Mideast situation/Palestine question – NAM XV Ministerial Conference – Final document (excerpts), Declaration

    Letter dated 8 August 2008 from the Chargé d’affaires a.i. of the Permanent Mission of Cuba to the United Nations addressed to Secretary-General

 

 

  In my capacity as Acting Chair of the Coordinating Bureau of the Non-Aligned Movement, I have the honour to enclose herewith the outcome documents of the fifteen Ministerial Conference of the Non-Aligned Movement, held in Tehran, Islamic Republic of Iran, from 27 to 30 July 2008, namely, the Final Document, the Statement on the Islamic Republic of Iran’s nuclear issue, the Statement on Zimbabwe and the Declaration on Palestine (see annexes I to IV).

  I request that you kindly circulate the above-mentioned documents as a document of the General Assembly, under agenda items 9, 10, 14, 15, 17, 18, 19, 21, 23, 26, 27, 28, 31, 32, 33, 34, 38, 41, 42, 43, 44, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 62, 63, 64, 66, 67, 68, 69, 70, 71, 73, 76, 77, 85, 86, 87, 88, 93, 94, 95, 96, 97, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 109, 116, 121, 122, 123, 126 and 140.

 

 

(Signed) Ileana Núñez Mordoche

Ambassador

Chargé d’affaires a.i. of the Permanent Mission of Cuba

to the United Nations

Acting Chair of the Coordinating Bureau of

the Non-Aligned Movement


 

    Annex I to the letter dated 8 August 2008 from the Chargé d’affaires a.i. of the Permanent Mission of Cuba to the United Nations addressed to Secretary-General

  

 

FINAL DOCUMENT

 

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INTRODUCTION

  

1. The Ministers of the Movement of Non-Aligned Countries,1 met on 29 and 30 July 2008 in Tehran, Islamic Republic of Iran, under the Chairmanship of H.E. Mr. Manouchehr Mottaki, Minister of Foreign Affairs of the Islamic Republic of Iran to review the progress and implementation of the Plan of Action adopted at the 14th Conference of Heads of States or Governments of the Non-Aligned Movement held 15-16 September 2006 in Havana, Cuba, prepare for the upcoming NAM Summit and address urgent matters. In this regard, they reaffirmed and underscored the Movement’s abiding faith in and strong commitment to its Founding Principles,2 ideals and purposes, particularly in establishing a peaceful and prosperous world, a just and equitable world order as well as to the purposes and principles enshrined in the United Nations Charter.

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Non-Aligned Movement: Role and Methods of Work

 

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12. The Ministers recalled that the Movement has been playing an key active, effective and central role, over the years, on issues of concern and vital importance to its members, such as decolonisation, apartheid, the situation in the Middle East including the question of Palestine, the maintenance of international peace and security, and disarmament. After almost half of a century of its existence, and having undergone many challenges and vicissitudes, it is timely and appropriate to sustain and further consolidate the process of strengthening and revitalising the Movement and undertake actions that allow the Movement to effectively and efficiently counter address the main challenges facing us today. In the context of existing and new threats and challenges, it is imperative for the Movement to continue to promote multilateralism, especially by strengthening the central role of the UN, defending the interests of developing countries and preventing their marginalisation.

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I. Review of Mandates of United Nations Programmes and Activities 

  

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82. The Ministers reiterated their rejection of efforts by some parties to pursue the integration of the UN Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) under the mandate of the UN High Commissioner for Refugees. They maintained that the mandates and objectives of the two Agencies differ and that the mere intention to merge them is completely rejected in light of the long-standing and unique situation of the Palestine refugees. The Ministers affirmed that the UNRWA, since its establishment by General Assembly resolution 302 (IV) of 8 December 1949, has played an essential role in ameliorating the plight of the Palestine refugees and that its continued operation is essential for the well-being of the Palestine refugees throughout the region as well as for the stability of the region as a whole, pending the achievement of a just resolution to the question of the Palestine refugees. In this regard, they further affirmed that the critical issue of the functioning of UNRWA involves not only the provision of vital humanitarian assistance to Palestine refugees throughout the host countries but also a complex political dimension. The Ministers thus reaffirmed their strong and continued support for the mandate of UNRWA until the achievement of a just and lasting resolution to the plight of the Palestine refugees in accordance with General Assembly resolution 194 (III) of 11 December 1948.

