SPECIAL UNIT ON PALESTINIAN RIGHTS
November/December 1981
Volume IV, Bulletin No. 11-12
Contents
During this period the Committee kept under review the arrangements for the celebration of the special meeting commemorating the International Day of Solidarity with the Palestinian People. The Chairman of the Committee addressed a letter to the President of the Security Council and the Secretary-General expressing great concern at the appointment of a civilian entrusted with the civilian administration of the Israeli-occupied West Bank, as well as other matters. The full text of the letter is reproduced below.
Letter dated 13 November 1981 from the Chairman of the
Committee on the Exercise of the Inalienable Rights
of the Palestinian People addressed
to the Secretary-General
(A/36/688-S/14754)
As Chairman of the Committee on the Exercise of the Inalienable Rights of the Palestinian People, I have the honour to inform you of the deep concern to which the most recent reports on the occupied Palestinian territory of the West Bank have given rise in the Committee.
It was stated that, on 1 November 1981, a civilian, Mr. Menahem Milson, was entrusted with the civilian administration of the Israeli-occupied West Bank. The local Arabs demonstrated against this development, which they denounced as a step aimed at imposing the Israeli interpretation of autonomy in the region.
It was further stated that Mr. Milson had received instructions from Mr. Ariel Sharon, the Minister of Defence, to replace the military responsible for tax collection, education, health, economic affairs and other civilian matters by civilians, including local Arabs. The responsibility for internal security will be transferred to the central command of the Israeli army.
The sixty-fourth anniversary of the Balfour Declaration was commemorated in the occupied territories with a large number of demonstrations and protests. On 3 November 1981, the Palestinian students of Bir Zeit University, the main Palestinian institution of higher education in the occupied West Bank, held a general strike. Although the demonstrations were suspended after the strike, the Israeli military authorities ordered the University to close.
According to the most recent reports on the subject, Bir Zeit University is currently conducting a campaign in Israel and abroad to have its doors reopened.
It is not known how long the University will remain closed. According to articles in the press, the Supreme Court of Israel, which rejected a petition by the University that the ordinance should be deferred, has instructed the military authorities to set the date for the expiry of the period of closure.
In addition, Palestinian tradesmen organized a strike to protest against the appointment of a civilian administrator to a post in the military government of the West Bank, and protest marches took place simultaneously in Ramallah, Nablus, Bethlehem, Bir Zeit and other cities under Israeli occupation.
The situation in the occupied territories remains extremely tense and explosive, and the acts which have been committed there in violation of General Assembly and Security Council resolutions will continue to exacerbate tensions in the region and to endanger international peace and security.
All this clearly demonstrates that it is urgent to secure the strictest compliance with the relevant resolutions of the United Nations, in particular those designed to enable the Palestinian people to exercise their inalienable rights.
The question of Palestine was considered in the thirty-sixth session of the General Assembly between 4 and 7 December 1981. The Chairman of the Committee on the Exercise of the Inalienable Rights of the Palestinian People, Ambassador Massamba Sarré, and the Rapporteur, Ambassador Victor Gauci made statements. The full text is reproduced below.
Forty-six countries spoke in the general debate in the plenary. A great number of representatives emphasized the need for a political settlement with the direct participation of all the parties concerned including the Palestine Liberation Organization. They reaffirmed the right of the Palestinian people to self-determination and the withdrawal of Israel from all occupied territories. They condemned Israel's unilateral policy on the status of Jerusalem and called for urgent implementation of United Nations resolutions.
The result of the vote of the resolutions concerning the question of Palestine and Palestinian rights adopted by the thirty-sixth session of the General Assembly was the following:
-Resolution 36/120 A adopted by 121 in favour, 2 against with 23 abstentions
-Resolution 36/120 B adopted by 119 in favour, 3 against with 22 abstentions
-Resolution 36/120 C adopted by 122 in favour, 4 against with 20 abstentions
-Resolution 36/120 D adopted by 111 in favour, 13 against with 20 abstentions
-Resolution 36/120 E adopted by 139 in favour, 2 against with 4 abstentions
-Resolution 36/120 F adopted by 88 in favour, 21 against with 36 abstentions
-Resolution 36/171 adopted by 75 in favour, 21 against with 43 abstentions
The full text of these resolutions and others relating to the question of Palestine and Palestinian rights is reproduced below.
Question of Palestine
36/120
A
The General Assembly,
Recalling its resolutions 3376 (XXX) of 10 November 1975, 31/20 of 24 November 1976, 32/40 A and B of 2 December 1977, 33/28 A to C of 7 December 1978, 34/65 A and B of 29 November and 34/65 C and D of 12 December 1979, ES-7/2 of 29 July 1980, and 35/169 A to E of 15 December 1980,
Having considered the report of the Committee on the Exercise of the Inalienable Rights of the Palestinian People,
1. Expresses its appreciation to the Committee on the Exercise of the Inalienable Rights of the Palestinian People for its efforts in performing the tasks assigned to it by the General Assembly;
2. Requests the Committee to keep the situation relating to the question of Palestine under review and to report and make suggestions to the General Assembly or the Security Council, as appropriate;
3. Authorizes the Committee to continue to exert all efforts to promote the implementation of its recommendations, to send delegations or representatives to international conferences where such representation would be considered by it to be appropriate, and to report thereon to the General Assembly at its thirty-seventh session and thereafter;
4. Requests the United Nations Conciliation Commission for Palestine, established under General Assembly resolution 194 (III) of 11 December 1948, as well as other United Nations bodies associated with the question of Palestine, to co-operate fully with the Committee and to make available to it, at its request, the relevant information and documentation which they have at their disposal;
5. Decides to circulate the report of the Committee to all the competent bodies of the United Nations and urges them to take the necessary action, as appropriate, in accordance with the Committee's programme of implementation;
6. Requests the Secretary-General to continue to provide the Committee with all the necessary facilities for the performance of its tasks.
B
The General Assembly,
Having considered the report of the Committee on the Exercise of the Inalienable Rights of the Palestinian People,
Noting in particular, the information contained in paragraphs 39 to 48 of that report,
Recalling its resolutions 32/40 B of 2 December 1977, 33/28 C of 7 December 1978, 34/65 D of 12 December 1979 and 35/169 D of 15 December 1980,
1. Notes with appreciation the action taken by the Secretary-General in compliance with General Assembly resolution 35/169 D;
2. Requests the Secretary-General to ensure that the Special Unit on Palestinian Rights continues to discharge the tasks detailed in paragraph 1 of General Assembly resolution 32/40 B and paragraph 2 (b) of resolution 34/65 D, in consultation with the Committee on the Exercise of the Inalienable Rights of the Palestinian People and under its guidance;
3. Requests the Secretary-General to provide the Special Unit on Palestinian rights with the necessary additional resources to accomplish its tasks and to expand its work programme, inter alia through:
(a) The organization, annually of a seminar in North America in addition to the regional seminars;
(b) More widespread dissemination of its publications in all the official languages;
(c) The translation of those publications into languages other than the official languages of the United Nations;
4. Also requests the Secretary-General to take necessary action on the redesignation of the Special Unit on Palestinian Rights, as requested in paragraph 1 of resolution 34/65 D, in keeping with the political importance of its work and its expanded work programme;
5. Further requests the Secretary-General to ensure the continued co-operation of the Department of Public Information and other units of the Secretariat in enabling the Special Unit on Palestinian Rights to perform its tasks, inter alia through the production, in consultation with the Committee on the Exercise of the Inalienable Rights of the Palestinian People, of a film on Palestinian rights and through the provision of copies of the photographic exhibit on Palestinian rights installed at United Nations Headquarters and of other visual material for use by the Special Unit and United Nations information centres;
6. Invites all Governments and organizations to lend their co-operation to the Committee on the Exercise of the Inalienable Rights of the Palestinian People and the Special Unit on Palestinian Rights in the performance of their tasks;
7. Notes with appreciation the action taken by Member States to observe annually on 29 November the International Day of Solidarity with the Palestinian People and the issuance by them of special postage stamps for the occasion.
C
The General Assembly,
Having considered the report of the Committee on the Exercise of the Inalienable Rights of the Palestinian People,
Recalling its relevant resolutions, particularly resolutions 31/20 of 24 November 1976 and ES-7/2 of 29 July 1980,
Gravely concerned that no just solution to the problem of Palestine has been achieved and that this problem therefore continues to aggravate the Middle East conflict of which it is the core, and to endanger international peace and security,
Convinced that wider international recognition of the facts underlying the question of Palestine will lead to a just solution of the problem,
Recognizing that a lasting peace in the Middle East requires a just solution of the problem of Palestine through the attainment and exercise by the Palestinian people of its inalienable rights,
Emphasizing the need for a comprehensive effort to seek effective ways and means to enable the Palestinian people to attain and to exercise these rights,
1. Decides to convene, under the auspices of the United Nations, an International Conference on the Question of Palestine not later than 1984, on the basis of General Assembly resolution ES-7/2;
2. Authorizes the Committee on the Exercise of the Inalienable Rights of the Palestinian People to act as the Preparatory Committee for the Conference and to take all the necessary steps for its organization, to hold sessions particularly for this purpose and to make recommendations regarding, inter alia, the site, scheduling of and participation in the Conference, and the provisional agenda of the Conference;
3. Invites all appropriate United Nations bodies, specialized agencies and other intergovernmental and non-governmental organizations to co-operate with the Committee in the implementation of the present resolution;
4. Requests the Secretary-General to appoint a Secretary-General of the Conference and to provide all the necessary assistance to the Committee in the organization of the Conference.
