YEARBOOK OF THE UNITED NATIONS
1990
VOLUME 44
Department of Public Information
United Nations, New York
…
Chapter IV
Middle East
During 1990, the United Nations continued its efforts to support the search for a peaceful settlement to the situation in the Middle East, which remained a serious threat to international peace and security. In December, the General Assembly reaffirmed the imperative necessity of establishing a comprehensive, just and lasting peace in the region, based on full respect for the Charter of the United Nations and the principles of international law. It also reaffirmed its call for convening an international peace conference on the Middle East.
The Security Council in 1990 met on numerous occasions to discuss developments in the Middle East, particularly in the occupied territories. In October, after a violent incident at the Haram al-Sharif (Al-Aqsa) Mosque, resulting in more than 20 Palestinian deaths and the injury of more than 150 persons, the Council welcomed the decision of the Secretary-General to send a mission to the region to look into the circumstances surrounding those events. Israel's subsequent refusal to accept the mission was deplored by the Council.
The Committee on the Exercise of the Inalienable Rights of the Palestinian People (Committee on Palestinian Rights) continued to keep under review the question of Palestine—reaffirmed by the General Assembly as the core of the Middle East problem—and to exert all efforts to promote the implementation of its recommendations. In its 1990 report, the Committee concluded that, in the 15 years since its establishment, an international consensus had gradually been achieved on the essential principles for a solution of the question and that developments since the beginning of the intifadah, the Palestinian uprising, had led to an even wider consensus.
The Special Committee to Investigate Israeli Practices Affecting the Human Rights of the Palestinian People and Other Arabs of the Occupied Territories (Committee on Israeli Practices) in 1990 reported a further escalation of tension in the occupied territories, which, in its opinion, had reached a very dangerous level.
Economic and social developments in the occupied territories were monitored by the Economic and Social Council, which in 1990 adopted resolutions on the situation of Palestinian women, Israeli economic practices in the occupied territories, and assistance to the Palestinian people.
Various UN organizations and agencies continued to provide assistance to Palestinians in 1990, notably the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA), which provided education, health and relief services to 2.4 million Palestinian refugees in Jordan, the Syrian Arab Republic, the West Bank and the Gaza Strip.
During 1990, the Council extended the mandates of the United Nations Interim Force in Lebanon (UNIFIL), the United Nations Disengagement Observer Force (UNDOF), and the United Nations Truce Supervision Organization (UNTSO).
On 17 September, by decision 44/470, the General Assembly included in the draft agenda of its forty-fifth session the item "Armed Israeli aggression against the Iraqi nuclear installations and its grave consequences for the established international system concerning the peaceful uses I of nuclear energy, the non-proliferation of nuclear weapons and international peace and security". By decision 45/430 of 14 December, the Assembly deferred the item to a later date during a the forty-fifth session, and included it in the provisional agenda of its forty-sixth session. The 1 subject had been on its agenda since 1981, following the bombing by Israel of a nuclear facility near Baghdad [YUN 1981, p. 275].
Overall situation
In his annual report on the work of the Organization [A/45/1], the Secretary-General stated that the Middle East as a whole continued to be the most explosive region of the world and that long-standing grievances, which had festered for years, had been aggravated by an escalating arms race throughout the area. Lasting peace would come to the Middle East only when the principles of international law governed the relations between States, when disputes were resolved through peaceful means, the aspirations of those deprived of their rights had been fulfilled, and regional security and economic arrangement which took into account the concerns of all the parties in the area—had been established.
The Secretary-General noted with disappointment that an impasse had been reached in the effort to promote a dialogue between Israelis and Palestinians, and the situation in the occupied territories, where the intifadah soon entered its fourth year, remained bleak, with little hope of early progress. In addition to efforts to promote a dialogue, the Security Council could make an important commitment to resolutions 242(1967) [YUN 1967, p. 257] and 338(1973) [YUN 1973, p. 213] which, in the Secretary-General's view, together with the legitimate political rights of the Palestinian people, including self-determination, could constitute the basis of a just and lasting peace in the area.
In December, the General Assembly expressed its grave concern that the Palestinian and other occupied Arab territories still remained under Israeli occupation, that the relevant resolutions of the United Nations had not been implemented and that the Palestinian people was still denied the restoration of its land and the exercise of its inalienable national rights in conformity with international law. The Assembly also reaffirmed its conviction that the question of Palestine was the core of the conflict in the Middle East and that no comprehensive, just and lasting peace in the region would be achieved without the full exercise by the Palestinian people of its; inalienable national rights and the immediate, unconditional and total withdrawal of Israel from the occupied Palestinian and other Arab territories.
During the year, the Security Council met on numerous occasions to discuss the situation in the Middle East and in the occupied Arab territories. In October, the Council adopted resolution 672(1990), by which it expressed alarm at the violence that took place at the Haram al-Sharif and other Holy Places of Jerusalem resulting in over 20 Palestinian deaths and the injury of more than 150 people. By resolution 673(1990), the Council deplored Israel's refusal to receive the mission of the Secretary-General to the region and urged it to reconsider its decision. In December, the Council adopted resolution 681(1990) expressing grave concern over the rejection by Israel of its two October resolutions and deploring Israel's decision to resume the deportation of Palestinian civilians in the occupied territories. In a Presidential statement prior to the vote, the members of the Council reaffirmed their determination to support an active negotiating process in which all relevant parties would participate, and which should take into account the right to security of all States in the region, including Israel, and the legitimate political rights of the Palestinians.
Reports of Secretary-General. In pursuance of General Assembly resolution 44/40 A [YUN 1989, p. 150], the Secretary-General presented on 26 November a comprehensive report [A/45/726-S/21947] covering the developments in the Middle East in all their aspects. The report addressed such issues as UN Peace-keeping activities, the situation in the occupied territories, the Palestine refugee problem, the question of Palestine and the situation in the Middle East.
In his report, the Secretary-General observed that the prospects for progress in the Arab-Israeli peace process appeared regrettably to have stalled and efforts to achieve an Israeli-Palestinian dialogue had reached an impasse in the early months of 1990. Since then, the situation in the occupied territories had worsened, causing the Security Council to focus increasingly on the question of safety and protection of the Palestinian civilians residing there. He, however, pointed out that the implementation of steps by the international community to ensure the Palestinians' safety and protection would not alone bring an end to the conflict between Israelis and Palestinians, which, he said, was essentially political in nature and was central to the broader Arab-Israeli dispute with its many complex and interrelated issues.
Underlining the unanimity within the Security Council that efforts must be continued on an urgent basis to achieve a comprehensive, just and lasting settlement of the situation in the Middle East, particularly a solution of the Palestinian problem in all its aspects, the Secretary-General believed that such a settlement could best be achieved through a negotiating process that involved all the parties concerned.
Under the agenda item on the Middle East situation, the Secretary-General submitted to the Assembly two further reports. A 15 October report [A/45/595] contained replies from two Member States—Senegal and the Syrian Arab Republic to his request for information on steps taken or envisaged concerning implementation of the provisions of Assembly resolutions 44/40 B and C [YUN 1989, pp. 223 & 199], which dealt, respectively, with Israeli policies in the Syrian territory occupied by Israel and the transfer by some States of their diplomatic missions to Jerusalem. The Assembly, by those two resolutions, had called on States to adopt a number of measures concerning their relations with Israel and on the States concerned to abide by the relevant Assembly resolutions
In a report of 12 November [A/45/709-S/21929] dealing mainly with the proposed convening of an international peace conference on the Middle East (see below), the Secretary-General noted a sense of urgency among the international community to achieve a just and comprehensive settlement of the Arab-Israeli conflict, underscored also by the members of the Security Council who remained deeply preoccupied by the lack of progress in achieving peace in the Middle East and by the increasingly serious situation facing the occupied territories and their inhabitants. He shared the Council's view that a prolonged delay in settling the Middle East problem posed a grave threat to peace and security in the region as well as the world, a situation aggravated by the high level of armaments in many Middle Eastern countries.
The Secretary-General felt encouraged by the unanimity within the Council that efforts must urgently continue to achieve a comprehensive settlement, particularly a solution of the Palestinian problem in all its aspects. He believed that a negotiating process would be effective only if it involved all the parties concerned, including the Palestine Liberation Organization (PLO), and aimed at just and lasting settlement of the Arab-Israeli conflict based on Council resolutions 242(1967) and 338(1973) and the legitimate political rights of the Palestinian people, including self-determination.
GENERAL ASSEMBLY ACTION
On 13 December 1990, the General Assembly adopted resolution 45/83 A.
The General Assembly,
Having discussed the item entitled "The situation in the Middle East",
Reaffirming its resolutions 36/226 A and B of 17 December 1981, ES-9/1 of 5 February 1982, 37/123 of 20 December 1982, 38/58 A to E of 13 December 1983, 38/180 A to D of 19 December 1983, 39/146 A to C of 14 December 1984,40/168 A to C of 16 December 1985, 41/162 A to C of 4 December 1986, 42/209 A to D of 11 December 1987, 43/54 A to C of 6 December 1988 and 44/40 A to C of 4 December 1989,
Recalling Security Council resolutions 425(.1978) of 19 March 1978, 497(1981) of 17 December 1981, 508(1982) of 5 June 1982, 509(1982) of 6 June 1982, 659(1990) of 31 July 1990, and other relevant resolutions,
Taking note of the reports of the Secretary-General of 15 October 1990, 12 November 1990 and 26 November 1990,
Reaffirming the need for continued collective support for the decisions adopted by the Twelfth Arab Summit Conference, held at Fez, Morocco, on 25 November 1981 and from 6 to 9 September 1982, which were confirmed by subsequent Arab summit conferences, including the Extraordinary Arab Summit Conference held at Casablanca, Morocco, from 23 to 26 May 1989,
Reiterating its previous resolutions on the question of Palestine and its support for the Palestine Liberation Organization as the sole legitimate representative of the Palestinian people,
Considering that the convening of the International Peace Conference on the Middle East, under the auspices of the United Nations, in accordance with Gen. General Assembly resolution 44/42 of 6 December 1989 and other resolutions related to the question of Palestine, would contribute to the promotion of peace in the region,"
Welcoming all efforts contributing towards the realization of the inalienable rights of the Palestinian people through the achievement of a comprehensive, just and lasting peace in the Middle East, in accordance with the United Nations resolutions relating to the question of Palestine and to the situation in the Middle East,
Welcoming also the world-wide support extended to the just cause of the Palestinian people and the other Arab countries in their struggle against Israeli aggression and occupation in order to achieve a comprehensive, just and lasting peace in the Middle East and the full exercise by the Palestinian people of its inalienable national rights, as affirmed by previous resolutions of 3 the General Assembly on the question of Palestine and on the situation in the Middle East,
Gravely concerned that the Palestinian territory occupied since 1967, including Jerusalem, and the other occupied Arab territories still remain under Israeli occupation, that the relevant resolutions of the United Nations have not been implemented and that the Palestinian people is still denied the restoration of its land and the exercise of its inalienable national rights in conformity with international law, as reaffirmed by resolutions of the United Nations,
Reaffirming the applicability of the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949, to the Palestinian territory occupied since 1967, including Jerusalem, and the other occupied Arab territories,
Reaffirming also all relevant United Nations resolutions which stipulate that the acquisition of territory by force is inadmissible under the Charter of the United Nations and the principles of international law and that Israel must withdraw unconditionally from the Palestinian territory occupied since 1967, including Jerusalem, and the other occupied Arab territories,
Reaffirming further the imperative necessity of establishing a comprehensive, just and lasting peace in the region, based on full respect for the Charter and the principles of international law,
Gravely concerned also at the continuing Israeli policies involving the escalation and expansion of the conflict in the region, which further violate the principles of international law and endanger international peace and security,
Stressing once again the great importance of the time factor in the endeavours to achieve an early comprehensive, just and lasting peace in the Middle East,
1. Reaffirms its conviction that the question of Palestine is the core of the conflict in the Middle East and that no comprehensive, just and lasting peace in the region will be achieved without the full exercise by the Palestinian people of its inalienable national rights and the immediate, unconditional and total withdrawal of Israel from the Palestinian territory occupied since 1967, including Jerusalem, and the other occupied Arab territories;
2. Reaffirms that a just and comprehensive settlement of the situation in the Middle East cannot be achieved without the participation on an equal footing of all the parties to the conflict, including the Palestine Liberation Organization, the representative of the Palestinian people;
3. Declares once more that peace in the Middle East is indivisible and must be based on a comprehensive, just and lasting solution of the Middle East problem, under the auspices of the United Nations and on the basis of its relevant resolutions, which ensures the complete and unconditional withdrawal of Israel from the Palestinian territory occupied since 1967, including Jerusalem, and the other occupied Arab territories, and which enables the Palestinian people, under the leadership of the Palestine Liberation Organization, to exercise its inalienable rights, including the right to return and the right to self-determination, national independence and the establishment of its independent sovereign State in Palestine, in accordance with the resolutions of the United Nations relating to the question of Palestine, in particular General Assembly resolutions ES-7/2 of 29 July 1980. 36/120 A to F of 10 December 1981, 37/86 A to D of 10 December 1982, 37/86 E of 20 December 1982, 38/58 A to E of 13 December 1983, 39/49 A to D of 11 December 1984, ' 40/96 A to D of 12 December 1985, 41/43 A to D of 2 December 1986, 42/66 A to D of 2 December 1987, 43/54 A to C of 6 December 1988, and 43/175 A to C, 43/176, 43/177 of 15 December 1988 and 44/42;
4. Considers the Arab peace plan adopted unanimously at the Twelfth Arab Summit Conference, held at Fez, Morocco, on 25 November 1981 and from 6 to 9 September 1982, which was confirmed by subsequent Arab summit conferences, including the Extraordinary Arab Summit Conference held at Casablanca, Morocco, from 23 to 26 May 1989, as well as relevant efforts and action to implement the Fez plan, as an important contribution towards the realization of the inalienable rights of the Palestinian people through the achievement of a comprehensive, just and lasting peace in the Middle East;
5. Condemns Israel's continued occupation of the Palestinian territory occupied since 1967, including Jerusalem, and the other occupied Arab territories, in violation of the Charter of the United Nations, the principles of international law and the relevant resolutions of the United Nations, and demands the immediate, unconditional and total withdrawal of Israel from all the territories occupied since 1967;
6. Rejects all agreements and arrangements which violate the inalienable rights of the Palestinian people and contradict the principles of a just and comprehensive resolution to the Middle East problem to ensure the establishment of a just peace in the area;
7.Deplores Israel's failure to comply with Security Council resolutions 476(1980) of 30 June 1980 and 478(1980) of 20 August 1980 and General Assembly resolutions 35/207 of 16 December 1980 and 36/226 A & B of 17 December 1981; determines that Israel's decision to annex Jerusalem and to declare it as its "capital" as well as the measures to alter its physical character demographic composition, institutional structure and status are null and void and demands that they be rescinded immediately; and calls upon all Member States, the specialized agencies and all other international organizations to abide by the present resolution and all other relevant resolutions and decisions;
8. Condemns Israel's aggression, policies and practices against the Palestinian people in the occupied Palestinian territory and outside this territory, including expropriation, establishment of settlements, annexation and other terrorist, aggressive and repressive measures, which are in violation of the Charter and the principles of international law and the relevant international conventions;
9. Strongly condemns the imposition by Israel of its laws, jurisdiction and administration on the occupied Syrian Arab Golan, its annexationist policies and practices, the establishment of settlements, the confiscation of lands, the diversion of water resources and the imposition of Israeli citizenship on Syrian nationals, and declares that all these measures are null and void and constitute a violation of the rules and principles of international law relative to belligerent occupation, in particular the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949;
10. Considers that the agreements on strategic cooperation between the United States of America and Israel, signed on 30 November 1981, and the continued supply of modern arms and materiel to Israel, augmented by substantial economic aid, including the Agreement on the Establishment of a Free Trade Area between the two Governments, have encouraged Israel to pursue its aggressive and expansionist policies and practices in the Palestinian territory occupied since 1967, including Jerusalem, and the other occupied Arab territories, and have had adverse effects on efforts for the establishment of a comprehensive, just and lasting peace in the Middle East and pose a threat to the security of the region;
11. Calls once more upon all States to put an end to the flow to Israel of any military, economic, financial and technological aid, as well as of human resources, aimed at encouraging it to pursue its aggressive policies against the Arab countries and the Palestinian people;
12. Strongly condemns the continuing and increasing collaboration between Israel and the racist regime of South Africa, especially in the economic, military and nuclear fields, which constitutes a hostile act against the African and Arab States and enables Israel to enhance its nuclear capabilities, thus subjecting the States of the region to nuclear blackmail;
13. Reaffirms its call for convening the International Peace Conference on the Middle East, under the auspices of the United Nations, with the participation of the five permanent members of the Security Council and all parties to the conflict, including the Palestine Liberation Organization, the sole legitimate representative of the Palestinian people, on an equal footing, and that the Conference should be effective with full authority, in order to achieve a comprehensive and just solution based on the withdrawal of Israel from the occupied Palestinian territory, including Jerusalem, and the other occupied Arab territories, and the attainment of the inalienable rights of the Palestinian people in accordance with the United Nations resolutions relevant to the question of Palestine and the situation in the Middle East;
14. Endorses the call for setting up a preparatory committee, within the framework of the Security Council, with the participation of the permanent members of the Council, to take the necessary action to convene the Conference;
15. Requests the Secretary-General to report to the Security Council periodically on the development of the situation and to submit to the General Assembly at its forty-sixth session a comprehensive report covering the developments in the Middle East in all their aspects.
