REPORT
OF THE
COMMITTEE ON THE EXERCISE OF
THE INALIENABLE RIGHTS
OF THE PALESTINIAN PEOPLE
GENERAL ASSEMBLY
OFFICIAL RECORDS: THIRTY-EIGHTH SESSION
SUPPLEMENT No. 35 (A/41/35)
UNITED NATIONS
New York, 1986
NOTE
Symbols of United Nations documents are composed of capital letters combined with figures. Mention of such a symbol indicates a reference to a United Nations document.
[Original: English]
[17 September 1986]
CONTENTS
Paragraph |
Page |
LETTER OF TRANSMITTAL |
v |
I. |
INTRODUCTION |
1 – 6 |
2 |
II. |
MANDATE OF THE COMMITTEE |
7 – 9 |
3 |
III. |
ORGANIZATION OF WORK |
10 – 15 |
4 |
A. |
Election of officers |
10 – 12 |
4 |
|
B. |
Participation in the work of the Committee |
13 – 14 |
4 |
|
C. |
Re-establishment of the Working Group |
15 |
4 |
IV. |
ACTION TAKEN BY THE COMMITTEE |
16 – 101 |
5 |
|||||
A. Action taken in accordance with General Assembly resolution 40/96 A of 12 December 1985 |
16 – 72 |
5 |
||||||
1. |
Review of the situation relating to the question of Palestine and efforts to implement the recommendations of the Committee |
16 – 29 |
5 |
|||||
2. |
Reaction to developments affecting the inalienable rights of the Palestinian people |
30 – 63 |
7 |
|||||
3. |
Action taken by the Committee to promote the convening of the proposed International Peace Conference on the Middle East in accordance with General Assembly resolution 38/58 C of 13 December 1983 |
64 – 70 |
12 |
|||||
4. |
Attendance at international conferences and meetings |
71 |
14 |
|||||
5. Action taken by United Nations bodies, the Movement of Non-Aligned Countries and intergovernmental organizations |
72 |
14 |
||||||
B. |
Action taken by the Committee in accordance with General Assembly resolutions 40/96 A and B of 12 December 1985 |
73 – 99 |
16 |
||
1. |
Co-operation with non-governmental organizations |
73 – 88 |
16 |
||
2. |
Seminars |
89 – 99 |
18 |
||
3. |
Other activities |
100 -101 |
20 |
||
V. |
ACTION TAKEN BY THE DEPARTMENT OF PUBLIC INFORMATION IN ACCORDANCE WITH GENERAL ASSEMBLY RESOLUTION 40/96 C |
102 -111 |
21 |
||
VI. |
RECOMMENDATIONS OF THE COMMITTEE |
112 -120 |
23 |
Annexes
I. |
Recommendations of the Committee endorsed by the General Assembly at its thirty-first session |
25 |
|
II. |
Geneva Declaration on Palestine and Programme of Action for the Achievement of Palestinian Rights |
28 |
|
III. |
List of documents issued by the Committee |
38 |
|
LETTER OF TRANSMITTAL
Sir,
8 September 1986
I have the honour to enclose herewith the report of the Committee on the Exercise of the Inalienable Rights of the Palestinian People for submission to the General Assembly in accordance with paragraph 4 of resolution 40/96 A.
Accept, Sir, the assurances of my highest consideration.
(Signed) Massamba SARRE Chairman of the Committee on the Exercise of the Inalienable Rights of the Palestinian People |
His Excellency
Mr. Javier Pérez de Cuéllar
Secretary-General of the United Nations
I. INTRODUCTION
1. The Committee on the Exercise of the Inalienable Rights of the Palestinian People, established by General Assembly resolution 3376 (XXX) of 10 November 1975, is currently composed of 23 Member States. 1/
2. The first report of the Committee 2/ contained specific recommendations designed to enable the Palestinian people to exercise their inalienable rights as previously recognized and defined by the General Assembly. Those recommendations were first endorsed by the Assembly in its resolution 31/20 of 24 November 1976 as a basis for the solution of the question of Palestine.
3. In its subsequent reports to the General Assembly, 3/ the Committee retained its original recommendations unchanged. On each occasion they have been more firmly endorsed by the Assembly, which has also continued to renew and, as necessary, expand the mandate of the Committee.
4. Despite repeated appeals by the Committee, however, the Security Council has still not acted on or implemented the recommendations of the Committee owing to the attitude of a permanent member. The Committee remains convinced that, if the Security Council were to adopt positive measures to implement those recommendations, the possibility of the establishment of a just, lasting and comprehensive peace in the Middle East would be increased.
5. Meanwhile, Israel has continued to occupy Palestinian and other Arab territories, including Jerusalem, in violation of Security Council and General Assembly resolutions, and to take measures to strengthen its control, including growing repression of the local population and the expansion of settlers' activities. Israel has also continued to prevent the United Nations Interim Force in Lebanon (UNIFIL) from deploying forces along the internationally recognized boundaries of Lebanon, in violation of Security Council resolutions. As a consequence of the policies and practices of Israel and of the resulting lack of progress towards a peaceful, just, durable and comprehensive solution, tension and violence have continued to grow in the area, further endangering international peace and security. The Committee has therefore continued to stress that this situation will prevail as long as the Palestinian people is prevented from exercising its inalienable rights to self-determination, national independence and sovereignty and to return to its homes and property, and as long as the Palestinian and other Arab territories remain occupied.
6. In order to secure United Nations objectives on the question of Palestine, during the period under review, the Committee continued to give priority to the early convening of the proposed International Peace Conference on the Middle East, under United Nations auspices and in accordance with the provisions of General Assembly resolution 38/58 C of 13 December 1983. The Committee is convinced that the conference would undoubtedly facilitate the search for a just and lasting peace in the Middle East and has called on all parties concerned to co-operate in order to ensure its success in the common interest. The Committee regrets it has not so far sensed any change in the negative attitude of Israel and the United States of America concerning the convening of the conference, and expresses the sincere hope that a positive change will urgently be forthcoming.
II. MANDATE OF THE COMMITTEE
7. The Committee's mandate for the year 1986 is contained in paragraphs 3 to 5 of General Assembly resolution 40/96 A of 12 December 1985 by which the Assembly:
(a) Requested the Committee to continue to keep under review the situation relating to the question of Palestine as well as the implementation of the Programme of Action for the Achievement of Palestinian Rights 4/ adopted by the International Conference on the Question of Palestine, and to report and make suggestions to the General Assembly or the Security Council, as appropriate;
(b) Authorized the Committee to continue to exert all efforts to promote the implementation of its recommendations, including representation at conferences and meetings and the sending of delegations where such activities would be considered by it to be appropriate, and to report thereon to the General Assembly at its forty-first session and thereafter;
(c) Requested the Committee to continue to extend its co-operation to non-governmental organizations in their contribution towards heightening international awareness of the facts relating to the question of Palestine and in creating a more favourable atmosphere for the full implementation of the Committee's recommendations, and to take the necessary steps to expand its contacts with those organizations.
8. By its resolution 40/96 B of 12 December 1985, the General Assembly also requested the Secretary-General, inter alia, to ensure that the Division for Palestinian Rights of the Secretariat continued to discharge the tasks detailed in previous resolutions, in consultation with the Committee and under its guidance, and to provide that Division with the necessary resources to accomplish its tasks and to expand its work programme, particularly through additional meetings for non-governmental organizations.
9. By resolution 40/96 C of 12 December 1985, the General Assembly requested the Department of Public Information, in full co-operation and co-ordination with the Committee, to continue its special information programme on the question of Palestine.
III. ORGANIZATION OF WORK
A. Election of officers
10. At its 120th meeting, on 29 October 1985, the Committee elected by acclamation
Mr. George Agius (Malta) as its Rapporteur, replacing Mr. Victor J. Gauci (Malta), who had taken up another assignment for his country.
11. At its 126th meeting, on 16 January 1986, the Committee decided to re-elect the following officers:
Chairman: |
Mr. Massamba Sarré (Senegal) |
Vice-Chairmen: |
Mr. Oscar Oramas-Oliva (Cuba) Mr. Mohammed Farid Zarif (Afghanistan) |
Rapporteur: |
Mr. George Agius (Malta) |
12. At its 127th meeting, on 29 January 1986, the Committee adopted its programme of work for 1986 (A/AC.183/1986/CRP.l/Rev.2) in implementation of its mandate.
B. Participation in the work of the Committee
13. As in previous years, the Committee reconfirmed that all States Members of the United Nations and Permanent Observers to the United Nations desiring to participate in the work of the Committee as observers were welcome to do so. Accordingly, in a letter dated 3 February 1986, the Chairman of the Committee so informed the Secretary-General, who subsequently transmitted the letter, on 20 February 1986, to States Members of the United Nations and members of the specialized agencies, and to intergovernmental regional organizations. The Committee also decided to invite the Palestine Liberation Organization (PLO) to participate in the work of the Committee as an observer, to attend all its meetings and to make observations and proposals for the consideration of the Committee.
14. During 1986 the Committee again welcomed as observers all the States and organizations that had participated in the preceding year. 5/ The Committee also welcomed the additional participation of Bulgaria from 16 July 1986.
C. Re-establishment of the Working Group
15. At its 126th meeting, the Committee re-established its Working Group to assist in the preparation and expedition of the work of the Committee. The Working Group was constituted as before under the chairmanship of Mr. George Agius (Malta) and the vice-chairmanship of Ms. Savitri Kunadi (India), on the understanding that any Committee member or observer could participate in its proceedings. 6/
IV. ACTION TAKEN BY THE COMMITTEE
A. |
Action taken in accordance with General Assembly resolution 40/96 A of 12 December 1985 |
1. |
Review of the situation relating to the question of Palestine and efforts to implement the recommendations of the Committee |
16. In accordance with its mandate, in the year under review the Committee continued to follow developments relating to the question of Palestine and to exert all efforts to promote the implementation of its recommendations as repeatedly endorsed by the General Assembly.
17. In response to events in the region affecting the inalienable rights of the Palestinian people, the Chairman of the Committee on several occasions, whenever urgent action wee required, brought such developments to the attention of the Secretary-General and the President of the Security Council, and called for appropriate measures in accordance with United Nations resolutions (see sect. 2 (a) below). Those letters were sent against a backdrop of continued military occupation and gradual annexation by Israel of the Palestinian and Arab territories, which resulted in a growing spiral of conflict, tension and violence in the region.
18. The Committee was increasingly concerned that the situation in the occupied Palestinian territories had continued to deteriorate, according to reports issued by a variety of sources, such as Governments, United Nations agencies, intergovernmental and non-governmental organizations, individual experts and the media. The Committee also reviewed with grave preoccupation the worsening situation of Palestinian refugees in south Lebanon, as a result of Israeli expansionist policies and practices.
