Mideast situation/Palestine question/NAM Cttee on Palestine established – NAM New Delhi Summit – Final document, Letter from India (excerpts)

Letter dated 30 March 1983 from the Permanent Representative of

India to the United Nations addressed to the Secretary-General

I have the honour to request you to have circulated among Member States the final documents of the Seventh Conference of Heads of State or Government of Non-Aligned Countries, held at New Delhi, India, from 7 to 12 March 1983, as an official document of the General Assembly, under items 10, 12, 14, 18, 23, 25, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 41, 44, 45, 50, 56, 59, 62, 63, 65, 72, 76, 78, 125 and 135 of the preliminary list, and of the Security Council.

(Signed) N. KRISHNAN

Ambassador

Permanent Representative

of India to the United Nations

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ANNEX

FINAL DOCUMENT OF THE TWELFTH CONFERENCE OF

HEADS OF STATE OR GOVERNMENT OF NON-ALIGNED

COUNTRIES, HELD AT DURBAN, SOUTH AFRICA,

FROM 7 TO 12 MARCH 1983

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X. QUESTION OF PALESTINE

82. The Heads of State or Government reaffirmed that the Movement of Non-Aligned Countries as a whole has undertaken to give its support to the Palestinian people for the liberation of their homeland and the recovery of their inalienable national rights.

83. The Conference reaffirmed that the Zionist occupation of Palestine and the usurpation and denial of the inalienable rights of the Palestinian people are the core of the Arab-Israeli conflict. The Conference affirmed that a just and durable peace in the Middle East cannot be established without the total and unconditional withdrawal of Israel from all Palestinian and other Arab territories occupied by it since 1967, including Jerusalem, and without the achievement of a just solution of the problem of Palestine on the basis of the attainment and exercise in Palestine of the inalienable rights of the Palestinian people, including the right of return, self-determination without external interference and the right to national independence and sovereignty, including the right to establish the Palestinian Independent State in its homeland, Palestine.

84. The Conference reaffirmed that the Palestine Liberation Organization is the sole legitimate representative of the Palestinian people and that it has the right to participate on an independent and equal footing in all endeavours, international conferences, activities and international bodies, organs and agencies on the basis of resolutions of the United Nations relevant to the question of Palestine with a view to ensuring the attainment and exercise in Palestine of the inalienable rights of the Palestinian people. Consequently the Conference rejects all plans, arrangements and agreements which are not in conformity with the provisions referred to above.

85. The Heads of State or Government welcomed the resolutions of the sixteenth session of the Palestinian National Council, held in Algeria from 12 to 22 February 1983, which reaffirmed the inalienable rights of the Palestinian people and the unity of the Palestinian people under the leadership of the Palestine Liberation Organization, its sole and legitimate representative. The Conference also affirmed its full solidarity with the Palestine Liberation Organization, which has confronted Zionist aggression courageously and come through that ordeal stronger, more resolute and determined to fight until the rights of the Palestinian people are realized.

86. The Conference stressed the urgent need to undertake endeavours to achieve a just and comprehensive peace on the basis of the principles enunciated above in this Declaration. No action should be taken which is inconsistent with these principles or would adversely affect the struggle of the Arab countries for the liberation of their territories and of the Palestinian people for the liberation of their homeland, Palestine, and the exercise of their inalienable rights therein.

87. The Conference strongly condemned Israel for its continued occupation of Palestinian and other Arab territories and for its persistent acts of repression against the Palestinian people, and demanded the United Nations Security Council invoke the powers vested in it with a view to imposing on Israel the relevant sanctions prescribed in the United Nations Charter until Israel withdraws from all occupied Palestinian and Arab territories, demolishes all Israeli settlements established in these territories and complies fully with the relevant decisions of the Security Council.

88. The Conference especially condemned Israel for the acts of genocide perpetrated against the Palestinian people in the Sabra and Shatila camps in Lebanese territory under occupation by Israeli armed forces.