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CHAPTER II: 

REGIONAL AND SUB-REGIONAL POLITICAL ISSUES

 

Middle East

Peace Process 

163. The Ministers reaffirmed their support for the Middle East peace process based on Security Council resolutions 242, 338, 425, 1397 and 1515, the Madrid terms of reference and 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 schemes by Israel, the occupying Power, aimed at forcibly and illegally imposing a unilateral solution. In this regard, they stressed the need for intensified and coordinated efforts by the international community to support the peace process as well as to ensure respect for international law, including international humanitarian and human rights law, the key to a peaceful settlement of the Palestinian-Israeli conflict and the Arab-Israeli conflict as a whole.

164. The Ministers stressed the need for the advancement and resumption of substantial negotiations between the parties on all tracks of the peace process for the achievement of a comprehensive, just, lasting and peaceful settlement, based on the relevant U.N. 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.

165. The Ministers took note of the international conferences held at Annapolis in November 2007 and at Paris in December 2007 and called for serious follow-up and further intense efforts by the international community for the genuine resumption and advancement of the peace process on all tracks towards attainment of a just and comprehensive peace and regional stability. They specifically stressed in the role and responsibilities undertaken by the members of the Quartet and called upon the Quartet to exert serious efforts and actions to support and promote the negotiations between the parties on final status issues, including serious and sincere implementation of the Road Map for a permanent two-State solution to the Israeli-Palestinian conflict. They also called upon the Security Council to engage the Quartet, considering the Council’s Charter authority and responsibility for the maintenance of international peace and security, and called on the members of the NAM Caucus of the Council to remain active in this regard.

166. The Ministers also reaffirmed their support for the Arab Peace Initiative, which was adopted by the XIV Arab Summit in Beirut in March 2002, and reaffirmed by the 19th Arab summit in Riyadh in March 2007, and welcomed the XX Arab Summit in Damascus in March 2008, which reaffirmed the commitment by all Arab States to the Arab Peace Initiative and stressed that such commitment is subject to adherence by Israel to its obligations under the terms of reference for achieving peace in the region, and called for intensification of efforts in this regard. They urged the Security Council to act upon the Initiative, and on the basis of its own resolutions, towards achieving a just, lasting and comprehensive peace in the Middle East, particularly in light of the recent deterioration of the situation and the current urgent circumstances in the region.

Occupied Palestinian Territory, including East Jerusalem

167. The Ministers reaffirmed their adherence to the positions concerning Palestine adopted by the XIV Summit of Heads of State or Government held in Havana in September 2006, as well as by the XIV Ministerial Conference of NAM, held in Durban in August 2004, and by the NAM at the Ministerial Meeting in Putrajaya in May 2006, which constitute the guidelines for the Non-Aligned Countries on the question of Palestine. In this regard, they further reaffirmed their adherence to the principled positions set forth in the Declaration on Palestine adopted by the Committee on Palestine during the XIV Summit in September 2006 and by the Ministerial Meeting of the NAM Coordinating Bureau in New York in September 2007.

15. The Ministers expressed their deep regret that sixty years have passed since the 1948 Al-Nakba23 that befell the Palestinian people, by which they became a stateless and dispossessed people, displaced and dispersed from their homeland of Palestine, and that more than half of the Palestinian people continue to live in exile in refugee camps throughout the region and in the Diaspora. The Ministers also expressed their deep regret that since 1967, for forty-one years now, the Palestinian people have continuously suffered under the brutal Israeli military occupation of their land and continue to be denied their fundamental human rights, including the right to self-determination and the right of the Palestine refugees to return.