19. The information reviewed by the Committee left no doubt that Israel had persisted in its policy of confiscating Arab-owned land in the occupied Palestinian territories and of increasing the size and number of its settlements, despite the fact that such policy is in violation of the Geneva Convention relative to the Protection of Civil Persons in Time of War, of 12 August 1949, 7/ and contrary to United Nations resolutions. At the same time, Israel had continued in its policy of Judaization of the occupied Palestinian territories through their gradual economic and administrating incorporation into the Israeli national system and the creation of conditions aimed at forcing the Palestinian population to emigrate from their land.
20. As in previous years, this creeping annexation of the occupied Palestinian territories was accompanied by measures designed to suppress all forms of resistance and of political, social, cultural and economic expression of the Palestinian people, as well as by acts of violence and provocation by Israeli troops and by armed Jewish settlers against Palestinians.
21. The Committee continued to be gravely concerned at the reinstatement in August 1985 of the emergency regulations of 1945, introduced during the British Mandate, which provide, inter alia, for deportation of persons, administrative detention without charges or trial for renewable six-month periods, and the closing-down of newspapers. This measure was reported to have become the corner-atone of a new repressive policy aimed at curbing activities in opposition to the occupation of the occupied Palestinian territories, and had been directed primarily at university students, trade unionists and journalists. It had resulted in the deportation of some 29 Palestinian activists from the occupied Palestinian territories during the period from August 1985 to April 1986 and the detention of more than 130 Palestinians in the same period. Restrictions on freedom of movement continued to be applied, such as denial of travel permits to attend meetings abroad and the refusal to allow re-entry to Palestinians who had been abroad. Measures had been taken to curtail trade-union activities, such as the banning of meetings, searching of trade-union premises, confiscation of documents and refusal to register new Arab unions.
22. The Committee also received reports indicating that arbitrary arrests and short-term detention without charge or trial continued in the occupied Palestinian territories. It wee also alleged that instances of torture had continued and that the conditions of detention and imprisonment of Palestinians continued to be inhumane, and included overcrowding, poor food, lack of adequate medical care, physical violence and verbal abuse by security guards. Palestinian political prisoners at several prisons had engaged in hunger-strikes at various times in protest against such conditions.
23. Reports in the Israeli and Arab press in the period under review also indicated that acts of collective punishment and other forms of repression against the Palestinian population by the Israeli occupying forces had become an almost routine occurrence. There were numerous reports of the use of tear-gas and the shooting of demonstrators, the storming of schools and refugee camps, the destruction of homes of residents accused of involvement in security incidents, house-to-house searches, beatings, the closing of schools and destruction of school property and various other forms of intimidation and harassment directed at the local population. Newspapers had been closed down on repeated occasions and censorship measures against the Arab press and individual journalists, writers, publishers and bookshop owners had continued unabated.
24. The Committee was also seriously concerned at reports of continued provocative activity by Jewish settlers, particularly their acts of vandalism and profanation directed at the Muslim holy sites in Hebron and Jerusalem, particularly the Haram al-Sharif and the Al-Aqsa Mosque, and their increasing encroachment on Arab lands and Arab towns, such as in Hebron, which was often accompanied by violence and destruction of property.
25. The Committee was gravely concerned at reports that the occupying authorities had continued in their policy of establishing complete economic control over the occupied Palestinian territories and of transforming them into a dependent entity whose socio-economic development would be geared to the benefit of Israel and not of the Palestinians, and to preventing the Palestinian people from exercising its right to self-determination and to establish its own independent State.
26. According to the annual report prepared by the International Labour Office, the economy of the occupied territories had continued to stagnate, there had been a decline in private investment and a slow-down in public investment, while increased taxes had been criticized as unfair in view of the few services the territories were offered in return. Unemployment, particularly among college graduates, had continued to grow. A large percentage of the revenue of the territories continued to come from the employment of residents in Israel, in most cases under conditions of inequality. The situation therefore was not conducive to autonomous development of the occupied Palestinian territories.
27. Reports reaching the Committee showed that the health situation of the Palestinian population remained unfavourable, with high infant mortality rates, nutritional problems and deficiencies in sanitation and water supply. There were continuing problems of lack of access by Palestinians to adequate medical facilities, owing to the insufficiency of facilities in the occupied territories, particularly after the closing of the Hospice hospital in the old city of Jerusalem, and to the high cost of medical care in Israel. In this respect, the Committee deplored the fact that the Special Committee of Experts of the World Health Organization (WHO) had been refused access to the occupied territories by the Israeli authorities, and noted that that Committee had expressed its great concern at the health situation in those territories.
28. The Committee wishes once again to express its utmost concern at these policies and practices of the Israeli authorities and to bring them forcefully to the attention of the General Assembly and the Security Council as they clearly violate the fourth Geneva Convention of 12 August 1949 7/ and have serious repercussions not only on the attainment by the Palestinians of their inalienable rights, but also on peace and security in the region, and on international efforts to achieve a just, lasting and comprehensive solution to the question of Palestine, the core of the Middle East conflict.
29. At the same time, the Committee noted with appreciation that, in his report on assistance to the Palestinian people (A/41/319-E/1986/72 and Corr.1 and Add.1 and 2), the Secretary-General indicated that agencies, organs and programmes of the United Nations system were continuing to provide assistance in accordance with their respective mandates and that the programme was viewed in the area as an increasingly important factor in the efforts to achieve development and self-sufficiency in the occupied territories.
2. |
Reactions to developments affecting the inalienable rights of the Palestinian people |
(a) Communications to the Secretary-General and the President of the Security Council
30. In response to developments affecting the inalienable rights of the Palestinian people, the Chairman of the Committee on several occasions, whenever urgent action was required, drew the attention of the Secretary-General and of the President of the Security Council to such developments and urged them to take appropriate measures in accordance with United Nations resolutions.
31. In his letters, the Chairman reiterated that the policies and practices of the Israeli authorities in the occupied territories were in violation of the fourth Geneva Convention, the Universal Declaration of Human Rights, and United Nations resolutions, and posed a serious obstacle to international efforts to achieve a just and lasting solution to the Palestine question, the core of the Middle East conflict. The letters also stressed the urgent necessity for a concentrated international effort towards a just solution to the Palestinian question and called for an early convening of the proposed International Peace Conference on the Middle East, in accordance with General Assembly resolution 38/58 C.
32. In a letter dated 13 November 1985, addressed to the Secretary-General (A/40/889-S/17630), the Chairman drew attention to action taken against Palestinians in the occupied territories as a result of the decision by the Israeli authorities to reinstate policies of administrative detention for up to six months without trial, deportation of persons who were considered "security risks", increased censorship and other measures.
33. In the same letter, the Chairman drew attention to reports that deportation orders had been issued on 28 October 1985 against four well-known Palestinian activists from the West Bank. The intended deportations had been protested by numerous groups and individuals within Israel and abroad.
34. Finally, the Chairman cited reports that arrests without charge had continued, and that 104 people had been so detained. He detailed other measures taken against Palestinians, such as curfews, searches, destruction of houses and censorship measures against the Arab press.
35. In a letter dated 5 February 1986, addressed to the Secretary-General (A/41/140-S/17800), the Chairman again took up the matter of deportation orders issued by the Israeli military authorities against Palestinians in the occupied West Bank. He referred to news dispatches reporting that three of the persons mentioned in his letter of 13 November 1985 (see pare. 33 above) had withdrawn their High Court Appeals against their deportation orders stating that they could not expect to get a fair trial in Israel. The Chairman noted that, under Israeli law, defense lawyers were not allowed to view evidence against their clients which judges believed would harm Israeli intelligence networks in the occupied territories. The High Court had, moreover, decided to disallow defence arguments based on the applicability of the fourth Geneva Convention of 1949 to the occupied Palestinian territories. The deportation orders had been carried out despite the obvious injustice of a measure against which there had been numerous protests, in Israel as well as abroad.
36. In the same letter, the Chairman said that the Israeli military governor had served deportation orders on four other West Bank Palestinians. If these were to take place, the number of Palestinians expelled from the occupied territories since the summer of 1985 would reach 29. The Chairman recalled that the Security Council had reaffirmed on several occasions the applicability of the fourth Geneva Convention of
12 August 1949 7/ to the occupied territories and that the General Assembly had adopted resolution 40/161 E of 16 December 1985, calling specifically for cancellation of the deportation orders against the four Palestinians mentioned above, and for an end to all deportations from the occupied territories.
37. In a letter dated 24 March 1986, addressed to the Secretary-General (A/41/229-S/17935), the Acting Chairman expressed the Committee's grave concern that the Israeli authorities had again refused travel permits to Palestinians living in the occupied territories who had been invited to attend a meeting sponsored by the Committee, namely, the meeting held at Geneva from 6 to 7 March to prepare for the Non-Governmental Organizations International Meeting. He recalled that the Committee had had occasion in the peat to deplore measures taken by the Israeli authorities against participation by Palestinians in United Nations meetings on the question of Palestine.
38. The Acting Chairman added that, in the opinion of the Committee, those measures were not based on security considerations, but rather, had been aimed at barring international exposure of conditions in the occupied territories and at preventing a meaningful dialogue among the various forces devoted to a peaceful solution, including the Palestinian people themselves. The Acting Chairman appealed to the Secretary-General to do all in his power to ensure that in future the Israeli authorities would not prevent Palestinians from participating in meetings organized by the Committee.
39. In a letter dated 5 June 1986, addressed to the Secretary-General (A/41/399-S/18133 and Corr.1), the Chairman expressed the Committee's grave concern at recent reports from the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) and in the media regarding renewed attacks against Palestinians in the refugee camps of Sabra, Shatila and Burj el-Barajneh in Beirut. The Committee wee particularly distressed to learn that neither UNRWA nor the International Committee of the Red Cross had been permitted to enter the camps to evacuate the wounded and provide medical help.
40. The Chairman reasserted that the United Nations, and in particular the Security Council, had a clear responsibility to ensure the physical safety of the Palestinians and to bring about the exercise of their inalienable rights, and urged the Secretary-General to continue to do all in his power to put an end to the senseless violence against the Palestinian refugee camps and to promote progress towards the attainment of a just and lasting solution in accordance with Unit d Nations resolutions.
41. The Chairman reverted to the same issue in his letter of 13 June 1986 (A/41/413-S/18159), stating that despite the appeal of the Security Council, the attacks against the refugee camps had continued and intensified, with tragic consequences for the civilian population, which had no adequate protection. He reaffirmed the responsibility of the United Nations, particularly the Security Council, to guarantee the physical safety of the Palestinian refugees, and earnestly requested the Secretary-General to take urgently all the necessary measures to put an end to the attacks and to provide emergency relief to the refugees.
