Mideast situation/Palestine question – NAM XIV Ministerial Conference/Final Document/Kuala Lumpur Declaration/Declaration on Palestine – Letter from Malaysia (excerpts)

Letter dated 4 March 2003 from the Chargé d’affaires a.i. of the Permanent Mission of Malaysia to the United Nations addressed to the Secretary-General

  I have the honour, in my capacity as Chairman of the Coordinating Bureau of the Non-Aligned Movement, to enclose herewith the following documents that were adopted at the Thirteenth Conference of Heads of State or Government of the Non-Aligned Countries, held in Kuala Lumpur from 20 to 25 February 2003:

 (a)  Final Document (annex I);

 (b)   Kuala Lumpur Declaration on Continuing the Revitalization of the Non-Aligned movement (annex II);

 (c)  Statement on Palestine (annex III).

  I have further the honour to request that the present letter and its annex be circulated as a document of the General Assembly, under agenda items 10 to 13, 19, 21, 22, 24, 26, 27, 29 to 33, 35 to 38, 40 to 45, 49 to 58, 61 to 73, 75 to 82, 84 to 89, 91 to 109, 111, 114, 117, 126, 158 and 160, and of the Security Council.

(Signed) Zainuddin Yahya 

Chargé d’affaires a.i.

Annex I

FINAL DOCUMENT

INTRODUCTION

1.   The Heads of State or Government of the Movement of the Non-Aligned Countries met in Kuala Lumpur, Malaysia, from 24-25 February 2003, to address the crucial global issues affecting their peoples with the view to agreeing to a set of actions in the promotion of peace, security, justice, equality, democracy and development, conducive for a multilateral system of relations based on the principles of sovereignty, territorial integrity and political independence of States, the rights of peoples to self-determination and non-intervention in matters which are essentially within the jurisdiction of States, in accordance with the Charter of the United Nations and international law.

2.   The Heads of State or Government reaffirmed their determination to preserve intact the noble ideals and principles of the Movement as initiated by its founders so as to further consolidate and make the Movement a leading force in the 21st century. In this regard, they expressed their full satisfaction and appreciation to the Government of the Republic of South Africa for the excellent organisation in 2002 of the celebration to mark the 40th anniversary of the founding of the Movement, an event of great significance, which demonstrated the continued relevance, and effectiveness of the Movement.

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CHAPTER II: ANALYSIS OF THE INTERNATIONAL SITUATION

PALESTINE AND THE MIDDLE EAST

Palestine 

135.   The Heads of State or Government, recalling the historic injustices inflicted upon the Palestinian people, reiterated their traditional principled support for and longstanding solidarity with the Palestinian people. They recalled, in this regard, that in 1948 more than half of the Palestinian people were uprooted from their land, homes and properties, dispossessed and forced to live as refugees until today, awaiting the implementation of United Nations resolution 194(III). They also recalled that the establishment of the State of Palestine, in accordance with United Nations Resolution 181(II), has been obstructed for more than fifty years. They further recalled that the remainder of the Palestinian territory has been under foreign occupation of Israel since 1967, and that since that time the Palestinian people in the Occupied Palestinian Territory, including East Jerusalem, have been subjected to the continuous oppression and brutality of the occupation. They further noted that the occupying power has systematically established and expanded settlements which reflect a new and special form of settler colonialism.

136.   The Heads of State or Government expressed their deep concern at the tragic situation prevailing in the Occupied Palestinian Territory, including East Jerusalem, since 28 September 2000. In this regard, they strongly condemned the systematic human rights violations and reported war crimes that have been committed by the Israeli occupying forces against the Palestinian people. They condemned in particular the wilful killing of Palestinian civilians, including extrajudicial executions; the wanton destruction of homes, infrastructure and agricultural lands; the detention and imprisonment of thousands of Palestinians; and the imposition of collective punishment on the entire Palestinian population, including severe restrictions on the movement of persons and goods and prolonged curfews, resulting in the socio economic debilitation of the Palestinian people, amounting to a dire humanitarian crisis.

