NAM ministerial meeting – Final document/Declaration on Palestine – Letter from Malaysia (excerpts)

    Letter dated 1 August 2006 from the Permanent Representative of Malaysia to the United Nations addressed to the Secretary-General

 

   I have the honour, in Malaysia’s capacity as Chair of the Non-Aligned Movement, to transmit herewith the text of the Final Document (annex I), the Declaration on Palestine (annex II), the statement on the Islamic Republic of Iran’s nuclear issue (annex III), the statement on the earthquake in Indonesia (annex IV) and the Putrajaya Declaration (annex V), adopted by the Coordinating Bureau of the Non-Aligned Movement at its Ministerial Meeting, held in Putrajaya, Malaysia, from 27 to 30 May 2006.

  I should be grateful if you would arrange to have the text of the present letter and its annexes circulated as a document of the General Assembly, under agenda items 9, 10, 12, 14, 15, 17, 26, 29, 30, 31, 32, 36, 38, 41, 42, 43, 44, 52, 54, 55, 57, 64, 66, 67, 68, 69, 70, 71, 73, 74, 81, 82, 83, 84, 87, 90, 91, 94, 95, 96, 97, 98, 99, 100, 101, 103, 104, 105, 106, 107, 115, 116, 117, 118, 119, 123, 124, 126 and 136, and of the Security Council.

 

 

(Signed) Hamidon Ali

Ambassador

Permanent Representative of Malaysia to the United Nations

 

 

 

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   Annex I

 

 

  

FINAL DOCUMENT

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CHAPTER II:

REGIONAL AND SUB-REGIONAL POLITICAL ISSUES

Middle East

Peace Process

122. The Ministers reaffirmed their support for the Middle East peace process based on Security Council resolutions 242, 338, 425, 1397 and 1515 and on the principle of land for peace. They rejected attempts to alter the terms of reference of the peace process and further rejected the imposition of unilateral measures and plans aimed at imposing an unlawful unilateral solution by Israel, the occupying Power. They stressed the need for a resumption of direct and substantial negotiations between the parties for the achievement of a comprehensive, just lasting and peaceful settlement, based on the relevant UN resolutions and in accordance with the rules and principles of international law enshrined therein. In this regard, they reiterated the necessity and urgency of ending the prolonged and unlawful Israeli occupation of all of the Arab territories occupied since 1967. They further reaffirmed their long-standing position in support of the establishment of the independent State of Palestine in all of the Palestinian Territory occupied by Israel in 1967, including East Jerusalem as its capital.

123. The Ministers accordingly called for the intensification of efforts by the international community for a revival of the peace process and for ensuring respect of international law, including international humanitarian law and human rights law. They stressed the need for the urgent resumption of the peace process on all tracks in the Middle East towards the attainment of a comprehensive peace and regional stability . They further stressed in specific the roles and responsibilities undertaken by the Quartet and called upon the Quartet to exert serious efforts and actions to bring about a resumption of negotiations between the Israeli and Palestinian sides towards the honest and good-will implementation of the Road Map for the achievement of a permanent two-State solution to the Israeli-Palestinian conflict. They called upon the Quartet to engage the Security Council, considering the Council's Charter authority and responsibility for the maintenance of international peace and security. They reaffirmed their support for the Arab Peace Initiative adopted by the XIV Arab Summit in Beirut in 2002, welcomed the decision of the recent Arab Summit in Khartoum to reinvigorate the Arab Peace Initiative, and further called for the intensification of efforts toward that end. They urged the Security Council as well to act upon that initiative towards achieving a just and comprehensive peace in the Middle East.

Occupied Palestinian Territory, including East Jerusalem

 

124. The Ministers reaffirmed their adherence to the positions concerning Palestine adopted by the XIV Ministerial Conference of NAM, held in Durban in August 2004, as the guideline for the Non-Aligned Countries with regard to the question of Palestine, and further reaffirmed as well their adherence to the positions set forth in the Statement on Palestine adopted by the XIII NAM Summit, held in Kuala Lumpur in February 2003.