D
The General Assembly,
Having considered the report of the Committee on the Exercise of the Inalienable Rights of the Palestinian People and the recommendations contained therein,
Having heard the statement of the Palestine Liberation Organization, the representative of the Palestinian people,
Expressing its extreme concern that no just solution to the problem of Palestine has been achieved and that this problem therefore continues to aggravate the Middle East conflict, of which it is the core, and to endanger international peace and security,
Reaffirming that a just and comprehensive lasting peace in the Middle East requires a just solution to the problem of Palestine through the attainment by the Palestinian people of its inalienable rights,
Resolutely emphasizing the inadmissibility of the acquisition of territory by force,
Recognizing the need to work for a comprehensive, just and lasting peace in the Middle East,
Recalling and reaffirming its previous relevant resolutions, particularly resolutions 181 (II) of 29 November 1947, 194 (III) of 11 December 1948, 3236 (XXIX) of 22 November 1974 and ES-7/2 of 29 July 1980,
1. Reaffirms the inalienable right of the Palestinians to return to their homes and property in Palestine, from which they have been displaced and uprooted, and calls for their early return;
2. Reaffirms also the inalienable rights in Palestine of the Palestinian people, including:
(a) The right to self-determination without external interference, and to national independence and sovereignty;
(b) The right to establish its own independent sovereign State;
3. Reaffirms, in particular, that a comprehensive, just and lasting peace in the Middle East cannot be established without the withdrawal of Israel from all the occupied Palestinian and other Arab territories, including Jerusalem, and without the achievement of a just solution of the problem of Palestine on the basis of the attainment by the Palestinian people of its inalienable rights in Palestine in accordance with the Charter of the United Nations and the relevant resolutions of the United Nations;
4. Expresses its opposition to all policies and plans aimed at the resettlement of the Palestinians outside their homeland;
5. Demands that Israel should withdraw completely and unconditionally from all the Palestinian and other Arab territories occupied since June 1967, including Jerusalem, with all property and services intact;
6. Further demands that Israel should fully comply with all the resolutions of the United Nations relevant to the historic character of the Holy City of Jerusalem, in particular Security Council resolutions 476 (1980) of 30 June 1980 and 478 (1980) of 20 August 1980, and rejects the enactment of a "basic law" by the Israel Knesset proclaiming Jerusalem as the capital of Israel;
7. Demands that Israel should fully comply with the provisions, in particular, of Security Council resolution 465 (1980) adopted unanimously on 1 March 1980;
8. Reaffirms the basic principle that the future of the Palestinian people can only be considered with its participation and calls for the participation of the Palestine Liberation Organization, the representative of the Palestinian people in all efforts, deliberations and conferences on the question of Palestine and on the situation in the Middle East to be held under the auspices of the United Nations, on an equal footing and on the basis of the relevant resolutions of the United Nations;
9. Endorses the recommendations of the Committee on the Exercise of the Inalienable Rights of the Palestinian People contained in paragraphs 49 to 53 of its report and draws the attention of the Security Council to the fact that action on the Committee's recommendations, as endorsed by General Assembly resolution 31/20, is long overdue;
10. Requests the Security Council to convene in order to consider the situation and the adoption of effective measures to implement the recommendations of the Committee as endorsed by the General Assembly in its resolution 31/20 of 24 November 1976;
11. Decides to include in the provisional agenda of its thirty-seventh session the item entitled "Question of Palestine".
E
The General Assembly,
Recalling and reaffirming its resolution 2253 (ES-V) of 4 July 1967, 2254 (ES-V) of 14 July 1967,, 35/169 of 15 December 1980 and 36/15 of 28 October 1981,
Recalling the resolutions of the Security Council relevant to the character and status of the Holy City of Jerusalem, in particular resolutions 252 (1968) of 21 May 1968, 267 (1969) of 3 July 1969, 271 (1969) of 15 September 1969, 298 (1971) of 25 September 1971, 465 (1980) of 1 March 1980, 476 (1980) of 30 June 1980 and 478 (1980) of 20 August 1980,
Reaffirming that the acquisition of territory by force is inadmissible,
Bearing in mind the specific status of Jerusalem and, in particular, the need for protection and preservation of the unique spiritual and religious dimension of the Holy Places in the City,
Recalling the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949,
Deploring the persistence of Israel in changing the physical character, the demographic composition, the institutional structure and the status of the Holy City of Jerusalem,
1. Determines once again that all legislative and administrative measures and actions taken by Israel, the occupying Power, which have altered or purport to alter the character and status of the Holy City of Jerusalem, and, in particular, the so-called "Basic Law" on Jerusalem and the proclamation of Jerusalem as the capital of Israel, are null and void and must be rescinded forthwith;
2. Affirms that such actions constitute a serious obstruction to achieving a comprehensive, just and lasting peace in the Middle East and a threat to international peace and security;
3. Reaffirms its resolution not to recognize that "Basic Law" and such other actions by Israel that, as a result of this law, seek to alter the character and status of Jerusalem and calls upon all States, specialized agencies and other international organizations to comply with the present resolution and other relevant resolutions and urges them not to conduct any business which is not in conformity with the provisions of the present resolution and the other relevant resolutions;
4. Demands that Israel should fully comply with all resolutions of the United Nations relevant to the historic character of the Holy City of Jerusalem, in particular Security Council resolutions 476 (1980) and 478;
5. Requests the Secretary-General to report on the implementation of those resolutions within six months.
F
The General Assembly,
Recalling and reaffirming its resolutions 34/65 A and B of 29 November and 34/65 C and D of 12 December 1979 and 35/169 B of 15 December 1980,
Taking note of paragraphs 26, 27 and 52 of the report of the Committee on the Exercise of the Inalienable Rights of the Palestinian People,
1. Strongly reaffirms its rejection of those provisions of the accords which ignore, infringe, violate or deny the inalienable rights of the Palestinian people, including the right of return, the right of self-determination and the right to national independence and sovereignty in Palestine, in accordance with the Charter of the United Nations and the principles of international law, and which envisage and condone continued Israeli occupation of the Palestinian territories occupied by Israel since 1967, including Jerusalem}
2. Expresses its strong opposition to all partial agreements and separate treaties which constitute a flagrant violation of the rights of the Palestinian people, the principles of the Charter and the resolutions adopted in the various international forums on the Palestinian issue, as wall as the principles of international law, and declares that all agreements and separate treaties have no validity in so far as they purport to determine the future of the Palestinian people and of the Palestinian territories occupied by Israel since 1967, including Jerusalem)
3. Declares that no State has the right to undertake any actions, measures or negotiations that could, affect the future of the Palestinian people, its inalienable rights and the occupied Palestinian territories without the participation of the Palestine Liberation Organization on an equal footing, in accordance with the relevant resolutions of the United Nations, rejects all such actions, measures and negotiations, and considers all such actions, measures and negotiations as a flagrant violation of the inalienable rights of the Palestinian people;
4. Decides that all actions, measures and negotiations to implement or execute such accords and agreements, or any part thereof, are null and void in so far as they purport to determine the future of the Palestinian people and of the Palestinian territories occupied by Israel since 1967, including Jerusalem.
36/171
Question of human rights relating to the case of Mr. Ziad Abu Eain
The General Assembly,
Recalling the Charter of the United Nations and the Universal Declaration of Human Rights,
Recalling its resolution 32/14 of 7 November 1977 and other pertinent resolutions in which the General Assembly, inter alia, reaffirmed the legitimacy of the struggle for independence, territorial integrity, national unity and liberation from colonial and foreign domination and alien subjugation by all available means,
Noting that Mr. Ziad Abu Eain, a Palestinian national from occupied Palestinian territory and a Jordanian citizen, was illegally detained in prison in the United States of America for over two years,
Noting also that the sole basis for "probable cause" against Mr. Ziad Abu Eain was a Hebrew language statement extracted from a person who had no knowledge of the Hebrew language and who was in Israeli custody, whose statement was later recanted,
Deeply concerned that the Government of the United States has extradited Mr. Ziad Abu Eain and delivered him to Israel, the occupying Power,
1. Strongly deplores the action of the Government of the United States of America in extraditing Mr. Ziad Abu Eain to Israel, the occupying Power;
2. Demands that Mr. Ziad Abu Eain be immediately released and that the Government of the United States, being responsible for his safety, should facilitate his safe transfer to the country of his choice;
3. Requests the Secretary-General to report to the General Assembly on the implementation of the present resolution no later than 31 December 1981;
4. Decides to retain item 12 on the agenda of its thirty-sixth session for the cole purpose of further considering the question of human rights relating to the case of Mr. Ziad Abu Eain.
Statement made by the Chairman of the Committee on the
Inalienable Rights of the Palestinian People, Mr. Massambe Sarré
The entire international community has with all proper solemnity just celebrated, in a mood of contemplation and hope, the International Day of Solidarity with the Palestinian People. This ceremony once again pointed up, if there was any need for this, the urgency of finding a Just and comprehensive solution of the Palestine problem. The important message of that Day to be borne in mind is the desire for conciliation, Justice, peace and understanding in the face of confrontation and exaggerated statements. This message – from the United Nations, whose basic task is to preserve peace throughout the world – to a region that very early on, through revealed religion, spread the idea of peace and Justice on earth, should be heeded.