169. The Ministers reiterated their regret at the lack of progress made, despite renewed international efforts and a resumption of the peace process, to address the major issues and follow-up core positions regarding the question of Palestine. They also expressed their grave concern in particular about the serious deterioration of the situation and critical political, economic, social and humanitarian conditions in the Occupied Palestinian Territory, including East Jerusalem, as a result of ongoing unlawful policies and practices by Israel, the occupying Power. They condemned the continuing brutal Israeli military campaign against the Palestinian people, particularly in the Gaza Strip, by which the occupying Power has continued to commit grave human rights violations and reported war crimes, including the killing and injuring of Palestinian civilians, including children, by use of excessive and indiscriminate force and extrajudicial executions, and the vast destruction of properties, infrastructure and agricultural lands. They condemned also Israel’s detention and imprisonment of thousands of Palestinians, including hundreds of women and children and numerous elected officials, and called for their immediate release. They reiterated the demanded that Israel, the occupying Power, immediately cease all such violations of international law, including international humanitarian and human rights law.

170. The Ministers also condemned Israel’s continued imposition of collective punishment upon the Palestinian people in the Occupied Palestinian Territory, including East Jerusalem. They condemned in particular Israel’s inhumane closure and blockade of the Gaza Strip, which has resulted in the virtual imprisonment of the entire Palestinian civilian population there and the deepening of the economic, social and humanitarian deprivation and crisis due to the occupying Power’s obstruction of access to food, medicines, fuel and electricity, building materials and other basic human necessities as well as the obstruction of movement of humanitarian personnel and sick persons requiring medical treatment outside of Gaza. The Ministers stressed that, in addition to violating countless provisions of human rights law, such collective punishment measures by Israel are tantamount to grave breaches of international humanitarian law, by which it is bound as the occupying Power and with which it must scrupulously comply. They called upon Israel to cease such illegal practices against the Palestinian people and to immediately and permanently end its illegal closure of the Gaza Strip and to allow for the opening of all of the Gaza Strip’s border crossings for the movement of persons and goods into and out of the Territory. In this regard, they reiterated their support for the Palestinian Authority’s proposal to assume responsibility for the operation of the Palestinian side of the Gaza Strip’s border crossings, and called upon the parties to resume the application of internationally-agreed arrangements to ensure their speedy reopening and to ease the isolation and suffering of the civilian population.

171. The Ministers also The Ministers also condemned Israel’s imposition of severe restrictions on the movement of persons and goods via closures, hundreds of checkpoints and the Wall and its associated permit regime. They expressed alarm that such unlawful Israeli practices are destroying the Palestinian economy and society, are physically severing the northern, central and southern parts of the Occupied Palestinian Territory into separate areas and isolating East Jerusalem, and are gravely undermining the Territory’s contiguity, integrity and unity. In this connection, they reiterated their strong condemnation of Israel’s continuing intensive campaign of settler colonialism, including vast land confiscations and the construction and expansion of illegal settlements, especially in and around Occupied East Jerusalem, as well as its attempts to illegally annex the Jordan Valley. They reaffirmed all relevant Security Council and General Assembly resolutions, including those relating to Jerusalem and confirming that it is an integral part of the Occupied Palestinian Territory; demanded their implementation; and considered that all Israeli measures aimed at altering the legal, geographic and demographic character and status of Jerusalem and of the Occupied Palestinian Territory as a whole are null and void. They reiterated the illegality and dangers of such Israeli unilateral measures in the Occupied Palestinian Territory, including East Jerusalem, and reaffirmed that these unlawful measures cannot alter the terms of reference of the peace process nor negate the inalienable rights of the Palestinian people.