General Assembly resolution 45/83 A 13 December 1990
Meeting 67 99-19-32 (recorded vote)
12-nation draft (A/45/L.35); agenda item 35.
Meeting numbers. GA 45th session: plenary 60-63, 67.
Recorded vote in Assembly as follows:
In favour: Afghanistan, Albania, Algeria, Argentina, Bahrain, Bangladesh, Belize, Benin, Bhutan, Bolivia, Botswana, Brazil, Brunei Darussalam, Burkina Faso, Burundi, Byelorussian SSR, Cameroon, Cape Verde, Chad, Chile, China, Colombia, Comoros, Cuba, Cyprus, Djibouti, Ecuador, Egypt, El Salvador, Ethiopia, Gabon, Gambia, Ghana, Guatemala, Guinea, Guinea-Bissau, Guyana, Honduras, India, Indonesia, Iran, Iraq, Jordan, Kenya, Kuwait, Lao People's Democratic Republic, Lebanon, Lesotho, Libyan Arab Jamahiriya, Madagascar, Malaysia, Maldives, Mali, Mauritania, Mauritius, Mexico, Mongolia, Morocco, Mozambique, Myanmar, Namibia, Nepal, Nicaragua, Niger, Nigeria, Oman, Pakistan, Peru, Philippines, Qatar, Rwanda, Saudi Arabia, Senegal, Seychelles, Sierra Leone, Singapore, Somalia, Sri Lanka, Sudan, Suriname, Swaziland, Syrian Arab Republic, Thailand, Togo, Trinidad and Tobago, Tunisia, Turkey, Uganda, Ukrainian SSR, USSR, United Arab Emirates, United Republic of Tanzania, Vanuatu, Venezuela, Viet Nam, Yemen, Yugoslavia, Zambia, Zimbabwe.
Against: Australia, Belgium, Canada, Costa Rica, Denmark, France, Germany, Iceland, Ireland, Israel, Italy, Luxembourg, Netherlands, New Zealand, Norway, Poland, Portugal, United Kingdom, United States.
Abstaining: Antigua and Barbuda, Austria, Bahamas, Barbados, Bulgaria, Central African Republic, Congo, Cote d'Ivoire, Czechoslovakia, Dominica, Dominican Republic, Fiji, Finland. Greece, Haiti, Hungary, Jamaica, Japan, Liechtenstein, Malawi, Malta, Papua New Guinea,* Paraguay, Romania, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Samoa, Solomon Islands, Spain, Sweden, Uruguay.
*Later advised the Secretariat it had intended to vote in favour.
Proposed peace conference
As requested by General Assembly resolution 44/42 [YUN 1989, p. 197], the Secretary-General continued his efforts in 1990 with the parties concerned, and in consultation with the Security Council, to facilitate the convening of an international peace conference on the Middle East. On 12 November, he submitted to the Assembly a progress report [A/45/709-S/21929] setting out the results of the Security Council President's consultations with the Council members and positions of concerned parties, as well as his own observations.
The Council President stated that the Council members remained deeply preoccupied by the lack of progress in achieving peace in the Middle East and by the increasingly serious situation facing the occupied territories and their inhabitants, and they were convinced chat efforts must continue on an urgent basis to achieve a comprehensive, just and lasting settlement of the Middle East situation, particularly a solution to the Palestinian problem in all its aspects. In that regard , several members underlined the necessity to step up efforts to convene an international peace con "I conference on the Middle East under the aegis of the " United Nations and requested the Secretary-General to pursue his efforts and consultations in that regard.
Several members indicated that the Council should begin urgent consideration of the Middle East situation with a view to reaching early agreement, in particular on the establishment of a preparatory committee for a conference. Others felt that the parties directly concerned must reach agreement on the exact form of a conference which should not prejudge the outcome of the negotiations. Another said the proposal failed to address the centrality of direct negotiations. Egypt Jordan, Lebanon, the Syrian Arab Republic and PLO supported the conference's convening.
Israel continued to advocate direct negotiations as the most promising framework to advance the Middle East peace process.
The Secretary-General observed that sufficient agreement did not exist, either within the Security Council or among the parties to the conflict, to permit the convening of an international Middle East peace conference. He expressed his deep concern at the absence of any diplomatic process aimed at overcoming the obstacles to an effective negotiating process, and shared the view of the Security Council that a prolonged delay in the settlement of the Middle East problem posed a grave threat to peace and security in the region as well as the world. While there was a willingness of the parties to achieve a settlement throughout negotiations, there were divergent views as to the framework of such negotiations and the context within which they should take place; in that connection, the parties' positions with respect to an international conference had evolved in recent years. Concluding, the Secretary-General reiterated the need to revive efforts aimed at ensuring a just and lasting settlement of the conflict.
In its 1990 annual report to the General Assembly [A/45/35 &: Corr.l], the Committee on Palestinian Rights expressed deep regret over the decision of the United States to suspend its dialogue with PLO, as such dialogue was a positive step which could lead to the removal of obstacles to the convening of an international peace conference on the Middle East. The Committee called on those States that had thus far prevented the implementation of resolution 44/42 to reconsider their position and to join the international consensus. The Committee expressed its support for every effort by the permanent members of the Security Council to bring the position of the parties to the conflict closer to each other, to create a climate of confidence between them, and to facilitate in that way the convening and successful outcome of an international peace conference.
GENERAL ASSEMBLY ACTION
On 6 December, the General Assembly adopted resolution 45/68.
The General Assembly,
Having considered the report of the Secretary-General of 12 November 1990,
Having heard the statement made on 3 December 1990 by the chairman of the observer delegation of Palestine,
Stressing that achieving a comprehensive settlement of the Middle East conflict, the core of which is the question of Palestine, will constitute a significant contribution to international peace and security,
Aware of the overwhelming support for the convening of the International Peace Conference on the Middle East,
Noting with appreciation the endeavours of the Secretary-General to achieve the convening of the Conference,
Preoccupied by the increasingly serious situation in the occupied Palestinian territory as a result of persistent policies and practices of Israel, the occupying Power, and by the continuing lack of progress in achieving peace in the Middle East,
Aware of the ongoing uprising (intifadah) of the Palestinian people since 9 December 1987, aimed at ending Israeli occupation of Palestinian territory occupied since 1967,
1. Reaffirms the urgent need to achieve a just and comprehensive settlement of the Arab-Israeli conflict, the core of which is the question of Palestine;
2. Calls once again for the convening of the International Peace Conference on the Middle East, under the auspices of the United Nations, with the participation of all parties to the conflict, including the Palestine Liberation Organization, on an equal footing, and the five permanent members of the Security Council, based on Council resolutions 242(1967) of 22 November 1967 and 338(1973) of 22 October 1973 and the legitimate national rights of the Palestinian people, primarily the right to self-determination;
3. Reaffirms the following principles for the achievement of comprehensive peace:
(a) The withdrawal of Israel from the Palestinian territory occupied since 1967, including Jerusalem, and from the other occupied Arab territories;
(b) Guaranteeing arrangements for security of all States in the region, including those named in resolution 181 (II) of 29 November 1947, within secure and internationally recognized boundaries;
(c) Resolving the problem of the Palestine refugees in conformity with General Assembly resolution 194 (III) of 11 December 1948, and subsequent relevant resolutions;
(d) Dismantling the Israeli settlements in the territories occupied since 1967;
(e) Guaranteeing freedom of access to Holy Places, religious buildings and sites;
4. Notes the expressed desire and endeavours to place the Palestinian territory occupied since 1967, including Jerusalem, under the supervision of the United Nations for a limited period, as part of the peace process;
5. Once again invites the Security Council to consider measures needed to convene the International Peace Conference on the Middle East, including the establishment of a preparatory committee, and to consider guarantees for security measures agreed upon by the Conference for all States in the region;
6. Requests the Secretary-General to continue his efforts with the parties concerned, and in consultation with the Security Council, to facilitate the convening of the Conference, and to submit progress reports on developments in this matter.
General Assembly resolution 45/68 6 December 1990
Meeting 59
18-nation draft (A/45/L.27 & Add.1); agenda item 23.
Meeting numbers. GA 45th session: plenary 49-53. 59.
Recorded vote in Assembly as follows:
In favour: Afghanistan, Albania, Algeria, Angola, Antigua and Barbuda, Argentina, Australia, Austria, Bahamas, Bahrain, Bangladesh, Barbados, Belgium, Belize, Benin, Bhutan, Bolivia, Botswana, Brazil, Brunei Darussalam, Bulgaria, Burkina Faso, Burundi, Byelorussian SSR, Cameroon, Canada, Cape Verde, Central African Republic, Chad, Chile, China, Colombia, Comoros, Congo, Costa Rica, Cote d'Ivoire, Cuba, Cyprus, Czechoslovakia, Denmark, Djibouti, Dominica, Ecuador, Egypt, El Salvador, Ethiopia, Fiji, Finland, France, Gabon, Gambia, Germany, Ghana, Greece, Guatemala, Guinea, Guinea-Bissau, Guyana, Haiti, Honduras, Hungary, Iceland, India, Indonesia, Iran, Iraq, Ireland, Italy, Jamaica, Japan, Jordan, Kenya, Kuwait, Lao People's Democratic Republic, Lebanon, Lesotho, Libyan Arab Jamahiriya, Liechtenstein, Luxembourg, Madagascar, Malaysia, Maldives, Mali, Malta, Mauritania, Mauritius, Mexico, Mongolia, Morocco, Mozambique, Myanmar, Namibia, Nepal, Netherlands, New Zealand, Nicaragua, Niger, Nigeria, Norway, Oman, Pakistan, Papua New Guinea, Paraguay, Peru, Philippines, Poland, Portugal, Qatar, Romania, Rwanda, Saint Vincent and the Grenadines, Samoa, Saudi Arabia, Senegal, Seychelles, Sierra Leone, Singapore, Somalia, Spain, Sri Lanka, Sudan, Suriname, Swaziland, Sweden, Syrian Arab Republic, Thailand, Togo, Trinidad and Tobago, Tunisia, Turkey, Uganda, Ukrainian SSR, USSR, United Arab Emirates, United Kingdom, United Republic of Tanzania, Uruguay, Venezuela, Viet Nam, Yemen, Yugoslavia, Zaire, Zambia, Zimbabwe.
