, Malawi, Malaysia, Maldives, Mali, Malta, Marshall Islands, Mauritania, Mauritius, Mexico, Micronesia, Mongolia, Morocco, Mozambique, Myanmar, Namibia, Nepal, Netherlands, New Zealand, Nicaragua, Niger, Nigeria, Norway, Oman, Pakistan, Papua New Guinea, Paraguay, Peru, Philippines, Poland, Portugal, Qatar, Republic of Korea, Romania, Saint Lucia, Saint Vincent and the Grenadines, Samoa, Sao Tome and Principe, Saudi Arabia, Senegal, Seychelles, Sierra Leone, Singapore, Solomon Islands, Somalia, Spain, Sri Lanka, Sudan, Suriname, Swaziland, Sweden, Syrian Arab Republic, Thailand, Togo, Trinidad and Tobago, Tunisia, Turkey, Uganda, Ukraine, United Arab Emirates, United Kingdom, United Republic of Tanzania, Vanuatu, Venezuela, Viet Nam, Yemen, Yugoslavia, Zimbabwe.

Against: Israel, United States.
REFERENCES

(1)A/46/13 & Corr.1 & Add.1. (2)A/45/1000. (3)A/46/622. (4)A/46/5/Add.3. (5)A/46/298. (6)A/46/510. (7)YUN 1986, p. 342. (8)A/46/539. (9)A/46/538. (10)GA res. 45/73 G, 11 Dec. 1990. (11)A/45/466. (12)A/46/537. (13)GA res. 45/73 F, 11 Dec. 1990. (14)A/46/541. (15)GA res. 45/73 K, 11 Dec. 1990. (16)GA res. 45/73 J, 11 Dec. 1990. (17)A/46/540. (18)YUN 1980, p. 443, GA res. 35/13 B, 3 Nov. 1980. (19)A/46/535 (20)GA res. 45/73 D, 11 Dec 1990. (21)A/46/399. (22)GA res. 45/73 H, 11 Dec. 1990. (23)A/45/429. (24)A/46/373. (25)YUN 1948-49, p. 174, GA res. 194(III), 11 Dec. 1948. (26)GA res. 45/73 I, 11 Dec. 1990. (27)A/45/61. (28)A/46/536. (29)GA res. 45/73 E, 11 Dec. 1990. (30)A/45/464. (31)YUN 1985, p. 367.




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