125. The Ministers expressed their deep regret at the lack of progress made to address the major issues and follow-up core positions regarding the question of Palestine and further expressed their concern about the serious deterioration of the situation. They also expressed in particular their grave concern at the extremely difficult political, economic, social and humanitarian situation in the Occupied Palestinian Territory, including East Jerusalem, as a result of continuing unlawful policies and practices by Israel, the occupying Power. They condemned the ongoing Israeli military campaign against the Palestinian people by which the occupying Power has continued to commit grave human rights violations and war crimes, including the killing and injuring of Palestinian civilians by use of excessive and indiscriminate force as well as the continued practice of extrajudicial executions, the destruction of properties, infrastructure and agricultural lands, and the detention and imprisonment of thousands of Palestinians. They demanded that Israel, the occupying Power, immediately cease all such violations of international law, including international humanitarian and human rights law.

126. The Ministers condemned Israel’s continued imposition of collective punishment upon the Palestinian people, including in particular the severe restrictions on the movement of persons and goods via closures and hundreds of checkpoints, some of which have been transformed into structures similar to permanent international border crossings, including at Qalandiya and Bethlehem, in the middle of the Occupied Palestinian Territory, away from the 1967 border (Green Line). They stressed that such unlawful Israeli practices are in effect strangling the Palestinian economy and society, are physically severing the northern, central and southern parts of the Occupied Palestinian Territory into separate and isolated areas, and are undermining its territorial integrity and contiguity. In this connection, they reiterated their grave concern and strong condemnation regarding Israel’s continuing intensive campaign of settler colonialism, including vast land confiscations and the construction and expansion of illegal settlements, and condemned Israel’s intentions to proceed with the dangerous and illegal E-1 plan in and around Occupied East Jerusalem as well as its declared plans to illegally annex the Jordan Valley.

127. The Ministers The Ministers reiterated their condemnation of Israel’s continuing construction of the Wall throughout the Occupied Palestinian Territory, including in and around East Jerusalem, in flagrant violation of international law and disregard for the Advisory Opinion of the International Court of Justice of 9 July 2004 and General Assembly resolution ES-10/15 of 20 July 2004. They expressed their deep concern at the physical, economic and social devastation being caused by the Wall, which is dissecting the Territory into several walled and isolated cantons and severing Occupied East Jerusalem from the rest of the Occupied Palestinian Territory. In this regard, they further reiterated that, if completed, the Wall, along with Israel’s illegal settlement campaign and fortification of illegal checkpoints, will render the two-State solution impossible to achieve. They therefore stressed the urgency and obligation of respect for and compliance with both the Advisory Opinion and resolution ES-10/15 by Israel, the occupying power, by Member States and by the UN. They further expressed their disappointment at the lack of progress made by the UN Secretariat in establishing the register of damages caused by the Wall, as called for in resolution ES-10/15, and called upon the Secretary-General to exert all necessary efforts to expedite this matter.

128. The Ministers expressed their regret at the deepening economic, social and humanitarian crisis in the Gaza Strip following the implementation of Israel’s unilateral disengagement plan. While taking note of the withdrawal of Israeli forces from within Gaza and the dismantlement of settlements therein, as well as from parts of the northern West Bank, they noted with alarm that Israel continues to carry out military attacks against civilian areas in the Gaza Strip and to impose policies causing continued economic and social deprivation in Gaza. In this connection, they stressed the dangers of the Israeli Government’s continuing unilateral measures in the Occupied Palestinian Territory, including East Jerusalem, and further expressed their rejection of its declared intentions to proceed with further unlawful unilateral plans in the West Bank. They reaffirmed that such plans are unlawful, unacceptable and cannot alter the terms of reference of the peace process nor negate the inalienable rights of the Palestinian people. Accordingly, they called for intensification of efforts by the Quartet and the entire international community to revive the peace process and promote negotiations between the two sides and to pursue the full and honest implementation of the Road Map towards ending the occupation of the Palestinian Territory that was occupied in 1967, including East Jerusalem, and thus realising the two-State solution. They called on the Quartet to engage the Security Council, considering the Council’s Charter authority and responsibility for the maintenance of international peace and security. They also emphasised the importance of the decisions of the recent Arab Summit in Khartoum, especially the call for reinvigoration of the Arab Peace Initiative adopted in Beirut in 2002.

