United Nations

A/RES/40/165


General Assembly

Distr. GENERAL  

16 December 1985

ORIGINAL:
ENGLISH



                                                       A/RES/40/165
                                                       16 December 1985
                                                       117th plenary meeting
 
              United Nations Relief and Works Agency for
              Palestine Refugees in the Near East
 
                                A
                 Assistance to Palestine refugees
 
     The General Assembly,
 
     Recalling its resolution 39/99 A of 14 December 1984 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 1984 to 30 June 1985,
 
     1.   Notes with deep regret 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.   Expresses its deep appreciation to the former Commissioner-General,
Mr. Olof Rydbeck, for his many years of effective service to the Agency and
his dedication to the welfare of the refugees;
 
     4.   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;
 
     5.   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 1986;
 
     6.   Directs attention to the continuing seriousness of the financial
position of the Agency, as outlined in the report of the Commissioner-General;
 
     7.   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;
 
     8.   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.
                                      B
       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, 2964 (XXVII) of
13 December 1972, 3090 (XXVIII) of 7 December 1973, 3330 (XXIX) of
17 December 1974, 3419 D (XXX) of 8 December 1975, 31/15 C of
23 November 1976, 32/90 D of 13 December 1977, 33/112 D of 18 December 1978,
34/52 D of 23 November 1979, 35/13 D of 3 November 1980, 36/146 E of
16 December 1981, 37/120 A of 16 December 1982, 38/83 B of 15 December 1983
and 39/99 B of 14 December 1984,
 
     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 on the Financing of the
United Nations Relief and Works Agency for Palestine Refugees in the Near
East,
 
     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 1984 to 30 June 1985,
 
     Gravely concerned at the critical financial situation of the Agency,
which has already reduced the essential minimum services being provided to the
Palestine refugees and which threatens even greater reductions in the future,
 
     Emphasizing the urgent need for extraordinary efforts in order to
maintain, at least at their present minimum level, the activities of the
Agency,
 
     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 Agency's financial security;
 
     2.   Takes note with approval of the report of the Working Group;
 
     3.   Requests the Working Group to continue its efforts, in co-operation
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.
 
                                      C
              Assistance to persons displaced as a result of the
                     June 1967 and subsequent hostilities
 
     The General Assembly,
 
     Recalling its resolution 39/99 C of 14 December 1984 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 l July 1984 to 30 June 1985,
 
     Concerned about the continued human suffering resulting from the
hostilities in the Middle East,
 
     1.   Reaffirms its resolution 39/99 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 a 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.
 
                                      D
       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
and 39/99 D of 14 December 1984,
 
     Cognizant of the fact that the Palestine refugees have, for the last
three decades, lost their lands and means of livelihood,
 
     Having examined the report of the Secretary-General,
 
     Having also examined 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 1984 to 30 June 1985,
 
     1.   Urges all States to respond to the appeal contained in General
Assembly resolution 32/90 F of 13 December 1977 in a manner commensurate with
the needs of Palestine refugees for higher education and 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 General
Assembly resolution 39/99 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
territories 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 United Nations Relief and Works Agency for Palestine
Refugees in the Near East to act as the recipient and trustee for such special
allocations 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-first session on the implementation of the present resolution.
 
                                      E
                     Palestine refugees in the Gaza Strip
 
     The General Assembly,
 
     Recalling Security Council resolution 237 (1967) of 14 June 1967,
 
     Recalling also General Assembly 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 of 16 December 1982,
38/83 E of 15 December 1983 and 39/99 E of 14 December 1984,
 
     Having 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 l July 1984 to 30 June 1985, and the report of the
Secretary-General,
 
     Recalling the provisions of paragraph ll of its resolution 194 (III) of
11 December 1948 and considering that measures to resettle Palestine refugees
in the Gaza Strip away from the 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 Israel's obligation under
international law, persist in their policy of demolishing shelters occupied by
refugee families,
 
     1.   Reiterates strongly its demand that Israel desist from the removal
and resettlement of Palestine refugees in the Gaza Strip and from the
destruction of their shelters;
 
     2.   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-first session, on Israel's compliance with
paragraph 1 above.
                                      F
         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 and
all its previous resolutions on the question, including resolution 302 (IV) of
8 December 1949,
 
     Having 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 1984 to 30 June 1985, and the report of the
Secretary-General,
 
     Deeply concerned at 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 and 39/99 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 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-first
session on the implementation of the present resolution.
 
                                      G
                 Population and refugees displaced since 1967
 
     The General Assembly,
 
     Recalling Security Council resolution 237 (1967) of 14 June 1967,
 
     Recalling also General Assembly 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 and 39/99 G of 14 December 1984,
 
     Having 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 1984 to 30 June 1985, and the report of the
Secretary-General,
 
     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
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-first session on Israel's compliance with paragraph 4
above.
                                      H
              Revenues derived from Palestine refugee 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 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 1984 to
31 August 1985,
 
     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 from their property, 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 again upon Israel to render all facilities and assistance
to the Secretary-General in the implementation of the present resolution;
 
     3.   Calls upon all other Governments of 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 Israel's refusal to co-operate 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-first session on the implementation of the present resolution.
 