137.   The Heads of State or Government condemned land confiscation, settlement building and the transfer of Israeli nationals to the Occupied Territory that have been carried out by Israel, the occupying Power, in the Occupied Palestinian Territory, including East Jerusalem. This settler colonialism has also aimed at negating the national rights and the existence of the Palestinian people. The Heads of State or Government affirmed and called upon all Member States to take the necessary measures to ensure the immediate end and reversal of this settler colonialism. The Heads of State or Government recalled in this regard the many relevant Security Council resolutions on all illegal Israeli measures, including measures and action taken by Israel to change the status, character and demographic composition of Jerusalem, which are null and void, and called for full implementation of those resolutions.

138.   The Heads of State or Government underscored the obligations of the High Contracting Parties to the Fourth Geneva Convention and Additional Protocol 1, which are applicable to all of the territory occupied by Israel since 1967, to respect and to ensure respect of the Convention and Additional Protocol 1 in all circumstances. They reaffirmed the obligations of the High Contracting Parties with regard to penal sanctions, grave breaches and responsibilities of the High Contracting Parties. They affirmed the importance of and called for the application of legal remedies without impunity, to war crimes committed in the Occupied Palestinian Territory, including East Jerusalem. The Heads of State or Government expressed the necessity of upholding international law, international humanitarian law and the purposes and principles of the Charter of the United Nations with regard to the question of Palestine.

139.   The Heads of State or Government reiterated that unwavering support for the realisation of the inalienable rights of the Palestinian people, including the right to national independence and the exercise of sovereignty in their State, Palestine, with East Jerusalem as its capital. They reaffirmed that the question of Palestine is the crux of the Arab-Israeli conflict. In this regard, they also reaffirmed the responsibility of the international community, particularly the permanent responsibility of the United Nations, including Security Council, until the question of Palestine is resolved in all its aspects.

140.   The Heads of State or Government reiterated their support for a peaceful settlement of the question of Palestine and the Arab-Israeli conflict as a whole. In this regard, they reiterated support for the longstanding position of the international community of a two-State solution of Israel and Palestine. They stressed the imperative of the withdrawal of Israel from all of the territory occupied in 1967, bringing an effective end to its occupation, as well as the right of all States in the region to security and peace. In this regard, they reaffirmed the importance of Security Council Resolutions 242 (1967), 338 (1973) and 1397 (2002) and the principle of land for peace as the basis for a peaceful solution. While expressing grave concern about the disintegration the peace process has suffered, they reiterated their calls for an internationally-promoted peace settlement and the intensification of efforts to revitalise the process towards the achievement of a just, lasting and comprehensive peace.

Syrian Golan

141.   The Heads of State or Government reaffirmed that all measures and actions taken, or to be taken by Israel, the occupying power, such as its illegal decision of 14 December 1981 that purports to alter the legal, physical and demographic status of the occupied Syrian Golan and its institutional structure, as well as the Israeli measures to apply its jurisdiction and administration there, are null and void and have no legal effect. They also reaffirmed that all such measures and actions, including the illegality of Israeli settlement construction activities in the Occupied Syrian Golan since 1967 constitute a flagrant violation of international law, international conventions, the Charter and decisions of the United Nations, particularly Security Council resolution 497 (1981), the Fourth Geneva Convention of 12 August 1949 on the Protection of Civilians in Time of War, and the defiance of will of the international community. They reiterated the Movement’s demand that Israel comply with Security Council resolution 497 (1981) and withdraw fully from the occupied Syrian Golan, to the lines of 4 June 1967, in implementation of Security Council resolutions 242 and 338, and that Israel adheres to the Madrid terms of reference based on the principle of land for peace, which are in their entirety considered to be a primary and basic element in the negotiation process that should be adhered to, including the immediate commencement of the demarcation of the 4 June 1967 line.