Once again it is time to take stock of the question of Palestine. During the past year, the Committee over which I have the honour to preside, has tried to discharge the mandate entrusted to it by this Assembly. The report contained in document A/36/35 gives members a faithful account of our activities, and Ambassador Gauci, our Rapporteur, will set forth the details of that report. As members will have noted, participation in our work was open to all the States Members of the United Nations. It was our intention thereby to involve all those of goodwill in the process which should lead the Palestinian people to the exercise of their inalienable rights. The Committee set itself the task of examining impartially and objectively the question of Palestine and its development. It showed itself receptive to all sectors of opinion and strove to serve Justice in highlighting rights which had been disregarded or flouted.
It was in this spirit and within the framework of resolution 36/169 C, paragraphs 2 and 3, adopted by the General Assembly on 15 December 1980, that the Committee followed closely the new events that took place in the occupied territories, and each time the Israeli Government took measures which constituted a violation of international law or of the resolutions of the General Assembly and the Security Council the attention of the Secretary-General and the President of the Security Council was drawn to those facts. This year these were basically: the illegal establishment of Israeli settlements in the occupied territories; the expropriation or the annexation pure and simple by the Israeli authorities of vast territories belonging to the Arabs; repeated violations of Palestinian rights; the repeated attacks by Israel on the Palestinian refugee camps in Lebanon, which caused the death of several Palestinian civilians. Then there was the plan to build a canal which would link the Dead Sea to the Mediterranean, then Israel proceeded to dig a tunnel under the Al Aqsa mosque. Such work threatens Islamic buildings, which moreover are of historic interest.
All those acts, as well as many others, because of their impact on peace end stability in the region, show once again that the General Assembly and the Security Council must take effective measures to compel Israel to withdraw immediately and completely from the territories they have occupied illegally.
Furthermore, the Committee has, in accordance with its mandate, been present at international conferences or other meetings which have considered the matter of Palestine. It participated in the third summit conference of the members of the Islamic Conference, held in Taif from 25 to 28 January 1981, the Conference of Ministers on Foreign Affairs of Non-Aligned Countries held in New Delhi from 9 to 13 February 1981, the meeting of the national Council of Palestine, which was held in Damascus from 11 to 15 April 1981 the International Conference on Sanctions against South Africa, the Twelfth Islamic Conference of Foreign Ministers held in Baghdad, from 1 to 5 June 1981 and the thirty-seventh session of the Council of Ministers and the eighteenth session of the Assembly of Heads of State and Government of the Organization of African Unity (OAU), held in Nairobi from 15 to 26 June 1981.
The Committee during those conferences, made known its recommendations and the ways of implementing then, and it is happy to state that the objective presentation of the problem of Palestine was welcomed in these forums. That favourable response was reflected each tine by the adoption of appropriate resolutions. A delegation of the Committee was also received by the Chairman of the executive board of the Palestine Liberation Organization (PLO) Mr. Yasser Arafat, who took the opportunity to reaffirm his confidence in the United Nations as regards a just and comprehensive solution to the problem of Palestine.
Two United Nations seminars on the Question of Palestine, having as their central topic the inalienable rights of the Palestinian people were held from 10 to 14 August 1981 and from 31 August to 4 September 1981, respectively in Colombo and Havana.
Those who participated in those seminars acknowledged that no restriction should be tolerated in respect of the rights of the Palestinian people as defined in the relevant resolutions of the United Nations and as accepted by the overwhelming majority of States Members of our Organization. Similarly, no infringement should be tolerated of the fundamental principles which the international community has reaffirmed constitute the basis for a just and lasting settlement of the question of Palestine.
In the light of these facts and comments the Committee believes that any examination of the problem of the question of Palestine must be based on the following basic principles.
First, the question of Palestine is at the core of the problem of the Middle East and consequently it is impossible to envisage a solution to the problem unless we take account of the inalienable rights of the people.
Secondly, the exercise of the inalienable right of the Palestinian people to return to their homes and to achieve self-determination, independence and national sovereignty would contribute to resolving the Middle East crisis.
Thirdly, the participation of the Palestine Liberation Organization, the representative of the Palestinian people, on an equal footing with all other parties on the basis of resolutions 3236 (XXIX) and 3375 (XXX) of the General Assembly is indispensable whenever efforts are made and meetings and conferences organized on the Middle East under United Nations auspices.
Fourthly, the acquisition of territories by force is inadmissible and Israel must withdraw completely from the occupied Arab territories.
Finally, a greater understanding of the just cause of the Palestinian people must besought.
The Committee recommends to the General Assembly that once again the Security Council be requested to take urgent steps to follow up these recommendations in a positive manner.
As representatives will have noted, these recommendations are devoid of aspects of confrontation or recrimination. They are, in the interest of justice and peace, the appropriate ways and means to enable the Palestinian people to exercise their inalienable rights. In order to achieve this the Committee makes an appeal, in particular to Israel, to conform without further ado with the relevant resolutions of our Organization regarding the inalienable rights of the Palestinian people as defined above. Peace in this region begins with that step. The Committee makes an appeal to all parties concerned to control their emotions, passions and ambitions and to devote their genius, imagination and creative power to finding a just and comprehensive solution to the problem of the Middle East, of which the question of Palestine is the core. The international community must help them to do this.
We know that outside the United Nations there have been initiatives, new approaches and appeals because of the determination to find a just solution to the question of Palestine. It would be interesting, without sacrificing the basic principles that I have Just enumerated, to examine all these facts and to analyse them so as to draw the necessary inferences from them.
Our Assembly has Just adopted a resolution entitled "Declaration of an international peace year and an international peace day". The Palestinian question should be among the first to benefit from the generous provisions of this resolution. In order that this wish may be fulfilled, Israel, to which I am speaking once again, should heed the appeal of one of its sons who contributed a great deal to its creation, Nahum Goldmann, who said, during an interview published on 5 July 1981:
As in the past, the Committee will spare no effort to contribute to the restoration of peace in this region which is so dear to mankind. It pays a tribute to the Secretary-General of the United Nations, Mr. Kurt Waldheim, for his constant efforts to bring about a just, comprehensive settlement of the Palestinian question. The Committee highly values the co-operation and understanding demonstrated by Mr. William Buffum, the Under-Secretary-General, as well as the willingness to co-operate evinced by the Special Unit on Palestinian Rights, which is headed so competently by Mr. Yogasundram, assisted by his devoted colleagues in the discharge of his task.
The Committee remains convinced that it will have the assistance of the General Assembly and all persons of goodwill, and it will continue to spare no effort to complete the task assigned to it by the Assembly.
Statement made "by the Rapporteur to the Committee on the
Exercise of the Inalienable Rights of the Palestinian People, Mr. Victor J. Gauci
I place officially before the General Assembly the report of the Committee on the Exercise of the Inalienable Rights of the Palestinian People, called for under resolution 35/169 C. The report follows the traditional pattern; it is the seventh consecutive account of the activities of the Committee since its establishment.
In carrying out my task today I would be less than honest if. I did not admit to a feeling of déjà vu. The question of Palestine, which continues to perplex us to this day, was first brought before the Assembly in 1947. In that year the United Nations recognized the right of the Arab people of Palestine to an independent State, side by side the Jewish people.
History records that resolution 181 (II) was implemented only in part and subsequent resolutions were largely ignored. This omission implies that the life-span of this Organization has been paralleled by the unremitting despair of the Palestinian people. Their poignant plight contrasts starkly with our collective achievements in decolonization.
Despite a solitary voice which refuses to admit it – and which at one time even went so far as to deny the existence of over 4 million Palestinian people – we are reminded that there are those who to this day are still denied the application of the hallowed and supposedly universal principles of equal right, and self-determination of peoples. This is the omission the Committee has been asked to rectify, while respecting previous decisions of the United Nations. It is therefore only natural that the main concentration of the Committee and of its work rests on the restoration of defined rights so far denied to the Palestinian people.
After having made in the first year of its establishment comprehensive recommendations for a peaceful solution free from the pressure of immediate events and building a foundation for the future, the Committee in subsequent years focused upon keeping those peaceful options open, overseeing the situation in the occupied territories, preparing in-depth studies on aspects of the Palestine question and encouraging positive action by the Security Council.
In attempting to gain even wider acceptance of its recommendations for an equitable solution to this agonizing problem: and to point the way forward, the Committee this year again went out of its way to encourage the views and opinions of all Member States, particularly those of the parties on the spot, and of the members of the Security Council. The number of observers who followed the work of the Committee once again increased as a result. The prejudices, the misconceptions and the distortions surrounding the issue of Palestine in many quarters have not made the Committee's work any easier. We continue to face this problem, but we have managed to restore some balance in the flow of information.
Only very recently, for instance, a leading television periodical in Heir York published two articles entitled Blind Spot in the Middle East". The research carried out conclusively proves that:
U.S. networks are much more likely to give the Israeli perspectives than they are to voice Palestinian concerns. The Committee therefore, has been particularly anxious to provide objective and comprehensive studies on the issue of Palestine in order to inform public opinion, especially in the countries where this is most required. In this respect the Committee appreciates the valuable work accomplished by the Special Unit on Palestinian Rights. In addition to the in-depth studies published last year, a new one entitled Palestinian Children in the Occupied Territories was produced this year, and others are in an advanced stage of preparation.
