Right of the Palestinian people to self-determination – Third Cttee report (excerpts), draft resolution

Right of peoples to self-determination

Report of the Third Committee

Rapporteur: Ms. Elena Molaroni (San Marino)

I. Introduction

1. At its 2nd plenary meeting, on 13 September 2006, the General Assembly, on the recommendation of the General Committee, decided to include in the agenda of its sixty-first session the item entitled “Right of peoples to self-determination” and to allocate it to the Third Committee.

2. The Third Committee held a general discussion on agenda item 66 jointly with item 65 at its 38th to 40th meetings, on 6 and 7 November 2006 and considered proposals and took action on item 66 at its 43rd, 45th, 46th and 49th meetings, on 9, 13, 16 and 20 November. An account of the Committee’s discussion is contained in the relevant summary records (A/C.3/61/SR.38-40, 43, 45, 46 and 49).

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

(a) Report of the Secretary-General on the universal realization of the right of peoples to self-determination (A/61/333);

(b) Note by the Secretary-General transmitting the report of the Working Group 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/61/341).

4. At the 38th meeting, the Officer-in-Charge of the New York Office of the United Nations High Commissioner for Human Rights made an introductory statement (see A/C.3/61/SR.38).

5. At the same meeting, the Chairperson of the Working Group on the use of mercenaries as a means of violating human rights and impeding the exercise of the right of peoples to self-determination made a presentation and engaged in a dialogue with the representatives of Ecuador and Cuba (see A/C.3/61/SR.38).

II. Consideration of proposals

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C. Draft resolution A/C.3/61/L.51

14. At the 43rd meeting, on 9 November, the representative of Egypt, on behalf of Algeria, Andorra, Armenia, Austria, Bahrain, Bangladesh, Barbados, Belarus, Belize, Belgium, Brunei Darussalam, Bulgaria, China, the Comoros, Costa Rica, Cuba, Cyprus, the Democratic People’s Republic of Korea, the Democratic Republic of the Congo, Djibouti, Egypt, Eritrea, Ethiopia, Estonia, Finland, France, Greece, Guinea, Guyana, Hungary, India, Indonesia, Iraq, Ireland, Jamaica, Jordan, Kuwait, the Lao People’s Democratic Republic, Latvia, Lebanon, Liechtenstein, Lithuania, Luxembourg, Malaysia, Mali, Malta, Mauritania, Morocco, Namibia, the Niger, Nigeria, Oman, Pakistan, Poland, Portugal, Qatar, Romania, Saint Lucia, San Marino, Saudi Arabia, Senegal, Slovenia, Somalia, South Africa, the Sudan, Sweden, Switzerland, Tunisia, the United Arab Emirates, Venezuela (Bolivarian Republic of), Yemen, Zimbabwe and Palestine, introduced a draft resolution entitled “The right of the Palestinian people to self-determination” (A/C.3/61/L.51). Subsequently, Afghanistan, Albania, Angola, Azerbaijan, Benin, Bosnia and Herzegovina, Botswana, Brazil, Croatia, Burkina Faso, Cape Verde, the Central African Republic, the Congo, Côte d’Ivoire, Ecuador, the Gambia, Iceland, Kenya, Lesotho, Liberia, the Libyan Arab Jamahiriya, Madagascar, Maldives, Mali, Moldova, Monaco, Mozambique, Myanmar, Norway, Saint Vincent and the Grenadines, Sierra Leone, Slovakia, Spain, Sri Lanka, Suriname, Timor-Leste, Togo, Turkey, Ukraine, Uzbekistan, Viet Nam and Zambia joined in sponsoring the draft resolution.

15. At its 46th meeting, on 16 November, the Committee was advised that the draft resolution had no programme budget implications.

16. At the same meeting, the representative of the United States of America made a statement and requested a recorded vote on the draft resolution (see A/C.3/61/SR.46).

17. Also at the same meeting, the Committee adopted draft resolution A/C.3/61/L.51 by a recorded vote of 162 to 4, with 4 abstentions (see para. 21, draft resolution III). The voting was as follows:¹

In favour:

Afghanistan, Albania, Algeria, Andorra, Angola, 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, Cape Verde, Central African Republic, Chile, China, Colombia, Comoros, Congo, Costa Rica, Côte d’Ivoire, Croatia, Cuba, Cyprus, Czech Republic, Democratic People’s Republic of Korea, Democratic Republic of the Congo, Denmark, Djibouti, Dominican Republic, Ecuador, Egypt, El Salvador, Eritrea, Estonia, Ethiopia, Fiji, Finland, France, Gabon, Gambia, Germany, Ghana, Greece, Grenada, Guatemala, Guyana, 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, Liberia, Libyan Arab Jamahiriya, Liechtenstein, Lithuania, Luxembourg, Madagascar, Malawi, Malaysia, Maldives, Mali, Malta, Mauritania, Mauritius, Mexico, Moldova, Monaco, Mongolia, Montenegro, Morocco, Mozambique, Myanmar, Namibia, Nepal, Netherlands, New Zealand, Niger, Nigeria, Norway, Oman, Pakistan, Panama, Paraguay, Peru, Philippines, Poland, Portugal, Qatar, Republic of Korea, Romania, Russian Federation, Saint Lucia, Saint Vincent and the Grenadines, San Marino, Saudi Arabia, Senegal, Serbia, Sierra Leone, Singapore, Slovakia, Slovenia, 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, Uganda, 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, Micronesia (Federated States of), Palau, United States of America.

Abstaining:

Australia, Canada, Georgia, Haiti.

18. Before the vote, statements were made by the representatives of Finland (on behalf of the States Members of the United Nations that are members of the European Union) and Israel; after the vote, statements were made by the representatives of Argentina, the United States of America, Australia, Canada and the Libyan Arab Jamahiriya (see A/C.3/61/SR.46).

19. At the same meeting, the observer for Palestine made a statement (see A/C.3/61/SR.46).

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¹The delegations of Rwanda and Ukraine stated that, had they been present, they would have voted in favour.

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III. Recommendations of the Third Committee

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

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Draft resolution III

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 Peoples³ 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,⁹

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 just, lasting and comprehensive peace settlement between the Palestinian and Israeli sides,

Recalling its resolution 60/146 of 16 December 2005,

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.

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¹Resolution 2200 A (XXI), annex.

²Resolution 217 A (III).

³Resolution 1514 (XV).

⁴A/CONF.157/24 (Part I), chap. III. 

⁵See resolution 50/6. 

⁶See resolution 55/2. 

⁷See A/ES-10/273 and Corr.1.

⁸Ibid., advisory opinion, para. 88. 

⁹Ibid., para. 122. 

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