89. The Conference also decided to request the international community to set up a war crimes tribunal in order to try Israel under international law for the crimes committed against the Palestinian people in all the territories which it has occupied since its establishment in 1948.

90. The Conference referred to the responsibility of the Government of the United States of America for violating the commitments it had undertaken to guarantee the safety and security of Palestinian refugees.

91. The Conference reaffirmed its firm opposition to the policy and practices of Israel in the occupied Arab and Palestinian territories, including Jerusalem, and sharply condemned them. It condemned in particular and viewed as illegal the establishment of Israeli settlements in these territories since this constitutes a serious obstacle to a just and comprehensive solution to the question of Palestine and the Middle East crisis.

92. The Conference reaffirmed in this context its total rejection of all the Israeli policies designed to modify the geographical characteristics, demographic composition or legal status of the Arab and Palestinian territories occupied by Israel since 1967. The Conference decided not to recognize any change made by Israel in the above territories and called on all States not to recognize such changes and to refrain from any co-operation with Israel that might encourage it to pursue its policies and practices in the occupied Arab and Palestinian territories.

93. The Heads of State,or Government reaffirmed the resolution of the Conference of Ministers of Foreign Affairs of the Non-Aligned Countries, held in New Delhi in 1981, which had firmly condemned the hostile attitude of the United States of America towards the inalienable rights of the Palestinian people and the Palestine Liberation Organization and towards the total and unconditional withdrawal from all occupied Arab and Palestinian territories., including Jerusalem. That attitude violated the purposes and principles of the United Nations Charter and the General Assembly resolutions on the questions of Palestine and the Middle East and was an obstacle to the establishment of a just peace in the region.

94. The Conference condemned the policy which the United States is striving to impose in the region and which is prejudicial to the liberation of the occupied Arab and Palestinian territories, including Jerusalem, and to the inalienable national rights of the Palestinian people.

95. The Conference also condemned the support given by the United States of America to the Israeli entity in all fields, especially the military and the political fields. The Conference affirmed that the pursuit of this policy harmed the relations and interests which linked the non-aligned countries on the one hand with the United States on the other.

96. The Heads of State or Government noted with satisfaction the efforts made by the United Nations Committee on the Exercise of the Inalienable Rights of the Palestinian People in the search for a just solution to the question of Palestine. The Conference welcomed the measures taken by the Committee in accordance with General Assembly resolution 37/86 to organize the International Conference on the Question of Palestine to be held in Paris in August 1983. The Conference also declared its conviction that this Conference would make a positive contribution to realizing the inalienable national rights of the Palestinian people. The Conference called upon all members to take an active part, and to be represented at a high level, in the International Conference and in the regional preparatory meetings so as to contribute to the success of that Conference.

97. The Conference called upon the Security Council to implement the United Nations General Assembly resolutions on the question of Palestine, and in particular resolution 37/86 (D and E). It called upon the United Nations Secretary-General to implement the provisions of resolution 37/120 (I and J) as soon as possible.

98. The Conference decided to set up a Committee at the level of Heads of State, to co-operate with the seven-member Arab Committee to support the rights of the Arab Palestinian people in accordance with international law and the will of the non-aligned countries and their peoples. The Committee would work with the various forces influential in the Middle East conflict for the achievement of a just, durable and comprehensive peace in the Middle East which would enable the Palestinian people to exercise their rights in freedom and sovereignty in their independent homeland. The Committee would comprise the following members: Algeria, Bangladesh, Cuba, India (Chairman), Palestine Liberation Organization, Senegal, Yugoslavia and Zambia.

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XII. SITUATION IN THE MIDDLE EAST

100. The Heads of State or Government expressed concern over the deterioration of the situation in the Middle East caused by Israel's habitually aggressive and expansionist policies in the region. They were of the view that this situation threatened a new Israeli aggression and posed a grave threat to international peace and security. They reaffirmed the solidarity of the Movement of Non-Aligned Countries with the struggle for the liberation of the occupied Arab territories and the restoration of the usurped rights of the Arab people.