(b) Action taken within the Security Council
42. In addition to transmitting letters to the Secretary-General and the President of the Security Council, the Committee followed closely the activities of the Council on matters relating to the Committee's mandate, and participated in Council debates as necessary.
43. In a letter dated 1 October 1985, addressed to the President of the Security Council (S/17509), the Permanent Representative of Tunisia requested an immediate meeting of the Council to consider the grave situation resulting from the violation of Tunisian airspace and the blatant act of aggression perpetrated by Israel against the territorial integrity, sovereignty and independence of Tunisia, which caused great lose of human life and considerable material damage. The Council considered the item at four meetings held between 2 and 4 October 1985.
44. At its 2615th meeting, on 4 October 1985, the Security Council adopted resolution 573 (1985), by which it vigorously condemned the act of armed aggression perpetrated by Israel against Tunisian territory, demanded that Israel refrain from perpetrating such acts of aggression or from the threat to do so, and considered that Tunisia had the right to appropriate reparations. The resolution was adopted by 14 votes to none, with
1 abstention.
45. In a letter dated 30 September 1985, addressed to the President of the Security Council (S/17507), the Permanent Representative of India, referring to the decision of the Conference of Foreign Ministers of Non-Aligned Countries, held at Luanda from 4 to
8 September 1985, requested, on behalf of the Movement of Non-Aliqned Countries, the urgent convening of the Security Council under the item "The Middle East problem including the Palestinian question".
46. The Security Council resumed its consideration of the item at five meetings, held between 9 and 11 October 1985.
47. At the 2620th meeting of the Council, on 10 October 1985, the Chairman of the Committee participated in the debate, stating that the fundamental reason for the cycles of violence in the Middle East wee the fact that the question of Palestine had not been resolved. That question wee at the heart of the Arab-Israeli conflict and deserved constant and continuing attention, with a view to arriving at a just and lasting solution.
48. Continuing, the Chairman stated that the United Nations, through the Security Council, unquestionably had the responsibility for ensuring recognition of the right of the Palestinian people to self-determination, to independence, to national sovereignty, to return, to recovery of its property, and to physical protection and decent living conditions in the refugee camps.
49. He recalled that the recommendations made by the Committee, although ever more firmly endorsed by the General Assembly, had neither been followed nor implemented by the Security Council. Those recommendations were solidly based on internationally recognized fundamental principles and the Committee remained convinced that positive measures by the Council to implement them would increase the possibility of the establishment of a just and lasting peace in the Middle East.
50. He further recalled that the General Assembly, in its resolution 38/58 C, had invited the Council to facilitate the organization of the proposed International Peace Conference on the Middle East. Stressing the primary role that should be played by the Council in such a conference, he stated that only the United Nations and the Council itself could ensure that agreements reach d would be universally valid and could be guaranteed and applied equitably by all the parties concerned. He urged the Council members not to miss this historic opportunity, and in particular he invited those who still had doubts or reservations or who had reject d the idea to reconsider their position and to work more constructively for the convening and the success of the conference.
51. At the end of the 2622nd meeting of the Council, on 11 October 1985, the President announced that the date of the next meeting of the Security Council to continue consideration of the item would be fixed in consultation with the members of the Council.
52. In a letter dated 16 January 1986, addressed to the President of the Security Council (S/17740), the Permanent Representative of Morocco, in his capacity as current Chairman of the Organization of the Islamic Conference, called attention to the serious threat to international peace and security resulting from Israeli acts of profanation committed recently against the sanctuary of Haram al-Sharif in Al-Quds (Jerusalem) and request d the convening of an urgent meeting of the Council to consider the situation. In a letter of the same date addressed to the President of the Council (S/17741), the Permanent Representative of the United Arab Emirates, in his capacity as Chairman of the Arab Group at the United Nations for the month of January 1986, called attention to the grave situation created in Jerusalem by Israeli actions violating the sanctity of the Haram al-Sharif, and requested that an urgent meeting of the Council be convened to consider that situation.
53. On the basis of the above requests, the Council resumed its consideration of the situation in the occupied Arab territories at eight meetings held between 21 and 30 January 1986.
54. At the 2645th meeting of the Council, on 22 January 1986, the Chairman of the Committee participated in the debate. Referring to the emotional significance of Jerusalem for three world religions and to the patient and determined efforts made over the years to arrive at a just and lasting peace in the region, he deplored the fact that an extremely serious denominational element had now been added to the conflict.
55. Reviewing events that had led to the convening of the Council, the Chairman said that a group of Israeli parliamentarians, some of whom were known for their advocacy of the expulsion of Arabs from Jerusalem and the West Bank, had visited the sanctuary on two occasions, with the permission of the Muslim authorities, for the declared purpose of inspecting construction work in progress. They had, however, used the visits as a pretext to engage in acts of provocation, such as reciting Jewish prayers and taking photographs. This had led to protest demonstrations by Arabs, which had been violently dispersed by the police, who had fired shots and used tear-gas, wounding five Arabs. Nineteen Arabs were also arrested. The reported behaviour on the part of Israeli parliamentarians was undoubtedly a Profanation of one of the most sacred places of Islam and had aroused anger not only in the occupied Arab territorial but also in the Muslim world at large. In the already highly charged atmosphere of the region, the religious provocation had compound d the political conflict, with unforeseeable and perhaps disastrous consequences for international peace and security.
56. He could not but conclude that the actions he had related were aimed at establishing permanent Israeli domination over all of Jerusalem and the occupied territories and creating a fait accompli by encouraging Arabs to emigrate permanently from the country. He referred to previous acts of aggression against the Muslim and Christian Holy places and particularly cited excavation work conducted at the Al-Aqsa Mosque, as well as criminal acts of arson and armed attack committed against the Mosque in August 1969 and in April 1982. In March 1983 and January 1984, attempts had even been made to blow up the structure.
57. The Chairman recalled many resolutions of the Council concerning the status of Jerusalem with which the Israeli authorities had failed to comply. In particular he cited resolutions 252 (1968) of 21 May 1968, 267 (1969) of 3 July 1969 and 271 (1969) of 15 September 1969, by which the Council had reaffirmed the principle of the inadmissibility of the acquisition of territory by military conquest and had confirmed in the moat explicit terms that all legislative and administrative measures taken by Israel to change the status of Jerusalem, in particular the "fundamentals law", were in violation of the fourth Geneva Convention of 12 August 1949, 7/ and as such, were completely null and void and must be rescinded immediately.
58. The Chairman went on to say that the Committee had unceasingly stressed that tension and violence would continue to grow in the occupied territories as long as the question of Palestine remained unresolved. It wee therefore more urgent than ever to initiate the negotiation process under the auspices of the United Nations.
59. At its 2650th meeting, on 30 January 1986, the Security Council had before it a draft resolution sponsored by the Congo, Ghana, Madagascar, Trinidad and Tobago and the United Arab Emirates (S/17769/Rev.1) by which the Council would have expressed its deep concern at "the provocative acts by Israelis, including members of the Knesset, which have violated the sanctity of the sanctuary of the Haram al-Sharif in Jerusalem" and would have strongly deplored them, affirming that "such acts constitute a serious obstruction to achieving a comprehensive, just and lasting peace in the Middle East, the failure of which could also endanger international peace and security".
60. By adopting the draft resolution, the Council would have determined once more that all measures taken by Israel to change the physical character, demographic composition, institutional structure or status of the Palestinian and other Arab territories occupied since 1967, including Jerusalem or any part thereof, had no legal validity, and that the settlement policy and practices were in flagrant violation of the fourth Geneva Convention, that all legislative and administrative measures taken by Israel, the occupying Power, which had altered or purported to alter the character and statue of the Holy City of Jerusalem were null and void and had to be rescinded forthwith.
61. The draft resolution also called upon Israel, the occupying Power, to observe scrupulously the norms of international law governing military occupation, to prevent any hindrance to the discharge of the established functions of the Supreme Islamic Council in Jerusalem and to implement forthwith the provisions of the resolution and of relevant Security Council resolutions. It would further have requested the Secretary-General to report to the Security Council on the implementation of the resolution by 1 May 1986.
62. The draft resolution received 13 votes to 1, with 1 abstention, and wee not adopted, owing to the negative vote of a permanent member of the Security Council.
63. The Committee further noted that, on 6 June 1986, following consultations, the President of the Security Council issued a statement on behalf of the members of the Council (S/18138), expressing grave concern at the continuing intensification of the fighting in Beirut, especially in and around the Palestinian refugee camps. The Council appealed to all concerned to use their influence in bringing about the cessation of the fighting in order to enable UNRWA as well as other humanitarian organizations to mount emergency operations for the benefit of the populations concerned, including the Palestinian refugees towards whom the international community had a particular responsibility.
3. |
Action taken by the Committee to promote the convening of the proposed International Peace Conference on the Middle East in accordance with General Assembly resolution 38/58 C of 13 December 1983 |
64. In resolution 40/96 D, the General Assembly, inter alia, reaffirmed again its endorsement of the call for convening the International Peace Conference on the Middle East in conformity with the provisions of its resolution 38/58 C, stressed the urgent need for additional constrictive efforts by all Governments in order to convene the conference without further delay and for the achievement of its peaceful objectives; determined that the question of Palestine wee the root cause of the Arab-Israeli conflict in the Middle East, called upon the Governments of Israel and the United States of America to reconsider their positions towards the attainment of peace in the Middle East through the convening of the conference, requested the Secretary-General, in consultation with the Security Council, to continue his efforts with a view to convening the conference and to report thereon to the General Assembly not later than 15 March 1986, and, decided to consider at its forty-first session the report of the Secretary-General on the implementation of the resolution.
65. Accordingly, in its prostrate of work for 1986 (A/AC.183/1986/CRP.l/Rev.2) the Committee decided that, in its activities during 1986, it would continue, as a matter of priority, to exert all efforts to promote the early convening of the proposed conference, while urging the understanding and further co-operation of all concerned for the resolution of a problem of such fundamental importance to the maintenance of international peace and security. This goal was also stressed by the Chairman in his letter to the Secretary-General, of 3 February 1986, inviting the participation of all States and intergovernmental organizations in the work of the Committee {see para. 13 above).
66. The Committee was greatly encouraged that, in seminars and in symposia and meetings of non-governmental organizations on the question of Palestine held under the aegis of the United Nations, participants strongly held that the convening of such a conference should be a priority matter since it offered the best and most comprehensive approach to a just and lasting solution to the question of Palestine, the core of the Arab-Israeli conflict (see paras. 82, 85, 88 and 97-99 below).
67. At its 122nd meeting, on 26 November 1985, the Committee had decided that, as stated in its report to the Assembly at its fortieth session, 8/ it intended to complete the process of sending delegations to the capitals of the members of the Security Council, and that arrangements for these visits would be decided in due course.