The Committee!s latest mandate for 1981 was prescribed in resolutions ES-7/3 and 35/169. This year's report provides a straightforward synthesis of the work done in fulfilling that mandate. Throughout the year the situation in the occupied territories once again has had to be carefully monitored by the Committee. Several actions by Israel which, in the opinion of the Committee, violated international law and United Nations resolutions were consequently reported to the Secretary-General and to the President of the Security Council.
The gravity, the scope and the cumulative effect of these consistent Israeli violations are illustrated by the calculation that since 1967 the Israeli have purchased, appropriated or otherwise seized more than 370,000 acres of West Bank land. In may this year the Jerusalem Post reported Prime Minister Begin as asserting that as long as he headed the Government of Israel there would be no withdrawal from the occupied territories. An objective observer can have little doubt that the thrust of Israeli policy since 1967 in the West Bank has been to absorb it as an integral Israeli territory, stopping just short of the annexation applied to East Jerusalem.
It can easily be seen that Israel's claim over the occupied territories and the settlements established therein are deliberately designed seriously to undermine the basis of Arab communal life – land, water and leadership.
Rigid controls over water and electricity increase the vulnerability of the remaining unexpropriated land. The Arab population has experienced increasing day-to-day harassment. Newspapers are suppressed, houses are blown up. Arab communities find themselves systematically isolated by the establishment of more than 100 strategically situated settlements. This seems to be a deliberate Israeli policy to frustrate any indigenous attempts to create territorial and political continuity in the occupied territories.
In addition, there are ominous reports of official plans to minimize the risks of absorbing too large an Arab population by the forcible expulsion of nearly 1 million Arab inhabitants from the occupied territories. The dismal record of Israeli repression has even infiltrated the institutes of higher learning, where student protests were suppressed by the military authorities through the draconian measure of closing down Bir Zeit University.
Israel attempts to confer some measure of legitimacy on the multiplication of settlements, but these settlements have been denounced by this Organization and by a large sector of informed public opinion. At last year:s emergency special session on the question of Palestine an overwhelming majority of the 107 speakers that participated in the Assembly debate spoke out very strongly against this expansionism.
However, in spite of such overwhelming evidence to the contrary, there always subterfuge, and we still hear isolated voices in the highest echelons of power commenting that Israel's colonization of the West Bank is "not illegal". These misconceived opinions are indicative of the obstacles being placed in the way of a just solution to the question of Palestine.
Israel attempts to deflect criticism by euphemistically referring to the West Bank as an "administered area", hoping thereby to sidestep article 49 of the 1949 Geneva Convention forbidding "individual or mass forcible transfers" out of or into occupied territory. Other current euphemisms include the "closing" as opposed to the seizing of Arab land, and the "thickening" of Israeli settlements.
In truth, of course, no member of the international community can be deceived by such word play. The reality on the. spot is that Israel's political crackdown in the illegally occupied territories has produced a vast reservoir of intercommunal bitterness; overwhelming concern is felt by objective observers about what cannot but be regarded by Palestinian politicians and other Arab leaders as creeping annexation. It seems that a determined Israeli effort is under way to foreclose any prospect of a reasonable solution, while the whole world looks on in dismay.
In October this year the Israeli coalition Government approved a scheme whereby a civilian-authority would administer the lives of the 1.2 million Palestinians in the West Bank and the Gaza Strip. A critical editorial in Al Fajir, the English language Palestinian weekly published in Jerusalem, commented: "It is absolutely clear that the Palestinians are not impressed because they see absolutely no constructive change in Israeli policy. They are not impressed by the fact that civilian suits will now be worn by military officers who used to doff their suits to do their jobs in the West Bank."
In its report the Committee specifically reminds the Assembly that, both on the establishment of settlements in the occupied territories and on the status of Jerusalem, the views of the international community that Israeli action is illegal have been quasi-unanimous. Yet recent statistics amply illustrate the sharp acceleration of Israeli plans to encircle Jerusalem. Moreover, Israeli radio reported on 4 October 1981 that Prime Minister Begin would soon be holding Cabinet meetings in the former Arab sector of the city. Such actions are not only highly provocative in themselves, but unfortunately also seriously hamper any future international efforts on the future of the city of Jerusalem as part of a comprehensive Middle East settlement.
The Committee stresses its deep conviction that the question of Palestine cannot remain unresolved. So far nothing has worked – not repression, not expulsion, not absorption. The notion of some form of Israeli enforced administrative autonomy offers no real hope for the future. The Israeli bid to persuade Arab leaders to accept autonomy in the segmented zones has not generated much enthusiasm. The "autonomy" facade is easily penetrated; subject status is no substitute for self-determination. The continued occupation, the expulsion of the area's political leaders, the planting of settlements – these tactics constitute an ill-advised recipe for hatred. Clearly, they are incompatible with the search for peace.
The periodic bombing of friendly Lebanon is the clearest indicator of Israel's bankrupt Middle East policy. A mission of the Co-ordinating Bureau of the non-aligned countries visited Lebanon after the latest savage attack in August this year. In its report the mission had this to say:
Israel has violated the territorial integrity of Lebanon repeatedly, in defiance of international law, of United Nations resolutions and of world public opinion. The Committee therefore once again points out the urgent need for a genuine and comprehensive attempt to reverse this trend towards a new explosion of violence.
Above all else, the Committee feels bound to repeat that which is as fundamental as it is obvious, as democratic as it is legitimate: without the participation of the Palestine Liberation Organization (PLO), the representative of the Palestinian people, there will be no equitable and enduring settlement of the Palestine question. It is simply neither right nor feasible successfully to negotiate about the future of Palestine with no Palestinian leaders present.
How can any defender of democracy, any champion of human rights, any theorist of logic, advocate such a fatally flawed imposition? How many more lives must be lost before this basic truth is admitted? We are glad to note that steadily and surely the advancing tide of recognition of the PLO points to the futility of the last bastions of opposition. The legitimate grievances of the Palestinians are gaining widespread recognition in capitals throughout the world. To exclude the representatives of the Palestinian people from any negotiations, to behave as if they did not exist, is to fly in the face of reality. The Committee notes with pleasure that more and more States are opening their doors to representatives of the PLO.
In operative paragraph 3 of resolution 35/169 C the Committee is authorized to attend international conferences and to account for its activities. The Committee's report gives details of the conferences attended and the visits made; the number again exceeded those of previous years. These well-prepared activities enable the Committee to disseminate information about its work and recommendations, to evaluate progress and to gather public support for the implementation of those recommendations. The Committee is encouraged by the high level of support accorded to its work, by the detailed attention given to the problems of Palestine and the Middle East at those conferences attended, and by the spontaneous sympathy shown to the disinherited Palestinians,
In addition, in accordance with paragraph 2 of resolution 34/65 D, two seminars on the inalienable rights of the Palestinian people were held in 1981. These took place in Sri Lanka and Cuba; they were the third and fourth respectively in the series on the subject. The Committee feels that these seminars have a valuable information function, engendering a frank and open flow of ideas on the question of Palestine. The reports are considered so valuable that this year they are given as annexes to the Committee's own report. An even heavier programme of such activities is envisaged for next year.
Finally, and most important of all, this year the Committee has once again decided to bring its original recommendations to the forefront. These have received the annual endorsement of the General Assembly since its thirty-first session, five long years ago. The Committee feels that these recommendations are as valid today as they were then. They have of course become more urgent. We remind the Assembly that they are founded upon, and fully respect, decisions already taken by this Organization. They are specifically designed to involve the United Nations in a peaceful solution to the question of Palestine, which is the essential component for the resolution of the Middle East conflict.
On the tide of an awakened public opinion, this reality, this inescapable factor, has gained further influential recognition in the recent, if somewhat belated, statements by three former Presidents of the United States. They pointed out that the most important factor in solving the Middle East crisis was not the injection of yet more arms but a resolution of the Palestine question.
The diplomatic efforts of the Palestine Liberation Organization the initiatives taken and proposals made by several international organizations and influential third parties, in addition to the efforts of this Organization, ere adding significant momentum to the search for a just solution which does not ignore the heart of the matter. The Committee has taken note of these initiatives: it welcomes and encourages them and is following them with the greatest interest.
The Committee wishes to stress once more that its recommendations recognize the right to existence of all States in the region, not least the newly independent State of Palestine when it is established and if it so wishes. We underline that the realization of the Palestinian people's inalienable right to return to their homes and to self-determination, independence and national sovereignty would contribute significantly to a solution of the Middle East conflict.
It was for this purpose that the Committee put forward a programme which does not ignore the complexities of the situation but would still allow the implementation of a phased, peaceful exercise by the Palestinians of their legitimate rights. We have consistently stressed the role of the United Nations in spearheading a peaceful solution, particularly as this Organization has been involved in the question of Palestine since its establishment. Once more, we must emphasize the crucial and decisive role of the Security Council, especially its permanent members, in this process.
We therefore cannot but express concern that this body has been unable so far to reach a constructive decision on the question. This brick wall of inaction has potentially serious consequences not only for the people of the Middle East and for world peace but also for the very institutions of this Organization.