101. The Conference considered it necessary to reaffirm all the principles and resolutions previously adopted by the Non-Aligned Movement in regard to the question of Palestine and the Middle East situation and especially since Israel's aggression of 1967. It reiterated that the question would not be resolved and that peace would not be established in the region unless all the following principles were observed simultaneously:

(a) The question of Palestine is the core of the Middle East problem and the root cause of the Arab-Israeli conflict.

(b) The question of Palestine and the Middle East problem form an indivisible whole and cannot be dealt with or resolved separately. In view of this, a partial solution or a solution confined to some aspects of the conflict to the exclusion of others is not possible. Nor is it possible to establish a partial peace. Peace should be just and comprehensive.

(c) A just peace in the region can only be based on Israel's total and unconditional withdrawal from all occupied Palestinian and Arab territories and the restoration of all the inalienable national rights of the Palestinian people, including the right to return to their homes, the right to self-determination without foreign interference and the right to establish their own independent and sovereign State in their national territory on the basis of General Assembly resolution 3236 (XXIX) of 22 November 1974.

(d) West Jerusalem is part of the occupied Palestinian territory and Israel should withdraw completely and unconditionally from is and restore it to Arab sovereignty.

(e) The Palestine Liberation Organization (PLO) is the sole and legitimate representative of the Palestinian people and it alone has the full right to represent this people and to participate fully in all international conferences, activities and events relating to the question of Palestine and the Arab-Israeli conflict, in order to secure the inalienable national rights of the Palestinian people and to solve the Middle East problem. No solution can be considered comprehensive, just or acceptable without the participation of the Palestine Liberation Organization on an independent and equal footing in its elaboration and acceptance.

(f) All the measures taken by Israel in the Arab and Palestinian territories since their occupation covering installations and all changes affecting political, cultural, religious, demographic, physical, geographical and other features are null and void and illegal.

(g) All settlements set up or to be set up by Israel in occupied territories are null and void and illegal and are considered as an obstacle to peace. They should, therefore, be pulled down immediately and no new settlements should be set up and the proliferation of existing settlements should not be allowed.

102. (a) The Conference expressed its support for and adopted the Arab Peace Plan proclaimed at the Twelfth Arab Summit Conference held at Fez, Morocco, and emphasized that this Plan, being based on international legitimacy and on the principles of right and justice, constitutes a framework for establishing a just and durable peace in the Middle East.

(b) The Conference reaffirmed that the Non-Aligned Movement considered that the question of Palestine and of the territories occupied since-1967 is a common cause to all non-aligned countries. The Conference, therefore, resolved that any deviation from the resolutions of the Conferences of non-aligned countries relating to the Middle East problem and the question of Palestine would affect the unity of the Non-Aligned Movement in its struggle against colonialism, foreign occupation, racism and zionism. It would also be considered as swerving from the determination of the non-aligned countries to bring to an end the occupation of Arab-Palestinian territories by Israel and to help the Palestinian people to secure its inalienable national rights.

(c)The Conference condemned any agreement or treaty which violates or infringes the rights of the Arab nation and the Palestinian people as recognized by the Non-Aligned Movement, and in accordance with international law, the United Nations Charter and its relevant resolutions and which prevents the liberation of Jerusalem and the occupied Arab and Palestinian territories and the full exercise of, and attainment by the Palestinian people of its inalienable rights.

103. (a) The Conference reaffirmed its firm opposition to and condemnation of Israeli policies and practices in the occupied Arab and Palestinian territories, including Jerusalem. It especially condemned the establishment of Israeli settlements in these territories, considering them to be illegal and to constitute a serious obstacle to the achievement of a just and comprehensive settlement of the question of Palestine and the Middle East problem.

(b) The Conference condemned the Israeli invasion of Lebanese territory and the crimes perpetrated by the Israeli forces, such as killing and destruction, in this non-aligned country.