172. Further in this connection, the Ministers reiterated their condemnation of Israel’s continuing construction of the Wall in the Occupied Palestinian Territory, including in and around East Jerusalem, in flagrant defiance of international law, 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 also dissecting the Territory into several walled, and isolated cantons and further isolating Occupied East They warned that, if completed, the Wall, along with Israel’s illegal settlements and its fortification of illegal checkpoints, will destroy the contiguity, integrity and unity of the Palestinian territory, including east Jerusalem, and will thus render the two-State solution physically impossible to achieve. They thus stressed the urgency and necessity of respect for and compliance with obligations under international law, including the Fourth Geneva Convention, as well as with the Advisory Opinion and resolution ES-10/15 by Israel, the occupying power, by Member States and by the UN. They welcomed the establishment of the “United Nations Register of Damage caused by the Construction of the Wall in the Occupied Palestinian Territory” and called for its expeditious operation and the speedy fulfilment of its mandate.

173. The Ministers reaffirmed their support for the Palestine Liberation Organization, the sole and legitimate representative of the Palestinian people, and the Palestinian Authority under the leadership of President Mahmoud Abbas and emphasized the importance of maintaining and protecting the national and democratic institutions of the Palestinian Authority, including the Palestinian legislative council which shall constitute a vital foundation for the future independent Palestinian State. The Ministers also called for the speedy restoration of the situation in the Gaza Strip to that which existed prior to the events of June 2007 to pave the way for Palestinian dialogue to achieve national reconciliation and unity, and, in this regard, expressed support for the Yemeni Initiative and called for its implementation.

174. The Ministers called for intensification of efforts by the Quartet and the entire international community, in particular the Security Council, to address the current political and humanitarian crisis, in order to ameliorate the situation on the ground and to help advance peace process negotiations between the two sides towards ending the occupation of the Palestinian Territory, including East Jerusalem, that began in 1967, and thus realising the establishment of the sovereign, independent, and viable state of Palestine and the promotion of peace and security. They called upon the Security Council to actively engage the, Quartet, considering the Council’s Charter authority for the maintenance of international peace and security. They stressed the continuing importance of the Arab Peace Initiative and the Quartet Road Map and called for its full and honest implementation.

175. The Ministers reaffirmed the necessity of upholding international law, including the Fourth Geneva Convention, and the purposes and principles of the UN Charter with regard to the question of Palestine under all circumstances. They also reaffirmed the permanent responsibility of the UN 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 (III). They once more called upon the UN not to reward illegal actions and intransigence and to increase its efforts towards the attainment of a just, comprehensive and lasting peace settlement, based on the two-State solution, and the realization of the inalienable rights of the Palestinian people. In this context, the Ministers 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.

176. Consistent with and guided by the afore-mentioned principled positions and affirming the need to defend, preserve and promote these positions, the Ministers agreed to undertake the following measures:

 176.1 Continue holding meetings at ministerial level of the NAM Committee on Palestine, within the framework of the Coordinating Bureau Ministerial Meetings that take place at the outset of UNGA ordinary sessions, as well as during any other Ministerial Meetings of the Movement, whenever necessary and in accordance with the developments on this issue.
 
176.2 Maintain regular contacts and dialogue at ministerial level between NAM Ministerial Delegation on Palestine and the members of the Quartet and the Members of the UN Security Council, with a view to enhancing the role played by NAM in the international efforts seeking a solution to the question of Palestine and lasting peace in the region.
 
176.3 Continue to actively participate in UN Security Council, including via a revitalized role of the NAM Caucus of the Council, and General Assembly meetings addressing the question of Palestine.
  
 176.4 Convene a parallel forum of civil society in 2008, preferably within UN premises, intended to mobilize international public opinion on this issue and thus make a substantial contribution to attaining a just, lasting and comprehensive peace in the Middle East.

Occupied Syrian Golan 

177. 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.

178. 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, as well as the principle of land for peace and in accordance with relevant Security Council Resolutions. They again demanded that Israel respects all its commitments and pledges.

179. The Ministers reiterated their demand for Israel to comply immediately and unconditionally with the provisions of the Forth Geneva Convention on the Protection of Civilians in Times of War, dated 12 August 1949, and to apply them to the Syrian detainees in the occupied Syrian Golan. They strongly condemned the Israeli brutal practices in Israeli occupation prisons, and expressed their grave concern at the inhuman conditions of the Syrian detainees in the occupied Syrian Golan which have led to the deterioration of their physical health and put their lives at risk, in a blatant violation of international humanitarian law.