142.   The Heads of State or Government reaffirmed the NAM’s unwavering support and solidarity with the Syrian just demand and rights to restore the full Syrian sovereignty over the occupied Syrian Golan on the basis of the terms of reference of the Madrid peace process, the decisions of the international legitimacy, as well as the principle of land for peace. They again demanded that Israel respects all commitments and pledges it entered into with the aim of laying down the basis for a substantive progress on the Syrian-Israeli track.

Lebanon 

143.   The Heads of State or Government reaffirmed Lebanon’s legitimate right to defend its territories and to liberate the remaining parts under Israeli occupation and demanded that Israel puts an end to its continuous: threats, aggression and violations of the Lebanese territories, air space and territorial waters. They reiterated their support for the sovereignty and territorial integrity of Lebanon and its right on its natural resources and for Lebanon’s demand to maintain the peacekeeping mission deployed in Southern Lebanon (UNIFIL) without any further reduction in the number of its troops and without any change in the nature of its mandate in accordance with Resolutions 425 (1978) and 426 (1978). They encouraged and supported all international efforts aimed at expediting the removal of landmines planted by Israel during its occupation of Southern Lebanon, and called on Israel to release all Lebanese prisoners in Israeli jails, detained in defiance of the Fourth Geneva Convention of 1949 and its relevant protocols.

The Peace Process

144.   The Heads of State or Government reaffirmed their support for the Middle East peace process based on Security Council Resolutions 242, 338, 425 and the principle of land for peace. They reiterated the need for ending the Israeli occupation of all occupied territories since 1967 and the establishment of the State of Palestine with Jerusalem as its capital. The Ministers welcomed and supported the Arab peace initiative adopted by the 14th Arab Summit in Beirut. They urged the Security Council to act upon that initiative towards achieving just and comprehensive peace in the Middle East.

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Kuala Lumpur, Malaysia

25 February 2003

Annex II 

KUALA LUMPUR DECLARATION ON CONTINUING THE REVITALISATION OF THE NON-ALIGNED MOVEMENT

We, the Heads of State and Government of the Non-Aligned Movement, gathered in Kuala Lumpur, Malaysia on 24 – 25 February 2003 for the XIII Summit Conference, reaffirmed our abiding faith in, and strong commitment to, the ideals, principles and purposes of the Movement, as laid out at the Bandung Conference of 1955, and the Charter of the United Nations, in our common and continuing pursuit of establishing a peaceful, prosperous, and a more just and equitable world order.

The Movement had played an active, even central role, over the years, on the issues of concern and vital importance to its members, such as decolonisation, apartheid, the situation in Palestine and the Middle East, disarmament, poverty eradication and socio-economic development, among others. After more than forty years of its founding, and having undergone many challenges and vicissitudes, it is timely and appropriate to comprehensively review the role, structure and work methods of our Movement in keeping with the times and the new realities, aimed at the further strengthening of our Movement. With the end of the Cold War, the emergence of unipolarity, the trend towards unilateralism and the rise of new challenges and threats, such as international terrorism, it is imperative for the Movement to promote multilateralism, better defend the interests of developing countries and prevent their marginalisation.

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Kuala Lumpur, Malaysia

25 February 2003

Annex III

STATEMENT ON PALESTINE

The Heads of State or Government expressed grave concern at the continued destruction and devastation of Palestinian society and the Palestinian Authority being caused by the Israeli occupying forces since 28 September 2000. They strongly condemned the systematic human rights violations and reported war crimes that have been committed by the Israeli occupying forces against the Palestinian people. In this regard, they condemned in particular the willful killing of Palestinian civilians, including extrajudicial executions; the excessive and indiscriminate use of force, resulting in extensive loss of life and injury; the wanton destruction of homes, infrastructure and agricultural lands; the detention and imprisonment of thousands of Palestinians; and the imposition of collective punishments on the entire Palestinian population, including severe restrictions on the movement of persons and goods, resulting in the socioeconomic debilitation of the Palestinian people, amounting to a dire humanitarian crisis.