129. The Ministers expressed deep concern at the intensifying hardships being faced by the Palestinian people during the current period following the 25 January 2006 elections for the Palestinian Legislative Council and the increasing financial and political isolation being imposed on the Palestinian Authority by some members of the international community in the aftermath of the elections. They called upon Israel, the occupying Power, to refrain from withholding tax revenue transfers due to the Palestinian Authority, which is deepening the financial crisis of the Authority. They rejected the punishment of the Palestinian people for the democratic election of their representatives, and instead reaffirmed the necessity of upholding international law, international humanitarian law, including in particular the Fourth Geneva Convention, and the purposes and principles of the UN Charter with regard to the question of Palestine under all circumstances. They further reaffirmed the permanent responsibility of the UN, including the General Assembly and the Security Council, towards the question of Palestine until it is resolved in all its aspects on the basis of international law, including a just resolution to the plight of the refugees in accordance with General Assembly Resolution 194. They called upon the UN not to reward illegal positions and intransigence and to increase its efforts towards the achievement of a just, comprehensive and lasting peace settlement, based on the two-State solution, and the achievement of the inalienable rights of the Palestinian people. The Ministers further reaffirmed their commitment to a peaceful solution of the Israeli-Palestinian conflict and to the right of the Palestinian people to exercise self-determination and sovereignty in their independent State of Palestine, on the basis of the 1967 borders, with East Jerusalem as its capital.

Occupied Syrian Golan 

 

130. The Ministers reaffirmed that all measures and actions taken, or to be taken by Israel, the occupying Power, such as its illegal decision of 14 December 1981 that purports to alter the legal, physical and demographic status of the occupied Syrian Golan and its institutional structure, as well as the Israeli measures to apply its jurisdiction and administration there, are null and void and have no legal effect. They further reaffirmed that all such measures and actions, including the illegality of Israeli settlement construction and expansion activities in the Occupied Syrian Golan since 1967, constitute a flagrant violation of international law, international conventions, the Charter and decisions of the UN, particularly Security Council Resolution 497 (1981), the Fourth Geneva Convention of 12 August 1949 on the Protection of Civilians in Time of War, and the defiance of will of the international community. They reiterated the Movement’s demand that Israel comply with Security Council Resolution 497 (1981) and withdraw fully from the occupied Syrian Golan to the lines of 4 June 1967, in implementation of Security Council Resolutions 242 and 338, and that Israel adheres to the Madrid terms of reference based on the principle of land for peace, which are in their entirety considered to be a primary and basic element in the negotiation process that should be adhered to, including the immediate commencement of the demarcation of the 4 June 1967 line.

131. The Ministers The Ministers reaffirmed the Movement’s unwavering support and solidarity with the Syrian just demand and rights to restore the full Syrian sovereignty over the occupied Syrian Golan on the basis of the terms of reference of the Arab Peace Initiative, the Madrid Peace Process, the Security Council resolutions, as well as the principle of land for peace. They again demanded that Israel respects all commitments and pledges it entered into with the aim of laying down the basis for a substantive progress on the Syrian-Israeli track .

Remaining Occupied Lands in Southern Lebanon

132. The Ministers expressed their support for Lebanon in its efforts to regain the Lebanese territories of Chebaa farmlands and the Kfarshouba Hills occupied by Israel, according to Security Council Resolution 425 (1978), and also supported the contacts undertaken by the Lebanese Government to establish the Lebanese identity of the Chebaa farmlands, and to delineate them according to rules and procedures applied by the UN, while asserting the legitimate right of Lebanon to resist the Israeli occupation of the remaining Lebanese occupied territories, in accordance with international law and relevant UN resolutions, and to liberate those lands and defend the Lebanese dignity in the face of Israeli aggression. They also called for the immediate ending of the on-going Israeli violations of the Lebanese sovereignty and territorial integrity, and for the release of all Lebanese detained in Israeli prisons, in defiance of the Fourth Geneva Conventions of 1949 and its relevant protocols, and for Israel to submit the comprehensive maps of the minefields it has laid down in Lebanese territories during its occupation, they reiterated their support for the demining assistance in South Lebanon. They condemned the Israeli threats, recent aggressions and violations on the Lebanese territories and expressed their solidarity with Lebanon in this respect. 