180. The Ministers called upon Israel, the occupying power, to reopen the Quneitra entry point, to facilitate the visits of the Syrian citizens under Israeli occupation to their motherland, Syria.

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CHAPTER III:

DEVELOPMENT, SOCIAL AND HUMAN RIGHTS ISSUES

 

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Human Rights and Fundamental Freedoms26

318. The Ministers reaffirmed the validity and relevance of the Movement's principled positions concerning human rights and fundamental freedoms, as follows:

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318.12 The Ministers underlined their growing concern and dismay at the flagrant disregard for life and the accompanying wanton destruction of property, as recently evidenced in Palestine and other occupied Arab territories, including the occupied Syrian Golan and Lebanon. The Ministers welcomed the adoption of Human Rights Council resolution 5/1, whereby it decided to include the “Human Rights Situation in Palestine and other occupied Arab territories” as a permanent agenda item in the Council;

  

 

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Annex IV to the letter dated 8 August 2008 from the Chargé

d’affaires a.i. of the Permanent Mission of Cuba to the United Nations

addressed to Secretary-General

 

 

Declaration on Palestine

 

 

1. The Ministers of the Non-Aligned Movement reviewed the continuing critical situation in the Occupied Palestinian Territory, including East Jerusalem. They considered further approaches and strategies to be undertaken by the Movement to continue strongly supporting the Palestinian people and their leadership and for advancing the revived 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 reaffirmed their adherence to the principled positions adopted in this regard, including in the Declarations on Palestine adopted by the Committee on Palestine on 25 September 2007 in New York as well as on 16 September 2006 in Havana during the XIV Summit Conference of Heads of State or Government, and the clear positions concerning Palestine adopted by all other previous Summits and Ministerial Conferences of the Movement.
2. The Ministers expressed their deep regret that sixty years have passed since the 1948 Al-Nakba that befell the Palestinian people, by which they became a stateless and dispossessed people, dispersed and displaced from their homeland of Palestine, and that more than half of the Palestinian people continue to live in exile in refugee camps throughout the region and in the Diaspora. In this regard, the Ministers called upon all Members of the Movement to solemnly commemorate the 60 th anniversary of the Palestinian Al-Nakba this year and to reaffirm their solidarity with the Palestinian people on this occasion and redouble their collective efforts for the just and peaceful resolution of the question of Palestine in all its aspects.
3. The Ministers also expressed their deep regret that since 1967, for more than forty-one years now, the Palestinian people have continuously suffered under Israel’s brutal military occupation of their land and that they 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 expressed their grave concern about the many hardships being endured by the Palestinian people in the Occupied Palestinian Territory, including East Jerusalem, as a result of the unlawful policies and practices being carried out by Israel, the occupying Power, including grave human rights violations and grave breaches of international humanitarian law.
4. The Ministers expressed their grave concern about the continued deterioration of the ground in the Occupied Palestinian Territory at the political, economic, social, security, and humanitarian levels. The Ministers strongly condemned the continuing Israeli military aggressions against the Palestinian people, particularly in the Gaza Strip, which have resulted, inter alia, in the killing and injury of more Palestinian civilians, including children, by use of excessive and indiscriminate force and extrajudicial executions and the vast destruction of homes, properties, infrastructure and agricultural lands. They called for an immediate cessation of such acts of military aggression by the occupying Power, which constitute grave violations of international law and for which the perpetrators must be held accountable and brought to justice. The Ministers also condemned the continuing illegal detention and imprisonment of thousands of Palestinians, including hundreds of women and children and numerous elected officials, and called for their immediate release.
