Middle East situation/Palestine question – Final communiqué of OIC FMs Annual Coordination meeting – Letter from Turkey (excerpts)

Letter dated 1 October 2004 from the Permanent

Representative of Turkey to the United Nations addressed

to the Secretary-General 

  I have the honour, in my capacity as Chairman of the Organization of the Islamic Conference Group in New York, to transmit herewith the final communiqué of the annual coordination meeting of Ministers for Foreign Affairs of the States members of the Organization of the Islamic Conference, held at United Nations Headquarters in New York on 28 September 2004 (see annex).

  I should be grateful if you would arrange for the present letter and its annex to be circulated as a document of the General Assembly, under agenda items 10, 22, 24, 25, 27, 29, 33, 34, 35, 36, 37, 38, 39, 41, 45, 48, 52, 53, 54, 55, 56 (p), 62, 63, 65, 68, 71, 75, 76, 78, 83, 84, 85, 87, 89, 91, 96, 97, 100, 103, 104, 105, 146, 147 and 148, and of the Security Council.

(Signed) Ümit Pamir 

Ambassador

Permanent Representative

Annex to the letter dated 1 October 2004 from the Permanent Representative of Turkey to the United Nations addressed to the Secretary-General

Final communiqué of the annual coordination meeting of Ministers for Foreign Affairs of the States members of the Organization of the Islamic Conference

United Nations, New York

28 September 2004

14 Shaa’ban 1425 H

The Ministers of Foreign Affairs of the Member States of the Organization of the Islamic Conference (OIC) held their Annual Coordination Meeting at the United Nations Headquarters in New York on 28 September 2004, under the chairmanship of His Excellency Mr. Abdullah Gül, Deputy Prime Minister and Minister of Foreign Affairs of the Republic of Turkey, and adopted the following:

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6. The Meeting reaffirmed the centrality of the cause of Al-Quds Al-Sharif for the whole Islamic Ummah. It affirmed the Arab nature of East Jerusalem and the need to defend the sanctity of Islamic and Christian holy places. It reiterated its condemnation of Israeli attempts to change the status, demographic composition and the character of the City.

7. The Meeting reaffirmed its principled support for the right of the Palestinian people to national independence and the exercise of sovereignty in their State, Palestine, with Al-Quds Al-Sharif as its capital. It reaffirmed the rights of the Palestine refugees in accordance with international law and General Assembly resolution 194 (III) of 11 December 1948. The Meeting reiterated its solidarity with the Palestinian people in their struggle led by their legitimate national leadership.

8. The Meeting strongly condemned Israeli policies and practices in the Occupied Palestinian Territory, including Al-Quds Al-Sharif. It condemned in particular the wilful killing of Palestinian civilians, including extra-judicial executions; the wanton destruction of homes, infrastructure and agricultural lands; the detention and imprisonment of thousands of Palestinians; and the imposition of collective punishment on the entire Palestinian population, including severe restrictions of the movement of persons and goods, including humanitarian, and prolonged curfews.

9. The Meeting condemned the more than two and a half year confinement of President Yasser Arafat by the occupying Power and the repeated threats against his life, safety and wellbeing. It expressed solidarity with the democratically-elected President of the Palestinian Authority and stressed the necessity for ending both the confinement and threats, which are contrary to the right of the Palestinian people to freely choose their own leader and are severely hampering the proper functioning of the Palestinian Authority program in process.

10. The Meeting also strongly condemned the illegal Israeli policy and practice of settler colonialism, as well as the building of the expansionist wall, which has involved the confiscation of thousands of more dunums of Palestinian land, the isolation of dozens of Palestinian villages, towns and cities and the extensive destruction of property and the livelihoods of thousands of Palestinians.

11. The Meeting strongly welcomed the Advisory Opinion, rendered on 9 July 2004, by the International Court of Justice (ICJ) on the "Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory”, which represents an historic opportunity for return to the rule of law in all efforts to peacefully address the question of Palestine and resolve the Israeli-Palestinian conflict. The Meeting further welcomed the adoption of resolution ES-10/15, on 20 July 2004, by the tenth emergency special session of the General Assembly, and stressed the importance of respect for the compliance with both the Advisory Opinion and resolution ES-10/15 by Israel, the occupying Power, and by Member States.

12. The Meeting further took note of the negative and defiant response by Israel to the Advisory Opinion and its declarations to continue constructing the wall in the Occupied Palestinian Territory, including in and around East Jerusalem. The Meeting thus called for the following specific actions:

a) At the United Nations, further measures should be taken , in accordance with operative paragraph 5 of resolution ES-10/15, and also called on the Security Council to undertake its responsibilities by adopting a clear resolution and undertaking necessary measures in this regard. The Secretary-General of the United Nations should also expedite the work with regard to the request made by the General Assembly in resolution ES-10/15 to establish a register of damage caused by the Wall and to ensure that the positions and documents of the UN Secretariat are fully consistent with the Advisory Opinion.

b) With regard to Member States, the Meeting 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 action in the Occupied Palestinian Territory.

c) With regard to the High Contracting Parties to the Fourth Geneva Convention, the Meeting 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. The obligations of the High Contacting Parties regarding penal sanctions, grave breaches and responsibilities of the High Contracting Parties were emphasized. Switzerland was also called upon to expedite its consultation, as requested in operative paragraph 7 of resolution ES-10/15, including with regard to reconvening the Conference of High Contracting Parties to the Fourth Geneva Convention.

13. The Meeting welcomed the adoption by the General Assembly of resolution 58/292 dated 6 May 2004 on the “Status of the Occupied Palestinian Territory, including East Jerusalem”, and stressed the need for follow-up in ensuring that Israeli credentials to the United Nations do not cover the territories occupied by Israel since 1967, including East Jerusalem.