Against: Israel, United States.
SECURITY COUNCIL ACTION
In the context of its consideration of the situation in the occupied Arab territories (see below), the President of the Security Council, on 20 December, made the following statement on behalf of the Council members [S/22027]:
The members of the Council reaffirm their determination to support an active negotiating process in which all relevant parties would participate leading to a comprehensive, just and lasting peace to the Arab-Israeli conflict through negotiations which should be based on Council resolutions 242(1967) of 22 November 1967 and 338(1973) of 22 October 1973 and should take into account the right to security of all States in the region, including Israel, and the legitimate political rights of the Palestinian people.
In this context, they agree that an international conference, at an appropriate time, properly structured, should facilitate efforts to achieve a negotiated settlement and lasting peace in the Arab-Israeli conflict.
However, they are of the view that there is not unanimity as to when would be the appropriate time for such a conference.
In the view of the members of the Council, the question of the Arab-Israeli conflict is important and unique and must be addressed independently, on its own merits.
Jerusalem
Report of Secretary-General. In an October 1990 report [A/45/595], the Secretary-General submitted to the General Assembly replies he received from two Member States—Senegal and the Syrian Arab Republic—to his request for information on steps taken or envisaged to implement General Assembly resolution 44/40 C [YUN 1989, p. 199] dealing with the transfer by some States of their diplomatic missions to Jerusalem in violation of Security Council resolution 478(1980) (YUN 1980, p. 426).
GENERAL ASSEMBLY ACTION
On 13 December, the General Assembly adopted resolution 45/83 C.
The General Assembly,
Recalling its resolutions 36/120 E of 10 December 1981, 37/123 C of 16 December 1982, 38/180 C of 19 December 1983, 39/146 C of 14 December 1984, 40/168 C of 16 December 1985, 41/162 C of 4 December 1986, 42/209 D of 11 December 1987, 43/54 C of 6 December 1988 and 44/40 C of 4 December 1989, in which it determined that all legislative and administrative measures and actions taken by Israel, the occupying Power, which had altered or purported to alter the character and status of the Holy City of Jerusalem, in particular the so-called "Basic Law" on Jerusalem and the proclamation of Jerusalem as the capital of Israel, were null and void and must be rescinded forthwith,
Recalling Security Council resolution 478( 1980) of 20 August 1980, in which the Council, inter alia, decided not to recognize the "Basic Law" and called upon those States that had established diplomatic missions at Jerusalem to withdraw such missions from the Holy City,
Having considered the report of the Secretary-General of 15 October 1990,
1. Determines that Israel's decision to impose its laws, jurisdiction and administration on the Holy City of Jerusalem is illegal and therefore null and void and has no validity whatsoever;
2. Deplores the transfer by some States of their diplomatic missions to Jerusalem in violation of Security Council resolution 478(1980), and their refusal to comply with the provisions of that resolution;
3. Calls once more upon those States to abide by the provisions of the relevant United Nations resolutions, in conformity with the Charter of the United Nations;
3. Requests the Secretary-General to report to the General Assembly at its forty-sixth session on the implementation of the present resolution.
General Assembly resolution 45/83 C 13 December 1990
Meeting 67 145-1-4 (recorded vote)
17-nation draft (A/45/L.37 & Add.1); agenda item 35.
Meeting numbers. GA 45th session: plenary 60-63, 67.
Recorded vote in Assembly as follows:
In favour: Afghanistan, Albania, Algeria, Antigua and Barbuda, Argentina. Australia, Austria, Bahamas, Bahrain, Bangladesh, Barbados, Belgium, Belize, Benin, Bhutan, Bolivia, Botswana, Brazil, Brunei Darussalam, Bulgaria, Burkina Faso, Burundi, Byelorussian SSR, Cameroon Canada, Cape Verde, Central African Republic, Chad, Chile, China, Colombia, Comoros, Congo, Cote d'Ivoire, Cuba, Cyprus, Czechoslovakia Denmark, Djibouti, Dominican Republic, Ecuador, Egypt, Ethiopia, Fiji Finland, France, Gabon, Gambia, Germany, Ghana, Greece, Guatemala' Guinea, Guinea-Bissau, Guyana, Haiti, Honduras, Hungary, Iceland, India, Indonesia, Iran, Iraq, Ireland, Italy, Jamaica, Japan, Jordan, Kenya Kuwait, Lao People's Democratic Republic, Lebanon, Lesotho, Libyan Arab Jamahiriya, Liechtenstein, Luxembourg, Madagascar, Malaysia Maldives, Mali, Malta, Mauritania, Mauritius, Mexico, Mongolia, Morocco, Mozambique, Myanmar, Namibia, Nepal, Netherlands, New Zealand. Nicaragua, Niger, Nigeria, Norway, Oman, Pakistan, Papua New Guinea, Paraguay, Peru, Philippines, Poland, Portugal, Qatar, Romania, Rwanda, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines dines, Samoa, Saudi Arabia, Senegal, Seychelles, Sierra Leone, Singapore, Solomon Islands, Somalia, Spain, Sri Lanka, Sudan, Suriname, Swaziland, Sweden, Syrian Arab Republic, Thailand, Togo, Trinidad and Tobago, Tunisia, Turkey, Uganda, Ukrainian SSR, USSR, United Arab Emirates, United Kingdom, United Republic of Tanzania, Uruguay, Vanuatu, Venezuela, Viet Nam, Yemen, Yugoslavia, Zaire, Zambia, Zimbabwe.
Against: Israel.
Abstaining: Costa Rica, Dominica, Malawi, United States.
UN Truce Supervision Organization
In his November report on the Middle East [A/45/726-S/21947], the Secretary-General provided information on the activities of three UN peace-keeping operations in the region: two peace-keeping forces, the United Nations Interim Force in Lebanon (UNIFIL) and the United Nations Disengagement Observer Force (UNDOF), and one observer mission, the United Nations Truce Supervision Organization (UNTSO) (see pp. 286-295).
UNTSO in 1990 continued to assist UNDOF and UNIFIL in the performance of their tasks and maintained two of its own observer groups, in Beirut and in Egypt. Set up by the Security Council in August 1982 following the occupation of West Beirut by Israeli troops, the activities of the UNTSO Observer Group at Beirut had been reduced since the withdrawal of the Israeli forces from the Beirut area in September 1983 and in 1990 it comprised eight observers. The Observer Group in Egypt, which was established in 1979 after withdrawal of the second United Nations Emergency Force (UNEF), had a total strength of about 50 observers. The Group maintained liaison offices in Cairo and Ismailia, and six outposts in the Sinai.
Question of Palestine
Having been first considered by the General Assembly at its second session in 1947, the question of Palestine was one of the most difficult and persistent issues facing the United Nations. It had been identified as the core of the Arab-Israeli conflict in the Middle East, which periodically resulted in armed hostilities in the region, thereby imperilling international peace and security.
The Assembly repeatedly reaffirmed the inalienable rights of the Palestinian people to self-determination, national independence and sovereignty. It emphasized that full respect for and realization of those inalienable rights were indispensable for the solution of the question of Palestine, and recognized that the Palestinian people was a principal party in the establishment of a just and lasting peace in the Middle East.
According to the proposed medium-term plan I for the period 1992-1997 [A/45/6 (Prog.5)], the realization of the inalienable rights of the Palestinian people had been recognized as a condition sine qua non for a just solution to the Palestine question. Although regularly endorsed since 1976 by the Assembly; the relevant recommendations of the Committee on Palestinian Rights had neither been acted upon by the Security Council nor otherwise implemented. However, the Palestinians remained committed to the exercise of their legitimate national and political rights, and the Palestinian uprising, which had started in December 1987, continued as an expression of their determination to bring to an end the Israeli occupation. The Assembly and the Council had repeatedly expressed concern at the tragic loss of life and violations of human rights of the Palestinian people. The situation created by the uprising and the subsequent political developments had made it imperative to renew efforts to break out of the prevailing impasse and to make concrete progress towards a peaceful, negotiated settlement.
Committee on Palestinian Rights
As mandated by General Assembly resolution 44/41 A [YUN 1989, p. l95], the Committee on the Exercise of the Inalienable Rights of the Palestinian People, established in 1975 [GA res. 3376(XXX)], Continued to keep under review the situation relating to the question of Palestine, promote implementation of its recommendations endorsed by the Assembly, and extend its co-operation to non-governmental organizations (NGOs) in their contribution towards heightening international awareness of the facts relating to the question. In response to urgent developments affecting the inalienable rights of the Palestinian people, the Chairman of the Committee, on a number of occasions, brought such developments to the attention of the Secretary-General and the President of the Security Council.
In October, the Committee submitted to the Assembly an annual report on its activities [A/45/35 & Corr.l], which also contained its recommendations. The Committee noted that the intifadah, the uprising of the Palestinian people, which had entered its third year, had led to a process of irreversible psychological and political transformation that had affected not only the Palestinian people but also the Israeli political system itself. The process of economic disengagement from Israel had been strengthened, as international groups and foreign Governments had increased their financial commitment to the occupied Palestinian territory.
According to the report, Israel, in its efforts to suppress the uprising, had continued to resort to often excessive and indiscriminate force, including shooting at demonstrators, intensive use of tear-gas and severely beating detainees. Israeli occupation authorities continued to apply a variety of harsh measures and collective punishment, including deportations, large-scale arrests, detentions, raids on homes and villages, prolonged curfews, confiscation of property and destruction of trees and crops. The Committee was particularly concerned at the lawless and violent actions of Israeli settlers.
While noting the formal steps taken by the Israeli authorities for the gradual reopening of primary and secondary schools as a positive gesture, the Committee deplored that they persisted in seriously disrupting the normal functioning of the schools as a form of collective punishment. It also noted with concern that all Palestinian universities and institutions of higher education had been closed since the beginning of the uprising.
The Committee further noted with concern that the health situation in the occupied Palestinian territory, particularly in Gaza, remained deplorable and had continued to deteriorate since the beginning of the uprising. Also, there had been no improvement in the conditions of work and life there. According to the Committee, almost 40 per cent of Palestinians of the occupied territory went to work in Israel, but the majority of them enjoyed no legal or social protection. The Committee believed that recognition by Israel of Palestinian trade union organizations would ensure respect for the fundamental principles of freedom of association and lead to the Palestinian workers being better defended.
In order to promote international awareness of the Palestine question and create conditions favourable for the implementation of its recommendations, the Committee and, under its guidance, the Division for Palestinian Rights, continued to organize regional seminars with the participation of prominent political personalities, parliamentarians, policy makers and other experts, including Israelis and Palestinians. The Committee expressed satisfaction that the seminars had made a positive contribution to peace efforts by providing a forum for a balanced and constructive discussion of the issues involved.
In 1990, regional seminars were held for Latin America and the Caribbean (Buenos Aires, Argentina, 5-9 February), Africa (Freetown, Sierra Leone, 2-6 April), Europe (Stockholm, Sweden, 7-11 May) and North America (New York, 25-26 June).
The Committee continued to extend its co-operation to NGOs active on the question of Palestine and expand its contacts with them. To that end, the Division for Palestinian Rights, in consultation with the Committee and under its guidance, organized in 1990 a number of regional NGO symposia, held jointly with or after the regional seminars: a European regional NGO symposium in Geneva (27-28 August), followed by an international NGO meeting (29-31 August). The conclusions, recommendations and declarations of the various forums were annexed to the report.
The Committee was represented at a number of conferences and meetings, including the twenty-sixth Assembly of Heads of State and Government of the Organization of African Unity (Addis Ababa, Ethiopia, 9-11 July), and the nineteenth Islamic Conference of Foreign Ministers (Cairo, Egypt, 31 July-4 August). The Committee noted with satisfaction the increased awareness and mobilization of international public opinion in support of the attainment of the inalienable rights of the Palestinian people and of UN recommendations for a comprehensive, just and lasting solution to the question of Palestine.
In its 1990 recommendations, the Committee considered that international attention must remain focused on the imperative necessity to overcome the political and diplomatic stalemate that had hitherto blocked progress towards a settlement of the Palestine question. Pending progress towards such a settlement, the Committee urged that all necessary measures be taken immediately to protect the Palestinian people in the occupied territory. The Committee called on the Security Council to establish urgently an effective UN presence in the occupied territory with a legal mandate to protect the Palestinians there and, in that regard, endorsed the proposed establishment of a UN observer force. The Committee also reaffirmed that the United Nations had a duty and responsibility to render all assistance necessary to promote the social and economic development of the occupied Palestinian territory, and called on the organizations of the UN system, as well as on Governments and inter-governmental and nongovernmental organizations, to sustain and increase their economic and social assistance to the Palestinian people, in close co-operation with PLO.
The Division for Palestinian Rights, in accordance with its mandate, continued to prepare monthly bulletins covering action by the Committee and other UN bodies, reports of regional seminars, NGO symposia and international meetings, and monthly and bimonthly reports on developments relating to the question of Palestine, monitored from the Arabic, English and Hebrew press for the use of the Committee. In 1990, the Division published two studies: on Palestinian children in the occupied Palestinian territory, and on the origins and evolution of the Palestine problem (1917-1988). In February and June, the Division issued an updated information note on the work of the Committee and the Division. An updated information note on the United Nations and NGO activities on the question of Palestine was issued in February.
The International Day of Solidarity with the Palestinian People was observed on 29 November 1990 at UN Headquarters in New York and at the UN Offices at Geneva and Vienna and was commemorated in many other cities throughout the world.
GENERAL ASSEMBLY ACTION
Following consideration of the report of the Committee on Palestinian Rights, the General Assembly adopted, on 6 December 1990, three resolutions on the Palestine question, including resolution 45/67 A.