5. The Ministers condemned Israel’s continued unlawful imposition of measures of collective punishment on the Palestinian people, including reprisals against the civilian population and restrictions on freedom of movement. They expressed grave concern and strong condemnation in particular of Israel’s inhumane closure and siege of the Gaza Strip, which has resulted in the virtual imprisonment of the entire Palestinian civilian population there and the deepening of the economic, social and humanitarian deprivation and crisis due to the occupying Power’s obstruction of access to food, medicines, fuel and electricity, building materials and other basic human necessities as well as the obstruction of movement of humanitarian personnel and sick persons requiring medical treatment outside of Gaza. The Ministers stressed that, in addition to violating countless provisions of human rights law, such measures of collective punishment by Israel are tantamount to grave breaches of international humanitarian law, by which it is bound as the occupying Power and with which it must scrupulously comply.
6. The Ministers called for an immediate end to Israel’s illegal closure of the Gaza Strip and for the opening of all of the Gaza Strip’s border crossings to allow for the movement of persons and goods into and out of the Territory. In this regard, the Ministers reiterated their support for the Palestinian Authority’s proposal to assume responsibility for operation of the Palestinian side of the Gaza Strip’s border crossings, and called upon the parties to resume the application of internationally-agreed arrangements to ensure their speedy reopening and to ease the isolation and suffering of the civilian population.
7. The Ministers also condemned Israel’s imposition of severe restrictions on the movement of persons and goods throughout and into and out of the West Bank, including East Jerusalem, via closures and a vast, discriminatory network of hundreds of checkpoints and the Wall and its associated permit regime, which are physically separating Palestinian communities, isolating East Jerusalem, destroying the economy and social fabric, severing the northern, central and southern parts of the Palestinian Territory, and undermining its territorial contiguity, integrity and unity. They expressed alarm that continuation of such illegal measures is jeopardizing the establishment of a sovereign, viable and independent State of Palestine with East Jerusalem as its capital, and demanded that Israel, the occupying Power, immediately cease all such measures, which are in grave violation of international law.
8. The Ministers stressed that among such grave breaches by the occupying Power, the primary 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 unlawful campaigns of settler colonialism and construction of the Wall being carried out by Israel in the Occupied Palestinian Territory, including East Jerusalem. They reiterated their strong condemnation of Israel’s intensive colonization measures, including vast land confiscations, construction and expansion of settlements, particularly in and around Occupied East Jerusalem, construction of Israeli-only bypass roads, and ongoing attempts to annex the Jordan Valley. The Ministers reaffirmed the many United Nations Security Council resolutions condemning and demanding the cessation of such illegal practices, including measures to change the status, character and demographic composition of East Jerusalem, which are null and void, and they called for the respect and implementation of those resolutions.
9. In this regard, the Ministers also reiterated their condemnation of Israel’s continuing construction of the Wall in the Occupied Palestinian Territory, including in and around East Jerusalem, in flagrant defiance of international law, the Advisory Opinion of the International Court of Justice of 9 July 2004 on the “Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory” and General Assembly resolution ES-10/15 of 20 July 2004. They expressed deep concern about the grave breaches of international law, including of the Fourth Geneva Convention and of human rights law, that continue to be committed by Israel, including, inter alia , the destruction and requisition of land and properties and the violations of the Palestinian people’s freedom of movement as well as their rights to work, to health, to education, to livelihood and to an adequate standard of living. They also expressed grave concern over the extreme physical, economic and social devastation being caused by the Wall, which is dissecting the Palestinian Territory into walled and isolated cantons, destroying entire communities, displacing thousands of Palestinians from their homes and lands, and severing East Jerusalem from the rest of the Territory. They stressed that such illegal, unilateral measures gravely threaten the prospects for achieving the two-State solution on the basis of the pre-1967 borders, and reaffirmed their complete rejection of these Israeli measures and policies.
10. The Ministers reiterated their demand that Israel, the occupying Power, scrupulously respect its obligations as mentioned in the Advisory Opinion and comply with resolution ES-10/15. 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 and render ineffective all legislative and regulatory acts relating thereto, and to make reparation for all damage caused by the construction of the Wall.