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Putrajaya, Malaysia

30 May 2006

 

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Annex II

 

  

Declaration on Palestine

 

1. The Ministers members of the Committee on Palestine of the Non-Aligned Movement convened a meeting, on 28 May 2006, under the Chairmanship of Malaysia, to review the continuing grave situation in the Occupied Palestinian Territory, including East Jerusalem. The Ministers considered approaches and strategies to be undertaken by the Committee, as well as by the Movement as a whole, to continue strongly supporting the Palestinian people and their leadership and for promoting a revival of the peace process towards the achievement of a comprehensive, just and lasting peace settlement and the exercise by the Palestinian people of their inalienable right to self-determination in their independent and sovereign State of Palestine, with East Jerusalem as its capital. The Ministers recalled in particular the Declaration on Palestine adopted by the Committee, on 18 August 2004, in Durban, South Africa on the margins of the XIV Ministerial Conference and affirmed their continued adherence to the views and principled positions expressed therein.

2. The Ministers expressed their deep regret that the Palestinian people continue to suffer under the prolonged and brutal Israeli military occupation of their land since 1967 and continue to be denied their fundamental human rights, including the right to self-determination and the right of the Palestine refugees to return. The Ministers further expressed their grave concern about the serious deterioration of the situation on the ground at the political, economic, social and humanitarian levels in the Occupied Palestinian Territory, including East Jerusalem, as a result of the ongoing unlawful policies and practices being carried out by Israel, the occupying Power, against the Palestinian people, including continuing grave human rights violations and reports of war crimes.

3. The Ministers condemned the ongoing Israeli military campaign against the Palestinian people, which has resulted, inter alia , in the continued killing and injury of Palestinian civilians by use of excessive and indiscriminate force, targeted attacks and extrajudicial executions; the vast destruction of properties, infrastructure and agricultural lands, and the detention and imprisonment of thousands of Palestinians. They also condemned Israel’s continued imposition of measures of collective punishment on the Palestinian people, particularly the imposition of severe restrictions on the movement of persons and goods via closures and hundreds of checkpoints, some of which have been illegally transformed into structures similar to permanent border crossings in the middle of the Occupied Palestinian Territory, away from the 1967 border (Green Line), and which are physically severing the northern, central and southern parts of the Occupied Palestinian Territory, undermining its territorial integrity and contiguity, and destroying the Palestinian economy. The Ministers demanded that Israel, the occupying Power, immediately cease all of these violations of international law, including international humanitarian and human rights law.

4. The Ministers stressed in particular that, in addition to such grave breaches by the occupying Power, the main and core danger to the realization of the inalienable and national rights of the Palestinian people and the achievement of the two-State solution continued to be the relentless and unlawful campaign of settler colonialism and construction of the Wall being carried out by Israel in the Occupied Palestinian Territory, including in Occupied East Jerusalem. They reiterated their grave concern and strong condemnations regarding Israel’s intensive colonization measures, including its continued vast land confiscations and the construction and expansion of settlements, and condemned Israel’s declared intentions to carry out the illegal E-1 plan in and around East Jerusalem and to illegally annex the Jordan Valley. The Ministers reaffirmed the many relevant Security Council resolutions condemning and demanding the cessation of such illegal Israel measures, including measures taken by the occupying Power to change the status, character and demographic composition of East Jerusalem, which are null and void, and called for the full implementation of those resolutions. In this regard, the Ministers also called for full compliance with the relevant provisions of the Advisory Opinion rendered by the International Court of Justice on 9 July 2004 on the “Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory” .

5. The Ministers thus considered in further depth the continuing grave developments regarding the critical issue of the unlawful construction by Israel, the occupying Power, of the Wall in the Occupied Palestinian Territory, including in and around East Jerusalem. They condemned Israel’s flagrant defiance of and disrespect for the Advisory Opinion of the Court and its continued violation of General Assembly resolution ES-10/15 of 20 July 2004. They expressed their deep concern at the grave breaches of international law, including of the Fourth Geneva Convention, that continue to be committed by Israel in this regard, including, inter alia , the destruction and requisition of land and properties, the violations of the Palestinian people’s freedom of movement and their right to work, to health, to education and to an adequate standard of living, and the displacement of Palestinian civilians from their homes and lands. The Ministers stressed that the extreme physical, economic and social devastation being caused by the Wall is dissecting the Occupied Palestinian Territory into several walled and isolated cantons, destroying entire communities and severing Occupied East Jerusalem from the rest of the Territory, and noted with deep alarm that, if not ceased and reversed, this Wall will render the two-State solution to the conflict impossible to achieve.