The General Assembly,
Recalling its resolutions 181(11) of 29 November 1947, 194(111) of 11 December 1948, 3236(XXIX) of 22 November 1974, 3375(XXX) and 3376(XXX) of 10 November 1975, 31/20 of 24 November 1976, 32/40 of 2 December 1977, 33/28 of 7 December 1978, 34/65 A and B of 29 November 1979 and 34/65 C and D of 12 December 1979, ES-7/2 of 29 July 1980, 35/169 of 15 December 1980, 36/120 of 10 December 1981, ES-7/4 of 28 April 1982, 38/58 A of 13 December 1983, 39/49 A of 11 December 1984, 40/96 A of 12 December 1985, 41/43 A of 2 December 1986, 42/66 A of 2 December 1987, 43/175 A of 15 December 1988 and 44/41 A of 6 December 1989,
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. Endorses the recommendations of the Committee contained in paragraphs 93 to 102 of its report and draws the attention of the Security Council to the fact that action on the Committee's recommendations, as repeatedly endorsed by the General Assembly at its thirty-first session and subsequently, is still awaited;
3. Requests the Committee to continue to keep under review the situation relating to the question of Palestine as well as the implementation of the Programme of Action for the Achievement of Palestinian Rights and to report and make suggestions to the General Assembly or the Security Council, as appropriate;
4. Authorizes the Committee to continue to exert all efforts to promote the implementation of its recommendations, including representation at conferences and meetings and the sending of delegations, to make such adjustments in its approved programme of seminars and symposia and meetings for non-governmental organizations as it may consider necessary, to give special emphasis to the need to mobilize public opinion in Europe and North America, and to report thereon to the General Assembly at its forty-sixth session and thereafter;
5. Also requests the Committee to continue to extend its co-operation to non-governmental organizations in their contribution towards heightening international awareness of the facts relating to the question of Palestine and creating a more favourable atmosphere for the full implementation of the Committee's recommendations, and to take the necessary steps to expand its contacts with those organizations;
6. Requests the United Nations Conciliation Commission for Palestine, established under General Assembly resolution 194(111), as well as other United Nations bodies associated with the question of Palestine, to continue 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;
7. 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;
8. Requests the Secretary-General to continue to provide the Committee with all the necessary facilities for the performance of its tasks.
General Assembly resolution 45/67 A
6 December 1990 Meeting 59 122-2-23 (recorded vote)
16-nation draft (A/45/L.24 & Add.1); agenda item 23.
Meeting numbers. GA 45th session: plenary 49-53, 59.
Recorded vote in Assembly as follows:
In favour: Afghanistan, Albania, Algeria, Angola, Antigua and Barbuda, Argentina, Bahamas, Bahrain, Bangladesh, Barbados, Belize, Benin, Bhutan, Bolivia, Botswana, Brazil, Brunei Darussalam, Bulgaria, Burkina Faso, Burundi, Byelorussian SSR, Cameroon, Cape Verde, Central Africa Republic, Chad, Chile, China, Colombia, Comoros, Congo, Costa Cote d'Ivoire, Cuba, Cyprus, Djibouti, Ecuador, Egypt, El Salvador, Ethiopia, Fiji, Gabon, Gambia, Ghana, Greece, Guatemala, Guinea, Guinea-Bissau. Guyana, Haiti, Honduras, Hungary, India, Indonesia, Iran, Iraq, Jamaica, Jordan, Kenya, Kuwait, Lao People's Democratic Republic, Lebanon, Lesotho, Libyan Arab Jamahiriya, Madagascar, Malawi, Malaysia, Maldives, Mali, Malta, Mauritania, Mauritius, Mexico, Mongolia, Morocco, Mozambique, Myanmar, Namibia, Nepal, Nicaragua, Niger, Nigeria. Oman, Pakistan, Papua New Guinea, Paraguay, Peru, Philippines, Qatar, Romania, Rwanda, Saint Vincent and the Grenadines, Samoa, Saudi Arabia, Senegal, Seychelles, Sierra Leone, Singapore, Somalia, Thailand, Sri Lanka, Sudan, Suriname, Swaziland, Syrian Arab Republic, and, Togo, Trinidad and Tobago, Tunisia, Turkey, Uganda, Ukrainian SSR, USSR, United Arab Emirates, United Republic of Tanzania, Uruguay, Venezuela. Viet Nam, Yemen, Yugoslavia, Zaire, Zambia, Zimbabwe.
Against: Israel, United States.
Abstaining: Australia, Austria, Belgium, Canada, Czechoslovakia, Denmark, Dominica, Finland, France, Germany, Iceland, Ireland, Italy, Japan, Liechtenstein, Luxembourg, Netherlands, New Zealand, Norway, Poland, Portugal, Sweden, United Kingdom.
On the same date, the Assembly adopted resolution 45/67 B.
The General Assembly,
Having considered the report of the Committee on the Exercise of the Inalienable Rights of the Palestinian People,
Taking note, in particular, of the relevant information contained in paragraphs 52 to 78 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, 35/169 D of 15 December 1980, 36/120 B of 10 December 1981, 37/86 B of 10 December 1982, 38/58 B of 13 December 1983, 39/49 B of 11 December 1984, 40/96 B of 12 December 1985, 41/43 B of 2 December 1986, 42/66 B of 2 December 1987, 43/175 B of 15 December 1988 and 44/41 B of 6 December 1989,
1. Takes note with appreciation of the action taken by the Secretary-General in compliance with General Assembly resolution 44/41 B;
2. Requests the Secretary-General to provide the Division for Palestinian Rights of the Secretariat with the necessary resources and to ensure that it continues to discharge the tasks detailed in paragraph 1 of General Assembly resolution 32/40 B, paragraph 2 of resolution 34/65 D, paragraph 3 of resolution 36/120 B, paragraph 3 of resolution 38/58 B, paragraph 3 of resolution 40/96 B, paragraph 2 of resolution 42/66 Band paragraph 2 of resolution 44/41 B, in consultation with the Committee on the Exercise of the inalienable Rights of the Palestinian People and under its guidance;
3. Also 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 Division for Palestinian Rights to perform its tasks and in covering adequately the various aspects of the question of Palestine;
4. 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 Division for Palestinian Rights in the performance of their tasks;
5. Takes note with appreciation of the action taken by Member States to observe annually on 29 November the International Day of Solidarity with the Palestinian People.
General Assembly resolution 45/67 B 6 December 1990
Meeting 59 121 -2-22 (recorded vote)
15-nation draft (A/45/L.25 & Add.1); agenda item 23.
Meeting numbers. GA 45th session: plenary 49-53, 59.
Recorded vote in Assembly as follows:
In favour: Afghanistan, Albania, Algeria, Angola, Antigua and Barbuda, Argentina, Bahamas, Bahrain, Bangladesh, Barbados, Belize, Benin, Bhutan, Bolivia, Botswana, Brazil, Brunei Darussalam, Bulgaria, Burkina Faso, Burundi, Byelorussian SSR, Cameroon, Cape Verde, Central African Republic, Chad, Chile, China, Colombia, Comoros, Congo, Costa Rica, Cote d'Ivoire, Cuba, Cyprus, Djibouti, Dominica, Ecuador, Egypt, El Salvador, Ethiopia, Fiji, Gabon, Gambia, Ghana, Greece, Guatemala, Guinea, Guinea-Bissau, Guyana, Haiti, Honduras, Hungary, India, Indonesia, Iran, Iraq, Jamaica, Kenya, Kuwait, Lao People's Democratic Republic, Lebanon, Lesotho, Libyan Arab Jamahiriya, Madagascar, Malaysia, Maldives, Mali, Malta, Mauritania, Mauritius, Mexico, Mongolia, Morocco, Mozambique, Myanmar, Namibia, Nepal, Nicaragua, Niger, Nigeria, Oman, Pakistan, Papua New Guinea, Paraguay, Peru, Philippines, Qatar, Romania, Rwanda, Saint Vincent and the Grenadines, Samoa, Saudi Arabia, Senegal, Seychelles, Sierra Leone, Singapore, Somalia, Spain, Sri Lanka, Sudan, Suriname, Swaziland, Syrian Arab Republic, Thailand, Togo, Trinidad and Tobago, Tunisia, Turkey, Uganda. Ukrainian SSR, USSR, United Arab Emirates, United Republic of Tanzania, Uruguay, Venezuela, Viet Nam, Yemen, Yugoslavia, Zaire, Zambia, Zimbabwe.
Against: Israel, United States.
Abstaining: Australia, Austria, Belgium, Canada, Czechoslovakia, Denmark, Finland, France, Germany, Iceland, Ireland, Italy, Japan, Liechtenstein, Luxembourg, Netherlands, New Zealand, Norway, Poland, Portugal, Sweden, United Kingdom.
Public information activities
In accordance with General Assembly resolution 44/41 C [YUN 1989, p. 199], the Department of Public Information (DPI) of the Secretariat, in full co-operation and co-ordination with the Committee on Palestinian Rights, continued its special information programme on the question of Palestine during the biennium 1990-1991. DPI actively disseminated information through press releases, publications and audio-visual material. It provided full coverage of all UN meetings relevant to the question, as well as of seminars and symposia held by the Committee, In 1990, the Department focused increasingly on news items and information concerning the situation in the occupied territories as well as on efforts to convene an international peace conference on the Middle East under UN auspices (see above).
DPI continued to distribute its publications on the subject, including a revised version of the booklet entitled The United Nations and the Question of Palestine, issued in Arabic, English, French, German and Spanish.
In addition to short items in news and current affairs radio programmes, DPI produced special feature radio programmes and distributed them to hundreds of radio stations world wide. A 15-minute educational video for high-school age students, with an accompanying study pamphlet for teachers on the question of Palestine, was produced in three languages for distribution world wide.
In 1990, the Department again organized activities to acquaint the media with the facts and developments pertaining to the Palestine question. In May, a team of 14 high-level journalists participated in the news mission to the Middle East organized by DPI. The team visited Tunis (Tunisia), Damascus (Syrian Arab Republic), Amman (Jordan) and Cairo (Egypt). A formal request to Israel for the news mission to visit the country and the West Bank went unanswered. DPI also organized two regional encounters for journalists on the Palestine question: in Buenos Aires (12-14 February) and in Singapore (26-28 March). Three series of national encounters were
organized: in Latin America and the Caribbean (Mexico City; Santiago, Chile; and Port of Spain, Trinidad and Tobago, 2-15 February), in Europe (Oslo, Norway; London; and Belgrade, Yugoslavia, 9-16 March) and in Asia (Tokyo; Manila, Philippines; Bangkok, Thailand; and New Delhi, India, 19-30 March).
UN information centres throughout the world disseminated newsletters, press releases and leaf-lets on the various aspects of the Palestine question.
GENERAL ASSEMBLY ACTION
On 6 December, the General Assembly adopted resolution 45/67 C.
The General Assembly,
Having considered the report of the Committee on the Exercise of the Inalienable Rights of the Palestinian People,
Taking note, in particular, of the information contained in paragraphs 79 to 92 of that report,
Recalling its resolutions 44/41 C and 44/42 of 6 December 1989,
Convinced that the worldwide dissemination of accurate and comprehensive information and the role of non-governmental organizations and institutions remain of vital importance in heightening awareness of and support for the inalienable rights of the Palestinian people to self-determination and to the establishment of an independent sovereign Palestinian Stare,
1. Takes note with appreciation of the action taken by the Department of Public Information of the Secretariat in compliance with General Assembly resolution 44/41 C;
2. Requests the Department of Public Information, in full co-operation and co-ordination with the Committee on the Exercise of the Inalienable Rights of the Palestinian People, to continue its special information programme on the question of Palestine for the remainder of the biennium 1990-1991, with particular emphasis on public opinion in Europe and North America and, in particular:
(a) To disseminate information on all the activities of the United Nations system relating to the question of Palestine, including reports of the work carried out by the relevant United Nations organs;
(b) To continue to issue and update publications on the various aspects of the question of Palestine, including Israeli violations of the human rights of the Palestinian people and other Arab inhabitants of the occupied territories as reported by the relevant United Nations organs;
(c) To expand its audio-visual material on the question of Palestine, including the production of such material;
(d) To organize and promote fact-finding news missions for journalists to the area, including to the occupied territories;
(e) To organize regional and national encounters for journalists.
General Assembly resolution 45/67 C
6 December 1990 Meeting 59 124-2-20 (recorded vote)
15-nation draft (A/45/L.26 & Add.1); agenda item 23.
Meeting numbers. GA 45th session: plenary 49-53, 59.
Recorded vote in Assembly as follows:
Assistance to Palestinians
Various UN organizations and agencies continued in 1990 to provide economic and social assistance to the Palestinian people. An overview of their activities, obtained by the United Nations Centre for Human Settlements (Habitat), which was entrusted with supervising the development of the programme of assistance, was contained in an October report [A/45/503] transmitted by the Secretary-General in response to General Assembly resolution 44/235 [YUN 1989, p. 202].
Earlier, in July [E/1990/71/Rev.l], the Secretary-General had briefly reported on the assistance programme to the Economic and Social Council.
The United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) maintained in 1990 an extensive programme of education, health and relief services as well as other humanitarian assistance to Palestine refugees. In response to additional needs created by we uprising and its consequences, UNRWA extended its programme of emergency measures and expanded its welfare services to assist the families of those killed, disabled or detained. (For a full account of UNRWA activities, see below, Hinder "The work of UNWRA".)
The United Nations Development Programme (UNDP), whose economic and social assistance was primarily for non-refugee Palestinian population in the occupied territory, continued to increase its assistance to the Palestinians with emphasis on job creation and self-sufficiency, according to a report of the UNDP Administrator [DP/1991/65]. The projects relating to the construction of a citrus processing plant, a cement factory, a commercial port, a poultry hatchery and a vegetable grading and packing facility were high on the UNDP agenda. The Business Development Centre, designed to provide Palestinian entrepreneurs with services, training and credit, became fully operational, and several management and technical training sessions and feasibility studies for new business ventures were carried out. In spite of rising tension in the region and various complications, UNDP programme delivery in 1990 jumped to a record level of $11.7 million, more than three times the level for 1989.
