United Nations

A/RES/43/58


General Assembly

Distr. GENERAL  

6 December 1988

ORIGINAL:
ENGLISH



                                                      A/RES/43/58
                                                      71st plenary meeting
                                                      6 December 1988
 
      Report of the Special Committee to Investigate Israeli
      Practices Affecting the Human Rights of the Population
      of the Occupied Territories
                                      A
     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 the continued occupation by Israel, the
occupying Power, and of its persistent policies and practices 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 the Israeli occupation,
 
     Recalling 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 and 43/21 of
3 November 1988,
 
     Recalling also the relevant Security Council resolutions, in particular
resolutions 605 (1987) of 22 December 1987, 607 (1988) of 5 January 1988 and
608 (1988) of 14 January 1988,
 
     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, and by other United Nations organs concerned and the
specialized agencies,
 
     Having considered the report of the Special Committee to Investigate
Israeli Practices Affecting the Human Rights of the Population of the Occupied
Territories, which contains, inter alia, self-incriminating public statements
made by officials of Israel, the occupying Power,
 
     Having also considered the relevant reports of the Secretary-General,
 
     1.   Commends the Special Committee to Investigate Israeli Practices
Affecting the Human Rights of the Population of the Occupied Territories for
its efforts in performing the tasks assigned to it by the General Assembly and
for its thoroughness and impartiality;
 
     2.   Deplores the continued refusal by Israel to allow the Special
Committee access to the occupied territories;
 
     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 civilian population of the occupied Arab
territories;
 
     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 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 territories, including
Jerusalem;
 
     (b)  Imposition of Israeli laws, jurisdiction and administration on the
Syrian Arab Golan, which has resulted in the effective annexation of that
territory;
 
     (c)  Illegal imposition and levy of heavy and disproportionate taxes and
dues;
 
     (d)  Establishment of new Israeli settlements and expansion of the
existing settlements on private and public Arab lands, and transfer of an
alien population thereto;
 
     (e)  Eviction, deportation, expulsion, displacement and transfer of Arab
inhabitants of the occupied territories and denial of their right to return;
 
     (f)  Confiscation and expropriation of private and public Arab property
in the occupied territories and all other transactions for the acquisition of
land involving the Israeli authorities, institutions or nationals on the one
hand and the inhabitants or institutions of the occupied territories on the
other;
 
     (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 Arab houses;
 
     (j)  Collective punishment, mass arrests, administrative detention and
ill-treatment of the Arab population;
 
     (k)  Ill-treatment and torture of persons under detention;
 
     (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 and health development of the population in the Palestinian and other
occupied Arab territories;
 
     (n)  Interference with the freedom of movement of individuals within the
Palestinian and other occupied Arab territories;
 
     (o)  Illegal exploitation of the natural wealth, resources and population
of the occupied territories;
 
     9.   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 since 4 August 1985;
 
     (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, 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)  Usage of toxic gas, which resulted, inter alia, in the killing of
many Palestinians;
 
     10.  Condemns also the Israeli repression against and closing of the
educational institutions in the occupied Syrian Arab Golan, particularly the
prohibition of Syrian textbooks and the Syrian educational system, the
deprivation of Syrian students from pursuing their higher education in Syrian
universities, the denial of the right to return to Syrian students receiving
their higher education in the Syrian Arab Republic, the forcing of Hebrew on
Syrian students, the imposition of courses that promote hatred, prejudice and
religious intolerance, and the dismissal of teachers, all in clear violation
of the Geneva Convention;
 
     11.  Strongly condemns the arming of Israeli settlers in the occupied
territories to commit acts of violence against Palestinian and Arab civilians
and the perpetration of acts of violence by these armed settlers against
individuals, causing death and injury and wide-scale damage to Arab property;
 
     12.  Requests the Security Council to ensure Israel's respect for and
compliance with all the provisions of the Geneva Convention relative to the
Protection of Civilian Persons in Time of War, of 12 August 1949, in the
Palestinian and other Arab territories occupied since 1967, including
Jerusalem, 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, and 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 the occupied territories constitutes a flagrant violation of the
Geneva 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 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;
 
     17.  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 of
Palestinian and Arab workers in the occupied Palestinian and other Arab
territories, including Jerusalem;
 
     18.  Reiterates its call upon all States, in particular those States
parties to the Geneva Convention, in accordance with article 1 of that
Convention, and upon international organizations, including the specialized
agencies, not to recognize any changes carried out by Israel in the occupied
territories and to avoid actions, including those in the field of aid, which
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;
 
     19.  Requests the Special Committee, pending early termination of Israeli
occupation, to continue to investigate Israeli policies and practices in the
Arab territories occupied by Israel since 1967, to consult, as appropriate,
with the International Committee of the Red Cross in order to ensure the
safeguarding of the welfare and human rights of the population of the occupied
territories and to report to the Secretary-General as soon as possible and
whenever the need arises thereafter;
 
     20.  Requests the Special Committee to submit regularly periodic reports
to the Secretary-General on the present situation in the occupied Palestinian
territory;
 
     21.  Requests the Special Committee to continue to investigate the
treatment of civilians in detention in Arab Palestinian and other Arab
territories occupied by Israel since 1967;
 
     22.  Condemns Israel's refusal to permit persons from the occupied
territories to appear as witnesses before the Special Committee and to
participate in conferences and meetings held outside the occupied Palestinian
territory;
 
     23.  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 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 20 above to the States Members of the United Nations;
 
     (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-fourth session on the
tasks entrusted to him in the present resolution;
 
     24.  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 Arab population in the
city;
 
     25.  Decides to include in the provisional agenda of its forty-fourth
session the item entitled "Report of the Special Committee to Investigate
Israeli Practices Affecting the Human Rights of the Population of the Occupied
Territories".
                                      B
     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 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 and 42/160 B of 8 December 1987,
 
     Taking note of the relevant reports of the Secretary-General,
 
     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 Geneva Convention,
 
     Noting that Israel and the concerned Arab States whose territories have
been occupied by Israel since June 1967 are parties to the 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
Palestinian and other Arab territories occupied by Israel since 1967,
including Jerusalem;
 
     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 acknowledge and comply with the
provisions of the Convention in the Palestinian and other Arab territories it
has occupied since 1967, including Jerusalem;
 
     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 Palestinian and other Arab territories occupied by Israel since 1967,
including Jerusalem;
 
     5.   Requests the Secretary-General to report to the General Assembly at
its forty-fourth session on the implementation of the present resolution.
 
