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UNITED
NATIONS
A

        General Assembly
Distr.
GENERAL
A/60/508
30 November 2005

Original: English

Sixtieth session
Agenda item 70



Right of peoples to self-determination


Report of the Third Committee


Rapporteur : Mr. Pedro Cardoso (Brazil)

I. Introduction


1. At its 17th plenary meeting, on 20 September 2005, the General Assembly, on the recommendation of the General Committee, decided to include in the agenda of its sixtieth session the item entitled “Right of peoples to self-determination” and to allocate it to the Third Committee.

2. The Committee held a general discussion on agenda item 70 jointly with item 69 at its 28th, 34th, 35th and 37th meetings, on 28 October and from 7 to 9 November 2005 and considered proposals and took action on item 70 at its 40th and 42nd meetings, on 15 and 17 November 2005. An account of the Committee’s discussion is contained in the relevant summary records (A/C.3/60/SR.34, 35, 37, 40 and 42).

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

(a) Report of the Secretary-General on the right of peoples to self-determination (A/60/268);

(b) Note by the Secretary-General transmitting the report of the Special Rapporteur of the Commission on Human Rights on the question of the use of mercenaries as a means of impeding the exercise of the right of peoples to self-determination (A/60/263);

(c) Note by the Secretariat on the use of mercenaries as a means of violating human rights and impeding the exercise of the right of peoples to self-determination (A/60/319);

(d) Letter dated 5 July 2005 from the representative of Jamaica to the Secretary-General, transmitting the Doha Declaration and Doha Plan of Action adopted by the Second South Summit of the Group of 77, held at Doha from 12 to 16 June 2005 (A/60/111);

(e) Letter dated 17 October 2005 from the representative of Yemen to the Secretary-General, transmitting the final communiqué of the annual coordination meeting of the Ministers for Foreign Affairs of the States members of the Organization of the Islamic Conference, held at United Nations Headquarters on 23 September 2005 (A/60/440-S/2005/658 and Corr.2).

4. At the 28th meeting, on 28 October, the Special Rapporteur of the Commission on Human Rights on the situation of human rights in the Palestinian territories occupied by Israel since 1967 made an introductory statement and engaged in a question-and-answer session with the representatives of Israel, Palestine, the United States of America, the Sudan, Jordan, Egypt, the Syrian Arab Republic, the United Kingdom of Great Britain and Northern Ireland (on behalf of the States Members of the United Nations that are members of the European Union), the Libyan Arab Jamahiriya, Venezuela (Bolivarian Republic of), Cuba and China (see A/C.3/60/SR.28).

5. At the 34th meeting, on 7 November, the Deputy Director of the New York Office of the United Nations High Commissioner for Human Rights made an introductory statement (see A/C.3/60/SR.34).

II. Consideration of proposals

...

B. Draft resolution A/C.3/60/L.62


11. At the 40th meeting, on 15 November, the representative of Egypt, on behalf of Albania, Algeria, Austria, Bahrain, Bangladesh, Belize, China, Cuba, Cyprus, the Democratic People’s Republic of Korea, Djibouti, Egypt, Estonia, Indonesia, Iraq, Jordan, Kenya, Kuwait, the Lao People’s Democratic Republic, Latvia, Lebanon, Lithuania, Luxembourg, Malaysia, Mali, Mauritania, Morocco, Namibia, Nigeria, Oman, Pakistan, Poland, Qatar, San Marino, Saudi Arabia, Senegal, Sierra Leone, South Africa, the Sudan, Switzerland, Tunisia, the United Arab Emirates, Venezuela (Bolivarian Republic of), Yemen, and Palestine, introduced a draft resolution entitled “The right of the Palestinian people to self-determination” (A/C.3/60/L.62).

12. At its 42nd meeting, on 17 November, the Committee was advised that the draft resolution had no programme budget implications.

13. At the same meeting, statements were made by the representatives of Israel, Egypt, the United Kingdom of Great Britain and Northern Ireland (on behalf of the States Members of the United Nations that are members of the European Union) and Spain (see A/C.3/60/SR.42).