11. The Ministers also reiterated their call upon Member States and the UN to uphold their obligations in accordance with the Advisory Opinion and the demands made in resolution ES-10/15, including the 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. Moreover, in light of Israel’s continued intransigence and defiance of international law, the Ministers reiterated their call for further specific actions to bring end to the violations being committed by the occupying Power in the Occupied Palestinian Territory, including East Jerusalem. They called for measures to be undertaken by Member States, including by means of legislation, collectively, regionally and individually, to prevent any products of the illegal Israeli settlements from entering their markets, consistent with obligations under international treaties, to decline entry to Israeli settlers and to impose sanctions on companies and entities involved in the construction of the Wall and other illegal colonization activities in the Occupied Palestinian Territory, including East Jerusalem. They also called upon the High Contracting Parties to the Fourth Geneva Convention to adhere to Article 1 common to the four Geneva Conventions and to undertake measures to ensure Israel’s compliance with the Convention and reaffirmed the obligations of the High Contracting Parties regarding penal sanctions, grave breaches and responsibilities.
12. In this context, the Ministers called for the application of legal remedies to end the human rights violations and grave breaches of international humanitarian law being committed by Israel in the Occupied Palestinian Territory and to hold it accountable. Furthermore, they reiterated their firm conviction that respect and compliance with international law and UN resolutions and decisions will 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.
13. The Ministers also recalled in this regard the obligation of the UN, especially the General Assembly and the Security Council, to consider further action to bring an end to the illegal situation resulting from the construction of the Wall. In this regard, they recalled operative paragraph 5 of resolution ES-10/15 and reiterated their call upon the Security Council to adopt a clear resolution and the necessary measures to address the matter. They also welcomed the General Assembly’s adoption of resolution ES-10/17 on 15 December 2006, by which it established the United Nations Register of Damage Caused by the Construction of the Wall in the Occupied Palestinian Territory, and called for the expeditious operation and speedy fulfillment of its mandate.
14. The Ministers reaffirmed their support for the Palestine Liberation Organization, the sole and legitimate representative of the Palestinian people, and the Palestinian Authority under the leadership of President Mahmoud Abbas and emphasized the importance of maintaining and protecting the national and democratic institutions of the Palestinian Authority, including the Palestinian Legislative Council , which shall constitute a vital foundation for the future independent Palestinian State. They called for urgent efforts to rehabilitate and develop Palestinian institutions and, in this connection, stressed the need for mobilization of Palestinian capabilities to preserve the territorial unity and integrity of the Palestinian Territory, including East Jerusalem, to end the occupation and to achieve the Palestinian national goal. The Ministers also called for speedy restoration of the situation in the Gaza Strip to that which existed prior to the unlawful events of June 2007 to pave the way for Palestinian dialogue to achieve national reconciliation and unity. In this regard, they expressed support for the Yemeni Initiative and called for its implementation.
15. The Ministers reiterated their hope that the international community and the Quartet will continue to exert serious efforts during the current critical period to advance the peace process and to salvage the Road Map and promote its implementation towards ending the occupation of the Palestinian Territory that began 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. The Ministers reaffirmed the continued relevance of the Arab Peace Initiative, adopted by the XIV Arab Summit in Beirut in March 2002 and reaffirmed by XIX Arab Summit in Riyadh in March 2007, and welcomed the XX Arab Summit in Damascus in March 2008, which reaffirmed the commitment by all Arab States to the Arab Peace Initiative and stressed that such commitment is subject to adherence by Israel to its obligations under the terms of reference for achieving peace in the region, and called for intensification of efforts in this regard. They called on all concerned parties to remain actively engaged with the Palestinian and Israeli sides to promote substantial negotiations and encourage immediate positive steps on the ground to promote genuine progress in the peace process on all final status issues towards the achievement of its stated aims and goals.