68. The Committee noted that, in his letter to the President of the Security Council in pursuance of resolution 40/96 D, included in his report on the matter (A/41/215-S/17916), the Secretary-General had stated that, in the light of the debate of the General Assembly on the above resolution and other available information, he believed that the obstacles that had so far prevented the convening of the International Peace Conference on the Middle East as called for by the General Assembly still existed. However, he also believed that the observations contained in his report of 22 October 1985 (A/40/779-S/17581) remained valid.
69. The Committee further noted that, in his reply to the Secretary-General of
28 February 1986, the President of the Security Council said that he had undertaken the necessary consultations with regard to the proposed conference. It wee clear from those consultations that almost all members were in favour of the principle of holding such a conference. The majority of those members felt that it should be convened as early as possible. Others considered that the conditions for the success of the conference did not yet exist and felt that new efforts should be made in that respect. The President said that, in that context, members of the Council invited the Secretary-General to continue his efforts and consultations on the subject in the light of General Assembly resolution 40/96 D.
70. The Committee noted with appreciation that the Secretary-General intended to pursue his efforts in the light of General Assembly resolution 40/96 D and the views expressed by members of the Security Council and that he would keep the General Assembly and the Security Council informed of any new developments in this regard.
71. In accordance with its mandate, since its previous report to the General Assembly, the Committee was represented at the following international conferences and meetings:
(a) Meeting in observance of the Day of Solidarity with South African Political Prisoners, held in New York on 11 October 1985;
(b) Meeting of the United Nations Council for Namibia to mark the commemoration of the Week of Solidarity with the People of Namibia and Their Liberation Movement, SWAPO, held in New York on 28 October 1985;
(c) Sixteenth Islamic Conference of Foreign Ministers, held at Fez from 4 to 10 January 1986;
(d) Meeting in observance of the International Day for the Elimination of Racial Discrimination, held in New York on 21 March 1986;
(e) Ministerial Meeting of the Co-ordinating Bureau of Non-Aligned Countries, held at New Delhi, from 16 to 19 April 1986;
(f) Fourteenth Council Session of the Afro-Asian People's Solidarity Organization, held in Moscow from 14 to 17 May 1986;
(g) Seminar on World Action for the Immediate Independence of Namibia., held at Valletta, Malta, from 19 to 23 May 1986;
(h) World Conference on Sanctions against Racist South Africa, held in Paris from 16 to 20 June 1986;
(i) International Conference for the Immediate Independence of Namibia, held at Vienna from 7 to 11 July 1986;
(j) Forty-fourth ordinary session of the Council of Ministers and twenty-second session of the Assembly of Heads of State and Government of the Organization of African Unity, held at Addis Ababa, from 21 to 30 July 1986;
(k) Solemn meeting in commemoration of Namibia Day, held in New York on 26 August 1986;
(l) Eighth summit Conference of Heads of State or Government of Non-Aligned Countries, held at Harare, from 26 August to 7 September 1986.
5. |
Action taken by United Nations bodies, the Movement of Non-Aligned Countries and intergovernmental organizations |
72. The Committee continued to follow with great interest and to note the actions taken by the Movement of the Non-Aligned Countries, United Nations bodies and intergovernmental organizations on matters relevant to its mandate since the submission of its report to the General Assembly at its fortieth session. The Committee was greatly encouraged that, in various decisions and resolutions adopted by those bodies, as listed hereunder, all previous decisions regarding a comprehensive and peaceful settlement of the Palestine question were once again reaffirmed, and strengthened support was expressed for the Committee's recommendations, in particular for the early convening of the proposed International Peace Conference on the Middle East, in accordance with General Assembly resolution 38/58 C:
(a) Communiqué of the Co-ordination Meeting of the Ministers for Foreign Affairs of the Organization of the Islamic Conference, held in New York on 9 October 1985 (A/40/758-S/17570, annex);
(b) Communiqué adopted by Heads of Government of Commonwealth States at their summit, held at Nassau from 16 to 22 October 1985 (A/40/817, annex);
(c) Paragraph on the Middle East problem in the Declaration of the member States of the Warsaw Treaty Organization, issued at Sofia on 23 October 1985 (A/C.1/40/7, annex, acct. IV);
(d) Conference of African Ministers of Information at its first extraordinary session, held at Cairo from 23 to 25 November 1985 (A/40/980, annex, resolution ECIM/RES.3 (I));
(e) Sixteenth Islamic Conference of Foreign Ministers, held at Fez from 6 to 10 January 1986 (A/41/326-S/18049, annex III, resolutions 1/16-P, 2/16-P and 8/16-P);
(f) Final communiqué of the tenth session of the Al-Quds Committee of the Organization of the Islamic Conference, held at Marrakesh on 21 and 22 January 1986 (A/41/113-S/17760, annex);
(g) Forty-second session of the Commission on Human Rights, held at Geneva from 3 February to 14 March 1986 (resolutions 1986/1 A and B); 9/
(h) 75th Inter-Parliamentary Conference of the Inter-Parliamentary Union, held at Mexico City from 7 to 12 April 1986 (A/41/435, annex);
(i) Ministerial Meeting of the Co-ordinating Bureau of Non-Aligned Countries, held at New Delhi from 16 to 19 April 1986 (A/41/341 and Corr.1, resolutions XVII and XIX);
(j) Thirty-ninth World Health Assembly, Geneva (resolution WHA 39.10 of 15 May 1986);
(k) Economic and Social Council, first and second regular sessions of 1986 (resolutions 1986/21 of 23 May 1986 (E/1986/INF/4) and 1986/49 of 22 July 1986 (E/1986/INF/7));
(l) Declaration on the situation in Lebanon adopted by the Foreign Ministers of the 12 States members of the European Community at The Hague on 27 June 1986 (A/41/441-S/18197);
(m) Forty-fourth ordinary session of the Council of Ministers and twenty-second session of the Assembly of Heads of State and Government of the Organization of African Unity, held at Addis Ababa from 21 to 30 July 1986 (resolution CM/RES.1061 (XLIV));
(n) Declaration adopted at the eighth summit Conference of Heads of State or Government of Non-Aligned Countries, held at Harare from 26 August to 7 September 1986 (chaps. XVII and XIX).
B. |
Action taken by the Committee in accordance with General Assembly resolutions 40/96 A and B of 12 December 1985 |
73. A number of activities were undertaken by the Committee and by the Division for Palestinian Rights of the Secretariat, under the Committee's guidance, with the objective of further expanding co-operation with non-governmental organizations active on the question of Palestine, particularly through additional meetings for such organizations, in order to heighten awareness of the facts relating to the question of Palestine and to create a more favourable atmosphere for the full implementation of the recommendations of the Committee.
74. In accordance with its mandate from the General Assembly, the Committee had decided to hold, in 1986, regional symposia for non-governmental organizations in Latin America, North America and Europe' an international meeting of non-governmental organizations, and two preparatory meetings for the North American symposium and the international meeting respectively.
75. In view of the financial crisis of the United Nations, and in response to the proposals for cost-saving measures formulated by the Secretary-General in his report to the General Assembly at its resumed fortieth session (A/40/1102 and Corr.1), the Committee decided to adjust its calendar of meetings for 1986 by deferring to 1987 the Latin American symposium and by combining the European regional symposium and the international meeting in a single event. It also decided to keep travel costs and other expenses to a minimum in carrying out its programme of work.
76. The Committee had earlier decided, in accordance with past practice, to combine the North American symposium and the North American seminar in a single event.
77. In deciding on those measures, the Committee expressed a desire to respond to the Secretary-General's efforts to generate immediate savings, in a way, however, that would not be detrimental to the future programme of work of the Committee, and stressed that the achievement of its goals, as mandated by the General Assembly, remained of primary importance for the international community.
78. In accordance with its decision to continue to give utmost priority to efforts to promote the early convening of the proposed International Peace Conference on the Middle East, in accordance with General Assembly resolution 38/58 C, the Committee decided that the non-governmental symposia and meetings should continue to emphasize the importance of convening the conference and structured the programmes for those activities accordingly.
79. The preparatory meeting for the North American regional symposium for non-governmental organizations was held at United Nations Headquarters on 24 and
25 February 1986 and was attended by the members of the North American Interim Co-ordinating Committee of Non-governmental Organizations, elected by the participants at the North American regional symposium for non-governmental organizations held in July 1985. The meeting worked out the various aspects of the programme for the symposium and the modalities for expanding the network of non-governmental organizations active on the question of Palestine in North America.
80. The Preparatory meeting for the International Meeting of Non-Governmental Organizations wee held at the United Nations Office at Geneva on 6 and 7 March 1986 and was attended by members of the International Co-ordinatinq Committee of Non-Governmental Organizations elected by the participants at the International Meeting of Non-Governmental Organizations held in September 1985. In that connection, the Committee deplored that the Israeli authorities had again prevented two representatives from the occupied territories from attending the meeting (see pare. 37 above). In accordance with its mandate, the preparatory meeting worked out the details of the programme for the International Meeting of Non-Governmental Organizational
81. The North American regional non-governmental organization symposium for non-governmental organizations was held at United Nations Headquarters from 11 to
13 June 1986, immediately following the North American regional seminar (see para. 94 below). The symposium was attended by 44 participants and 6 observers from non-governmental organizations in the United States and Canada, by a delegation of the Committee, and by a number of observers from governmental and intergovernmental organizations and liberation movements. It considered the following topics:
(a) Urgency of creating the conditions for the convening of the International Peace Conference on the Middle East in accordance with General Assembly resolution 38/58 C;
(b) Way a and means of building popular North American support for a just and lasting peace in the Middle East.
82. The Committee noted with appreciation that the symposium adopted a declaration strongly supporting the convening of the International Peace Conference on the Middle East in accordance with General Assembly resolution 38/58 C and calling upon the peoples and Governments of the United States and Canada to take all possible steps to secure the implementation of that resolution in order to achieve a comprehensive, just and lasting peace in the Arab-Israeli conflict, the core of which was the question of Palestine. The Committee was also pleased that the symposium participants agreed on common objectives and strategies to be implement d by North American non-governmental organizations to promote a just and lasting peace in the Middle East, and established a North American Co-ordinating Committee to co-ordinate their work. The full text of the declaration was issued as a Committee document (A/AC.183/1986/3), and the report of the symposium wee issued as a special bulletin of the Division for Palestinian Rights.
83. The European regional symposium for non-governmental organizations was held at the United Nations Office at Vienna on 30 June and 1 July 1986, immediately followed by the International Meeting of Non-Governmental Organizations, from 2 to 4 July 1986.
84. The symposium was attended by 33 participants and 13 observers from non-governmental organizations in various European countries, by a delegation of the Committee, and by observers from Governments and intergovernmental organizations.