The Committee's frustration now compels us to ask for how long a United Nations Committee can continue making recommendations, which are overwhelmingly endorsed time and time again by the General Assembly only to see them blatantly ignored and never put into practice.
The desire of the United Nations as far as the people of Palestine are concerned has been expressed repeatedly; annually it gathers increasing strength, yet our collective voice continues to fall on deaf ears when it comes to implementation. The institutions of this Organization are being ignored and consequently suffer a concomitant loss of credibility, a loss which will do little to ease our way forward in the future.
We all know that events in the Middle East have not in the past, and will not in the future, await constructive and decisive action by the Security Council. The intransigence of one Member State, and the hesitation of one permanent member of the Security Council, in facing up to the emerging realities of the situation only contribute incendiary sparks to the already volatile and dangerous climate in the Middle East. The international community is planning peacefully ahead, but in the corridors of power a different view prevails.
The notion that the problem of Palestine can be solved by reversing priorities and by trying to settle the Palestinian question on the coat-tails of an agreement on Middle East security ignores the nub of the question, the implacable factor of the situation. If this aspect continues to be ignored, then unfortunately the Arab-Israeli conflict will remain the hallmark of international politics in years to come and the legitimate aspirations of a people to self-determination will have been savagely thwarted despite increasing international indignation.
Dominant themes of current policy towards the Middle East seem to focus upon the supply of an increased volume of increasingly sophisticated arms to the region, more commitments of power and a deeper involvement by prominent actors in Middle East affairs.
Statistics give some idea of the magnitude of arms concentration in the region. During the period 1978-1980 five Middle East countries alone accounted for over one third of all major weapons imported by developing countries. We hear continual outbursts of bristling talk, as if more arms and force were all that was required to solve an essentially humanitarian problem.
In this scenario the people of Palestine are treated as chattels in a game of big-Power politics; they have been condemned to the starkest of choices – either exile or foreign domination in their own land. Attempts by third parties and by this Organization to play a constructive role in formulating an equitable settlement have so far been brushed aside. This plays into the hands of extremists and creates a recipe for recurrent crises.
If large sections of the West Bank and the Gaza Strip continue to be swallowed up by Israel, any remaining chance of achieving a peaceful settlement will be lost. The Israelis appear intent on choosing territory over peace. Such a policy is not only morally wrong and legally untenable but it will also impose on succeeding Israeli Governments the obligation to maintain a colonial rule over more than 1 million Palestinians. It will of course stoke the fires of unrest and violence, making life for the Palestinians even more unendurable and further undermining Israel's standing in the eyes of the world community. It is as much an invitation to conflict as the Committee's recommendations are an honourable prescription for peace.
But as far as the Committee's recommendations are concerned we seem to be caught in a vicious circle. Endorsement is followed by inaction as surely as night follows day. Year after year the pattern repeats itself. The Committee has urged, explained, argued and annually presented the undoubtedly just cause-of the people of Palestine for self-determination and independence, in accordance with the mandate given it by the General Assembly.
It has presented a programme incorporating those rights, which, if applied, would culminate in their peaceful exercise. We remain convinced that positive action on the Committee's recommendations by the Security Council would create the necessary practical steps in the search for a just and lasting peace in the Middle East. In particular, the Committee wishes to recall the strong endorsement by last year's emergency special session of the right of the Palestinian people to establish its own independent sovereign State.
In the face of this situation, and as a. last resort, the Committee feels it should recommend to the Assembly that, unless the Security Council takes the matter into its own hands in resolute fashion, an international conference on the question of Palestine should be held in the near future. The conference would of course require adequate preparation. Its purpose would be to provide an up-dated assessment of the situation in Palestine and to ensure effective implementation of the practical steps necessary for the restoration of internationally endorsed Palestinian rights – a tall order, but nothing less is required, since at the present time procrastination seems to be the order of the day.
By failing to deal with the stubborn realities of this increasingly desperate situation, we open the door to further repression, suffering, instability and violence. The Committee very strongly urges that this acute problem should not be handled by conflict, but by the force of reason and justice. The demand of the Palestinian people for the realization of their inalienable rights already enjoys overwhelming support. The rights have been defined, but their exercise has been ruthlessly denied. Delay will only exacerbate suffering and despair, for as one prominent Palestinian pointed out: "What is a man worth if he has no homeland and he has no flag and no address? What good is a man?".
Understandably these strong feelings will be reflected in our debate and it is only natural that some acrimony will arise. But heated exchanges should not be allowed to distract our attention from the wide international convergence that exists for the restoration of the recognized rights of the Palestinian people, rights which so far have not been fulfilled. That is where our efforts at this session should be concentrated.
That is the anomaly which the Committee once again respectfully urges the General Assembly to consider very carefully and very constructively. The agony of the Palestinian people can be relieved., the momentum for peace in the area can be restored, the security of all countries in the region can be safeguarded if all of us here are prepared to recognize the deficiencies in current approaches and to assume the challenge to our collective capabilities.
The Committee has gone far out of its way to take the views of all sectors into account and to propose a solution which does not overlook the genuine preoccupations of any of the parties, to the conflict. It is time – indeed the time is overdue – for all who value human rights, freedom and peace to press resolutely for action, with the backing of the Security Council. Let us therefore hesitate no longer, for to hesitate in the face of injustice is dangerously wrong.
3. Resolutions relating to Palestinian rights considered by the Special Political Committee
Resolution 36/147. Report of the Special Political Committee to Investigate Israeli Practices Affecting the Human Rights of the Population of the Occupied Territories
A
The General Assembly,
Recalling its resolutions 3092 A (XXVIII) of 7 December 1973, 3240 B (XXIX) of 29 November 1974, 3525 B (XXX) of 15 December 1975, 31/106 B of 16 December 1976, 32/91 A of 13 December 1977, 33/113 A of 18 December 1978, 34/90 B of 12 December 1979 and 35/122 A of 11 December 1980,
Recalling also Security Council resolution 465 (1980) of 1 March 1980 in which, inter alia, the Council affirmed that the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949, is applicable to the Arab territories occupied by Israel since 1967, including Jerusalem,
Considering that the promotion of respect for the obligations arising from the Charter of the United Nations and other instruments and rules of international law is among the basic purposes and principles of the United Nations,
Bearing in mind the provisions of the Geneva Convention,
Noting that Israel and those Arab States whose territories have been occupied by Israel since June 1967 are parties to that Convention,
Taking into account that States parties to that Convention undertake, in accordance with article 1 thereof, not only to respect but also to ensure respect for the Convention in all circumstances,
1. Reaffirms that the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949, is applicable to Palestinian and other Arab territories occupied by Israel since 1967, including Jerusalem;
2. Condemns the failure of Israel as the occupying Power to acknowledge the applicability of that Convention to the territories it has occupied since 1967, including Jerusalem)
3. Demands that Israel acknowledge and comply with the provisions of that Convention in Palestinian and other Arab territories it has occupied since 1967, including Jerusalem)
4. Urgently calls upon all States parties to that Convention to exert all efforts in order to ensure respect for and compliance with its provisions in Palestinian and other Arab territories occupied by Israel since 1967, including Jerusalem.
B
The General Assembly,
Recalling its resolutions 32/5 of 28 October 1977, 33/133 B of 18 December 1978, 34/90 C of 12 December 1979, and 35/122 B of 11 December 1980,
Recalling also Security Council resolution 465 (1960) of 1 March 1980,
Expressing grave anxiety and concern at the present serious situation in the occupied Palestinian and other Arab territories, including Jerusalem, as a result of the continued Israeli occupation and the measures and actions taken by the Government of Israel, as the occupying Power, designed to change the legal status, geographical nature and demographic composition of those territories.
Considering that the Geneva Convention relative to the Protection of Civilian Persons in Tine of War, of 12 August 1949, is applicable to all Arab territories occupied since 5 June 1967, including Jerusalem,
1. Determines that all such measures and actions taken by Israel in the Palestinian and other Arab territories occupied since 1967, including Jerusalem, are in violation of the relevant provisions of the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949, and constitute a serious obstruction of efforts to achieve a just and lasting peace in the Middle Bast, and therefore have no legal validity;
2. Strongly deplores the persistence of Israel in carrying out such measures, in particular the establishment of settlements in the Palestinian and other occupied Arab territories, including Jerusalem;
3. Demands that Israel comply strictly with its international obligations in accordance with the principles of international law and the provisions of the Geneva Convention;
4. Demands once more that the Government of Israel, the occupying Power, desist forthwith from taking any action which would result in changing the legal status, geographical nature or demographic composition of the Palestinian and other Arab territories occupied since 1967, including Jerusalem;
5. Urgently calls upon all States parties to the Geneva Convention to respect and to exert all efforts in order to ensure respect for and compliance with its provisions in all Arab territories occupied by Israel since 1967, including Jerusalem.