16. In this connection, the Ministers took note of the timely international conferences convened at Annapolis in November 2007 and at Paris in December 2007, aimed at ending the occupation that began in 1967 and actualizing the two-State solution and at providing urgently-needed assistance to the Palestinian people and the Palestinian Authority, and called for serious and continuous follow-up efforts. In this regard, the Ministers reiterated their support to convening the follow-up Conference before the end of 2008 to take stock of progress achieved in the peace process. The Ministers further reiterated their support to convening this Conference in Moscow.
17. The Ministers also reiterated their call upon the Security Council to assume its responsibilities and to act on the basis of its own resolutions to compel Israel to respect international law and to bring an end to all of its illegal practices and its occupation. The Ministers expressed appreciation to the members of the NAM Caucus of the Security Council for their efforts concerning Palestine and called upon them to continue coordination on the issue and to remain actively involved. Moreover, they urged the Security Council to engage the Quartet, considering the Council’s Charter responsibility for the maintenance of international peace and security. In this context, they reaffirmed the permanent responsibility of the UN towards the question of Palestine until it is resolved in all aspects on the basis of international law, including a just resolution of the plight of the Palestine refugees in accordance with General Assembly resolution 194 (III) of 11 December 1948.
18. The Ministers reaffirmed 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. They stressed the importance of active contacts and dialogue by the Movement at the Ministerial level with the members of the Quartet, the members of the Security Council and other relevant parties in the peace process in order to convey the Movement’s principled positions and advance efforts aimed at promoting the peace process and at ensuring respect for international law, the keys to a peaceful settlement of the conflict.
19. The Ministers welcomed the holding of the Asian-African Ministerial Conference on Capacity Building for Palestine, in Jakarta 14 July 2008, with the main objective of assisting the Palestinian people in the Occupied Palestinian Territory, including East Jerusalem as well as in clusters of refugee camps in the surrounding host countries, in practical field of capacity building, in order to prepare them for the eventual creation of a Palestinian State. The Ministers highly commended the commitments made in the areas of economic development, including governance, women empowerment and public works, which may entail the training of as many as 10,000 Palestinian people. In this regard, the Ministers also welcomed the follow-up mechanism established to ensure the success of the effective implementation of the commitments as agreed by the Conference.
20. The Ministers also underscored the importance of the work of non-governmental organizations (NGOs), civil society and peace groups, particularly on the Palestinian and Israeli sides, and encouraged them to continue their positive work.
21. In conclusion, in light of the continuing severe economic, social and humanitarian hardships being endured by the Palestinian people as a result of the unlawful policies and measures being carried out by Israel, the occupying Power, in the Occupied Palestinian Territory, including East Jerusalem, the Ministers reiterated the call upon the Non-Aligned countries to continue extending urgent assistance to the Palestinian people to ease their financial and humanitarian crisis. Moreover, the Ministers reaffirmed their long-standing, principled political support, 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 UN resolutions, and their commitment to a just, peaceful and permanent 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.

 

Notes

1 The list of NAM Member Countries appears in Annex I.

2 The ten Founding Principles of NAM appears in Annex II.

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8 The existing mechanisms and arrangements include the Former Chair Countries and Troika (at the Summit, Ministerial and Ambassadorial levels); the Committee on Palestine (at the Ministerial and Ambassadorial level); the Coordinating Bureau in New York and its subsidiary bodies (Working Groups on Disarmament, Human Rights, Legal Matters, Peacekeeping Operations, Reform of the UN and GA Revitalisation, Reform of the Security Council, Review of Mandates of the UN programmes and activities, and Information); the Chapters in Geneva, The Hague and Vienna and UNESCO; and the Caucuses in the Security Council and in the Peace Building Commission.

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23 This is the term commonly used to refer to the catastrophe and tragedy that befell the Palestinian people in 1948, by which they lost their homeland and by which the majority of Palestinians were forcibly uprooted from their homes and displaced, becoming refugees, whose plight continues until this day.

26 This section should be read in conjunction with the section on Democracy under Chapter I of the document.

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2019-03-11T20:44:31-04:00

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