85. The main topic of the symposium was "Europe confronting its responsibilities for a comprehensive, just and lasting peace in the Middle East: efforts by the United Nations". The Committee noted with appreciation that the symposium had adopted a declaration upholding the proposed International Peace Conference on the Middle East in accordance with General Assembly resolution 38/58 C, with the participation of all parties concerned, including the PLO as the legitimate representative of the Palestinian people, and calling upon all European Governments to support the convening of the International Peace Conference and to work for its realization as a top priority. The Committee wee also pressed that the symposium participants had agreed on common objectives and activities for European non-governmental organizations with a view to encouraging their Governments to pursue those policies, and had established a European Co-ordinating Committee to harmonize their future work. The full text of the declaration wee issued as document A/AC.183/1986/4, and the report of the symposium wee published as a special bulletin of the Division for Palestinian rights.
86. The International Meeting of Non-Governmental Organizations was attended by 66 participants and 16 observers from non-governmental organizations in the international community, by a delegation of the Committee and by observers from Governments and intergovernmental organizations.
87. It considered the following topics:
(a) The need for and urgency of convening the International Peace Conference on the Middle East in accordance with General Assembly resolution 38/58 C;
(i) |
The situation of Palestinians in the territories occupied by Israel in 1967; |
(ii) |
The costs and dangers of not implementing resolution 38/58 C; |
(iii) |
Ways and means of promoting the early implementation of resolution 38/58 C; |
(iv) |
United Nations endeavours and key United Nations resolutions bearing upon the convening of the International Peace Conference; |
(b) Mobilization of public opinion and the question of Palestine.
88. The Committee noted with appreciation that, in the declaration adopted at the end of the meeting, the participating non-governmental organizations had once again expressed their support for the proposed International Peace Conference on the Middle East in accordance with General Assembly resolution 38/58 C, with the participation of all parties concerned on an equal footing. The Committee further noted with appreciation that the non-governmental organizations had agreed on common objectives and strategies and had expressed their determination to strengthen their efforts for the achievement of a peaceful solution to the question of Palestine, in particular in the fields of human rights, development and mobilization of international public opinion. The full text of the declaration was issued as document A/AC.183/1986/5, and the report on the meeting was published as a special bulletin of the Division for Palestinian Rights.
2. Seminars
89. In its programme of work for 1986, the Committee decided that regional seminars would be held in Europe, Africa and North America. In addition, as mentioned above, it was decided that the North American seminar and symposium would be combined.
90. The Committee further decided that the regional seminars would address the following topics:
(a) The International Peace Conference on the Middle East, in accordance with General Assembly resolution 38/58 C, the need for such a conference and efforts and prospects to promote a successful outcome and benefits thereof;
(b) |
The role of the Palestine Liberation Organization; |
(c) |
The question of Palestine and public opinion [in the region concerned]; |
(d) |
The United Nations and the question of Palestine. |
91. It was also decided that other topics of Particular relevance to the region concerned might be added.
92. The Committee appreciated the decision of the Government of Turkey to provide the venue for the European regional seminar (the thirteenth United Nations Seminar on the Question of Palestine), which took place at Istanbul from 7 to 11 April 1986.
93. The conclusions and recommendations of the seminar have been issued as Committee document A/AC.183/1986/1. The full text of the report of the seminar has been published as a special bulletin of the Division for Palestinian Rights.
94. The fourteenth United Nations Seminar on the Question of Palestine was held at United Nations Headquarters from 9 to 10 June 1986. The seminar concentrated on the topic relating to "The International Conference on the Middle East in accordance with General Assembly resolution 38/58 C, the need for such a conference and efforts and prospects to promote a successful outcome and benefits thereof". The conclusions and recommendations adopted by the seminar have been issued as Committee document A/AC.183/1986/2. The full text of the report of the seminar has been published as a special bulletin of the Division for Palestinian Rights.
95. The Committee appreciated the decision of the Government of Kenya to agree to the holding of the fifteenth United Nations Seminar on the Question of Palestine at the United Nations Office at Nairobi, where it took place from 18 to 22 August 1986.
96. In addition to the topics mentioned above (pare. 90), the seminar also considered the relations between Israel and South Africa. The conclusions and recommendations of the seminar have been issued as Committee document A/AC.183/1986/6. The full text of the report of the seminar has been published as a special bulletin of the Division for Palestinian Rights.
97. The Committee noted that, in their conclusions and recommendations, the participants in the three regional seminars had reaffirmed that the problem of the exercise of the inalienable rights of the Palestinian people remained the core of the Middle East conflict and that no comprehensive, just and lasting peace in the region could be achieved without the realization of those rights in accordance with United Nations resolutions.
98. The Committee was encouraged that the seminar participants had also reaffirmed the need for convening the International Peace Conference on the Middle East under the auspices of the United Nations in accordance with General Assembly resolution 38/58 C, and that they had appealed to those States Members of the United Nations which did not support the attainment of the inalienable rights of the Palestinian people, especially the United States and Israel, to reconsider their position towards the solution of the problem.
99. The Committee further noted that the seminar participants had recommended the intensification of political and diplomatic efforts by all concerned for realizing a comprehensive, just and durable settlement of the conflict in the Middle East, and that they had called for additional efforts by the United Nations and by all concerned to influence public opinion in that direction through wider dissemination of accurate information on the question of Palestine.
3. Other activities
100. The Committee noted with appreciation that the Division for Palestinian Rights of the Secretariat had pursued its programme of research and publications relating to various aspects of the question of Palestine in the year under review.
101. The International Day of Solidarity with the Palestinian People was observed on
29 November 1985 at the Headquarters of the United Nations in New York and at the United Nations Offices at Geneva and Vienna. The Committee noted with appreciation that the International Day had been equally commemorated in many other cities throughout the world in 1985.
V. |
ACTION TAKEN BY THE DEPARTMENT OF PUBLIC INFORMATION IN ACCORDANCE WITH GENERAL ASSEMBLY RESOLUTION 40/96 C |
102. The Committee noted with appreciation that, during the past year, the Department of Public Information had continued its information programme on the question of Palestine, in accordance with previous relevant General Assembly resolutions, with a view to furthering the world-wide dissemination of accurate and comprehensive information on the question. However, the financial situation of the United Nations has led to the curtailment of several activities in this regard. The information programme included publications, radio-visual coverage, a fact-finding mission for journalists to the Middle East and a series of national and regional encounters for journalists.
103. In publication activity, the Department continued to disseminate information on the question of Palestine through articles, press releases and booklets. In particular, the Department published a 37-page booklet entitled The United Nations and the Question of Palestine, which deals comprehensively with the relevant activities of the Organization from the first special session of the General Assembly in 1947 to programmes carried out in 1985. 10/
104. The UN Chronicle also reported on the consideration given to the question of Palestine and other relevant items by the General assembly at its fortieth session, the Security Council and other United Nations bodies. The Department also disseminated, as widely as possible, information regarding the seminars and symposia held by the Committee.
105. The Department's coverage of the question of Palestine included radio news programme broadcasts in all the official languages of the United National The occasion of the International Day of Solidarity with the Palestinian People, 29 November 1986, will be highlighted in feature programmes and news dispatches. In addition, an exclusive series of radio programmes will be produced, four each in Arabic, English, French and Spanish.
106. As part of its ongoing visual coverage of events at Headquarters, the Department produced a substantial number of television news items on the question of Palestine and related Middle East events. A Spanish language magazine on the Middle East wee produced and disseminated to sex countries in Latin America.
107. The News Production Section of the Department will cover the International Day of Solidarity with the Palestinian People, on 29 November 1986, and the deliberations on the question of Palestine and other relevant items during the forty-first session of the General Assembly. It is also anticipated that Chinese and French television magazines will each produce at least one programme on the question of Palestine during 1986. Due to the financial situation of the United Nations, the production of a new short film on the question of Palestine was deferred to 1987.
108. Activities that focused on acquainting the media with the facts and developments pertaining to the question of Palestine included a fact-finding mission to the Middle East. A team of seven prominent journalists and media representatives from various parts of the world visited Egypt, Jordan and the Syrian Arab Republic from 27 April to 15 May 1986. Visits to Israel and the West Bank were not possible since no response was received from Israel to an official request for such visits. The purpose of the mission wee to provide an opportunity for the participants to learn at first hand and in depth about the various aspects of the question through discussions with senior officials and prominent personalities and also visits to Palestinian refugee camps. The mission met with high-level officials and Palestinian leaders and received extensive media coverage during the visit. Participants published numerous articles upon their return to their home countries.
109. In 1986, as in 1985, the Department organized two regional encounters for journalists on the question of Palestine, bringing high-level journalists together with experts on the question of Palestine. The first encounter was held at Vienna, Austria, for the European region, from 25 to 28 February 1986. The second at Lusaka, Zambia, from 12 to 15 August 1986. The objective of both encounters wee to promote a better understanding of the question among leaders of the media by bringing them together with experts on the subject for brief, informal discussions. Accordingly, 15 high-level journalists from the press, radio and television media participated in each encounter. The journalists were impressed by the high calibre of the panelists and by the informal and candid character of the presentations made. It was their belief that the encounter, which they found useful, informative and interesting, had greatly increased their knowledge of the subject.
110. The Department also organized a series of national encounters in which a team of expert panelists held meetings, in the form of in-depth press conferences, with national journalists and foreign correspondents in various countries. European national encounters were held in Denmark, Hungary and Greece between 24 February and 6 March 1986. Another national encounter for Africa wee held at Nairobi, Kenya, on 18 August 1986.
111. United Nations information centres throughout the world continued to carry out information activities in connection with the question of Palestine and made available to the public United Nations publications on the subject. The centres will also organize a world-wide observance of the International Day of Solidarity with the Palestinian People on 29 November 1986.
112. The Committee contends that action by the Security Council is now required to take positively into account the recommendations of the Committee and those adopted by consensus at the International Conference on the Question of Palestine, held at Geneva from 29 August to 7 September 1983, and endorsed by General Assembly resolution 38/58 C. It once again recalls that those recommendations are solidly founded on fundamental and internationally recognized principles relating to the question of Palestine, the core of the Arab-Israeli conflict.
113. The Committee wishes to stress once again that it considers the convening of the International Peace Conference on the Middle East in accordance with General Assembly resolution 38/58 C, to be an essential element in the progress towards a solution of the question of Palestine. It also notes that there is overwhelming support for that conference. The Committee intends to continue to make the convening of the conference the focal point of its work programme and to do everything possible to increase awareness of the importance of that conference through contacts with Governments as well as with non-governmental organizations.
114. The Committee therefore annexes its recommendations and those of the International Conference on the Question of Palestine, held at Geneva in 1983, to the present report (see annexes I and II).