                                      C
     The General Assembly,
 
     Recalling Security Council resolution 465 (1980) of 1 March 1980,
 
     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 and 42/160 C of 8 December 1987,
 
     Expressing grave anxiety and concern at the present serious situation in
the Palestinian and other occupied Arab territories, including Jerusalem, 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,
 
     Taking note of the relevant reports of the Secretary-General,
 
     Confirming that the Geneva Convention relative to the Protection of
Civilian Persons in Time of War, of 12 August 1949, is applicable to all
Palestinian and other Arab territories occupied by Israel since June 1967,
including Jerusalem,
 
     1.   Determines that all such measures and actions taken by Israel in the
Palestinian and other Arab territories occupied since 1967, including
Jerusalem, 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, and 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 Palestinian
and other occupied Arab territories, including Jerusalem;
 
     3.   Demands that Israel comply strictly with its international
obligations in accordance with the principles of international law and the
provisions of the Geneva Convention;
 
     4.   Demands once more that Israel, the occupying Power, desist forthwith
from taking any action which would result in changing the legal status,
geographical nature or demographic composition of the Palestinian and other
Arab territories occupied since 1967, including Jerusalem;
 
     5.   Urgently calls upon all States parties to the Geneva Convention to
respect and to exert all efforts in order to ensure respect for and compliance
with its provisions in all Palestinian and other Arab territories occupied by
Israel since 1967, including Jerusalem;
 
     6.   Requests the Secretary-General to report to the General Assembly at
its forty-fourth session on the implementation of the present resolution.
 
                                      D
     The General Assembly,
 
     Recalling Security Council resolution 605 (1987) of 22 December 1987,
 
     Recalling 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 and 43/21 of 3 November 1988,
 
     Taking note of the report of the Special Committee to Investigate Israeli
Practices Affecting the Human Rights of the Population of the Occupied
Territories,
 
     Taking note also of the relevant reports of the Secretary-General,
 
     1.   Deplores the Israeli arbitrary detention or imprisonment of
thousands of Palestinians;
 
     2.   Calls upon Israel, the occupying Power, to release all Palestinians
and Arabs arbitrarily detained and imprisoned as a result of their resistance
against occupation in order to attain self-determination;
 
     3.   Requests the Secretary-General to report to the General Assembly as
soon as possible but not later than the beginning of its forty-fourth session
on the implementation of the present resolution.
 
                                      E
     The General Assembly,
 
     Recalling Security Council resolutions 605 (1987) of 22 December 1987,
607 (1988) of 5 January 1988 and 608 (1988) of 14 January 1988,
 
     Taking note of the relevant reports of the Secretary-General,
 
     Alarmed by the deportation of Palestinians from the occupied Palestinian
territory by the Israeli authorities, especially in 1988,
 
     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 Geneva Convention to the Palestinian
and other Arab territories occupied by Israel since 1967, including Jerusalem,
 
     1.   Strongly deplores the continuing disregard by Israel, the occupying
Power, of the relevant 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 the Israeli authorities in deporting
Palestinians, especially in 1988, 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-fourth session
on the implementation of the present resolution.
 
                                      F
     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 and 43/21 of 3 November 1988,
 
     Having considered the report of the Secretary-General of 26 August 1988,
 
     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
Syrian Arab 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,
 
     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 Arab 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 Syrian Arab Golan are null and
void and 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 to impose forcibly Israeli
citizenship and Israeli identity cards on the Syrian citizens in the occupied
Syrian Arab Golan, and calls upon it to desist from its repressive measures
against the population of the Syrian Arab Golan;
 
     5.   Calls once again upon Member States not to recognize any of the
legislative or administrative measures and actions referred to above;
 
     6.   Requests the Secretary-General to report to the General Assembly at
its forty-fourth session on the implementation of the present resolution.
 
                                      G
     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 at the continued and intensified harassment by Israel,
the occupying Power, against educational institutions in the occupied
Palestinian territories,
 
     Recalling Security Council resolution 605 (1981) of 22 December 1987,
 
     Recalling 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 and 43/21 of 3 November 1988,
 
     Taking note of the relevant reports of the Secretary-General,
 
     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 territories,
 
     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
Palestinian and other Arab territories occupied by Israel since 1967,
including Jerusalem;
 
     2.   Condemns Israeli policies and practices against Palestinian students
and faculties in schools, universities and other educational institutions in
the occupied Palestinian territories, especially the opening of fire on
defenceless students, causing many casualties;
 
     3.   Condemns the systematic Israeli campaign of repression against and
closing of universities, schools and other educational and vocational
institutions in the occupied Palestinian territory, restricting and impeding
the academic activities of Palestinian universities by subjecting the
selection of courses, textbooks and education programmes, the admission of
students and the appointment of faculty members to the control and supervision
of the military occupation authorities, in clear contravention of the Geneva
Convention;
 
     4.   Demands that Israel, the occupying Power, comply with the provisions
of that Convention, rescind all actions and measures 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-fourth session
on the implementation of the present resolution.