C
The General Assembly,
Guided by the purposes and principles of the Charter of the United Nations and by the principles and provisions of the Universal Declaration of Human Rights,
Bearing in mind the provisions of the Geneva Convention relative to the Protection of Civilian Persons in Time of war, of 12 August 1949, as well as of other relevant conventions and regulations,
Recalling all its resolutions on the subject, in particular resolutions 32/91 B and C of 13 December 1977, 33/113, C of 18 December 1978, 34/90 A of 12 December 1979, and 35/122 C of 11, December 1980, and also those adopted by the Security Council, the Commission on Human Rights and other United Nations organs concerned and by the specialized agencies,
Having considered the report of the Special Committee to Investigate Israeli Practices Affecting the Human Rights of the Population of the Occupied Territories, which contains, inter alia, public statements made by the leaders of the Government of Israel,
1. Commends the Special Committee to Investigate Israeli Practices Affecting the Human Rights of the Population of the Occupied Territories for its efforts in performing the tasks assigned to it by the General Assembly and for its thoroughness and impartiality;
2. Deplores the continued refusal by Israel to allow the Special Committee access to the occupied territories;
3. Demands that Israel allow the Special Committee access to the occupied territories;
4. Reaffirms the fact that occupation Itself constitutes a grave violation of the human rights of the civilian population of the occupied Arab territories;
5. Condemns the continued and persistent violation by Israel of the Geneva Convention relative to the Protection of Civilian Persons in Time of Mar, of 12 August 1949, and other applicable international instruments, and condemns in particular those violations which that Convention designates as "grave breaches" thereof;
6. Declares that Israel's grave breaches of the Geneva Convention, are war crimes and an affront to humanity;
7. Strongly condemns the following Israeli policies and practices:
(a) Annexation of parts of the occupied territories, including Jerusalem;
(b) Establishment of new Israeli settlements and expansion of the existing settlements on private and public Arab lands, and transfer of an alien population thereto;
(c) Evacuation, deportation, expulsion, displacement and transfer of Arab inhabitants Of the occupied territories and denial of their right to return;
(d) Confiscation and expropriation of private and public Arab property in the occupied territories and all other transactions for the acquisition of land involving the Israeli authorities, institutions or nationals on the one hand and the inhabitants or institutions of the occupied territories on the other;
(e) Excavations and transformations of the landscape and the historical, cultural and religious sites, especially in Jerusalem;
(f) Destruction and demolition of Arab houses;
(g) Mass arrests, administrative detention and ill-treatment of the Arab population;
(h) Ill-treatment and torture of persons under detention;
(i) Pillaging of archaeological and cultural property;
(j) Interference with religious freedoms and practices as well as family rights and customs;
(k) Interference with the system of education and with the social and economic development of the population in the occupied Palestinian and other Arab territories;
(l) Interference with the freedom of movement of individuals within the occupied Palestinian and other Arab territories;
(m) Illegal exploitation of the natural wealth, resources and population of the occupied territories;
8. Reaffirms that all measure taken by Israel to change the physical character, demographic composition, institutional structure or status of the occupied territories, or any part thereof, including Jerusalem, are null and void, and that Israel's policy of settling parts of its population and new immigrants in the occupied territories constitutes a flagrant violation of the Geneva Convention and of relevant United Nations resolutions;
9. Demands that Israel desist forthwith from the policies and practices referred to in paragraphs 7 and 8 above;
10. Urges the international organizations and specialized agencies, in particular the International Labour Organisation to examine the conditions of the Arab workers in the occupied Palestinian and other Arab territories, including Jerusalem;
11. Reiterates its call upon all States, in particular those States parties to the Geneva Convention, in accordance with article 1 of that Convention, and upon international organizations and the specialized agencies not to recognize any changes carried out by Israel in the occupied territories and to avoid actions, including those in the field of aid, which might be used by Israel in its pursuit of the policies of annexation and colonization or any of the other policies and practices referred to in the present resolution;
12. Requests the Special Committee, pending the early termination of the Israeli occupation, to continue to investigate Israeli policies and practices in the Arab territories occupied by Israel since 1967, to consult, as appropriate, with the International Committee of the Red Cross in order to ensure the safeguarding of the welfare and human rights of the population of the occupied territories and to report to the Secretary-General as soon as possible and whenever the need arises thereafter;
13. Requests the Special Committee to continue to investigate the treatment of civilians in detention in the Arab territories occupied by Israel since 1967;
14. Requests the Secretary-General;
(a) To provide all necessary facilities to the Special Committee, including those required for its visits to the occupied territories, with a view to investigating the Israeli policies and practices referred to in the present resolution,
(b) To continue to make available additional staff as may be necessary to assist the Special Committee in the performance of its tasks,
(c) To ensure the widest circulation of the reports of the Special Committee, and of information regarding its activities and findings, by all means available through the Department of Public Information of the Secretariat and, where necessary, to reprint those reports of the Special Committee which are no longer available,
(d) To report to the General Assembly at its thirty-seventh session on the tasks entrusted to him in the present paragraph,
15. Requests the Security Council to ensure Israel's respect for and compliance with all the provisions of the Geneva Convention relative to the Protection of Civilian Persons in Time of war, of 12 August 1949, in Palestinian and other Arab territories occupied since 1967, including Jerusalem, and to initiate measures to halt Israeli policies and practices in those territories;
16. Decides to include in the provisional agenda of its thirty-seventh session the item entitled "Report of the Special Committee to Investigate Israeli Practices Affecting the Human Rights of the Population of the Occupied Territories".
D
The General Assembly,
Recalling Security Council resolutions 468 (1980) of 8 May 1980, 469 (1980) of 20 May 1980 and 484 (1980) of 19 December 1980,
Deeply concerned at the expulsion by the Israeli military occupation authorities of the Mayors of Hebron and Halhul and of the Sharia Judge of Hebron,
Recalling the Geneva Convention relative to the Protection of Civilian Persons in Time of War of 12 August 1949, and in particular article 1 and the first paragraph of article 49, which read as follows:
"Article 1
"Article 49
Reaffirming the applicability of the Geneva Convention to the Palestinian and other Arab territories occupied by Israel since 1967, including Jerusalem,
1. Demands that the Government of Israel, the occupying Power, rescind the illegal measures taken by the Israeli military occupation authorities in expelling and imprisoning the Mayors of Hebron and Halhul and in expelling the Sharia Judge of Hebron and that it facilitate the immediate return of the expelled Palestinian leaders so that they can resume the functions for which they were elected and appointed;
2. Requests the Secretary-General to report to the General Assembly as soon as possible on the implementation of the present resolution.
E
The General Assembly,
Deeply concerned that the Arab territories occupied since 1967 have been under continued illegal Israeli military occupation,
Recalling its previous resolutions, in particular resolution 3414 (XXX) of 5 December 1975, 31/61 of 9 December 1976, 32/20 of 25 November 1977, 33/28 and 33/29 of 7 December 1978, 34/70 of 6 December 1979 and 35/122 E of 11 December 1980, in which it, inter alia, called upon Israel to put an end to its illegal occupation of the Arab territories and to withdraw from all those territories,
Gravely concerned at reports indicating measures being taken by the Israeli authorities to enact legislation embodying changes in the character and status of the occupied Syrian Arab Golan Heights,
Reaffirming that the acquisition of territory by force is inadmissible under the Charter of the United Nations and that all territories thus occupied by Israel must be returned,
Recalling the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949,
1. Condemns the persistence of Israel in changing the physical character, demographic composition, institutional structure and legal status of the occupied Syrian Arab Golan Heights;
2. Strongly condemns the refusal by Israel, the occupying Power, to comply with the relevant resolutions of the General Assembly and the Security Council;
3. Determines that all legislative and administrative measures and actions taken or to be taken by Israel, the occupying Power, that purport to alter the character and legal status of the Syrian Arab Golan Heights are null and void and constitute a flagrant violation of international law and of the Geneva Convention relative to the Protection of Civilian Persons in Time of War and have no legal effect;
4. Strongly condemns Israel for its attempts and measures to impose forcibly Israeli citizenship and Israeli identity cards on the Syrian citizens in the occupied Syrian Arab Golan Heights and to desist from its repressive measures against the population of the Syrian Arab Golan Heights;
5. Calls upon Member States not to recognize any of the legislative or administrative measures and actions referred to above;
6. Calls upon Israel, the occupying Power, to desist forthwith from enacting such legislative or administrative measures;
7. Requests the Secretary-General to submit a report on the implementation of this resolution to the General Assembly at its thirty-seventh session.
F
The General Assembly,
Bearing in mind the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949,
Deeply shocked by the most recent atrocities committed by Israel, the occupying Power, against educational institutions in the occupied Palestinian territories,
1. Reaffirms the applicability of the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949, to the Palestinian and other Arab territories occupied by Israel since 1967, including Jerusalem;
2. Condemns Israeli policies and practices against Palestinian students and faculty in schools, universities and other educational institutions in the occupied Palestinian territories, especially the policy of opening fire on defenceless students, causing many casualties;
3. Condemns the systematic Israeli campaign of repression against and closing of universities in the occupied Palestinian territories, restricting and impeding academic activities of Palestinian universities by subjecting the selection of courses, textbooks and educational programmes, the admission of students and the appointment of faculty members to the control and supervision of the military occupation authorities, in clear contravention of the Geneva Convention;
4. Demands that Israel, the occupying Power, comply with the provisions of the Geneva Convention and rescind all actions and measures against all educational institutions and ensure the freedom of these institutions, and that it rescind immediately orders for the closure of the universities of Bir Zeit, Bethlehem and Al-Najah and facilitate the resumption of education in the above-mentioned institutions;
5. Requests the Secretary-General to submit a report on the implementation of the present resolution before the end of 1981.