The United Nations Conference on Trade and Development (UNCTAD) during 1990 concentrated its Palestinian-related activities in four main areas: monitoring and analyzing policies and practices of Israeli occupation authorities that hampered economic development in the occupied Palestinian territory; investigating the impact of such policies and practices on key economic sectors; developing the data base for the dissemination of information on the economy of the occupied Palestinian territory; and contributing to the relevant activities of the organizations of the UN system pursuant to General Assembly resolutions. A 1990 UNCTAD report on economic developments in the occupied Palestinian territory [TD/B/1266] provided an update of aggregate and sectoral developments in the Palestinian economy during 1988-1990, including the impact of the Palestinian uprising and related Israeli policy measures. In 1990, UNCTAD continued substantive work on an intersectoral study on prospects for sustained economic and social development in the West Bank and Gaza Strip. Based on the results of the analysis of the potentials of the Palestinian economy's development, a consolidated substantive frame of reference outlining development projects, strategy guidelines and policy options for action at various levels would be formulated. UNCTAD's project proposal for establishing an investment projects evaluation centre in the occupied Palestinian territory, aimed at initiating and developing Palestinian capabilities in resource allocation and management at both the entrepreneurial and institutional levels, received increasing support.
The United Nations Population Fund (UNFPA) provided, through the Economic and Social Commission for Western Asia, regional advisory services and training in demographic data collection and analysis. In 1990, UNFPA also funded two 3-year fellowships in demography aimed at up-grading the educational level of faculty staff for teaching at universities.
Assistance to Palestinian children and mothers in Jordan, Syria, Lebanon and the West Bank and Gaza Strip was provided by the United Nations Children's Fund (UNICEF). Major emphasis was placed on the reduction of infant mortality rates through improvements in primary health care and through the health education of mothers and primary school children, as well as immunization, oral rehydration therapy, and upgrading of water and sanitation infrastructure. The most notable of the many UNICEF activities in the occupied territory was the joint UNICEF/UNRWA physiotherapy programme, set up to provide emergency medical treatment to children suffering from limb fractures. Since its inception in 1988,the programme had reached over 3,600 children.
Pursuant to a 1989 decision by its Executive Board, the United Nations Educational, Scientific and Cultural Organization (UNESCO) established within the secretariat an intersectoral co-ordination mechanism to strengthen progressively UNESCO assistance to the Palestinians, and the Permanent Observer of Palestine was entitled to make direct requests under UNESCO's Participation Programme. In conformity with the Executive Board's decisions, 10 projects, representing a total cost of $22,365,000, had been identified to respond to the education and training needs of the Palestinians. In May 1990, the Executive Board invited the UNESCO Director-General to pursue his action by circulating widely the study of those needs to multilateral and bilateral funding sources and by preparing project documents.
ECONOMIC AND SOCIAL COUNCIL ACTION
On 26 July 1990, the Economic and Social Council adopted resolution 1990/59.
Assistance to the Palestinian people
The Economic and Social Council,
Recalling General Assembly resolution 44/235 of 22 December 1989,
Recalling also its own resolution 1989/96 of 26 July 1989,
[For remainder of text, see General Assembly resolution 45/183 below.]
Economic and Social Council resolution 1990/59
26 July 1990
Meeting 36 52-1 (roll-call vote)
Approved by Third Committee (E/1990/113) by roll-call vote (42-1-1), 19 July (meeting 13); 18-nation draft (E/1990/C.3/L.1); agenda item 12.
Roll-call vote in Council as follows:
In favour: Algeria, Bahamas, Bahrain. Brazil, Bulgaria, Burkina Faso, Cameroon, Canada, China, Colombia, Cuba, Czechoslovakia, Ecuador, Finland, France, German Democratic Republic, Germany, Federal Republic of, Ghana, Greece, Guinea, India, Indonesia, Iran, Iraq, Ireland, Italy, Jamaica, Japan, Jordan, Kenya, Lesotho, Liberia, Libyan Arab Jamahiriya, Mexico, Netherlands, New Zealand, Nicaragua, Pakistan, Portugal, Rwanda, Saudi Arabia, Sweden, Thailand, Trinidad and Tobago, Tunisia, Ukrainian SSR, USSR, United Kingdom, Venezuela, Yugoslavia, Zaire, Zambia.
Against: United States.
Explaining its vote, the United States—the largest single donor to UNRWA which had contributed $1.5 billion to the Agency between 1950 and 1989 and would disburse $57 million to it in 1990—said that it had voted against the text because it failed to reflect the situation accurately and contained impractical ideas, while the United States preferred practical ways to increase investment, employment, production and in come in the occupied territories.
GENERAL ASSEMBLY ACTION
On 21 December, the General Assembly adopted resolution 45/183.
Assistance to the Palestinian people
The General Assembly,
Recalling its resolution 44/235 of 22 December 1989,
Taking into account the intifadah of the Palestinian people in the occupied Palestinian territory against the Israeli occupation, including Israeli economic and social policies and practices,
Rejecting Israeli restrictions on external economic and social assistance to the Palestinian people in the occupied Palestinian territory,
Aware of the increasing need to provide economic and social assistance to the Palestinian people,
Affirming that the Palestinian people cannot develop their national economy as long as the Israeli occupation persists,
1. Takes note of the report of the Secretary-General on assistance to the Palestinian people;
2. Expresses its appreciation to the States, United Nations bodies and inter-governmental and non-governmental organizations that have provided assistance to the Palestinian people;
3. Requests the World Food Programme to provide food assistance to the Palestinian people in the occupied Palestinian territory;
4. Requests the international community, the organizations of the United Nations system and inter-governmental and non-governmental organizations to sustain and increase their assistance to the Palestinian people, in close co-operation with the Palestine Liberation Organization;
5. Calls for treatment on a transit basis of Palestinian exports and imports passing through neighbouring ports and points of exit and entry;
6. Also calls for the granting of trade concessions and concrete preferential measures for Palestinian exports on the basis of Palestinian certificates of origin;
7. Further calls for the immediate lifting of Israeli restrictions and obstacles hindering the implementation of assistance projects by the United Nations Development Programme, other United Nations bodies and others providing economic and social assistance to the Palestinian people in the occupied Palestinian territory;
8. Reiterates its call for the implementation of development projects in the occupied Palestinian territory, including the projects mentioned in its resolution 39/223 of 18 December 1984;
9. Calls for facilitation of the establishment of Palestinian development banks in the occupied Palestinian territory, with a view to promoting investment, production, employment and income therein;
10. Requests the Secretary-General to report in full to the General Assembly at its forty-sixth session, through the Economic and Social Council, on the progress made in the implementation of the present resolution.
General Assembly resolution 45/183
21 December 1990 Meeting 71
Recorded vote in Assembly as follows:
In favour. Afghanistan, Albania, Algeria, Angola, Antigua and Barbuda, Argentina, Australia, Austria, Bahamas, Bahrain, Bangladesh, Barbados, Belgium, Belize, Bhutan, Bolivia, Botswana, Brazil, Brunei Darussalam, Bulgaria, Burkina Faso, Burundi, Byelorussian SSR, Canada, Cape Verde, Central African Republic, Chad, Chile, China, Colombia, Congo, Costa Rica, Cote d'Ivoire, Cuba, Cyprus, Czechoslovakia, Denmark, Djibouti, Dominica. Ecuador, Egypt, El Salvador, Ethiopia, Fiji, Finland, France, Gabon, Gambia, Germany, Ghana, Greece, Guinea, Guinea-Bissau. Guyana, Honduras, Hungary, Iceland, India, Indonesia, Iran, Iraq, Ireland, Italy, Jamaica, Japan, Jordan, Kuwait, Lao People's Democratic Republic, Lebanon, Lesotho, Libyan Arab Jamahiriya, Madagascar, Malawi. Malaysia, Maldives, Mali, Malta, Mauritania, Mauritius, Mexico, Mongolia, Morocco, Mozambique, Myanmar, Namibia, Nepal, Netherlands, New Zealand, Nigeria, Norway, Oman, Pakistan, Paraguay, Peru, Philippines, Poland, Portugal, Romania, Saint Kitts and Nevis, Saint Lucia. Saint Vincent, Samoa, Saudi Arabia, Senegal, Seychelles, Sierra Leone, Singapore, Solomon Islands, Somalia, Spain, Sri Lanka, Sudan, Suriname, Swaziland, Sweden, Syrian Arab Republic, Thailand, Togo, Trinidad and Tobago, Tunisia, Turkey, Uganda, Ukrainian SSR, USSR, United Arab Emirates, United Kingdom, United Republic of Tanzania, Uruguay, Vanuatu, Venezuela, Viet Nam, Yemen, Yugoslavia, Zambia, Zimbabwe.
Against: Israel, United States,
Educational institutions
In its annual report [A/45/35 & Corr.l], the Committee on Palestinian Rights, with reference to reports of UNESCO, noted with great concern that the entire Palestinian educational system was in a state of paralysis owing to the prolonged closure of educational institutions since the beginning of the Palestinian uprising. While noting the formal steps taken for the gradual reopening of primary and secondary schools as a positive gesture, the Committee deplored that the Israeli occupation authorities persisted in seriously disrupting the normal functioning of schools as a form of collective punishment, as interference by soldiers, including shootings and arrests of students, raids on schools or surrounding them with barbed-wire fencing, arbitrary closure of schools or closure due to curfews continued to be reported.
The Committee strongly deplored that, due to the closure of all Palestinian universities and institutions of higher education since the beginning of the intifadah, 25,000 Palestinian students had been denied their right to education for three years and thousands of high school graduates had been barred from continuing their education. However, in 1990, some community colleges were reopened, as well as Bethlehem University.
The Committee on Israeli Practices also reported [A/45/576] on measures affecting freedom of education, which, according to the Committee, had been severely restricted as a result of pro-longed closures of academic institutions which had caused the deterioration of academic standards and psychological stress in the educational process, as had been emphasized by several witnesses before the Committee. The lack of adequate equipment and material and financial constraints, as well as taxes imposed on educational institutions, were also denounced in some testimonies.
Report of Secretary-General. In October 1990, the Secretary-General informed [A/45/614] the General Assembly that no reply had been received from Israel to his March request for information on steps it had taken or envisaged to implement the 1989 Assembly demand in resolution 44/48 G [YUN 1989, p. 226] that it rescind all actions and measures against all educational institutions, ensure their freedom and refrain from hindering their effective operation.
GENERAL ASSEMBLY ACTION
On 11 December, the General Assembly adopted resolution 45/74 G.
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 concerned at the continued and intensified harassment by Israel, the occupying Power, directed against educational institutions in the occupied Palestinian territory,
Recalling Security Council resolutions 605(1987) of 22 December 1987, 672(1990) of 12 October 1990 and 673(1990) of 24 October 1990,
Recalling also its resolutions 38/79 G of 15 December 1983, 39/95 G of 14 December 1984, 40/161 G of 16 December 1985, 41/63 G of 3 December 1986, 42/160 G of 8 December 1987, 43/21 of 3 November 1988, 43/58 G of 6 December 1988, 44/2 of 6 October 1989 and 44/48 G of 8 December 1989,
Taking note of the reports of the Secretary-General of 21 January 1988,15 October 1990 and 31 October 1990,
Taking note also of the relevant decisions adopted by the Executive Board of the United Nations Educational, Scientific and Cultural Organization concerning the educational and cultural situation in the occupied Palestinian territory,
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 occupied Palestinian territory, including Jerusalem, and other Arab territories occupied by Israel since 1967;
2. Condemns Israeli policies and practices against Palestinian students and faculty members in schools, universities and other educational institutions in the occupied Palestinian territory, especially the opening of fire on defenceless students, causing many casualties;
3. Also condemns the systematic Israeli campaign of repression against and closing of universities, schools and other educational and vocational institutions in the occupied Palestinian territory, in large numbers and for prolonged periods, restricting and impeding the 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 flagrant contravention of the Geneva Convention;
4. Demands that Israel, the occupying Power, comply with the provisions of that Convention, rescind all actions and measures taken against all educational institutions, ensure the freedom of those institutions and refrain forthwith from hindering the effective operation of the universities, schools and other educational institutions;
5. Requests the Secretary-General to report to the General Assembly as soon as possible but not later than the beginning of its forty-sixth session on the implementation of the present resolution.
General Assembly resolution 45/74 G
11 December 1990 Meeting 65
Approved by Special Political Committee (A/45/823 & Corr.1) by recorded vote (120-2), 28 November (meeting 27); 12-nation draft
(A/SPC/45/L.33); agenda item 75.
Meeting numbers. GA 45th session: 5PC 18, 20,22,24,26,27; plenary 65.