6. The Ministers accordingly reiterated their demand that Israel, the occupying Power, scrupulously respect its legal obligations as mentioned in the Advisory Opinion and comply fully with resolution ES-10/15, and reiterated their call upon Member States and the United Nations as well to uphold their obligations in this regard. They recalled in specific the Court’s determination: that Israel is under an obligation to terminate its breaches of international law, to cease the construction of the Wall being built in the Occupied Palestinian Territory, including in and around East Jerusalem, to dismantle the structure therein situated, to repeal or render ineffective all legislative and regulatory acts relating thereto, and to make reparation for all damage caused by the construction of the Wall; that all States are under an obligation not to recognize the illegal situation resulting from the construction of the Wall and not to render aid or assistance in maintaining the situation created by such construction and that all States parties to the Fourth Geneva Convention have an additional obligation of ensuring compliance by Israel with the Convention; and that the United Nations, especially the General Assembly and the Security Council, should consider what further action is required to bring an end to the illegal situation resulting from the construction of the Wall and the associated regime, taking due account of the Advisory Opinion.

7. The Ministers reiterated their firm conviction that such respect and compliance would positively influence the efforts for achieving a just, peaceful, political settlement of the Israeli-Palestinian conflict on the basis of the rules and principles of international law. However, as long as Israel, the occupying Power, is not in compliance with its legal obligations, the Ministers reiterated their call for the following specific actions aimed at bringing an end to the violations being committed by the occupying Power in the Occupied Palestinian Territory, including East Jerusalem:

a. At the United Nations, the Ministers called for further measures to be taken, in accordance with operative paragraph 5 of resolution ES-10/15, and also called on the Security Council to fulfill its responsibilities by adopting a clear resolution and undertaking the necessary measures in this regard. The Ministers also called on the United Nations Secretary-General to expedite the establishment of the register of damages caused by the Wall, pursuant to the request made by the Assembly in the above resolution, and to ensure that the positions of the Secretariat are fully consistent with the Advisory Opinion.

b. With regard to Member States, the Ministers called upon them to undertake measures, including by means of legislation, collectively, regionally and individually, to prevent any products of the illegal Israeli settlements from entering their markets, consistent with the obligations under international treaties, to decline entry to Israeli settlers and to impose sanctions against companies and entities involved in the construction of the Wall and other illegal activities in the Occupied Palestinian Territory, including East Jerusalem.

c. With regard to the High Contracting Parties to the Fourth Geneva Convention, the Ministers called for them to adhere to Article 1 common to the four Geneva Conventions and to undertake measures to ensure compliance by Israel with the Convention. They reaffirmed in this regard the obligations of the High Contracting Parties regarding penal sanctions, grave breaches and responsibilities of the High Contracting Parties.

8. The Ministers turned their attention to the deepening economic, social and humanitarian crisis and isolation in the Gaza Strip, particularly following the implementation of Israel’s unilateral disengagement plan. While taking note of the withdrawal of Israeli forces from within Gaza and the dismantlement of settlements therein, as well as from parts of the northern West Bank, they noted with alarm that Israel continues to carry out military attacks against civilian areas in the Gaza Strip and continues to impose policies causing further economic and social deprivation in Gaza. The Ministers stressed that Israel’s ongoing unilateral measures in the Occupied Palestinian Territory, including East Jerusalem, gravely threaten the prospects for achieving a negotiated settlement based on the two-State solution, and expressed their complete rejection of its declared intentions to impose its unlawful unilateral plans in the West Bank. They reaffirmed that such plans are unlawful, unacceptable and cannot alter the terms of reference of the peace process begun in Madrid nor negate the inalienable rights of the Palestinian people, as enshrined in the Charter of the United Nations, international law and relevant United Nations resolutions.