14. At the same meeting, the Committee adopted draft resolution A/C.3/60/L.62 by a recorded vote of 162 to 4, with 3 abstentions (see para. 17, draft resolution II). The voting was as follows: 1

In favour:

Afghanistan, Albania, Algeria, Andorra, Antigua and Barbuda, Argentina, Armenia, Austria, Azerbaijan, Bahamas, Bahrain, Bangladesh, Barbados, Belarus, Belgium, Belize, Benin, Bhutan, Bolivia, Bosnia and Herzegovina, Botswana, Brazil, Brunei Darussalam, Bulgaria, Burkina Faso, Burundi, Cambodia, Cameroon, Canada, Cape Verde, Chile, China, Colombia, Comoros, Costa Rica, Côte d’Ivoire, Croatia, Cuba, Cyprus, Czech Republic, Democratic People’s Republic of Korea, Denmark, Djibouti, Dominican Republic, Ecuador, Egypt, El Salvador, Eritrea, Estonia, Ethiopia, Fiji, Finland, France, Gambia, Georgia, Germany, Ghana, Greece, Guatemala, Guinea, Guinea-Bissau, Guyana, Haiti, Honduras, Hungary, Iceland, India, Indonesia, Iran (Islamic Republic of), Iraq, Ireland, Italy, Jamaica, Japan, Jordan, Kazakhstan, Kenya, Kuwait, Kyrgyzstan, Lao People’s Democratic Republic, Latvia, Lebanon, Lesotho, Libyan Arab Jamahiriya, Liechtenstein, Lithuania, Luxembourg, Madagascar, Malawi, Malaysia, Maldives, Mali, Malta, Mauritania, Mauritius, Mexico, Monaco, Mongolia, Morocco, Mozambique, Myanmar, Namibia, Nepal, Netherlands, New Zealand, Niger, Nigeria, Norway, Oman, Pakistan, Panama, Papua New Guinea, Paraguay, Peru, Philippines, Poland, Portugal, Qatar, Republic of Korea, Republic of Moldova, Romania, Russian Federation, Rwanda, Saint Lucia, Samoa, San Marino, Saudi Arabia, Senegal, Serbia and Montenegro, Singapore, Slovakia, Slovenia, Solomon Islands, South Africa, Spain, Sri Lanka, Sudan, Suriname, Sweden, Switzerland, Syrian Arab Republic, Tajikistan, Thailand, the former Yugoslav Republic of Macedonia, Timor-Leste, Togo, Trinidad and Tobago, Tunisia, Turkey, Turkmenistan, 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:

Israel, Marshall Islands, Palau, United States of America.

Abstaining:

Australia, Equatorial Guinea, Tuvalu.

15. After the adoption of the draft resolution, statements were made by the representatives of Venezuela (Bolivarian Republic of), Canada and Argentina and the observer for Palestine (see A/C.3/60/SR.42).

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1The delegations of Grenada and Nicaragua subsequently indicated that, had they been present, they would have voted in favour.

...


III. Recommendations of the Third Committee


17. The Third Committee recommends to the General Assembly the adoption of the following draft resolutions:

...

Draft resolution II
The right of the Palestinian people to self-determination


The General Assembly,

Aware that the development of friendly relations among nations, based on respect for the principle of equal rights and self-determination of peoples, is among the purposes and principles of the United Nations, as defined in the Charter,

Recalling in this regard its resolution 2625 (XXV) of 24 October 1970, entitled “Declaration on Principles of International Law concerning Friendly Relations and Cooperation among States in accordance with the Charter of the United Nations”,

Bearing in mind the International Covenants on Human Rights, 1 the Universal Declaration of Human Rights, 2 the Declaration on the Granting of Independence to Colonial Countries and Peoples 3 and the Vienna Declaration and Programme of Action adopted at the World Conference on Human Rights on 25 June 1993, 4

Recalling the Declaration on the Occasion of the Fiftieth Anniversary of the United Nations, 5

Recalling also the United Nations Millennium Declaration, 6

Recalling further 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 ,7 and noting in particular the reply of the Court, including on the right of peoples to self-determination, which is a right erga omnes,8

Recalling the conclusion of the Court, in its advisory opinion of 9 July 2004, that the construction of the wall by Israel, the occupying Power, in the Occupied Palestinian Territory, including East Jerusalem, along with measures previously taken, severely impedes the right of the Palestinian people to self-determination,

Expressing the urgent need for the resumption of negotiations within the Middle East peace process on its agreed basis and for the speedy achievement of a final settlement between the Palestinian and Israeli sides,

Recalling its resolution 59/179 of 20 December 2004,

Affirming the right of all States in the region to live in peace within secure and internationally recognized borders,

1. Reaffirms the right of the Palestinian people to self-determination, including the right to their independent State of Palestine;

2. Urges all States and the specialized agencies and organizations of the United Nations system to continue to support and assist the Palestinian people in the early realization of their right to self-determination.

Notes

1The delegations of Grenada and Nicaragua subsequently indicated that, had they been present, they would have voted in favour.

2Resolution 2200 A (XXI), annex.

3 Resolution 217 A (III).

4 Resolution 1514 (XV).

5 A/CONF.157/24 (Part I), chap. III.

6 See resolution 50/6.

7 See resolution 55/2.

8 See A/ES-10/273 and Corr.1.

9Ibid., advisory opinion, para. 88.


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