115. The Committee stresses that its original recommendations were specifically designed to enable the Palestinian people to attain its inalienable rights, as affirmed in General Assembly resolution 3236 (XXIX).
116. The Committee also stresses that the Geneva Declaration on Palestine, adopted by the International Conference on the Question of Palestine, contained specific guidelines for the achievement of a comprehensive, just and lasting solution to the Arab-Israeli conflict, of which an essential element would be the establishment of an independent Palestinian State in Palestine. Those guidelines were endorsed by the General Assembly in its resolution 38/58 C, and reaffirmed in resolutions 39/49 D and 40/96 D which, inter alia, stressed the urgent need for additional constructive efforts by all Governments in order to convene the conference without further delay and for the achievement of its peaceful objectives.
117. The Committee strongly points out that the question of Palestine has reached a critical phase and urges a renewed, concentrated and collective effort to find a just solution under United Nations auspices, on the basis of relevant United Nations resolutions and end the unacceptable plight of the Palestinian people.
118. To this end, the Committee is convinced that the International Peace Conference on the Middle East, as endorsed in General Assembly resolution 38/58 C, and generating quasi-unanimous support, provides a comprehensive opportunity for all the parties concerned to participate in negotiations that should lead to a just and lasting solution of the question.
119. The Committee recommends that the General Assembly should call once again upon Israel and the United States to reconsider their positions towards the attainment of peace through the convening of the conference, appeal to all countries to exert their best efforts to achieve the convening of that conference, and renew the mandate of the Secretary-General to continue his contacts, in consultation with the Security Council, on the preparations for the convening of the conference.
120. The Committee is pleased and greatly encouraged by the widespread understanding it has already secured, and the favourable reaction of non-governmental organizations and international public opinion in general to its recommendations. The Committee will continue to engage in the process of evaluating the progress achieved and the experience gained in its various activities, with the goal of achieving optimum effectiveness and impact in carrying out its mandate.
Notes
1/ The Committee is composed of the following members: Afghanistan, Cuba, Cyprus, German Democratic Republic, Guinea, Guyana, Hungary, India, Indonesia, Lao People's Democratic Republic, Madagascar, Malaysia, Mali, Malta, Nigeria, Pakistan, Romania, Senegal, Sierra Leone, Tunisia, Turkey, Ukrainian Soviet Socialist Republic and Yugoslavia.
2/ Official Records of the General Assembly, Thirty-first Session, Supplement No. 35 (A/31/35).
3/ Ibid., Thirty-second Session, Supplement No. 35 (A/32/35); ibid., Thirty-third Session, Supplement No. 35 (A/33/35 and Corr.1); ibid., Thirty-fourth Session, Supplement No. 35 (A/34/35 and Corr.1); ibid., Thirty-fifth Session, Supplement No. 35 (A/35/35 and Corr.1); ibid., Thirty-sixth Session, Supplement No. 35 (A/36/35); ibid., Thirty-seventh Session, Supplement No. 35 (A/37/35 and Corr.1); ibid., Thirty-eighth Session, Supplement No. 35 (A/38/35) ; ibid., Thirty-ninth Session, Supplement No. 35 (A/39/35); and ibid., Fortieth Session, Supplement No. 35 (A/40/35).
4/ Report of the International Conference on the Question of Palestine, Geneva, 29 Auqust – 7 September 1983 (United Nations publication, Sales No. E.83.I.21), chap. I, acct. B.
5/ The observers at the Committee meetings were as follows: Algeria, Bulgaria, China, Czechoslovakia, Ecuador, Egypt, Iraq, Jordan, Lebanon, Libyan Arab Jamahiriya, Mauritania, Morocco, Nicaragua, Niger, Sri Lanka, Syrian Arab Republic, United Arab Emirates, Viet Nam, the League of Arab States and the Organization of the Islamic Conference. The Palestine Liberation Organization, as the representative of the Palestinian people, the principal party to the question of Palestine, was also an observer.
6/ The current membership of the Working Group is as follows: Afghanistan, Cuba, German Democratic Republic, Guinea, Guyana, India, Malta, Pakistan, Senegal, Tunisia, Turkey, Ukrainian Soviet Socialist Republic and, as the representative of the people directly concerned, the Palestine Liberation Organization.
7/ United Nations, Treaty Series, vol. 75, No. 973, p. 287.
8/ Official Records of the General Assembly, Fortieth Session, Supplement No. 35 (A/40/35), para. 169.
9/ Official Records of the Economic and Social Council, 1986, Supplement No. 2 (E/1986/22), chap. II.
10/ The booklet (DPI/861) is currently available in English, the Arabic, French, German and Spanish versions are in production.
ANNEX I
Recommendations of the Committee endorsed by the General Assembly
at its thirty-first session a/
I. Basic considerations and guidelines
59. The question of Palestine is at the heart of the Middle East problem, and, consequently, the Committee stressed its belief that no solution in the Middle East can be envisaged which does not fully take into account the legitimate aspirations of the Palestinian people.
60. The legitimate and inalienable rights of the Palestinian people to return to their homes and property and to achieve self-determination, national independence and sovereignty are endorsed by the Committee in the conviction that the full implementation of these rights will contribute decisively to a comprehensive and final settlement of the Middle East crisis.
61. The participation of the Palestine Liberation Organization, the representative of the Palestinian people, on an equal footing with other parties, on the basis of General Assembly resolutions 3236 (XXIX) and 3375 (XXX) is indispensable in all efforts, deliberations and conferences on the Middle East which are held under the auspices of the United Nations.
62. The Committee recalls the fundamental principle of the inadmissiblity of the acquisition of territory by force and stresses the consequent obligation for complete and speedy evacuation of any territory so occupied.
63. The Committee considers that it is the duty and the responsibility of all concerned to enable the Palestinians to exercise their inalienable rights.
64. The Committee recommends an expanded and more influential role by the United Nations and its organs in promoting a just solution to the question of Palestine and in the implementation of such a solution. The Security Council, in particular should take appropriate action to facilitate the exercise by the Palestinians of their right to return to their homes, lands and property. The Committee, furthermore, urges the Security Council to promote action towards a just solution, taking into account all the powers conferred on it by the Charter of the United Nations.
65. It is with this perspective in view and on the basis of the numerous resolutions of the United Nations, after due consideration of all the facts, proposals and suggestions advanced in the course of its deliberations, that the Committee submits its recommendations on the modalities for the implementation of the exercise of the inalienable rights of the Palestinian people.
II. The right of return
66. The natural and inalienable right of Palestinians to return to their homes is recognized by resolution 194 (III), which the General Assembly has reaffirmed almost every year since its adoption. This right was also unanimously recognized by the Security Council in its resolution 237 (1967); the time for the urgent implementation of these resolutions is long overdue.
67. Without prejudice to the right of all Palestinians to return to their homes, lands and property, the Committee considers that the programme of implementation of the exercise of this right may be carried out in two phases:
Phase one
68. The first phase involves the return to their homes of the Palestinians displaced as a result of the war of June 1967. The Committee recommends that:
(i) |
The Security Council should request the immediate implementation of its resolution 237 (1967) and that such implementation should not be related to any other condition; |
(ii) |
The resources of the International Committee of the Red Cross (ICRC) and/or of the United Nations Relief and Works Agency for Palestine Refugees in the Near East, suitably financed and mandated, may be employed to assist in the solution of any logistical problems involved in the resettlement of those returning to their homes. These agencies could also assist, in co-operation with the host countries and the Palestine Liberation Organization, in the identification of the displaced Palestinians. |
Phase two
69. The second phase deals with the return to their homes of the Palestinians displaced between 1948 and 1967. The Committee recommends that:
(i) |
While the first phase is being implemented, the United Nations in co-operation with the States directly involved, and the Palestine Liberation Organization as the interim representative of the Palestinian entity, should proceed to make the necessary arrangements to enable Palestinians displaced between 1948 and 1967 to exercise their right to return to their homes and property, in accordance with the relevant United Nations resolutions, particularly General Assembly resolution 194 (III); |
(ii) |
Palestinians not choosing to return to their homes should be paid just and equitable compensation as provided for in Assembly resolution 194 (III). |
III. The right to self-determination, national independence and sovereignty
70. The Palestinian people has the inherent right to self-determination, national independence and sovereignty in Palestine. The Committee considers that the evacuation of the territories occupied by force and in violation of the principles of the Charter and relevant resolutions of the United Nations is a conditio sine qua non for the exercise by the Palestinian people of its inalienable rights of Palestinians to their homes and property and with the establishment of an independent Palestinian entity, the Palestinian people will be able to exercise its rights to self-determination and to decide its form of government without external interference.
71. The Committee also feels that the United Nations has an historical duty and responsibility to render all assistance necessary to promote the economic development and prosperity of the Palestinian entity.
72. To these ends, the Committee recommends that:
(a) A timetable should be established by the Security Council for the complete withdrawal by Israeli occupation forces from those areas occupied in 1967; such withdrawal should be completed no later than 1 June 1977;
(b) The Security Council may need to provide temporary peace-keeping forces in order to facilitate the process of withdrawal;
(c) Israel should be requested by the Security Council to desist from the establishment of new settlements and to withdraw during this period from settlements established since 1967 in the occupied territories. Arab property and all essential services in these areas should be maintained intact;
(d) Israel should also be requested to abide scrupulously by the provisions of the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949, and to declare, pending its speedy withdrawal from these territories, its recognition of the applicability of that Convention;
(e) The evacuated territories, with all property and services intact, should be taken over by the United Nations, which with the co-operation of the League of Arab States, will subsequently hand over these evacuated areas to the Palestine Liberation Organization as the representative of the Palestinian people,
(f) The United Nations should, if necessary, assist in establishing communications between Gaza and the West Bank;
(g) As soon as the independent Palestinian entity has been established, the United Nations, in co-operation with the States directly involved and the Palestinian entity, should, taking into account General Assembly resolution 3375 (XXX), make further arrangements for the full implementation of the inalienable rights of the Palestinian people, the resolution of outstanding problems and the establishment of a just and lasting peace in the region, in accordance with all relevant United Nations resolutions;
(h) The United Nations should provide the economic and technical assistance necessary for the consolidation of the Palestinian entity.
Notes
a/ Official Records of the General Assembly, Thirty-second Session, Supplement No. 35 (A/32/35).
ANNEX II
A. Geneva Declaration on Palestine a/
In pursuance of General Assembly resolutions 36/120 C of 10 December 1981, ES-7/7 of 19 August 1982 and 37/86 C of 10 December 1982, an International Conference on the Question of Palestine was convened at the United Nations Office at Geneva from 29 August to 7 September 1983 to seek effective ways and means to enable the Palestinian people to attain and to exercise their inalienable rights. The Conference was opened by the Secretary-General of the United Nations, Javier Pérez de Cuéllar, and presided over by the Minister for Foreign Affairs of Senegal, Moustapha Niassé.