G
The General Assembly,
Recalling Security Council resolution 471 (1980) of 5 June 1980, in which the Council condemned the assassination attempts against the Mayors of Nablus, Ramallah and Al Beireh and called for the immediate apprehension and prosecution of the perpetrators of these crimes,
Recalling once again the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949, and in particular article 27, which states, inter alia,
Reaffirming the applicability of the Geneva Convention to the Arab territories occupied by Israel since 1967, including Jerusalem;
1. Expresses deep concern that Israel, the occupying Power, has failed so far to apprehend and prosecute the perpetrators of the assassination attempts;
2. Demands that Israel, the occupying Power, inform the Secretary-General of the results of the investigations relevant to the assassination attempts;
3. Requests the Secretary-General to submit a report not later than 31 December 1981 on the implementation of the present resolution.
The result of the vote was the following:
– Resolution 36/14 A adopted by 142 in favour, 1 against with 3 abstentions
– Resolution 36/147 B adopted by 142 in favour, 1 against with 3 abstentions
– Resolution 36/147 C adopted by 111 in favour, 2 against with 31 abstentions
– Resolution 36/147 D adopted by 143 in favour, 1 against with 2 abstentions
– Resolution 36/147 E adopted by 141 in favour, 1 against with 3 abstentions
– Resolution 36/147 F adopted by 114 in favour, 2 against with 30 abstentions
– Resolution 36/147 G adopted by 140 in favour, 1 against with 2 abstentions.
Resolution 36/150. Israel's decision to build a canal linking the Mediterranean Sea to the Dead Sea
The General Assembly,
Recalling the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949,
Reaffirming the applicability of the Geneva Convention to all Arab territories occupied by Israel since 1967, including Jerusalem,
Taking into account that the Israeli project to build a canal linking the Mediterranean Sea and the Dead Sea is in violation of the rules of international law, in particular those relating to the fundamental rights and duties of States,
Also taking into account that this project, if completed, will cause direct and irreparable damage to the rights and the legitimate vital interests of Jordan and of the Palestinian people,
Expressing concern that the proposed canal, to be constructed partly through the Palestinian territories occupied since 1967, will violate the principles of international law,
1. Demands that Israel cease forthwith implementation of its project of a canal linking the Mediterranean Sea and the Dead Sea,
2. Requests the Security Council to consider initiating measures to halt the execution of this project,
3. Requests the Secretary-General to prepare and submit to the General Assembly and the Security Council, by 30 June 1982, a study on the Israeli canal and its effects on Jordan and the Palestinian territories occupied since 1967,
4. Calls upon all States not to assist, either directly or indirectly, in the preparation for and the execution of this project and to urge the compliance of national and international corporations to this effect,
5. Decides to include in the provisional agenda of its thirty-seventh session the item entitled "Israel's decision to build a canal linking the Mediterranean Sea to the Dead Sea".
_______________
This resolution was adopted by 139 in favour, 2 against with 4 abstentions.
The General Assembly,
Reaffirming that the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949, is applicable to Palestinian and other Arab territories occupied by Israel since 1967 including Jerusalem,
Recalling its resolutions 2253 (ES-V) of 4 July 1967, 2254 (ES-V) of 14 July 1967, 3092 (XXVIII) of 7 December 1973, 3240 B (XXIX) of 29 November 1974, 3525 B (XXX) of 15 December 1975, 31/106 B of 16 December 1976, 32/91 A of 13 December 1977, 33/113 A of 18 December 1978, 34/90 B of 12 December 1979 and 35/122 of 11 December 1980,
Recalling Security Council resolutions 252 (1968) of 21 May 1968, 267 (1969) of 3 July 1969, 271 (1969) of 15 September 1969, 465 (1980) of 1 March 1980, 476 (1980) of 30 June 1980 and 478 (1980) of 20 August 1980,
Bearing in mind the need to protect and preserve the unique spiritual and religious character and dimensions of the Holy City of Jerusalem,
Expressing its very grave concern that Israel, as the occupying Power, persists in excavating and transforming the historical, cultural and religious sites of Jerusalem,
Noting with alarm that the excavations and transformations in progress seriously endanger the historical, cultural and religious sites of Jerusalem as well as its over-all configuration and that these sites have never been as endangered as they are today,
Noting with satisfaction and approval the decision of the World Heritage Committee of the United Nations Educational, Scientific and Cultural Organization to include the Old City of Jerusalem and its walls on the World Heritage List,
Noting with appreciation the recommendation of the Executive Board of the United Nations Educational, Scientific and Cultural Organization during its one hundred and thirteenth session that the World Heritage Committee should speed up the procedure for including the Old City of Jerusalem and its walls in the List of World Heritage in Danger,
1. Determines that the excavations and transformations of the landscape and of the historical, cultural and religious sites of Jerusalem constitute a flagrant violation of the principles of international law and the relevant provisions of the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949;
2. Decides that such violations by Israel constitute a serious obstruction to achieving a comprehensive and just peace in the Middle East as well as a threat to international peace and security;
3. Demands that Israel desist forthwith from all excavations and transformations of the historical, cultural and religious sites of Jerusalem, particularly beneath and around the Moslem Holy Sanctuary of Al-Haram Al-Sharif (Al Masjid Al Aqsa and the Sacred Dome of the Rock), the structures of which are in danger of collapse;
4. Requests the Security Council to consider this situation in case Israel fails to comply immediately with the present resolution;
5. Requests the Secretary-General to report to the General Assembly and the Security Council no later than 23 November 1981, on the implementation of the present resolution.
________________
This resolution was adopted by 114 in favour, 2 against with 22 abstentions.
4. Resolutions relating to Palestinian rights considered by the Second Committee
Resolution 36/70. Assistance to the Palestinian people
The General Assembly,
Recalling its resolutions 33/147 of 20 December 1978, 34/133 of 14 December 1979 and 35/111 of 5 December 1980,
Recalling also its resolutions 3236 (XXIX) and 3237 (XXIX) of 22 November 1971,
Noting Economic and Social Council decision 1981/171 of 22 July 1981 and recalling the relevant resolutions of the Council,
Taking note with satisfaction of the report of the Secretary-General on assistance to the Palestinian people,
Taking note also of the report of the Governing Council of the United Nations Development Programme on its twenty-eighth session,
1. Notes with satisfaction the action taken by the Administrator and the Governing Council of the United Nations Development Programme in response to the relevant resolutions of the General Assembly;
2. Urges the relevant agencies, organizations, organs and programmes of the United Nations system to take the necessary steps, in consultation and co-operation with the Palestine Liberation Organization, the representative of the Palestinian people, for the full implementation of resolutions of the General Assembly and the Economic and Social Council on assistance to the Palestinian people;
3. Strongly urges all parties concerned to facilitate the full implementation of all the projects approved by the Governing Council of the United Nations Development Programme at its twenty-sixth session;
4. Requests the United Nations Development Programme to undertake direct execution of The projects in the occupied Palestinian territories, including Jerusalem, in co-ordination with the relevant local Palestinian organizations and bodies;
5. Also requests that United Nations assistance to the Palestinian people in the Arab host countries should be rendered through the specialized agencies, programmes, organs and other bodies of the United Nations system in consultation with the parties concerned and in accordance with the relevant resolutions of the General Assembly and the Economic and Social Councils;
6. Requests the Secretary-General to report to the General Assembly at its thirty-seventh session, through the Economic and Social Council, on the progress made in the implementation of the present resolution.
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This resolution was adopted by 99 in favour, 2 against with 18 abstentions.
Resolution 36/73. Living conditions of the Palestinian People
The General Assembly,
Recalling the Vancouver Declaration on Human Settlements, 1976, and the relevant recommendations for national action adopted by Habitat United Nations Conference on Human Settlements,
Recalling also resolution 3, entitled "Living conditions of the Palestinians in the occupied territories", contained in the recommendations for international co-operation adopted by Habitat: United Nations Conference on Human Settlements, and Economic and Social Council resolutions 2026 (LXI) of 4 August 1976 and 2100 (LXIII) of 3 August 1977,
Recalling further its resolutions 3236 (XXIX) and 3237 (XXIX) of 22 November 1974, 31/110 of 16 December 1976, 32/171 of 19 December 1977, 33/110 of 18 December 1978, 34/113 of 14 December 1979 and 35/75 of December 1980,
1. Takes note of the report of the Secretary-General on the living conditions of the Palestinian people;
2. Denounces Israel for refusing to allow the Group of Experts on the Social and Economic Impact of the Israeli Occupation on the Living Conditions of the Palestinian People in the Occupied Arab Territories to visit the Palestinian territories occupied by Israel;
3. Condemns Israel for the deteriorating living conditions of the Palestinian people in the occupied Palestinian territories;
4. Affirms that the elimination of the Israeli occupation is a prerequisite for the social and economic development of the Palestinian people in the occupied Palestinian territories;
5. Recognizes the need for a comprehensive report on the deterioration of the social and economic conditions of the Palestinian people in the occupied Palestinian territories;
6. Requests the Secretary-General to prepare a comprehensive and analytical report on the deteriorating living conditions of the Palestinian people in the occupied Palestinian territories and to submit it to the General Assembly at its thirty-seventh session, through the Economic and Social Council;
7. Also requests the Secretary-General, in preparing the above-mentioned report, to consult and co-operate with the Palestine Liberation Organization, the representative of the Palestinian people.