14. The Meeting reaffirmed its support for a comprehensive peace process, based on relevant United Nations resolutions, including Security Council resolutions 242 (1967), 338 (1973) and 1397 (2002) as well as agreed principles, which call for Israel's complete withdrawal from the Occupied Palestinian Territory, including the City of AI-Quds Al-Sharif and all other occupied Arab territories. In this context, the Meeting reiterated its endorsement of the Arab Peace Initiative as adopted by the Fourteenth Arab Summit, held in Beirut, Lebanon, on 28 March 2002.

15. The Meeting expressed the hope that the international community and the Quartet would undertake the necessary efforts to salvage the Road Map and implement its provisions towards its stated aims and goals in accordance with international law. It expressed concern at repeated Israeli attempts to evade the Road Map and to substitute it with different steps. In this regard, the Meeting stressed that any Israeli withdrawal from the Gaza Strip should be a full and complete withdrawal, should be accompanied by similar steps in the West Bank, should be part of the Road Map, and should be carried out in full coordination with the Palestinian Authority.

16. The Meeting reiterated the proposal endorsed by the OIC and the Non-Aligned-Movement countries to convene, in early 2005, a conference of international and regional organizations on the Israeli-Palestinian conflict with a view to reaffirming the basic principles for the peaceful settlement of the conflict, and to exploring ways and means of establishing in 2005 an independent Palestinian State on the basis of the 1967 borders living side by side in peace and security with Israel, as stipulated in the Road Map plan.

17. The Meeting stressed the need for the OIC at all levels to continue practical support for the Question of Palestine. It commended the efforts made by Al-Quds Committee, under the chairmanship of His Majesty King Mohammed VI of Morocco, to safeguard the Arab Islamic identity of Al-Quds Al-Sharif and it also commended the OIC Committee on Palestine for its work. The Meeting agreed for the OIC Ministerial Delegation on Palestine be constituted as and when the need arises.

18. The Meeting also strongly condemned Israel's policy of refusing to comply with Security Council resolution 497 (1981) concerning the occupied Syrian Golan and its policies of annexation, building of colonial settlements, confiscation of land, diversion of water sources and imposition of Israeli nationality upon Syrian citizens. It also demanded Israel to completely withdraw from the occupied Syrian Golan to the June 4^th , 1967 lines in accordance with Security Council resolutions 242 (1967) and 338 (1973), the principle of land for peace, the Madrid Peace Conference terms of reference and the Arab Peace Initiative, adopted by the Beirut Arab Summit on 28 March 2002.

19. The Meeting condemned threats against some Member States, particularly the Syrian Arab Republic, and condemned the decision of the United States Administration to impose unilateral economic sanctions against Syria. It also condemned the so-called “Syria Accountability Act”. It urged Member States to further strengthen their brotherly ties with Syria in all fields.

20. The Meeting supported Lebanon in its efforts to complete the liberation of all its remaining territories under Israeli occupation including Shab’a farms, and urged the United Nations to compel Israel to pay reparations for all the losses it has inflicted, or caused, as a result of its persistent aggression against Lebanon. It further supported Lebanon in its demands for the removal of the mines left behind by the Israeli occupation, which planted these mines and therefore bears the responsibility for removing them. It also supported the inalienable rights of Lebanon to utilize its waters in accordance with international law and condemned Israel's designs on these waters. It held Israel responsible for any action such as infringing upon Lebanon's sovereignty, its political independence, the safety of its people, or the integrity of its territories. It demanded the international community to take all necessary measures to compel Israel to immediately release all the remaining Lebanese prisoners and abductees detained in Israeli prisons. It reaffirmed the right of the Palestine refugees to return to their homes, and rejected settling them in Lebanon.

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49. The Meeting reaffirmed the imperative of promoting multilateral diplomacy in resolving disarmament and non-proliferation concerns, and, in this context, underlined that multilateral institutions established under the auspices of the United Nations are the sole legitimate bodies to verify and ensure compliance with relevant international agreements.

50. The Meeting, while noting the adoption of the United Nations Security Council resolution 1540 of 28 April 2004, whose scope is limited to preventing the acquisition of weapons of mass destruction by non-state actors, underscored that this was a temporary arrangement to fill a gap in international rules. It also underlined that the Security Council cannot assume responsibilities for non-proliferation including by making treaty obligations or legislating rules for Member States, since those states which seek to perpetuate the monopoly of nuclear weapons also wield the power of the veto in the Council. In this regard, the Meeting called for concluding a non-discriminatory and universally negotiated international treaty on the threat of WMD proliferation by non-state actors which should replace the temporary arrangements assumed by the Security Council under resolution 1540.

51. The Meeting urged all parties directly concerned to consider seriously taking practical and urgent steps required for implementing the proposal to establish a nuclear-weapon-free zone in the region of the Middle East in accordance with the relevant resolutions of the United Nations, and warned against the dire consequences of the continuing rejection of Israel to accede to the Nuclear Non-Proliferation Treaty (NPT) and to place promptly all its nuclear facilities under the full scope of the safeguards of the International Atomic Energy Agency (IAEA). In this regard, the Meeting supported the draft resolution submitted by the Syrian Arab Republic to the Security Council on 29 December 2003 regarding the establishment of a zone free from all weapons of mass destruction in the Middle East and called upon the Security Council to act positively on the draft to achieve that lofty goal in the region.

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67. The Meeting adopted the reports issued by:

1- The Six-Member Committee on Palestine.

2- The Contact Group on Jammu and Kashmir

3- The Ad-Hoc Committee on Afghanistan

4- The Contact Group on Sierra Leone.

5- The Contact Group on Somalia.

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