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UNITED
NATIONS
E

        Economic and Social Council
Distr.
LIMITED
E/CN.4/2005/L.2
15 March 2005

Original: ENGLISH

COMMISSION ON HUMAN RIGHTS
Sixty-first session
Agenda item 8



QUESTION OF THE VIOLATION OF HUMAN RIGHTS IN THE
OCCUPIED ARAB TERRITORIES, INCLUDING PALESTINE

Libyan Arab Jamahiriya (on behalf of the Arab Group)*, Palestine*
and Egypt: draft resolution


2005/… Israeli settlements in the Occupied Palestine Territory,
including East Jerusalem, and the occupied Syrian Golan


The Commission on Human Rights ,

Guided by the principles of the Charter of the United Nations, and affirming the inadmissibility of the acquisition of territory by force,

Recalling the relevant resolutions of the General Assembly, and taking note of resolution 59/123 of 10 December 2004, as well as those resolutions adopted at the tenth emergency special session of the Assembly,


Recalling also relevant Security Council resolutions, including resolutions 242 (1967) of 22 November 1967, 446 (1979) of 22 March 1979, 465 (1980) of 1 March 1980, 476 (1980) of 30 June 1980, 478 (1980) of 20 August 1980, 497 (1981) of 17 December 1981, and 904 (1994) of 18 March 1994,

Reaffirming 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 East Jerusalem, and to the occupied Syrian Golan,

Considering that the transfer by the occupying Power of parts of its own civilian population into the territory it occupies constitutes a breach of the Fourth Geneva Convention and relevant provisions of customary law, including those codified in Additional Protocol I to the Geneva Conventions,

Recalling 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 , and recalling also General Assembly resolution ES-10/15 of 20 July 2004,

Noting that the Court concluded that “the Israeli settlements in the Occupied Palestinian Territory (including East Jerusalem) have been established in breach of international law”,

Taking note of the recent report of the Special Rapporteur of the Commission on Human Rights on the situation of human rights in the Palestinian territories occupied by Israel since 1967 (E/CN.4/2005/29 and Add.1),

Recalling the Declaration of Principles on Interim Self-Government Arrangements of 13 September 1993 and the subsequent implementation agreements between the Palestinian and Israeli sides,

Recalling also the Quartet road map to a permanent two-State solution to the Israeli-Palestinian conflict (S/2003/529, annex), and noting specifically its call for a freeze on all settlement activity,


Aware that Israeli settlement activities have involved, inter alia, the transfer of nationals of the occupying Power into the occupied territories, the confiscation of land, the exploitation of natural resources to the detriment of Palestinian villages and towns and other illegal actions against the Palestinian civilian population,

Expressing grave concern about the continuation by Israel, the occupying Power, of settlement activities, and the de facto annexation of land in violation of international humanitarian law, relevant United Nations resolutions and the agreements reached between the parties,

Emphasizing that Israel, the occupying Power, should observe relevant Security Council and General Assembly resolutions, the provisions of the Geneva Conventions of 12 August 1949, all agreements signed with the Palestinian side and the Quartet road map in its implementation of its disengagement plan,

Expressing grave concern about the continuing unlawful construction by Israel of the wall inside the Occupied Palestinian Territory, including in and around East Jerusalem, and expressing its concern in particular about the route of the wall in departure from the Armistice Line of 1949, which could prejudge future negotiations and make the two-State solution physically impossible to implement and which is causing the Palestinian people further humanitarian hardship,

Deeply concerned that the wall’s route has been traced in such a way as to include the great majority of the Israeli settlements in the Occupied Palestinian Territory, including East Jerusalem,

Gravely concerned about the dangerous situation resulting from actions taken by the illegal armed Israeli settlers in the occupied territory,

Taking note of the relevant reports of the Secretary-General, the latest of which is A/59/381,

1. Reaffirms that Israeli settlements in the Palestinian territory, including East Jerusalem, and in the occupied Syrian Golan are illegal and an obstacle to peace and economic and social development;

2. Calls upon Israel to accept the de jure 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 East Jerusalem, and to the occupied Syrian Golan and to abide scrupulously by the provisions of the Convention, in particular article 49;

3. Reiterates its demand for the complete cessation of all Israeli settlement activities, and any Israeli activities associated with the expansion and erection of settlements, in the Occupied Palestinian Territory, including East Jerusalem, and in the occupied Syrian Golan, and calls for the full implementation of the relevant Security Council resolutions;

4. Calls upon States Members of the United Nations to promote respect for international law under their obligation as parties to the Fourth Geneva Convention, with regard to penal sanctions, grave breaches and responsibilities of the High Contracting Parties and, in this regard, urges them to deny access to their markets to all Israeli products originating in Israeli settlements in the Occupied Palestinian Territory, including East Jerusalem, and in the occupied Syrian Golan, and to identify and disseminate information on these products;

5. Demands that Israel, the occupying Power, comply with its legal obligations, as mentioned in the advisory opinion rendered on 9 July 2004 by the International Court of Justice;

6. Stresses the need for full implementation of Security Council resolution 904 (1994), in which, among other things, the Council called upon Israel, the occupying Power, to continue to take and implement measures, including confiscation of arms, with the aim of preventing illegal acts of violence by Israeli settlers and called for measures to be taken to guarantee the safety and protection of the Palestinian civilians in the occupied territory;

7. Reiterates its calls for the prevention of all acts of violence by Israeli settlers against Palestinian civilians and properties;

8. Decides to continue its consideration of this question at its sixty-second session.



_____________

* In accordance with rule 69, paragraph 3, of the rules of procedure of the functional commissions of the Economic and Social Council.



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