9. The Ministers also expressed their deep concern at the intensifying hardships being faced by the Palestinian people as a result of the increasing financial and political isolation being imposed on the Palestinian Authority by some Members of the international community in the aftermath of the Palestinian Legislative Council elections of 25 January 2006. They called upon Israel, the occupying Power, to cease its withholding of tax revenues due to the Palestinian Authority, which is deepening the financial crisis, and firmly rejected the collective punishment of the Palestinian people for the democratic election of their representatives. Moreover, the Ministers affirmed their support for the Palestinian Authority under the leadership of President Mahmoud Abbas, and emphasized as well the importance of maintaining and protecting the national institutions of the Palestinian Authority, as they shall constitute the vital foundation for the future independent Palestinian State. The Ministers also called upon the Non-Aligned countries to extend, on an urgent basis, economic and financial assistance to the Palestinian people to ease the current financial and humanitarian crisis.

10. The Ministers reiterated their hope that the international community and the Quartet will exert all efforts during this critical period to revive the peace process and to salvage the Road Map and promote its implementation towards ending the occupation of the Palestinian Territory that was occupied in 1967, including East Jerusalem, and thus realizing the two-State solution to the Israeli-Palestinian conflict and the right of all states and peoples in the region to live in peace and security. In this connection, the Ministers stressed the continued relevance of the Arab Peace Initiative adopted by the Arab Summit in Beirut in March 2002, emphasizing the importance of the recent call by the Arab Summit in Khartoum in March 2006 to reinvigorate the Arab Peace Initiative, and called for the exertion of all necessary efforts in that direction.

11. The Ministers called on the Quartet specifically to remain actively engaged with the Palestinian and Israeli sides to bring about a resumption of direct and substantial negotiations between the two sides and to encourage immediate positive steps on the ground, on the basis of the Road Map, in order to promote a genuine resumption of the peace process towards the achievement of its stated aims and goals. In this regard, the Ministers welcomed the call by President Abbas for immediate negotiations on final status issues with Israel, the occupying Power. Moreover, the Ministers urged the Quartet to engage the Security Council, considering the Council’s Charter authority and responsibility for the maintenance of peace and security. In this context, they reaffirmed the permanent responsibility of the United Nations, including the General Assembly and the Security Council, towards the question of Palestine until it is resolved in all its aspects on the basis of international law, including a just resolution to the plight of the Palestine refugee in accordance with General Assembly resolution 194 of 11 December 1948.

12. The Ministers reiterated their conviction that a vital role should continue to be played by the Movement vis-à-vis the question of Palestine and entrusted the Chair, assisted by the Committee on Palestine, to lead the efforts of the Movement with regard to the pursuit of a comprehensive, just and lasting peace in the region. The Ministers also reiterated their appreciation to the members of the NAM Caucus of the Security Council for their continuous efforts concerning the question of Palestine and called upon them to remain actively involved. They also stressed the importance of ongoing contacts and dialogue by the Movement at the Ministerial level with the members of the Quartet, the permanent members of the Security Council and other relevant parties in the peace process in order to convey the principled positions of the Movement and to advance efforts aimed at promoting the peace process on the basis of its terms of reference and at ensuring respect for international law, the keys to a peaceful settlement of the conflict.

13. The Ministers also reaffirmed the need for the early convening of a special meeting of regional and international groupings aimed at building a broad partnership for achieving a peaceful solution to the Israeli-Palestinian conflict and for further mobilizing the support of the international community in this regard. They expressed their support in this connection for the recent call by President Abbas for the convening of an urgent international conference on the conflict. In addition, the Ministers once again underscored the importance of the work of non-governmental organizations (NGOs), civil society and peace groups in the region and encouraged their continuing work, particularly on the Palestinian and Israeli sides.

14. The Ministers concluded by reaffirming their strong commitment to continue supporting the Palestinian people and their leadership to bring an end to the Israeli occupation that began in 1967, in accordance with the rules and principles of international law and relevant United Nations resolutions, and by accordingly reaffirming their commitment to a just and peaceful solution of the Israeli-Palestinian conflict and to the right of the Palestinian people to exercise self-determination and sovereignty in their independent State of Palestine, on the basis of the pre-1967 borders, with East Jerusalem as its capital.

  

  

Putrajaya, Malaysia

30 May 2006

 

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