Living conditions in the OPT – Resolution

The Economic and Social Council,

Recalling General Assembly resolution 59/251 of 22 December 2004,

Also recalling its resolution 2004/54 of 23 July 2004,

Guided by the principles of the Charter of the United Nations affirming the inadmissibility of the acquisition of territory by force and recalling relevant Security Council resolutions, including resolutions 242 (1967) of 22 November 1967, 338 (1973) of 22 October 1973, 446 (1979) of 22 March 1979, 452 (1979) of 20 July 1979, 465 (1980) of 30 June 1980, 476 (1980) of 20 August 1980, 478 (1980) of 20 August 1980, 497 (1981) of 17 December 1981, 904 (1994) of 18 March 1994, 1073 (1996) of 28 September 1996, 1397 (2002) of 12 March 2002, 1515 (2003) of 19 November 2003 and 1544 (2004) of 19 May 2004,

Recalling the resolutions of the tenth emergency special session of the General Assembly, including ES-10/13 of 21 October 2003, ES-10/14 of 8 December 2003 and ES-10/15 of 20 July 2004,

Reaffirming the applicability of the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949 ¹ to the Occupied Palestinian Territory, including East Jerusalem, and other Arab territories occupied by Israel since 1967,

Stressing the importance of the revival of the Middle East peace process on the basis of Security Council resolutions 242 (1967), 338 (1973), 425 (1978), 1397 (2002), 1515 (2003) and 1544 (2004) and the principle of land for peace as well as compliance with the agreements reached between the Government of Israel and the Palestine Liberation Organization, the representative of the Palestinian people,

Reaffirming the principle of the permanent sovereignty of peoples under foreign occupation over their natural resources,

Convinced that the Israeli occupation has gravely impeded the efforts to achieve sustainable development and a sound economic environment in the Occupied Palestinian Territory, including East Jerusalem, and the occupied Syrian Golan,

Gravely concerned about the deterioration of the economic and living conditions of the Palestinian people in the Occupied Palestinian Territory, including East Jerusalem, and of the Arab population of the occupied Syrian Golan and the exploitation by Israel, the occupying Power, of their natural resources,

Gravely concerned also by the grave impact on the economic and social conditions of the Palestinian people caused by Israel’s construction of the wall and its associated regime inside the Occupied Palestinian Territory, including in and around East Jerusalem, and the resulting violation of their economic and social rights, including the right to work, to health, to education and to an adequate standard of living,

Recalling in this regard the International Covenant on Civil and Political Rights,² the International Covenant on Economic, Social and Cultural Rights²a  and the Convention on the Rights of the Child,³ and affirming that these human rights instruments must be respected in the Occupied Palestinian Territory, including East Jerusalem, as well as in the Occupied Syrian Golan,

Gravely concerned at the extensive destruction by Israel, the occupying Power, of agricultural land and orchards in the Occupied Palestinian Territory, including East Jerusalem, during the recent period, including, and in particular, as a result of its unlawful construction of the wall in the Occupied Palestinian Territory, including in and around East Jerusalem,

Recalling 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,⁴ recalling also General Assembly resolution ES-10/15, and stressing the need to comply with the obligations mentioned therein,

Expressing concern at the recent escalation of violence that has been characteristic of recent years following a period of relative calm, and, in this context, expressing its concern about the tragic and violent events that have taken place since September 2000, which have led to many deaths and injuries,

Aware of the important work being done by the United Nations and the specialized agencies in support of the economic and social development of the Palestinian people, as well as the assistance being provided in the humanitarian field,

Conscious of the urgent need for the reconstruction and development of the economic and social infrastructure of the Occupied Palestinian Territory, including East Jerusalem, as well as the urgent need to address the dire humanitarian crisis facing the Palestinian people,

Calling on both parties to fulfil their obligations under the road map in cooperation with the Quartet,

1. Stresses the need to preserve the national unity and the territorial integrity of the Occupied Palestinian Territory, including East Jerusalem, and to guarantee the freedom of movement of persons and goods in the Territory, including the removal of restrictions on going into and from East Jerusalem, and the freedom of movement to and from the outside world;

2. Also stresses the vital importance of the construction and operation of the airport and the seaport in Gaza and the establishment of the safe passage between the West Bank and Gaza for the economic and social development of the Palestinian people;

3. Demands the complete cessation of all acts of violence, including all acts of terror, provocation, incitement and destruction;

4. Calls upon Israel, the occupying Power, to end its occupation of Palestinian cities, towns and other populated centres, to cease its destruction of homes and properties, economic institutions and agricultural fields and to end the imposition of all forms of closure and curfew, which impede efforts aimed at the amelioration of the economic and social conditions and the development of the Palestinian people;

5. Reaffirms the inalienable right of the Palestinian people and the Arab population of the occupied Syrian Golan to all their natural and economic resources, and calls upon Israel, the occupying Power, not to exploit, endanger or cause loss or depletion of these resources;

6. Also reaffirms that Israeli settlements in the Occupied Palestinian Territory, including East Jerusalem, and the occupied Syrian Golan, are illegal and an obstacle to economic and social development, and calls for the full implementation of the relevant Security Council resolutions;

7. Stresses that the wall being constructed by Israel in the Occupied Palestinian Territory, including in and around East Jerusalem, is contrary to international law and is seriously debilitating to the economic and social development of the Palestinian people, and calls in this regard for full compliance with the legal obligations mentioned in the 9 July 2004 advisory opinion of the International Court of Justice150 and in General Assembly resolution ES-10/15;

8. Emphasizes the importance of the work of the organizations and agencies of the United Nations and of the United Nations Special Coordinator for the Middle East Peace Process and Personal Representative of the Secretary-General to the Palestine Liberation Organization and the Palestinian Authority;

9. Urges Member States to encourage private foreign investment in the Occupied Palestinian Territory, including East Jerusalem, in infrastructure, job-creation projects and social development in order to alleviate the hardships being faced by the Palestinian people and improve their living conditions;

10. Requests the Secretary-General to submit to the General Assembly at its sixtieth session, through the Economic and Social Council, a report on the implementation of the present resolution and to continue to include in the report of the United Nations Special Coordinator an update on the living conditions of the Palestinian people, in collaboration with relevant United Nations agencies;

11. Decides to include the item entitled “Economic and social repercussions of the Israeli occupation on the living conditions of the Palestinian people in the Occupied Palestinian Territory, including East Jerusalem, and the Arab population in the occupied Syrian Golan” in the agenda of its substantive session of 2006.

40th plenary meeting

27 July 2005

Notes

¹United Nations, Treaty Series, vol. 75, No. 973.

²See resolution 2200 A (XXI), annex.

³United Nations, Treaty Series, vol. 1577, No. 27531.

⁴See A/ES-10/273 and Corr.1.