Recorded vote in Assembly as follows:
In favour: Afghanistan, Albania, Algeria, Angola, Antigua and Barbuda, Argentina, Australia, Austria, Bahamas, Bahrain, Bangladesh, Barbados, Belgium, Belize, Benin, Bhutan, Bolivia, Botswana, Brazil, Brunei, Darussalam, Bulgaria, Burkina Faso, Burundi, Byelorussian SSR, Cameroon, Canada, Cape Verde, Central African Republic, Chad, Chile, China, Colombia, Comoros, Congo, Costa Rica, Cote d'Ivoire, Cuba, Cyprus, Czechoslovakia, Denmark, Djibouti, Ecuador, Egypt, El Salvador, Ethiopia, Fiji, Finland, France, Gabon. Gambia, Germany, Ghana, Greece, Guatemala, Guinea, Guinea-Bissau, Guyana, Honduras, Hungary, Iceland, Indonesia, Iran, Iraq, Ireland, Italy, Jamaica, Japan, Jordan, Kenya, Kuwait. Lao People's Democratic Republic, Lebanon, Lesotho, Libyan Arab Jamahiriya, Liechtenstein, Luxembourg, Madagascar, Malawi, Malaysia, Maldives, Mali, Malta, Mauritania, Mexico, Mongolia, Morocco, Mozambique, Myanmar, Namibia, Nepal, Netherlands, New Zealand, Nicaragua, Niger, Nigeria, Norway, Oman, Pakistan, Papua New Guinea, Paraguay, Peru, Philippines, Poland, Portugal, Qatar, Romania, Rwanda, Saint Lucia, Saint Vincent and the Grenadines, Samoa, Saudi Arabia, Senegal, Seychelles, Sierra Leone, Singapore, Solomon Islands, Somalia, Spain, Sri Lanka, Sudan, Suriname, Swaziland, Sweden, Syrian Arab Republic, Thailand, Togo, Trinidad and Tobago, Tunisia, Turkey, Uganda, Ukrainian SSR, USSR, United Arab Emirates, United Kingdom, United Republic of Tanzania, Uruguay, Vanuatu, Venezuela, Viet Nam, Yemen, Yugoslavia, Zaire, Zambia, Zimbabwe.
Against: Israel, United States.
Before the vote in the Committee, the United States, in spite of its strong concern over the current situation with respect to education in the territories, voiced its objection to the text because of unjustified and counter-productive sweeping condemnations of Israeli policies and practices.
Norway expressed reservations on some of the text's wording.
The Committee on Palestinian Rights noted [A/45/35 & Corr.1) that the Director-General of the International Labour Organisation (ILO), in his annual report, stated that there had been no improvement in the conditions of work and life of the workers of the occupied Arab territories and their families. Continued military occupation and massive constraints placed on agriculture, industry and other sectors prevented the endogenous economic development of the territories. The development of human resources was in jeopardy as long as schools and universities remained closed. A dual legal system that was the source of serious inequality and tension had created a discriminatory situation with regard to social benefits and had a detrimental effect on the Palestinian economy. The report stressed that almost 40 per cent of Palestinians in the occupied territories went to work in Israel, but the majority of them enjoyed no legal or social protection. Recognition by Israel of the recently unified Palestinian trade union organizations would ensure respect for the fundamental principles of freedom of association and lead to the Palestinian workers' interests being better defended.
The Committee on Israeli Practices also reported [A/45/576) on the economic and social situation in the occupied territories, stating that prolonged curfews and economic sanctions brought an additional burden to a population already living under very harsh economic and social conditions.
By a 13 July note [E/1990/83], the Secretary-General informed the Economic and Social Council that owing to the need to undertake consultations with the relevant UN entities, it had not been possible to finalize the comprehensive report on Israeli land and water policies and practices in the occupied Palestinian and other Arab territories, which had been requested by the Council in resolution 1989/86 (YUN 1989, p. 228]. He expected the report to be completed in time for submission to the General Assembly at its forty-fifth session.
ECONOMIC AND SOCIAL COUNCIL ACTION
On 24 July, the Economic and Social Council adopted resolution 1990/53.
The Economic and Social Council,
Recalling General Assembly decision 40/432 of 17 December 1985,
Recalling also its own resolution 1989/86 of 26 July 1989,
Economic and Social Council resolution 1990/53
24 July 1990 Meeting 34 46-1
Speaking after the vote, the United States said it had cast a negative vote, as it had done in 1989, because the text did not serve any practical purpose. It would have supported the adoption of practical measures that could offer a solution to the situation in the occupied territories.
In May, the Economic and Social Council, after consideration of the report, adopted resolution 1990/11, expressing alarm at the critical situation 'of Palestinian women and children in the occupied Palestinian territory and reaffirming that the basic improvement of their living conditions, their advancement, full equality and self-reliance , could only be achieved through an end of the occupation. The Council requested the Secretary-General to monitor the implementation of the recommendations contained in the mission's report (see also PART THREE, Chapter XIII)
|The work of UNRWA
More than 2.4 million refugees were registered with UNRWA, as at 30 June 1990, in five areas: in and outside camps in the Israeli-occupied West Bank (414,298) and Gaza Strip (496,339); Jordan (929,097); Lebanon (302,049);and the Syrian Arab Republic (280,731).
The General Assembly addressed the Palestine refugee problem and UNRWA activities in 11 resolutions adopted in December 1990. The resolutions dealt with: assistance to Palestine refugees (45/73 A) and to displaced persons (45/73 C); the Working Group on the Financing of UNRWA (45/73 B); scholarships for higher education and vocational training (45/73 D); a proposed University of Jerusalem "Al-Quds" for Palestine refugees (45/73 J); protection of Palestinian students and educational institutions and safeguarding of UNRWA facilities in the occupied Palestinian territory (45/73 K); Palestine refugees in the Palestinian territory occupied by Israel since 1967 (45/73 E); resumption of the ration distribution to Palestine refugees (45/73 F); return of population and refugees displaced since 1967 (45/73 G); revenues derived from Palestine refugees' properties (45/73 H); and protection of Palestine refugees (45/73 I).
UNRWA activities
In 1990, UNRWA, with a staff of 18,000, one of the largest single employers in the region, continued to provide education, health and social services to over 2 million Palestinian refugees, two thirds of whom no longer lived in refugee camps. The Agency maintained its own schools, training institutions, clinics and health and women's centres. UNRWA operations were co-ordinated from its headquarters in Vienna and Amman, Jordan, and from five field offices, with liaison offices in New York and Cairo, Egypt.
A total of 357,706 Palestine refugee children studied in the 631 UNRWA elementary and preparatory schools, served by 10,503 teachers. An additional 63,354 Palestinian pupils attended government and private schools. During the 1989/90 school year, vocational, technical and preservice teacher training was provided in eight UNRWA training centres, with a total enrolment of 4,386 trainees and 497 instructors. The Institute of Education provided in service training courses to 818 teachers through the Education Development Centres in each of the five fields of the operation. At the university level, 540 scholars benefited from the Agency's scholarship programme. Total expenditure in 1990 on the educational programme amounted to $126.9 million, against a budgeted $131.3 million, representing 51 per cent of UNRWA's total regular budget.
The Agency's health programme covered curative and preventive medical services, which were provided through 104 health clinics. In 1990, 3,877,313 visits were paid to those clinics by refugee patients for medical consultations. Hospitalization was provided at heavily subsidized rates in 35 hospitals with which UNRWA had special agreements. In 1990, the number of bed/days utilized by refugees in those hospitals amounted to 225,068. Sanitation was also part of the health programme, as was the supplementary feeding programme through which about 27,100 preschool and schoolchildren received a full midday meal six days a week served in 102 supplementary feeding centres. Total 1990 expenditure on the health programme amounted to $48.2 million, out of a budgeted $50.4 million, which was 20 per cent of the Agency's regular budget.
UNRWA relief and social services provided socio-economic support for the most disadvantaged of the Palestine refugees, facilitating their self-reliance. By the end of 1990, 36,216 families, or some 7.6 per cent of the registered refugee population, were receiving special hardship assistance, consisting of food, clothing, blankets, repair of shelters, selective cash grants in extreme distress, preferential access to vocational and teacher training, and small grants to establish self-support projects. The social services comprised case work, income generating programmes and related skill-training, women's programmes, community-based rehabilitation of the disabled and projects to develop community facilities. In 1990, total expenditure on relief and social services amounted to $27 million, against a budgeted $28.9 million, or 11 per cent of UNRWA's regular budget.
The Agency's expanded programme of assistance, launched in 1988 and intended to improve the living conditions in the West Bank and Gaza Strip, covered also shelter rehabilitation, expansion of health services, environmental sanitation, improved water supply, employment, self-support projects, improvement of Agency installations and some education projects. Against the target of $65 million, $30 million had been received or pledged for the programme by mid-1990.
UNRWA took an active part in the international relief effort to assist thousands of evacuees from Iraq and Kuwait who passed through Jordan in August and September 1990, the majority of them of Palestinian origin. At the transit camp established in Amman, UNRWA set up a health clinic and provided daily food rations to the evacuees at the request of Jordan. Food was also provided to evacuees at the Andalus reception point near Amman airport, as well as logistic support to the government, UN bodies and NGOs. UNRWA assisted in establishing proper sanitary facilities at a number of reception points in Jordan, provided health teams in Jordan and the Syrian Arab Republic and made loans of food commodities to a number of national and international humanitarian agencies. The Agency absorbed 2,500 additional children in its schools in Jordan.
Detailed information on all aspects of UNRWA activities in 1990 was contained in two reports of its Commissioner-General, covering the periods from 1 July 1989 to 30 June 1990 [A/45/13] and 1 July 1990 to 30 June 1991 [A/46/l3].
Jordan. The 197 UNRWA schools in Jordan, with a total of 133,810 pupils, functioned normally throughout the 1989/90 school year. The Amman and Wadi Seer Training Centres operated successfully and trained a total of 1,168 students in 27 vocational and technical courses. In addition to teacher training, the Amman Centre provided courses in the paramedical and commercial areas. The Wadi Seer Centre offered courses in the mechanical, electrical and building trades, as well as a range of technician courses.
Health facilities in Jordan, serving about 850,000 refugees, included 18 health centres and points, 14 dental clinics, 10 laboratories, 8 specialist clinics, 12 diabetes clinics and 5 hypertension clinics.
The socio-economic situation of Palestinian refugees in Jordan was relatively stable and more comfortable than elsewhere. Nevertheless, rising unemployment affected refugees and the number of those living in poverty increased. In June, 30,687 refugees, or 3.7 per cent of the eligible population, were registered as special hardship cases the women's programmes expanded over the year and were run from 10 women's programme centres, four of which moved into new or renovated premises with upgraded equipment. Courses were conducted in dressmaking, machine-knitting, artificial flower-making, hair-dressing and typing. UNRWA also provided the premises for a new wool-spinning project initiated in the spring of 1990.
The programme of community-based rehabilitation of the disabled also developed further at the four established centres in Jordan, and considerable progress was reported in the change of attitude of the community towards the disabled.
Lebanon. Apart from occasional interruptions due to strikes, the 76 UNRWA schools in Lebanon continued to function and 33,300 pupils attended them during the 1989/90 school year. However, some schools in central Lebanon were closed in February for security reasons. The Sibling Training Centre with 640 training places provided a total of 18 vocational and technical courses.
Despite the prevailing conditions in the country, UNRWA's health programmes improved during 1989/90. With the opening of four diabetes clinics and two hypertension clinics, the total number of UNRWA specialized clinics reached 11. Three additional dental units were established at Wavel, Saida Town and Rashidieh health centres, as well as a clinical laboratory at Ein el-Hilweh health centre. The health centre at Shatila camp was reconstructed, and major renovation of Rashidieh health centre was completed.
The need for material assistance for the destitute continued to be higher in Lebanon than in any other area of operation. By the end of June 1990, 35,350 persons were registered as special hardship cases, amounting to 13.8 per cent of the refugees eligible for services. However, due to heavy continuous fighting in east Beirut, many special hardship families were unable to collect their food rations. At a June meeting, representatives of UNRWA, UNICEF and local and international NGOs drew up proposals for a co-ordinated programme of assistance. In view of limited employment opportunities for Palestinians, UNRWA, within its income-generating programme for special hardship cases, supported 93 small enterprises and offered courses in dressmaking, artificial flower-making and hairdressing in its five women's programme centres.
The Agency's emergency operations—at a 1990 budget of $ 10 million—were directed especially to alleviating the plight of refugees displaced by the fighting. Emergency health assistance and supplementary feeding were also extended to refugees not normally eligible for such services. Around $2 million was spent on food aid. Four emergency general ration distributions of food, sugar and rice to approximately 230,000 beneficiaries were carried out in 1989/90. During that same period, 1,265 and 463 shelters, respectively, were repaired or reconstructed in the Burj el-Barajneh and Shatila camps.
Syrian Arab Republic. The 111 UNRWA schools in the Syrian Arab Republic, with a student population of 55,550, were open without interruption during the 1989/90 school year. Unfortunately, inadequate and insufficient school premises continued to pose a great problem for the Agency, which continued to experience difficulty in securing funds to carry out a sustained programme of construction at the desired speed. However, owing to an improved exchange rate available to UNRWA and the savings resulting therefrom, $2 million were allocated to a number of projects , including construction of a school, renovation of sanitary facilities at 15 schools and construction of nine new classrooms. The Damascus Training Centre with a total of 768 training places also needed reconstruction and replacement of equipment.
The construction of a health and feeding centre at Hama and the extension of the Yarmouk health centre were completed, and work started on a health centre in Latakia and a maternal and child health sub-centre in Yarmouk. To meet the increased demand on outpatient services in the southern area, an additional medical team was established to operate in Dera'a and Mazereeb health centres on a full-time basis. For eligible Palestinian refugees, UNRWA reserved 55 beds in private hospitals. The Agency also funded and implemented a water supply project for installations in Horns camp and continued to provide water to Damascus camps through its water tankers because of the low ground-water level there.
Through UNRWA's special hardship assistance programme, 14,454 Palestinians, or 6 per cent of the total number of eligible refugees, in the country received material help. The Agency also supported 32 disabled youngsters; however, the number of those in need was much higher.
West Bank and Gaza Strip. Of the 98 UNRWA schools in the West Bank, with a student population of 39,460, 90 schools with 36,700 pupils suffered severe disruptions during the 1989/90 academic year due to curfews, strikes and closure orders, which seriously affected the prescribed education curriculum. Under those circumstances, UNRWA paid special attention to the production of self-learning written materials which provided supplementary assistance to pupils. Two training centres in Ramallah and one in Kalandia offered 944 vocational and technical training places and 550 teacher-training places. While permitted to reopen in stages between March and May 1990 after two years of closure, the centres suffered occasional disruption caused by strikes; curfews and disturbances.