(c) In this respect, the Conference reaffirmed its categorical rejection of all Israeli policies aimed at changing the geographical features, the demographic character or the legal status of the occupied Arab and Palestinian territories. The Conference resolved not to recognize any changes made by Israel in the aforesaid territories and called upon all States not to recognize them and to refrain from any co-operation with Israel that might encourage it to pursue its policies and practices in the occupied Arab and Palestinian territories.

104. (a) The Conference strongly condemned Israel for its refusal to comply with the resolutions of the United Nations Security Council and General Assembly relating to the occupied Syrian Golan Heights. The Conference affirmed that Israel's decision to annex these Heights and the measures taken to implement its decision are null and void and without any legal validity. They have no legal effect and are not recognized.

(b) The Conference called upon all States members of the United Nations that have not yet taken any measure to implement General Assembly resolution ES-l/9 of 5 February 1982 to do so in order to join in the just struggle of the Syrian nationals in the occupied Syrian Golan Heights. The Conference invited the Security Council to take the necessary action to compel Israel to implement resolution 497(1981).

(c) The Conference expressed the full support of the members of the Non-Aligned Movement for and their solidarity with the just struggle of the Arab nation against Israeli occupation, aggression and threats and for the attainment of the national inalienable rights of the Arab people of Palestine and the liberation of the occupied Arab and Palestinian territories. On this occasion the Conference denounced the attack launched by Israel and the United States of America against the right of Syria to secure the means to defend itself. The Conference noted that that attack could be considered as the prelude to a premeditated assault against Syria and other Arab States.

105. (a) The Conference strongly denounced the exploitation by Israel of the natural resources, and wealth of Palestine and the occupied Arab countries in defiance of the Hague and Geneva Conventions and called upon all countries to take the necessary action in order to refrain from any co-operation that would enable Israel to continue to exploit such wealth and resources unlawfully.

(b) The Conference condemned Israel for its intention to cut a canal between the Dead Sea and the Mediterranean Sea. It affirmed that this project constitutes a dangerous activity among the aggressive actions undertaken' against the legitimate rights and vital interests of the Palestinian people and the Hashemite Kingdom of Jordan, as well as a threat to global peace and security. The Conference invited all countries to denounce this project and refrain from providing Any support or assistance which might allow Israel to implement it.

(c) The Conference declared that the Geneva Conventions of 1949, and in particular Convention No.4 regarding the protection of civilians in time of war and the Protocols 1 and 2 annexed to the Conventions adopted in 1977, should be applied to all the occupied Arab territories and Palestine, including Jerusalem. The Conference condemned Israel for its persistent violation of those Conventions and of the basic rights and freedoms of the inhabitants of the territories mentioned in having displaced them, destroyed their homes and confiscated their property. The Conference condemned the refusal of Israel to receive the tripartite committee set up under Security Council resolution 446(1979) to inquire into conditions in settlements in the occupied Arab territories and its refusal to comply with Security Council resolution 452(1979).

(d) The Conference condemned all those policies, and particularly the policy of the United States of America, which help Israel to continue its occupation of the Arab and Palestinian territories and which jeopardize the exercise by the Palestinian people of their inalienable rights. In this connection the Conference noted that the United States of America was continuing to support Israel in several fields.

(e) The Conference also noted that the United States of America, by exercising its right of veto in the Security Council in a manner contrary to the purposes and principles of the United Nations Charter, prevents the Security Council from taking steps to implement the principle of the non-admissibility of acquisition of territories by force and to enable the Palestinian people to recover their inalienable rights. The Conference therefore calls on the United States of America to abandon its abuse of the right of veto.

(f) The Conference expressed its profound concern at the establishment of a "strategic alliance" between the United States of America and Israel and affirmed that the alliance strengthened the aggressive role of Israel, which threatens the stability of the countries of the Middle East and global peace and security and encourages Israel to pursue its policy of annexation, aggression and racial discrimination.

(g) The Conference expressed its deep concern at the build-up of conventional and nuclear weapons in Israel, which is designed to reinforce Israel's situation as a base for colonialism and racism in the third world in general and in Africa and Asia in particular. By taking such measures Israel imperils global peace and security. The Conference called for the implementation at United Nations General Assembly resolutions 33/71 of 14 December 1978 on military and nuclear co-operation with Israel and 37/82 of 9 December 1982 on Israeli nuclear armament.