                                      I
                       Protection of Palestine refugees
 
     The General Assembly,
 
     Recalling Security Council resolutions 508 (1982) of 5 June 1982,
509 (l982) of 6 June 1982, 511 (1982) of 18 June 1982, 512 (1982) of
19 June l982, 513 (1982) of 4 July 1982, 515 (1982) of 29 July 1982,
517 (l982) of 4 August 1982, 518 (1982) of 12 August 1982, 519 (1982) of
17 August 1982, 520 (1982) of 17 September 1982 and 523 (1982) of
18 October 1982,
 
     Recalling General Assembly 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 and 39/99 I of 14 December 1984,
 
     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 l July 1984 to 30 June 1985,
 
     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,
 
     Taking into consideration the marked deterioration in the security
situation experienced by the refugees living in the Gaza Strip as reported by
the Commissioner-General in his statement of 4 November 1985,
 
     Deeply concerned at the lack of security for the Palestine refugees in
the Palestinian and other Arab territories occupied since 1967, including
Jerusalem, resulting in scores of violent deaths, woundings, kidnappings,
disappearances, evictions in the face of threats, explosions and arsons,
 
     Deeply distressed at the sufferings of the Palestinians resulting from
the Israeli invasion of Lebanon,
 
     Reaffirming its support for the sovereignty, unity and territorial
integrity of Lebanon, within its internationally recognized boundaries,
 
     1.   Urges the Secretary-General, in consultation with the United Nations
Relief and Works Agency for Palestine Refugees in the Near East, to undertake
effective measures to guarantee the safety and security and the legal and
human rights of the Palestine refugees in all the territories under Israeli
occupation in 1967 and thereafter;
 
     2.   Holds Israel responsible for the security of the Palestine refugees
in the Palestinian and other Arab territories occupied since 1967, including
Jerusalem, 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;
 
     3.   Calls once again upon Israel, the occupying Power, to release
forthwith all detained Palestine refugees, including the employees of the
United Nations Relief and Works Agency for Palestine Refugees in the Near
East;
 
     4.   Urges the Commissioner-General to provide housing, in consultation
with the Government of Lebanon, to the Palestine refugees whose houses were
demolished or razed by the Israeli forces;
 
     5.   Calls once again upon Israel to compensate the Agency for the damage
to its property and facilities resulting from the Israeli invasion of Lebanon,
without prejudice to Israel's responsibility for all damages resulting from
that invasion;
 
     6.   Requests the Secretary-General, in consultation with the
Commissioner-General, to report to the General Assembly, before the opening of
its forty-first session, on the implementation of the present resolution.
 
                                      J
                     Palestine refugees in the West Bank
 
     The General Assembly,
 
     Recalling Security Council resolution 237 (1967) of 14 June 1967,
 
     Recalling also General Assembly resolutions 38/83 J of 15 December 1983
and 39/99 J of 14 December 1984,
 
     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 1984 to 30 June 1985,
 
     Alarmed by Israel's plans to remove and resettle the Palestine refugees
of the West Bank and to destroy their camps,
 
     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 West Bank away from the homes and property from which they were
displaced constitute a violation of their inalienable right of return,
 
     1.   Calls once again upon Israel to abandon its plans and to refrain
from the removal, and from any action that may lead to the removal and
resettlement, of Palestine refugees in the West Bank and from the destruction
of their camps;
 
     2.   Requests the Secretary-General, in co-operation with the
Commissioner-General of the United Nations Relief and Works Agency for
Palestine Refugees in the Near East, to keep the matter under close
supervision and to report to the General Assembly, before the opening of its
forty-first session, on any developments regarding this matter.
 
                                      K
           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 and 39/99 K of 14 December 1984,
 
     Having examined the report of the Secretary-General on the question of
the establishment of a university at Jerusalem,
 
     Having also examined 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 1984 to 30 June 1985,
 
     1.   Commends the constructive efforts made by the Secretary-General, the
Commissioner-General of the United Nations Relief and Works Agency for
Palestine Refugees in the Near East, the Council of the United Nations
University and the United Nations Educational, Scientific and Cultural
Organization, which worked diligently towards the implementation of General
Assembly resolution 38/83 D of 15 December 1983 and other relevant
resolutions;
 
     2.   Further commends the close co-operation of the competent educational
authorities concerned;
 
     3.   Emphasizes the need for strengthening the educational system in the
Arab territories occupied since 5 June 1967, including Jerusalem, and
specifically the need for the establishment of the proposed university;
 
     4.   Requests the Secretary-General to continue to take all necessary
measures for establishing the University of Jerusalem, "Al-Quds", in
accordance with General Assembly resolution 35/13 B of 3 November 1980, giving
due consideration to the recommendations consistent with the provisions of
that resolution;
 
     5.   Calls upon Israel, the occupying Power, to co-operate in the
implementation of the present resolution and to remove the hindrances which it
has put in the way of establishing the University of Jerusalem;
 
     6.   Requests the Secretary-General to report to the General Assembly at
its forty-first session on the progress made in the implementation of the
present resolution.