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Souveraineté permanente sur leurs ressources naturelles - Rapport de la Deuxième Commission de l’AG, projet de résolution

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Draft resolution adopted on 21 Dec. 2012 by 170 to 7, with 9 abstentions (resolution 67/229).
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UNITED
NATIONS
A

        General Assembly
Distr.
GENERAL
A/67/444
11 December 2012

English
Original: French

Sixty-seventh session
Agenda item 61


Permanent sovereignty of the Palestinian people in the Occupied Palestinian Territory, including East Jerusalem, and of the Arab population in the occupied Syrian Golan over their natural resources


Report of the Second Committee


Rapporteur: Ms. Aida Hodžić (Bosnia and Herzegovina)


I. Introduction

1. At its 2nd plenary meeting, on 21 September 2012, the General Assembly, on the recommendation of the General Committee, decided to include in the agenda of its sixty-seventh session the item entitled “Permanent sovereignty of the Palestinian people in the Occupied Palestinian Territory, including East Jerusalem, and of the Arab population in the occupied Syrian Golan over their natural resources” and to allocate it to the Second Committee.

2. The Second Committee considered the item at its 22nd, 28th and 30th meetings, on 6, 13 and 21 November 2012. An account of the Committee’s discussion of the item is contained in the relevant summary records (A/C.2/67/SR.22, 28 and 30). Attention is also drawn to the general debate held by the Committee at its 2nd to 6th meetings, from 8 to 10 October (see A/C.2/67/SR.2-6).

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

(a) Relevant chapters of the report of the Economic and Social Council for 2012 (A/67/3);1

(b) Note by the Secretary-General transmitting the report prepared by the Economic and Social Commission for Western Asia on the economic and social repercussions of the Israeli occupation on the living conditions of the Palestinian people in the Occupied Palestinian Territory, including East Jerusalem, and the Arab population in the occupied Syrian Golan (A/67/91-E/2012/13);

(c) Identical letters dated 6 September 2012 from the Permanent Representative of the Syrian Arab Republic to the United Nations addressed to the Secretary-General and the President of the Security Council (A/67/358-S/2012/690).

4. At the 22nd meeting, on 6 November, the Deputy Executive Secretary of the Economic and Social Commission for Western Asia made an introductory statement (see A/C.2/67/SR.22).

5. At the same meeting, the Deputy Executive Secretary of the Economic and Social Commission for Western Asia responded to comments made and questions posed by the representative of Tunisia (see A/C.2/67/SR.22).


II. Consideration of draft resolution A/C.2/67/L.33

6. At the 28th meeting, on 13 November, the representative of Egypt, on behalf of Afghanistan, Algeria, Azerbaijan, Bahrain, Bangladesh, Bolivia (Plurinational State of), Brazil, Brunei Darussalam, Burundi, Cuba, the Democratic People’s Republic of Korea, Djibouti, Ecuador, Egypt, Guinea-Bissau, Indonesia, Iraq, Jordan, Kuwait, Lebanon, Libya, Malaysia, Maldives, Mali, Mauritania, Morocco, Nicaragua, the Niger, Oman, Pakistan, Qatar, Saint Vincent and the Grenadines, Saudi Arabia, Senegal, Somalia, South Africa, Sri Lanka, the Sudan, Tunisia, Turkey, the United Arab Emirates, Venezuela (Bolivarian Republic of), Viet Nam, Yemen and Palestine,2 introduced a draft resolution entitled “Permanent sovereignty of the Palestinian people in the Occupied Palestinian Territory, including East Jerusalem, and of the Arab population in the occupied Syrian Golan over their natural resources” (A/C.2/67/L.33). Subsequently, Namibia joined in sponsoring the draft resolution.

7. At its 30th meeting, on 21 November, the Committee was informed that the draft resolution had no programme budget implications.

8. At the same meeting, the Committee adopted draft resolution A/C.2/67/L.33 by a recorded vote of 156 to 5, with 7 abstentions (see para. 12). The voting was as follows:

In favour:
Afghanistan, Albania, Algeria, Andorra, Angola, Antigua and Barbuda, Argentina, Armenia, Austria, Azerbaijan, Bahrain, Bangladesh, Barbados, Belarus, Belgium, Belize, Benin, Bhutan, Bolivia (Plurinational State of), Bosnia and Herzegovina, Brazil, Brunei Darussalam, Bulgaria, Burkina Faso, Burundi, Cambodia, Chile, China, Colombia, Comoros, Congo, Costa Rica, Croatia, Cuba, Cyprus, Czech Republic, Democratic People’s Republic of Korea, Denmark, Djibouti, Dominican Republic, Ecuador, Egypt, Eritrea, Estonia, Ethiopia, Fiji, Finland, France, Georgia, Germany, Greece, Grenada, Guatemala, Guinea, Guyana, Haiti, Hungary, Iceland, India, Indonesia, Iran (Islamic Republic of), Iraq, Ireland, Italy, Jamaica, Japan, Jordan, Kazakhstan, Kuwait, Kyrgyzstan, Lao People’s Democratic Republic, Latvia, Lebanon, Lesotho, Libya, Liechtenstein, Lithuania, Luxembourg, Madagascar, Malaysia, Maldives, Mali, Malta, Mauritania, Mauritius, Mexico, Monaco, Mongolia, Montenegro, Morocco, Myanmar, Namibia, Nepal, Netherlands, New Zealand, Nicaragua, Niger, Nigeria, Norway, Oman, Pakistan, Paraguay, Peru, Philippines, Poland, Portugal, Qatar, Republic of Korea, Republic of Moldova, Romania, Russian Federation, Saint Lucia, Saint Vincent and the Grenadines, Samoa, San Marino, Sao Tome and Principe, Saudi Arabia, Senegal, Serbia, Sierra Leone, Singapore, Slovakia, Slovenia, Solomon Islands, Somalia, South Africa, Spain, Sri Lanka, Sudan, Suriname, Swaziland, Sweden, Switzerland, Syrian Arab Republic, Tajikistan, Thailand, the former Yugoslav Republic of Macedonia, Timor-Leste, Togo, Trinidad and Tobago, Tunisia, Turkey, Turkmenistan, Tuvalu, Uganda, Ukraine, United Arab Emirates, United Kingdom of Great Britain and Northern Ireland, United Republic of Tanzania, Uruguay, Uzbekistan, Venezuela (Bolivarian Republic of), Viet Nam, Yemen, Zambia, Zimbabwe.

Against:
Canada, Israel, Marshall Islands, Micronesia (Federated States of), United States of America.

Abstaining:
Australia, Cameroon, Côte d’Ivoire, El Salvador, Honduras, Panama, Papua New Guinea.

9. After the vote, a statement in explanation of vote was made by the representative of Israel (see A/C.2/67/SR.30).

10. Also at the 30th meeting, a statement was made by the observer for Palestine (see A/C.2/67/SR.30).

11. At the same meeting, statements in exercise of the right of reply were made by the representative of Israel and the observer for Palestine.

III. Recommendation of the Second Committee

12. The Second Committee recommends to the General Assembly the adoption of the following draft resolution:

Permanent sovereignty of the Palestinian people in the Occupied Palestinian Territory, including East Jerusalem, and of the Arab population in the occupied Syrian Golan over their natural resources

The General Assembly,

Recalling its resolution 66/225 of 22 December 2011, and taking note of Economic and Social Council resolution 2012/23 of 26 July 2012,

Recalling also its resolutions 58/292 of 6 May 2004 and 59/251 of 22 December 2004,

Reaffirming the principle of the permanent sovereignty of peoples under foreign occupation over their natural resources,

Guided by the principles of the Charter of the United Nations, affirming the inadmissibility of the acquisition of territory by force, and recalling relevant Security Council resolutions, including resolutions 242 (1967) of 22 November 1967, 465 (1980) of 1 March 1980 and 497 (1981) of 17 December 1981,

Recalling its resolution 2625 (XXV) of 24 October 1970,

Reaffirming the applicability of the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949,3 to the Occupied Palestinian Territory, including East Jerusalem, and other Arab territories occupied by Israel since 1967,

Recalling, in this regard, the International Covenant on Civil and Political Rights4 and the International Covenant on Economic, Social and Cultural Rights,4 and affirming that these human rights instruments must be respected in the Occupied Palestinian Territory, including East Jerusalem, as well as in the occupied Syrian Golan,

Recalling also the advisory opinion rendered on 9 July 2004 by the International Court of Justice on the Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory,5 and recalling further its resolutions ES-10/15 of 20 July 2004 and ES-10/17 of 15 December 2006,

Expressing its concern about the exploitation by Israel, the occupying Power, of the natural resources of the Occupied Palestinian Territory, including East Jerusalem, and other Arab territories occupied by Israel since 1967,

Expressing its grave concern about the extensive destruction by Israel, the occupying Power, of agricultural land and orchards in the Occupied Palestinian Territory, including the uprooting of a vast number of fruit-bearing trees and the destruction of farms and greenhouses, and the grave environmental and economic impact in this regard,

Expressing its concern about the widespread destruction caused by Israel, the occupying Power, to vital infrastructure, including water pipelines and sewage networks, in the Occupied Palestinian Territory, in particular in the Gaza Strip in the recent period, which, inter alia, pollutes the environment and negatively affects the water supply and other natural resources of the Palestinian people,

Taking note, in this regard, of the 2009 report by the United Nations Environment Programme regarding the grave environmental situation in the Gaza Strip,6 and stressing the need for follow-up to the recommendations contained therein,