Similar disruptions occurred in the 149 UNRWA schools with 95,600 pupils in the Gaza Strip; however, there was no prolonged general closure of schools. Although by mid-May 1990 40 per cent of teaching time had been lost, the Agency was not allowed to extend the school year; thus contingency plans, including the distribution of self-learning materials, had to be put into effect. The Gaza Training Centre with 650 training places and 15 vocational and technical courses operated with general regularity during the 1989/90 academic year, but was also affected by strikes, curfews and closure orders.
The joint UNRWA-UNICEF physiotherapy programme continued to function in five health centres in the Gaza Strip and was extended to the West Bank where clinics were opened in Jenin and Doura in April. In order to cope with the increased number of patients and casualties, UNRWA contributed to the expansion of Al Ahli hospital in Gaza, where it already subsidized 40 beds. With UNRWA's assistance, the health centres at Arrub, Kalandia and Jenin were renovated and upgraded.
In the area of environmental health, work on an internal sewerage scheme at Amari camp was completed, while a similar scheme at Dheisheh camp proceeded slowly owing to obstacles created by the Israeli security forces. Funds were allocated to implement internal sewerage systems at four other camps. In Gaza, emphasis was placed on upgrading water and liquid waste disposal in the Strip's eight congested camps. Despite certain improvements, refuse collection and disposal in camps throughout the occupied territories continued to suffer operational difficulties, especially during curfews and strikes.
By June, UNRWA was providing special hardship assistance to almost 71,400 refugees under the normal programme and to another 4,400 as a supplementary measure. Of refugees eligible for services, 13.4 per cent in Gaza and 9.1 per cent in the West Bank were registered by the Agency as special hardship cases. Those percentages were higher than the previous year and exceeded the Agency-wide average of 7.8 per cent. UNRWA paid special attention to promoting self-support projects. Agency social workers succeeded in establishing 45 small businesses in the West Bank and 25 in the Gaza Strip. In May, UNRWA provided a garment factory in Gaza with a $25,000 loan, which allowed it to employ 60 workers, including 20 women. By June, the Agency's loan programme supported 105 projects in Gaza and 62 in the West Bank. Since the number of disabled refugees in the occupied territory increased during the Palestinian uprising, UNRWA supported community-based rehabilitation programmes.
To cope with the effects of the intifadah and Israeli countermeasures, the Agency instituted a programme of extraordinary measures, which included health, relief and social services, and general assistance. The 1990 budget for that programme in both the West Bank and Gaza was approximately $29 million. The Agency instituted training programmes and provided medical supplies and equipment for its clinics to deal with large numbers of wounded and to evacuate casualties to hospitals. Most UNRWA clinics operated an additional shift for emergencies and five in Gaza remained open 24 hours a day. The provision of supplementary food to children and pregnant and nursing women was extended to more registered, as well as to non-registered, refugees at a cost of $1.8 million. Cash assistance, at a budgeted $1.2 million, was provided to those in immediate distress, and needy families received food commodities at an expected cost of $12 million.
GENERAL ASSEMBLY ACTION
On 11 December, the General Assembly adopted resolution 45/73 A.
Assistance to Palestine refugees
The General Assembly,
Recalling its resolution 44/47 A of 8 December 1989 and all its previous resolutions on the question, including resolution 194(III) of 11 December 1948,
Taking note of the report of the Commissioner-General of the United Nations Relief and Works Agency for Palestine Refugees in the Near East, covering the period from 1 July 1989 to 30 June 1990,
1. Notes with deep regret that repatriation or compensation of the refugees as provided for in paragraph 11 of General Assembly resolution 194(III) has not been;
effected, that no substantial progress has been made in the programme endorsed by the Assembly in paragraph 2 of its resolution 513(VI) of 26 January 1952 for the reintegration of refugees either by repatriation or, resettlement and that, therefore, the situation of the, refugees continues to be a matter of serious concern;
2. Expresses its thanks to the Commissioner-General and to all the staff of the United Nations Relief and Works Agency for Palestine Refugees in the Near East, I recognizing that the Agency is doing all it can within the limits of available resources, and also expresses its 3 thanks to the specialized agencies and private organizations for their valuable work in assisting the refugees;
3. Reiterates its request that the headquarters of the Agency should be relocated to its former site within its s area of operations as soon as practicable;
4. Notes with regret that the United Nations Conciliation Commission for Palestine has been unable to finds a means of achieving progress in the implementations of paragraph 11 of General Assembly resolution 194(111), and requests the Commission to exert continued efforts towards the implementation of that paragraph and to report to the Assembly as appropriate, but no later than 1 September 1991;
5. Directs attention to the continuing seriousness of the financial position of the Agency, as outlined in the report of the Commissioner-General;
6. Notes with profound concern that, despite the commendable and successful efforts of the Commissioner-General to collect additional contributions, this increased level of income to the Agency is still insufficient to cover essential budget requirements in the present year and that, at currently foreseen levels of giving, deficits will recur each year;
7. Calls upon all Governments, as a matter of urgency, to make the most generous efforts possible to meet the anticipated needs of the Agency, particularly in the light of the budgetary deficit projected in the report of the Commissioner-General, and therefore urges non-contributing Governments to contribute regularly and contributing Governments to consider increasing their regular contributions.
General Assembly resolution 45/73 A
11 December 1990 Meeting 65 146-0-1 (recorded vote)
Approved by Special Political Committee (A/45/822) by recorded vote(123-0-1), 26 November (meeting 22); draft by United States
(A/SPC/45/L.5); agenda item 74. Meeting numbers. GA 45th session: SPC 5-7, 22; plenary 65.
Recorded vote in Assembly as follows:
In favour: Afghanistan, Albania, Algeria, Angola, Antigua and Barbuda, Argentina, Australia, Austria, Bahamas, Bahrain, Bangladesh, Barbados, Belgium, Belize, Benin, Bhutan, Bolivia, Botswana, Brazil, Brunei Darussalam, Bulgaria, Burkina Faso, Burundi, Byelorussian SSR, Cameroon, Canada, Cape Verde, Central African Republic, Chad, Chile, China, Colombia. Comoros, Congo, Costa Rica, Cote d'Ivoire, Cuba, Cyprus, Czechoslovakia, Denmark, Djibouti, Ecuador, Egypt, El Salvador, Ethiopia, Fiji, Finland, France, Gabon, Germany, Ghana. Greece, Guatemala, Guinea, Guinea-Bissau, Guyana, Haiti, Honduras. Hungary. Iceland, India, Indonesia, Iran, Iraq, Ireland, Italy, Jamaica, Japan, Jordan, Kenya, Kuwait, Lao People's Democratic Republic, Lebanon, Lesotho, Libyan Arab Jamahiriya, Liechtenstein, Luxembourg, Madagascar, Malawi. Malaysia, Maldives, Mali, Malta, Mauritania, Mexico, Mongolia, Morocco, Mozambique, Myanmar, Namibia, Nepal, Netherlands, New Zealand, Nicaragua, Niger, Nigeria, Norway, Oman. Pakistan, Papua New Guinea, Paraguay, Peru, Philippines, Poland, Portugal, Qatar, Romania, Rwanda, Saint Lucia, Saint Vincent and the Grenadines, Samoa, Saudi Arabia. Senegal. Seychelles, Sierra Leone. Singapore. Solomon Islands, Somalia, Spain, Sri Lanka, Sudan, Suriname, Swaziland, Sweden, Syrian Arab Republic, Thailand, Togo, Trinidad and Tobago, Tunisia, Turkey, Uganda, Ukrainian SSR, USSR, United Arab Emirates, United Kingdom, United Republic of Tanzania, United States, Uruguay, Vanuatu, Venezuela, Viet Nam, Yemen, Yugoslavia, Zaire, Zambia, Zimbabwe.
Against: None.
Abstaining: Israel.
Following the vote in the Committee, Israel said it welcomed the humanitarian assistance given through UNRWA to refugees; in addition, between 1 July 1989 and 1 July 1990, Israel had contributed over $20 million towards education, welfare, health and housing for Palestine refugees and had made many good-will gestures, such as the release of detainees, the opening of schools and assistance with agricultural exports.
Speaking on behalf of the European Community (EC) members, Italy reaffirmed their full support for UNRWA's work but wondered, while in principle being in favour of the development of the various services the Agency could provide, about the advisability of confronting the Commissioner-General within unrealistic demands.
Iran explained that it had voted for all resolutions relating to the agenda item on UNRWA as they could only help alleviate the suffering of the Palestinians. The ultimate solution, however, would lie in the restoration of their right to self-determination and the establishment of a Palestinian State.
Other UNRWA matters
Humanitarian assistance to displaced and other persons
In addition to relief services, which included the provision of basic food commodities, blankets, clothing, shelter repair and cash grants, continued to provide in 1990 a small measure of humanitarian assistance to persons displaced as a result of the June 1967 and subsequent hostilities but who were not registered with UNRWA as refugees. In Jordan, the Agency distributed rations on the Government's behalf to some 190,000 persons. It also administered community-based rehabilitation centres for the disabled in Jordan and initiated their extension to the other fields.
UNRWA remained concerned about the future of the Palestine refugees stranded at so-called Canada camp on the Egyptian side of the international border when Israel withdrew from the. Sinai in April 1982, and who, under an agreement between Israel and Egypt, were to return to the Gaza Strip to reunite with their families. However, as at June 1990, UNRWA continued to provide food rations to some 4,000 Palestinians in the camp who were mostly unemployed and living in poverty.
GENERAL ASSEMBLY ACTION
On 11 December, the General Assembly adopted resolution 45/73 C.
Assistance to persons displaced as a result of the June 1967 and subsequent hostilities
The General Assembly,
Recalling resolution 44/47 C of 8 December 1989 and all its previous resolutions on the question,
Taking note of the report of the Commissioner-General of the United Nations Relief and Works Agency for Palestine Refugees in the Near East, covering the period from 1 July 1989 to 30 June 1990,
Concerned about the continued human suffering resulting from the hostilities in the Middle East,
1. Reaffirm its resolution 44/47 C and all its previous resolutions on the question;
2. Endorses, bearing in mind the objectives of those resolutions, the efforts of the Commissioner-General of the United Nations Relief and Works Agency for Palestine Refugees in the Near East to continue to provide humanitarian assistance as far as practicable, on an emergency basis and as a temporary measure, to other persons in the area who are at present displaced and in serious need of continued assistance as a result of the June 1967 and subsequent hostilities;
3. Strongly appeals to all Governments and to organizations and individuals to contribute generously for the above purposes to the United Nations Relief and Works Agency for Palestine Refugees in the Near East and to the other inter-governmental and non-governmental organizations concerned.
General Assembly resolution 45/73 C
11 December 1990 Meeting 65 Adopted without vote
Approved by Special Political Committee (A/45/822) without vote, 26 November (meeting 22); 22-nation draft (A/SPC/45/L.7); agenda item 74. Meeting numbers. GA 45th session: SPC 5-7, 22; plenary 65.
Repatriation of refugees
In September 1990, the Secretary-General reported [A/45/466] on Israel's reply to the General Assembly's call in resolution 44/47 G [YUN 1989, p. 235] that it take immediate steps for the return of all displaced inhabitants and desist from measures obstructing their return. Israel stated that its position on the matter had been detailed fully in successive annual replies, the most recent contained in a 1989 report by the Secretary-General [YUN 1989, p. 234]. Israel also said that as a result of its continued effort to review individual cases of resettlement based on each case's merit, approximately 76,750 persons had already returned to the administered territories.
The Secretary-General stated that UNRWA was not involved in arrangements for the return of refugees or displaced persons; therefore, it would not necessarily be aware of the return of those who did not request provision of services. According to Agency records, between 1 July 1989 and 30 June 1990, 188 refugees registered with UNRWA had returned to the West Bank and 25 to the Gaza Strip. Some of them might not have been displaced in 1967, but might be family members of a displaced registered refugee whom they had accompanied on return or later joined. About 11,700 displaced refugees were known by UNRWA to have returned to the occupied territory since June 1967. The Agency was unable to estimate the total number of displaced inhabitants who had returned, as it kept records only of registered refugees and even those records, particularly with respect to the location of registered refugees, might be incomplete.
GENERAL ASSEMBLY ACTION
On 11 December, the General Assembly adopted resolution 45/73 G.
The General Assembly,
Recalling Security Council resolution 237(1967) of 14 June 1967,
Recalling also its resolutions 2252(ES-V) of 4 July 1967, 2452 A (XXIII) of 19 December 1968, 2535 B (XXIV) of 10 December 1969, 2672 D (XXV) of 8 December 1970, 2792 E (XXVI) of 6 December 1971, 2963 C and D (XXVII) of 13 December 1972, 3089 C (XXVIII) of 7 December 1973, 3331 D (XXIX) of 17 December 1974, 3419 C (XXX) of 8 December 1975, 31/15 D of 23 November 1976, 32/90 E of 13 December 1977, 33/112 F of 18 December 1978, 34/52 E of 23 November 1979, ES-7/2 of 29 July 1980, 35/13 E of 3 November 1980, 36/146 B of 16 December 1981, 37/120 G of 16 December 1982, 38/83 G of 15 December 1983, 39/99 G of 14 December 1984, 40/165 G of 16 December 1985, 41/69 G of 3 December 1986, 42/69 G of 2 December 1987, 43/57 G of 6 December 1988 and 44/47 G of 8 December 1989,
Having considered the report of the Secretary-General,
Having also considered the report of the Commissioner-General of the United Nations Relief and Works Agency for Palestine Refugees in the Near East, covering the period from 1 July 1989 to 30 June 1990,
1. Reaffirms the inalienable right of all displaced inhabitants to return to their homes or former places of residence in the territories occupied by Israel since 1967, and declares once more that any attempt to restrict, or to attach conditions to, the free exercise of the right to return by any displaced person is inconsistent with that inalienable right and is inadmissible;
2. Considers any and all agreements embodying any restriction on, or condition for, the return of the displaced inhabitants as null and void;
3. Strongly deplores the continued refusal of the Israeli authorities to take steps for the return of the displaced inhabitants;
4. Calls once more upon Israel:
(a) To take immediate steps for the return of all displaced inhabitants;
(b) To desist from all measures that obstruct the return of the displaced inhabitants, including measures affecting the physical and demographic structure of the occupied territories;
5. Requests the Secretary-General, after consulting with the Commissioner-General of the United Nations Relief and Works Agency for Palestine Refugees in the Near East, to report to the General Assembly, before the opening of its forty-sixth session, on Israel's compliance with paragraph 4 above.