(h) The Conference condemned Israel for pursuing its policy of aggression and annexation against the Arab countries and the Palestinian people and called on all countries, including the United States of America, to put an immediate end to their military, political and economic assistance and to the provision of human resources to Israel. The Conference called on all countries to refrain from providing assistance and facilities for implementing Zionist plans for the immigration of Jews from all over the world to Palestine and the occupied Arab territories. The Conference condemned all imperialist or colonialist forces of military intervention which have constituted or constitute a threat to the security and independence of Arab countries and interference in their internal affairs.

(i) The Conference expressed its deep concern at the increase in collaboration between the Zionist entity in Palestine and the racist regime of South Africa, especially in the military and nuclear fields. It strongly condemned this collaboration and solidarity and called on all countries of the Movement to sever relations with the above two regimes in all fields and to isolate them completely.

106. (a) The Conference called upon the Security Council to recognize the inalienable national rights of the Palestine people, including its right to self-determination and its right to establish an independent Arab state in Palestine, and to facilitate the achievement of these rights. The Conference also called upon the Council to implement the principle of the non-admissibility of the acquisition of territories by force, by taking the necessary measures to achieve the withdrawal of Israel from all Palestinian and Arab territories it has occupied since 1967. The Conference called upon the members of the Security Council to play their role and discharge their responsibilities so that the Council may take appropriate measures in conformity with the United Nations Charter to establish and guarantee peace and security in the Middle East.

(b) After reviewing the history of the Middle East since the establishment of Israel in Palestine in 1948, the Conference considered that Israel's aggressive, expansionist and colonialist policies and practices in the occupied territories against the Arab nation in general and the Arab people of Palestine in particular, its continued violation of the United Nations Charter and the. principles of international law and international agreements and treaties and its persistent refusal to implement the United Nations resolutions relating to the Middle East demonstrated that Israel is not a peace-loving member and does not fulfil the requirements of the United Nations Charter and the resolutions of international organizations. The Conference therefore considered that it is high time for the United Nations to take the necessary measures under Chapter VII of the Charter. The Conference called upon the Security Council to convene to take the measures referred to against Israel for not carrying out the resolutions of the Security Council and for imperilling international peace and security by its conduct.

(c) The Conference called upon all countries that support the liberation of occupied countries and the Palestinian cause to take all appropriate measures against the countries that encourage Israel to pursue. its policy and practices, especially the United States of America.

(d) The Conference recalled the decision taken by the Heads of State or Government at their meeting in Algiers, urging non-aligned' countries to work for a boycott of Israel in the diplomatic, economic, military and cultural fields and in' the sphere of maritime and air traffic in accordance with the provisions of Chapter VII of the United Nations Charter. Considering the reasons that led to the adoption of this resolution, the Conference stressed the need to continue to implement it and urged member countries of the Movement to adhere to it and apply it strictly.

107.(a) The Conference affirmed the commitment of the countries of the Non-Aligned Movement to strengthen their support for the confrontation Arab states and the Palestine Liberation Organization, the sole legitimate representative of the Palestinian people, in order to enable them to fulfil the requirements imposed on them by the liberation struggle and to defend their lands and their independence against Israeli aggression and threats. The Conference urged friendly countries and the organizations that have participated in the national liberation struggle to continue to give it their support.

(b) The Conference expressed appreciation of the effective solidarity offered by all States and powers that support the struggle of the Palestinian people and the Arab nation, especially the countries of the Organization of African Unity, the socialist countries and the Organization of the Islamic Conference. The Conference also praised the advanced European stand on the problem of the Middle East and Palestine. The Conference called upon those countries and powers to intensify their political, diplomatic and material support for the Palestinian people and the Arab countries in their efforts to re-establish all their national rights and recover all the occupied Arab territories.

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