Aware of the detrimental impact of the Israeli settlements on Palestinian and other Arab natural resources, especially as a result of the confiscation of land and the forced diversion of water resources, including the destruction of orchards and crops and the seizure of water wells by Israeli settlers, and of the dire socioeconomic consequences in this regard,

Aware also of the detrimental impact on Palestinian natural resources being caused by the unlawful construction of the wall by Israel, the occupying Power, in the Occupied Palestinian Territory, including in and around East Jerusalem, and of its grave effect as well on the economic and social conditions of the Palestinian people,

Reaffirming the need for the resumption and accelerated advancement of negotiations within the Middle East peace process, on the basis of Security Council resolutions 242 (1967), 338 (1973) of 22 October 1973, 425 (1978) of 19 March 1978 and 1397 (2002) of 12 March 2002, the principle of land for peace, the Arab Peace Initiative7 and the Quartet performance-based road map to a permanent two-State solution to the Israeli-Palestinian conflict,8 as endorsed by the Security Council in its resolution 1515 (2003) of 19 November 2003 and supported by the Council in its resolution 1850 (2008) of 16 December 2008, for the achievement of a final peace settlement on all tracks,

Stressing in this regard the need for respect for the obligation upon Israel under the road map to freeze settlement activity, including so-called “natural growth”, and to dismantle all settlement outposts erected since March 2001,

Stressing also the need for respect and preservation of the territorial unity, contiguity and integrity of all of the Occupied Palestinian Territory, including East Jerusalem,

Recalling the need to end all acts of violence, including acts of terror, provocation, incitement and destruction,

Taking note of the note by the Secretary-General transmitting the report prepared by the Economic and Social Commission for Western Asia on the economic and social repercussions of the Israeli occupation on the living conditions of the Palestinian people in the Occupied Palestinian Territory, including East Jerusalem, and of the Arab population in the occupied Syrian Golan,9

1. Reaffirms the inalienable rights of the Palestinian people and of the population of the occupied Syrian Golan over their natural resources, including land, water and energy resources;

2. Demands that Israel, the occupying Power, cease the exploitation, damage, cause of loss or depletion, and endangerment of the natural resources in the Occupied Palestinian Territory, including East Jerusalem, and in the occupied Syrian Golan;

3. Recognizes the right of the Palestinian people to claim restitution as a result of any exploitation, damage, loss or depletion, or endangerment of their natural resources resulting from illegal measures taken by Israel, the occupying Power, and Israeli settlers in the Occupied Palestinian Territory, including East Jerusalem, and expresses the hope that this issue will be dealt with within the framework of the final status negotiations between the Palestinian and Israeli sides;

4. Stresses that the wall and settlements being constructed by Israel in the Occupied Palestinian Territory, including in and around East Jerusalem, are contrary to international law and are seriously depriving the Palestinian people of their natural resources, and calls in this regard for full compliance with the legal obligations affirmed in the 9 July 2004 advisory opinion of the International Court of Justice3 and in relevant United Nations resolutions, including General Assembly resolution ES-10/15;

5. Calls upon Israel, the occupying Power, to comply strictly with its obligations under international law, including international humanitarian law, with respect to the alteration of the character and status of the Occupied Palestinian Territory, including East Jerusalem;

6. Also calls upon Israel, the occupying Power, to cease all actions harming the environment, including the dumping of all kinds of waste materials in the Occupied Palestinian Territory, including East Jerusalem, and in the occupied Syrian Golan, which gravely threaten their natural resources, namely water and land resources, and which pose an environmental, sanitation and health threat to the civilian populations;

7. Further calls upon Israel to cease its destruction of vital infrastructure, including water pipelines and sewage networks, which, inter alia, has a negative impact on the natural resources of the Palestinian people;

8. Requests the Secretary-General to report to the General Assembly at its sixty-eighth session on the implementation of the present resolution, including with regard to the cumulative impact of the exploitation, damage and depletion by Israel of natural resources in the Occupied Palestinian Territory, including East Jerusalem, and in the occupied Syrian Golan, and decides to include in the provisional agenda of its sixty-eighth session the item entitled “Permanent sovereignty of the Palestinian people in the Occupied Palestinian Territory, including East Jerusalem, and of the Arab population in the occupied Syrian Golan over their natural resources”.



Notes

1For the final text, see Official Records of the General Assembly, Sixty-seventh Session, Supplement No. 3 (A/67/3/Rev.1).
2In accordance with General Assembly resolution 52/250.
3 United Nations, Treaty Series, vol. 75, No. 973.
4 See resolution 2200 A (XXI), annex.
5See A/ES-10/273 and Corr.1; see also Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory, Advisory Opinion, I.C.J. Reports 2004, p. 136.
6 Environmental Assessment of the Gaza Strip following the Escalation of Hostilities in December 2008-January 2009 (United Nations publication, Sales No. E.09.III.D.30).
7 A/56/1026-S/2002/932, annex II, resolution 14/221.
8S/2003/529, annex.
9A/67/91-E/2012/13.


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