* * *
1. The Conference, having thoroughly considered the question of Palestine in all its aspects, expresses the grave concern of all nations and peoples regarding the international tension that has persisted for several decades in the Middle East, the principal cause of which is the denial by Israel, and those supporting its expansionist policies, of the inalienable legitimate rights of the Palestinian people. The Conference reaffirms and stresses that a just solution of the question of Palestine, the core of the problem, is the crucial element in a comprehensive, just and lasting political settlement in the Middle East.
2. The Conference recognizes that, as one of the most acute and complex problems of our time, the question of Palestine – inherited by the United Nations at the time of its establishment – requires a comprehensive, just and lasting political settlement. This settlement must be based on the implementation of the relevant United Nations resolutions concerning the question of Palestine and the attainment of the legitimate, inalienable rights of the Palestinian people, including the right to self-determination and the right to the establishment of its own independent State in Palestine and should also be based on the provision by the Security Council of guarantees for peace and security among all States in the region, including the independent Palestinian State, within secure and internationally recognized boundaries. The Conference is convinced that the attainment by the Palestinian people of their inalienable rights, as defined by General Assembly resolution 3236 (XXIX) of 22 November 1974, will contribute substantially to the achievement of peace and stability in the Middle East.
3. The Conference considers the role of the United Nations in the achievement of a comprehensive, just and lasting peace in the-Middle East to be essential and paramount. It emphasizes the need for respect for, and application of the provisions of the Charter of the United Nations, the resolutions of the United Nations relevant to the question of Palestine and the observance of the principles of international law.
4. The Conference considers that the various proposals, consistent with the principles of international law, which have been presented on this question, such as the Arab peace plan adopted unanimously at the Twelfth Arab Summit Conference (see A/37/696-S/15510, annex), held at Fez, Morocco, in September 1982, should serve as guidelines for concerted international effort to resolve the question of Palestine. These guidelines include the following:
(a) The attainment by the Palestinian people of its legitimate inalienable rights, including the right to return, the right to self-determination and the right to establish its own independent State in Palestine;
(b) The right of the Palestine Liberation Organization, the representative of the Palestinian people, to participate on an equal footing with other parties in all efforts, deliberations and conferences on the Middle East;
(c) The need to put an end to Israel's occupation of the Arab territories, in accordance with the principle of the inadmissibility of the acquisition of territory by force, and, consequently, the need to secure Israeli withdrawal from the territories occupied since 1967, including Jerusalem;
(d) The need to oppose and reject such Israeli policies and practices in the occupied territories, including Jerusalem, and any de facto situation created by Israel as are contrary to international law and relevant United Nations resolutions, particularly the establishment of settlements, as these policies and practices constitute major obstacles to the achievement of peace in the Middle East;
(e) The need to reaffirm as null and void all legislative and administrative measures and actions taken by Israel, the occupying Power, which have altered or purported to alter the character and status of the Holy City of Jerusalem, including the expropriation of land and property situated thereon, and in particular the so-called "Basic Law" on Jerusalem and the proclamation of Jerusalem as the capital of Israel;
(f) The right of all States in the region to existence within secure and internationally recognized boundaries, with justice and security for all the people, the sine qua non of which is the recognition and attainment of the legitimate, inalienable rights of the Palestinian people as stated in subparagraph (a) above.
5. In order to give effect to these guidelines, the Conference considers it essential that an international peace conference on the Middle East be convened on the basis of the principles of the Charter of the United Nations and the relevant resolutions of the United Nations, with the aim of achieving a comprehensive, just and lasting solution to the Arab-Israeli conflict, an essential element of which would be the establishment of an independent Palestinian State in Palestine. This peace conference should be convened under the auspices of the United Nations, with the participation of all parties to the Arab-Israeli conflict, including the Palestine Liberation Organization, as well as the United States of America, the Union of Soviet Socialist Republics, and other concerned States, on an equal footing. In this context the Security Council has a primary responsibility to create appropriate institutional arrangements on the basis of relevant United Nations resolutions in order to guarantee and to carry out the accords of the international peace conference.
6. The International Conference on the Question of Palestine emphasizes the importance of the time factor in achieving a just solution to the problem of Palestine. The Conference is convinced that partial solutions are inadequate and delays in seeking a comprehensive solution do not eliminate tensions in the region.
B. Programme of Action for the Achievement of Palestinian Rights
The International Conference on the Question of Palestine agreed that no effort should be spared to seek effective ways and means to enable the Palestinian people to attain and exercise their rights in Palestine in accordance with the Charter of the United Nations, the Universal Declaration of Human Rights b/ and the principles of international law. The Conference, taking into consideration the Geneva Declaration on Palestine (see sect. A above), recommended the following Programme of Action.
I
The International Conference on the Question of Palestine recommends that all States, individually or collectively, consistent with their respective constitutions and their obligations under the Charter of the United Nations and in conformity with the principles of international law, should:
(1) Recognize the great importance of the time factor in solving the question of Palestine;
(2) Intensify efforts for the establishment of an independent Palestinian State within the framework of a comprehensive, just and lasting settlement to the Arab-Israeli conflict in accordance with the Charter of the United Nations, the relevant United Nations resolutions and the guidelines of the Geneva Declaration on Palestine;
(3) Consider the continued presence of Israel in the occupied Palestinian and other Arab territories, including Jerusalem, as exacerbating instability in the region and endangering international peace and security;
(4) Oppose and reject, as a serious and continuing obstacle to peace, the expansionist policies pursued by Israel in the Palestinian and other Arab territories occupied since 1967, including Jerusalem, and in particular the alteration of the geographic nature and demographic composition, and the Israeli attempt to alter, through domestic legislation, the legal status of those territories, and all the measures taken in violation of the Geneva Convention relative to the Treatment of Prisoners of War, c/ and the Geneva Convention relative to the Protection of Civilian Persons in Time of War, d/ both of 12 August 1949, and of the Hague Regulations of 1907, e/ such as the establishment and expansion of settlements, the transfer of Israeli civilians into those territories and the individual and mass transfers therefrom of the Arab Palestinian population;
(5) Refrain from providing Israel with assistance of such a nature as to encourage it militarily, economically and financially to continue its aggression, occupation and disregard of its obligations under the Charter and the relevant resolutions of the United Nations;
(6) Not encourage migration to the occupied Arab territories until Israel has put a definitive end to the implementation of its illegal policy of establishing settlements in the Palestinian and other Arab territories occupied since 1967;
(7) Fully comply with the relevant resolutions of the United Nations and its specialized agencies on the Holy City of Jerusalem, including those which reject Israel's annexation of Jerusalem and its declaration of that city as its capital;
(8) Undertake universal efforts to protect the Holy Places and urge Israel to take measures to prevent their desecration;
(9) Consider ways and means of meeting the threat that Israel poses to regional security in Africa in view of Israel's disregard of united Nations resolutions, and its close collaboration with the apartheid regime in the economic, military and nuclear fields, thereby contributing to the continued illegal occupation of Namibia and enhancing the regime's repressive and aggressive capacity;
(10) Encourage, through bilateral and multilateral contacts, all States, including Western European and North American States which have not done so, to welcome all peace initiatives based on the recognition of the inalienable rights of the Palestinian people, which were also welcomed by Chairman Yasser Arafat in his address to the International Conference on the Question of Palestine;
(11) Seek and develop ways and means to enable the Palestinian people to exercise sovereignty over their national resources;
(12) Express concern that Israel debars Palestinians from economic activity and access to national resources on Palestinian territory, in consistent violation of General Assembly resolutions on the right of the Palestinians to permanent sovereignty over their national resources;
(13) Declare null and void and counter such measures and practices applied by Israel in the occupied Palestinian and other Arab territories, including Jerusalem, as the annexation and the expropriation of land, water resources, and property and the alteration of the demographic, geographic, historical and cultural features thereof;
(14) Undertake measures to alleviate the economic and social burdens borne by the Palestinian people as a result of the continued Israeli occupation of their territories since 1967;
(15) Consider contributing or increasing special contributions to the proposed budgets, programmes and projects of the relevant organs, funds and agencies of the United Nations system that have been requested to provide humanitarian, economic and social assistance to the Palestinian people, with particular reference to:
(a) General Assembly resolution 33/147 of 20 December 1978 and the appeal of the Governing Council of the United Nations Development Programme at its thirtieth session for additional special contributions amounting to at least $8 million during the third programming cycle (1982-1986) aimed at helping to meet the economic and social needs of the Palestinian people; f/
(b) The proposed programme budget of the united Nations Conference on Trade and Development for the biennium 1984/85 regarding the establishment within the United Nations Conference on Trade and Development of a special economic unit, g/ as requested by that Conference at its sixth session at Belgrade; h/
(c) Establishing a special legal aid fund to assist Palestinians in securing their rights under conditions of occupation, i/ in accordance with the Geneva Convention relative to the Protection of Civilian Persons in Time of War;
(16) Ensure that the United Nations Relief and Works Agency for Palestine Refugees in the Near East can meet the essential needs of the Palestinians without interruption or any diminution in the effectiveness of its services;
(17) Review the situation of Palestinian women in the occupied Palestinian and other Arab territories and, in view of their special hardships, urge the Preparatory Committee of the World Conference to Review and Appraise the Achievements of the United Nations Decade for Women, to be held at Nairobi in 1985, to include this item on the agenda of the Conference;
(18) Review, if they have not yet done so, in conformity with their national legislation, their economic, cultural, technical and other relations with Israel, and the agreements governing them with the aim of ensuring that these regulations and agreements will not be interpreted or construed as implying in any way recognition of any modification of the legal status of Jerusalem and of the Palestinian and other Arab territories occupied by Israel since 1967, or an acceptance of Israel's illegal presence in those territories;
(19) Recognize that the process of enabling the Palestinian people to exercise its inalienable rights in Palestine is a significant contribution to the restoration of the rule of law in international relations;
(20) Assure the observance of the stipulations provided in General Assembly resolution 181 (II) guaranteeing to all persons equal and non-discriminatory rights in civil, political, economic and religious matters and the enjoyment of human rights and fundamental freedoms, including freedom of religion, speech, publication, education, assembly and association;
(21) Express concern that the laws applicable in the occupied Arab territories have been totally eclipsed by a plethora of military orders that have been designed to establish a new "legal regime" in violation of the Hague Regulations of 1907, and the Geneva Convention relative to the Protection of Civilian Persons in Time of War;
(22) Act in accordance with their obligations under existing international law, in particular with regard to the Geneva Conventions of 1949 which require States Parties to respect and to ensure respect for those Conventions in all circumstances, and in particular ensure the respect by Israel for the Geneva Conventions of 1949 in the occupied Palestinian and other Arab territories;
(23) Express concern that the Palestinians and other Arabs in the occupied territories are deprived of juridical and other kinds of protection, that they are victims of repressive legislation, involving mass arrests, acts of torture, destruction of houses, and the expulsion of people from their homes, acts which constitute flagrant violations of human rights;
(24) Recognize the necessity that Palestinian and Lebanese prisoners detained by Israel be accorded the status of prisoners of war in accordance with the Geneva Convention relative to the Treatment of Prisoners of War of 1949, c/ if combatants, or in accordance with the Geneva Convention relative to the Protection of Civilian Persons in Time of War of 1949, d/ if civilians;
(25) Strive for the adoption of international measures so that Israel will implement in the West Bank and Gaza the provisions of the Hague Regulations of 1907 and the Geneva Convention relative to the Protection of Civilian Persons, in the light of Security Council resolution 465 (1980);
(26) Recognize, if they have not yet done so, the Palestine Liberation Organization as the representative of the Palestinian people and establish with it appropriate relations;
(27) Encourage, in conformity with their national legislations, the formation of national committees in support of the Palestinian people;
(28) Encourage the observance of 29 November as the International Day of Solidarity with the Palestinian People, in a most effective and meaningful way;
(29) Request the General Assembly at its thirty-eighth session to designate a Year of Palestine, to be observed at the earliest possible time, taking into consideration the factors necessary to ensure its effective preparation for the purpose of galvanizing world-wide public opinion and support for further implementation of the Geneva Declaration on Palestine and the Programme of Action.