   The Heads of State or Government also expressed their grave concern at the policies and practices of the Israeli government that have undermined the Oslo agreements and obstructed efforts to end the tragic situation on the ground, including the Mitchell recommendations. They called for the immediate withdrawal of the Israeli occupying forces from Palestinian cities to positions and arrangements prior to September 2000. In this regard, they stressed the importance of the full implementation of relevant Security Council resolutions, including 1322 (2000), 1397 (2002), 1403 (2002) and 1435 (2002).

  The Heads of State or Government emphasized that the main danger to the realization of the national rights of the Palestinian people and the achievement of a peaceful solution is the settler colonialism that has been carried out in the Occupied Palestinian Territory, including East Jerusalem, since 1967, through land confiscation, settlement building and the transfer of Israeli nationals to the Occupied Territory. They stressed that this policy of settler colonialism, with all the measures that is has entailed must be immediately stopped and reversed.

  The Heads of State or Government underscored the legal obligations of the States Parties to the Fourth Geneva Convention as well as Additional Protocol 1 to ensure respect of the two instruments in all circumstances. They stressed the need for the effective enforcement of the two instruments in the Occupied Palestinian Territory, including East Jerusalem. In this regard, they called for concrete measures and actions against products from the illegal Israeli settlements and settler violators as well as other actions on national, regional and international levels to ensure enforcement. They affirmed the importance of and called for the application of legal remedies without impunity to war crimes committed in the Occupied Palestinian Territory, including East Jerusalem. In this regard, they noted the role of the International Criminal Court.

  The Heads of State or Government reiterated their commitment to the achievement of a peaceful solution to the Palestinian-Israeli conflict. They reaffirmed their support for the rights of the Palestinian people to national independence and the exercise of sovereignty in their State, Palestine, with East Jerusalem as its capital. They welcomed, in this regard, the universally-supported vision of two States, Israel and Palestine, living side by side in secure and recognized boundaries.

  The Heads of State or Government further stressed the importance of the achievement of a just, lasting and comprehensive peace in the Middle East and, in this regard, welcomed the Arab Peace Initiative adopted by the Summit of the League of Arab States in Beirut on 28 March 2002. The Heads of State or Government also expressed their support for the efforts of the Quartet and encouraged it to proceed speedily with the implementation of its road map, which has been repeatedly delayed. In this regard, they stressed the need for consultation between the Movement and the Quartet.

  The Heads of State or Government expressed regret at the absence of President Yasser Arafat due to the continued obstruction of his freedom of movement by Israel, the occupying Power. They condemned Israeli policies and measures in this regard and expressed their solidarity with President Arafat as the elected leader and the symbol of the struggle of the Palestinian people.

  The Heads of State or Government underlined the necessity for an internationally promoted solution and expressed the determination to exert efforts in that direction. They also expressed support for the necessary international presence in the Occupied Palestinian Territory to provide protection for the Palestinian civilian population and to help the parties implement agreements reached. The Heads of State or Government emphasized the unique role of the United Nations Security Council with regard to the above, and called upon the Council to fulfill its duties and responsibilities towards the question of Palestine and the situation in the Middle East. They reiterated that Israeli representation in the work of the General Assembly and international conferences must be in conformity with international law and called for ensuring that Israeli credentials do not cover the territories occupied by Israel since 1967, including East Jerusalem.

  The Heads of State or Government, stressing the role of the Movement, expressed appreciation to the Committee on Palestine and to members of NAM delegation that visited Palestine last year and encouraged similar visits in the future. They also expressed appreciation to the members of the NAM Caucus in the Security Council for their effort in the Council with regard to the Palestinian question.

  The Heads of State or Government, under the Chairmanship of the Movement, expressed their determination to follow-up the implementation of this Statement, including within the United Nations system and in this regard, instructed their Permanent Representatives in New York including members of the Committee on Palestine to proceed in that direction.

Kuala Lumpur, Malaysia

25 February 2003

Annex II

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