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This resolution was adopted by 109 in favour, 2 against with 25 abstentions.
5. Resolution relating to Palestinian rights considered by the Third Committee
The General Assembly,
Recalling its resolutions 2649 (XXV) of 30 November 1970, 2955 (XXVII) of 12 December 1972, 3070 (XXVIII) of 30 November 1973, 3246 (XXIX) of 29 November 1974, 3382 (XXX) of 10 November 1975, 33/24 of 29 November 1978, 34/M of 23 November 1979 and 35/35 of 14 November 1980, and Security Council resolutions 418 (1977) of 4 November 1977 and 437 (1978) of 10 October 1978,
Recalling also its resolutions 2465 (XXIII) of 20 December 1968, 2548 (XXIV) of 11 December 1969, 2708 (XXV) of 14 December 1970, 3103 (XXVIII) of 12 December 1973 and 3314 (XXIX) of 14 December 1974 concerning the use and recruitment of mercenaries against national liberation movements and sovereign States,
Recalling further its relevant resolutions on the question of Palestine, in particular resolutions 3236 (XXIX) and 3237 (XXIX) of 22 November 1971, 34/65 A to D of 29 November and 12 December 1979 and 35/13 A to P of 3 November 1980,
Recalling also the eighth emergency special session of the General Assembly on the question of Namibia and its resolution ES-8/2 of 14 September 1981,
Recalling the resolutions on Namibia adopted by the Council of Ministers of the Organization of African Unity at its thirty-seventh ordinary session, held at Nairobi from 16 to 26 June 1981, particularly resolutions CM/Res.855 (XXXVII) and CM/Res.865 (XXXVII),
Deeply concerned at the continued terrorist acts of aggression committed by the racist Pretoria regime against the peoples of Angola, Mozambique, Zambia and other neighbouring States,
Taking note of the Political Declaration adopted by the First Conference of Heads of State and Government of the Organization of African Unity and the League of Arab States, held at Cairo from 7 to 9 March 1977,
Considering that the denial of the inalienable rights of the Palestinian people to self-determination, sovereignty, independence and return to Palestine and the repeated acts of aggression by Israel against the peoples of the region constitute a serious threat to international peace and security,
Reaffirming its faith in the importance of the implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples, contained in General Assembly resolution 1514 (XV) of 14 December 1960,
Reaffirming the importance of the universal realization of the right of peoples to self-determination, national sovereignty and territorial integrity and of the speedy granting of independence to colonial countries and peoples as imperatives for the full enjoyment of all human rights,
Reaffirming that "bantustanization" is incompatible with genuine independence, national unity and sovereignty and has the effect of perpetuating the power of the white minority and the racist system of apartheid in South Africa,
Reaffirming the obligation of all Member States to comply with the principles of the Charter of the United Nations and the resolutions of the United Nations regarding the exercise of the right to self-determination by peoples under colonial and alien domination,
Reaffirming also that the system of apartheid imposed on the South African people constitutes an inadmissible violation of the rights of that people and a constant threat to international peace and security,
Welcoming the independence of Belize,
Reaffirming the national unity and territorial integrity of the Comoros,
Gravely concerned at the continuation of the illegal occupation of Namibia by South Africa and the continued violations of the human rights of the peoples still under colonial and foreign domination and alien subjugation,
1. Calls upon all States to implement fully and faithfully the resolutions of the United Nations regarding the exercise of the right to self-determination by peoples under colonial and alien domination;
2. Reaffirms the legitimacy of the struggle of peoples for independence, territorial integrity, national unity and liberation from colonial and foreign domination and foreign occupation by all available means, including armed struggle;
3. Reaffirms the inalienable right of the Namibian people, of the Palestinian people and of all peoples under alien and colonial domination to self-determination, national independence, territorial integrity, national unity and sovereignty without external interference;
4. Takes note with satisfaction of resolution AHG/Res.103 (XVIII) adopted by the Assembly of Heads of State and Government of the Organization of African Unity at its eighteenth ordinary session, held at Nairobi from 26 to 27 June 1981, and the decision of its Implementation Committee to organize and conduct a general and free referendum on self-determination in Western Sahara;
5. Takes note of the contacts made by the Government of the Comoros and the Government of France in the search for a Just solution to the integration of the Comorian island of Mayotte into the Comoros in accordance with the resolutions of the Organization of African Unity and the United Nations on this question:
6. Condemns the policy of "bantustanization" and reiterates its support for the oppressed people of South Africa in their Just and legitimate struggle against the racist minority regime in Pretoria;
7. Further condemns South Africa for its increased oppression of the Namibian people, for the massive militarization of Namibia and for its armed attacks on the front-line States with the aim of destabilizing their Governments;
8. Also condemns strongly the recent invasion and occupation of part of the territory of Angola by troops of the racist Pretoria regime;
9. Reaffirms that the practice of using mercenaries against national liberation movements and sovereign States constitutes a criminal act and that the mercenaries themselves are criminals, and calls upon the Government of all countries to enact legislation declaring the recruitment, financing and training of mercenaries in their territories, and the transit of mercenaries through their territories, to be punishable offences, and prohibiting their nationals from serving as mercenaries, and to report on such legislation to the Secretary-General;
10. Strongly condemns the continued violations of the human rights of the peoples still under colonial and foreign domination and alien subjugation, the continuation of the illegal occupation of Namibia, and South Africa's attempts to dismember its territory, the perpetuation of the racist minority regime in southern Africa and the denial to the Palestinian people of their inalienable national rights;
11. Also condemns the policies of those members of the North Atlantic Treaty Organization and of other countries whose political, economic, military, nuclear, strategic, cultural and sporting relations with the racist minority regime in South Africa encourage that regime to persist in its suppression of the aspirations of peoples for self-determination and independence,
12. Again demands the immediate application of the mandatory arms embargo against South Africa, imposed under Security Council resolution 418 (1977), by all countries, particularly by those countries that maintain military and nuclear co-operation with the racist Pretoria regime and continue to supply related materiel to that regime;
13. Takes note with satisfaction of the Paris Declaration on Sanctions against South Africa, the Special Declaration on Namibia and the reports of the technical and political committees adopted by the International Conference on Sanctions against South Africa, held in Paris from 20 to 27 May 1981; 4/
14. Demands the immediate implementation of General Assembly resolution ES-8/2 of 14 September 1981, on Namibia;
15. Further calls for a maximization of all forms of assistance given by all States, United Nations organs, specialized agencies and non-governmental organizations to the victims of racism, racial discrimination and apartheid through their national liberation movements recognized by the Organization of African Unity;
16. Strongly condemns all Governments which do not recognize the right to self-determination and independence of all peoples still under colonial and foreign domination and alien subjugation, notably the peoples of Africa and the Palestinian people;
17. Strongly condemns the ever-increasing massacres of innocent and defenceless people, including women and children, by the racist minority Pretoria regime in its desperate attempt to thwart the legitimate demands of the people;
18. Strongly condemns the expansionist activities of Israel in the Middle East and the continuous bombing of Palestinian civilians, which constitute a serious obstacle to the realization of the self-determination and independence of the Palestinian people;
19. Strongly condemns the Israeli aggression against Lebanon and the continuous bombardment and destruction of its cities and villages, and all acts that constitute a violation of its sovereignty, independence and territorial integrity, and the security of its people, and hinder the full implementation of Security Council resolution 425 (1978) of 19 March 1978;
20. Urges all States, competent organizations of the United Nations system, specialized agencies and other international organizations to extend their support to the Palestinian people through its representative, the Palestine Liberation Organization, in its struggle to restore its right to self-determination and independence in accordance with the Charter of the United Nations;
21. Demands the immediate and unconditional release of all persons detained or imprisoned as a result of their struggle for self-determination and independence, full respect for their fundamental individual rights and the observance of article 5 of the Universal Declaration of Human Rights, is under which no one shall be subjected to torture or to cruel, inhuman or degrading treatment;
22. Demands the immediate release of children detained in Namibian and South African prisons;
23. Reiterates its appreciation of the material and other forms of assistance that peoples under colonial and foreign rule continue to receive from Governments, United Nations agencies and intergovernmental organizations, and calls for a maximization of this assistance;
24. Urges all States, specialized agencies and competent organizations of the United Nations system to do their utmost to ensure the full implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples and to intensify their efforts to support peoples under colonial, foreign and racist domination in their Just struggle for self-determination and independence;
25. Requests the Secretary-General to give maximum publicity to the Declaration on the Granting of Independence to Colonial Countries and Peoples and to give the widest possible publicity to the struggle being waged by oppressed peoples for the realization of their self-determination and national independence;
26. Decides to consider this item again at its thirty-seventh session on the basis of the reports that Governments, United Nations agencies and intergovernmental and non-governmental organizations have been requested to submit concerning the strengthening of assistance to colonial territories and peoples.
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Document Type: Bulletin, Monthly Bulletin, Publication
Document Sources: Committee on the Exercise of the Inalienable Rights of the Palestinian People (CEIRPP), Division for Palestinian Rights (DPR), Special Unit on Palestinian Rights (SUPR) (See also - CEIRPP > DPR)
Subject: Palestine question
Publication Date: 31/12/1981