II
The International Conference on the Question of Palestine stresses the obligation of all Member States, under the Charter of the United Nations, to enable the United Nations through an expanded and more effective role to fulfil its responsibility for achieving a solution to the question of Palestine. To this end:
A
States participating in the Conference invite the Security Council, as the organ with primary responsibility for the maintenance of international peace and security:
(1) To suppress continuing and growing acts of aggression and other breaches of the peace in the Middle East which endanger peace and security in the region and the world as a whole;
(2) To take prompt, firm and effective steps and actions to establish an independent sovereign Palestinian State in Palestine through the implementation of the relevant United Nations resolutions, by facilitating the organization of the international peace conference on the Middle East, as called for in paragraph 5 of the Geneva Declaration on Palestine (see sect. A above), and by creating in this context the appropriate institutional arrangements on the basis of relevant United Nations resolutions in order to guarantee and carry out the accords of the international peace conference, including the following:
(a) Taking measures consistent with the principle of the inadmissibility of the acquisition of territory by force to ensure Israel's withdrawal from the Palestinian and other Arab territories occupied since 1967, including Jerusalem, with a specific timetable;
(b) Undertaking effective measures to guarantee the safety and security and legal and human rights of the Palestinians in the occupied territories pending the withdrawal of the Israeli forces from the Palestinian and other Arab territories occupied by Israel since 1967, including Jerusalem;
(c) Subjecting those territories, following the withdrawal of Israel, to a short transitional period, under the supervision of the United Nations, during which period the Palestinian people would exercise its right to self-determination;
(d) Facilitating the implementation of the right to return of the Palestinians to their homes and property;
(e) Supervising elections to the constituent assembly of the independent Palestinian State in which all Palestinians shall participate, in exercise of their right to self-determination;
(f) Providing, if necessary, temporary peace-keeping forces in order to facilitate the implementation of subparagraphs (a) to (e) above.
B
Meanwhile the Security Council is also invited to:
(1) Take urgent action to bring about an immediate and complete cessation of such Israeli policies in the occupied territories and, in particular, the establishment of settlements as have been determined by the Security Council to have no legal validity and as a serious obstruction to achieving a comprehensive, just and lasting peace in the Middle East;
(2) Consider urgently the reports of the Commission established under its resolution 446 (1979) of 22 March 1979, which examined the situation concerning settlements in the Arab territories occupied since 1967, including Jerusalem, and to reactivate the above-mentioned Commission;
(3) Initiate action to terminate Israel's exploitative policies which go against the indigenous economic development of the occupied territories, and to compel Israel to lift its restrictions on water use and well-drilling by Palestinian farmers as well as its diversion of West Bank water resources into the Israeli water grid systems;
(4) Keep under its constant attention the actions committed by Israel against the Palestinian people in violation of the stipulations provided for in relevant General Assembly resolutions, in particular the stipulations of resolution 181 (II) of 29 November 1947 guaranteeing to all persons equal and non-discriminatory rights and freedoms;
(5) Consider, in the event of Israel's persistent non-compliance with the relevant United Nations resolutions which embody the will of the international community, appropriate measures in accordance with the Charter of the United Nations, to ensure Israel's compliance with these resolutions.
C
(1) Taking into account the recommendations of the five regional preparatory meetings of the International Conference on the Question of Palestine j/ and United Nations resolutions concerning economic and social assistance to the Palestinian people, the Secretary-General of the United Nations is requested to convene a meeting of the specialized agencies and other organizations associated with the United Nations, as well as representatives of the Palestine Liberation Organization and of those countries which are hosts to Palestinian refugees and other potential sources of assistance to develop a co-ordinated programme of economic and social assistance to the Palestinian people and to ensure its implementation.
(2) The meeting should also look into the most effective inter-agency machinery to co-ordinate and sustain and intensify United Nations assistance to the Palestinian people.
D
The dissemination of accurate and comprehensive information world wide and the role of non-governmental organizations and institutions remain of vital importance in heightening awareness of and support for the inalienable rights of the Palestinian people to self-determination and to the establishment of an independent sovereign Palestinian State. To these ends:
(1) The United Nations Department for Public Information, in full co-operation and constant consultations with the Committee on the Exercise of the Inalienable Rights of the Palestinian People, should:
(a) Co-ordinate all information activities of the United Nations system on Palestine through the Joint United Nations Information Committee;
(b) Expand publications and audio and visual coverage of the facts and of developments pertaining to the question of Palestine;
(c) Publish newsletters and articles in its respective publications on Israeli violations of human rights of the Arab inhabitants in the occupied territories and organize fact-finding missions for journalists to the area;
(d) Organize regional encounters for journalists;
(e) Disseminate appropriate information on the results of the International Conference on the Question of Palestine;
(2) The relevant organizations of the United Nations system should organize meetings, symposia and seminars on topics within their terms of reference and relating to specific problems of the Palestinian people by establishing closer liaison with non-governmental organizations, the media and other groups interested in the question of Palestine.
III
The International Conference on the Question of Palestine, convinced of the important role of world-wide public opinion in resolving the question of Palestine, and in the implementation of the Declaration and Programme of Action, urges and encourages:
(1) Intergovernmental and non-governmental organizations to increase awareness by the international community of the economic and social burdens borne by the Palestinian people as a result of the continued Israeli occupation and its negative effects on the economic development of the West Asian region as a whole;
(2) Non-governmental organizations and professional and popular associations to intensify their efforts to support the rights of the Palestinian people in every possible way;
(3) Organizations such as those of women, teachers, workers, youths and students to undertake exchanges and other programmes of joint action with their Palestinian counterpart;
(4) Women's associations, in particular, to investigate the conditions of Palestinian women and children in all occupied territories;
(5) The media and other institutions to disseminate relevant information to increase public awareness and understanding of the question of Palestine;
(6) Institutions of higher education to promote the study of the question of Palestine in all its aspects;
(7) Various jurists' associations to establish special investigative commissions to determine the violations by Israel of the Palestinians' legal rights and to disseminate their findings accordingly;
(8) Jurists to initiate with their Palestinian counterparts consultations, research and investigations on the juridical aspects of problems affecting the southern African and Palestinian struggles, in particular the detention of political prisoners and the denial of prisoner-of-war status to detained members of the national liberation movements of southern Africa and Palestine;
(9) Parliamentarians, political parties, trade unions, organizations for solidarity and intellectuals, particularly in Western Europe and North America, to join their counterparts in other parts of the world in giving their support, where it has not been done, to an initiative which would express the desire of the international community to see the Palestinian people at last living in their own independent homeland in peace, freedom and dignity."
Notes
a/ See Report of the International Conference on the Question of Palestine, Geneva, 29 August-7 September 1983 (United Nations publication, Sales No. E.83.I.21), chap. I.
b/ See General Assembly resolution 217 A (III).
c/ United Nations, Treaty Series, vol. 75, No. 972, p. 135.
d/ Ibid., No. 973, p. 287.
e/ Carnegie Endowment for International Peace, The Hague Conventions and Declarations of 1899 and 1907 (New York, Oxford University 1915), p. 100.
f/ See Official Records Of the Economic and Social Council, 1983, Supplement No. 9 (E/1983/20).
g/ A/C.5/38/4, para. 8 (c).
h/ Recommendation 146 (VI) of 2 July 1983 of the United Nations Conference on Trade and Development.
i/ Recommendation 19 of the Latin American Regional Preparatory Meeting, Managua, Nicaragua, 12-15 April 1983 (A/CONF.114/2).
j/ African region, A/CONF.114/1; Latin American region, A/CONF.114/2; Western Asian region, A/CONF.114/3; Asian region, A/CONF.114/4; European region, A/CONF.114/5.
ANNEX III
List of documents issued by the Committee
A/AC.183/1986/1 |
Conclusions and recommendations adopted by the thirteenth United Nations Seminar on the Question of Palestine, held at Istanbul from 7 to 11 April 1986 |
A/AC.183/1986/2 and Corr.1 |
Conclusions and recommendations adopted by the fourteenth United Nations Seminar on the Question of Palestine, held at United Nations Headquarters on 9 and 10 June 1986 |
A/AC.183/1986/3 |
Declaration adopted by the North American Regional Symposium for non-governmental organizations on the Question of Palestine, held at United Nations Headquarters from 11 to 13 June 1986 |
A/AC.183/1986/4 |
Declaration adopted by the European Symposium for non-governmental organizations on the Question of Palestine, held at Vienna on 30 June and 1 July 1986 |
A/AC.183/1986/5 |
Declaration adopted by the International Meeting of non-governmental organizations on the Question of Palestine, held at Vienna from 2 to 4 July 1986 |
A/AC.183/1986/6 |
Conclusions and recommendations adopted by the fifteenth United Nations Seminar on the Question of Palestine, held at the United Nations Office at Nairobi from 18 to 22 August 1986 |
86-23128 2072u (E)
Document Type: Annual report, Report
Document Sources: Committee on the Exercise of the Inalienable Rights of the Palestinian People (CEIRPP), General Assembly
Subject: Annexation, Inalienable rights of the Palestinian people, Palestine question
Publication Date: 17/09/1986