General Assembly resolution 45/73 G
11 December 1990 Meeting 65 121-2-24 (recorded vote)
Approved by Special Political Committee (A/45/822) by recorded vote
(96-2-25), 26 November (meeting 22); 14-nation draft (A/SPC/45/L.21);
agenda item 74. Meeting numbers. GA 45th session: SPC 5-7, 22; plenary 65.
Recorded vote in Assembly as follows:
In favour: Afghanistan, Albania, Algeria, Angola, Antigua and Barbuda, Argentina, Bahamas. Bahrain, Bangladesh, Barbados, Belize, Benin, Bhutan, Bolivia, Botswana, Brazil, Brunei Darussalam, Burkina Faso, Burundi. Byelorussian SSR, Cameroon, Cape Verde, Central African Republic, Chad, Chile, China, Colombia, Comoros, Congo, Costa Rica, Cote d'Ivoire, Cuba, Cyprus, Djibouti, Ecuador, Egypt, El Salvador, Ethiopia, Fiji, Gabon, Gambia, Ghana, Greece, Guatemala, Guinea, Guinea-Bissau, Guyana, Honduras, India, Indonesia, Iran, Iraq, Jamaica, Japan. Jordan, Kenya, Kuwait, Lao People's Democratic Republic, Lebanon, Lesotho, Libyan Arab Jamahiriya, Madagascar, Malawi, Malaysia, Maldives, Mali, Malta, Mauritania, Mexico, Mongolia, Morocco. Mozambique, Myanmar, Namibia, Nepal, Nicaragua, Niger, Nigeria, Oman, Pakistan, Papua New Guinea, Paraguay, Peru, Philippines, Qatar, Rwanda, Saint Lucia, Saint Vincent and the Grenadines, Samoa, Saudi Arabia, Senegal, Seychelles, Sierra Leone, Singapore, Solomon Islands, Somalia, Spain, Sri Lanka, Sudan, Suriname, Swaziland, Syrian Arab Republic, Thailand, Togo, Trinidad and Tobago, Tunisia, Turkey, Uganda, Ukrainian SSR, USSR, United Arab Emirates, United Republic of Tanzania, Uruguay, Vanuatu, Venezuela, Viet Nam, Yemen, Yugoslavia, Zaire, Zambia, Zimbabwe.
Against: Israel, United States.
Abstaining: Australia, Austria, Belgium, Bulgaria, Canada, Czechoslovakia, Denmark, Finland, France. Germany, Hungary, Iceland, Ireland, Italy, Liechtenstein, Luxembourg, Netherlands, New Zealand, Norway, Poland, Portugal, Romania, Sweden, United Kingdom.
Speaking before the vote in the Committee, the United States objected to the text on the grounds that it made no reference to necessary direct negotiations among all parties.
Food aid
In compliance with General Assembly resolution 44/47 F [YUN 1989, p. 235), the Secretary-General reported in September 1990 [A/45/465] that UNRWA continued to distribute rations to the most needy sector of the refugee population—special hardship cases—who numbered 146,271 persons in December 1989. Two emergency distributions, including commodities such as flour, sugar, skim milk and corned beef, were made in 1989 to about 203,000 refugees in Lebanon, and about 20,000 tons of food commodities were distributed by the Agency to needy families in the West Bank and the Gaza Strip. However, it had not been possible to resume general distribution of basic food rations to all refugees due to the lack of additional resources.
GENERAL ASSEMBLY ACTION
On 11 December 1990, the General Assembly adopted resolution 45/73 F.
The General Assembly,
Recalling its resolutions 36/146 F of 16 December 1981, 37/120 F of 16 December 1982, 38/83 F of 15 December 1983, 39/99 F of 14 December 1984, 40/165 F of 16 December 1985, 41/69 F of 3 December 1986, 42/69 F of 2 December 1987, 43/57 F of 6 December 1988, 44/47 F of 8 December 1989 and all its previous resolutions on the question, including resolution 302(1 V) of 8 December 1949,
Having considered the report of the Secretary-General,
Having also considered the report of the Commissioner-General of the United Nations Relief and Works Agency for Palestine Refugees in the Near East, covering the period from 1 July 1989 to 30 June 1990,
Deeply concerned at the interruption by the Agency, owing to financial difficulties, of the general ration distribution to Palestine refugees in all fields,
1. Regrets that its resolutions 37/120 F, 38/83 F, 39/99 F, 40/165 F, 41/69 F, 42/69 F, 43/57 F and 44/47 F have not been implemented;
2. Calls once again upon all Governments, as a matter of urgency, to make the most generous efforts possible and to offer the necessary resources to meet the needs of the United Nations Relief and Works Agency for Palestine Refugees in the Near East, particularly in the light of the interruption by the Agency of the general ration distribution to Palestine refugees in all fields, and therefore urges non-contributing Governments to contribute regularly and contributing Governments to consider increasing their regular contributions;
3. Requests the Commissioner-General of the United Nations Relief and Works Agency for Palestine Refugees in the Near East to resume on a continuing basis the interrupted general ration distribution to Palestine refugees in all fields;
4. Requests the Secretary-General, in consultation with the Commissioner-General, to report to the General Assembly at its forty-sixth session on the implementation of the present resolution.
General Assembly resolution 45/73 F 11 December 1990 Meeting 65 118-20-9 (recorded vote)
Approved by Special Political Committee (A/45/822) by recorded vote (93-20-9), 26 November (meeting 221; 13-nation draft (A/SPC/45/L.20);
agenda item 74. meeting numbers. GA 45th session: SPC 5-7, 22; plenary 65.
Recorded vote in Assembly as follows:
In favour: Afghanistan, Albania, Algeria, Angola, Antigua and Barbuda, Argentina, Bahamas, Bahrain, Bangladesh, Barbados, Belize, Benin, Bhutan, Bolivia, Botswana, Brazil, Brunei Darussalam, Burkina Faso, Burundi, Byelorussian SSR, Cameroon, Cape Verde, Central African Republic, Chad, Chile, China, Colombia, Comoros, Congo, Costa Rica, Cote d'Ivoire, Cuba, Cyprus, Djibouti, Ecuador, Egypt, El Salvador, Ethiopia, Fiji, Gabon, Gambia, Ghana, Guatemala, Guinea, Guinea-Bissau, Guyana, Honduras, India, Indonesia, Iran, Iraq, Jamaica, Jordan, Kenya, Kuwait, Lao People's Democratic Republic, Lebanon, Lesotho, Libyan Arab Jamahiriya, Madagascar, Malawi, Malaysia, Maldives, Mali, Malta, Mauritania, Mexico, Mongolia, Morocco, Mozambique, Myanmar, Namibia, Nepal, Nicaragua, Niger, Nigeria, Oman, Pakistan, Papua New Guinea, Paraguay, Peru, Philippines, Qatar, Rwanda, Saint Lucia, Saint Vincent and the Grenadines, Samoa, Saudi Arabia, Senegal, Seychelles, Sierra Leone, Singapore, Solomon Islands, Somalia, Sri Lanka, Sudan, Suriname, Swaziland, Syrian Arab Republic, Thailand, Togo, Trinidad and Tobago, Tunisia, Turkey, Uganda, Ukrainian SSR, USSR, United Arab Emirates, United Republic of Tanzania, Uruguay, Vanuatu, Venezuela, Viet Nam, Yemen, Yugoslavia, Zaire, Zambia, Zimbabwe.
Against: Australia, Belgium, Canada, Denmark, Finland, France, Germany, Iceland, Ireland, Israel, Italy, Japan, Luxembourg, Netherlands, New Zealand, Norway, Portugal, Sweden, United Kingdom, United States.
Abstaining:Austria, Bulgaria, Czechoslovakia. Greece, Hungary. Liechtenstein, Poland, Romania, Spain.
The United States, before the vote in the Committee, opposed the text, saying that it attempted to usurp the authority of the UNRWA Commissioner-General.
Education and training
Protection of Palestinian students and educational institutions
Pursuant to General Assembly resolution 44/47 K [YUN 1989, p. 233] condemning Israeli policies and practices against Palestinian students and faculties, especially the opening of fire on students, causing many casualties, and calling on Israel to open immediately all closed educational institutions, the Secretary-General in February 1990 requested Israel to inform him of steps it had taken or envisaged taking to implement the relevant provisions of that resolution. In its June reply, Israel stated that the resolution was unbalanced, distorting its role and policy, which remained to encourage the improvement and development of the educational system in Judea, Samaria and the Gaza District. During the period of Israeli administration, the level of education and literacy in those territories had improved markedly and many new institutions of learning were established. Since December 1987, however, the schools were frequently exploited as centres for organizing and launching violent activities, and unrest was caused by masked extremists, affiliated with PLO and other groups, who forcefully entered classrooms during school hours and compelled students to join violent demonstrations. Measures taken by the authorities as a direct result of, and in reaction to, activities of those extremist elements had had some degree of success and had enabled the reopening of primary and secondary schools. Extremist elements had, however, continued to disrupt the school system, both through violent agitation and frequent strikes, while the Assembly resolution ignored those facts, Israel said. On its side, Israel would continue to make every effort to normalize the educational environment within the framework of the difficult security situation caused by violent agitation and intimidation by PLO and other extremist affiliates.
The Secretary-General's report [A/45/646] also contained information on Israel's compliance with Assembly resolution 44/47 K, based on the UNRWA Commissioner-General's reports.
During the period from 1 July 1989 to 30 June 1990, there were 112 cases of unauthorized entry by Israel into UNRWA schools in the West Bank and 295 into schools in the Gaza Strip. UNRWA had taken up those cases with the Israeli authorities who, in a number of instances, claimed that Agency premises were entered because stones had been thrown from within, or stone-throwers were being chased into the premises. During the same period, UNRWA reported nine fatalities and 3,795 cases of injury among students and trainees at its educational institutions in the West Bank, and four fatalities and 3,768 injuries in Gaza, attributable to beatings, tear-gas inhalation, rubber bullets and live ammunition. In addition, a total of 371 students and trainees in the West Bank and 111 in the Gaza Strip were detained, of whom 148 and 79, respectively, were released by 30 June 1990.
UNRWA training centres in the West Bank, closed by military order from the beginning of 1988, reopened in the spring of 1990, while the training centre in the Gaza Strip operated without protracted closures during the 1989/90 academic year. The 1989/90 UNRWA school year was shortened from 210 to 141 days, on account of general closure orders affecting all schools. The 141 operating days were further reduced by various factors such as intrusions by Israeli military personnel, individual school closures, strikes, curfews and local disturbances, resulting in an overall loss of 48 percent of a normal school year. The most seriously affected in the West Bank were the five schools in Tulkarm camp serving 2,363 pupils, which were closed by military orders from 11 February to 22 May 1990 and again during several curfews in May and June. UNRWA scheduled those schools to reopen on 10 July for one month to make up for lost time, but the authorities insisted that they remain closed. In the Gaza Strip, the 1989/90 school year was shortened by 10 days to 200 days, on account of general closure orders affecting all schools. Various other factors contributed to the overall loss of 39 per cent of a normal school year.
The loss of teaching time affected the level of curriculum coverage and forced all UNRWA schools, other than the eight in East Jerusalem to which the general closure order did not apply, to concentrate only on basic subjects, the Secretary-General reported. The Israeli authorities also took the position that the Agency should conform to the school opening and closure dates of schools run by the Civil Administration, which did not help UNRWA in its efforts to try to make up for lost time.
GENERAL ASSEMBLY ACTION
On 11 December, the General Assembly adopted resolution 45/73 K.
Protection of Palestinian students and educational institutions and safeguarding of the security of the facilities of the United Nations Relief and Works Agency for Palestine Refugees in the Near East in the occupied Palestinian territory.
The General Assembly,
Recalling Security Council resolution 605(1987) of 22 December 1987,
Recalling its resolutions 43/21 of 3 November 1988, 43/57 I of 6 December 1988, 44/2 of 6 October 1989 and 44/47 K of 8 December 1989,
Taking note of the report of the Secretary-General dated 21 January 1988, submitted in accordance with Security Council resolution 605(1987), and the report dated 31 October 1990, submitted in accordance with Council resolution 672(1990),
Having considered the report of the Secretary-General,
Having also considered the report of the Commissioner-General of the United Nations Relief and Works Agency for Palestine Refugees in the Near East, covering the period from 1 July 1989 to 30 June 1990,
Taking note, in particular, of paragraph 114 of that report, in which it is stated that during the reporting period "unauthorized entry by the Israeli authorities into Agency premises increased" and that "555 intrusions into Agency premises were recorded in the Gaza Strip and 191 in the West Bank" and furthermore "in the month of June 1990 alone, 22 incursions into health centres were registered" and that "on 12 June 1990, Israeli soldiers pursuing stone throwers threw two tear-gas grenades into the Rimal health centre in Gaza Town affecting patients including 66 registered infants awaiting treatment",
Gravely concerned and alarmed by the deteriorating situation in the Palestinian territory occupied by Israel since 1967, including Jerusalem,
1. Condemns the repeated Israeli raids on the premises and installations of the United Nations Relief and Works Agency for Palestine Refugees in the Near East, and calls upon Israel, the occupying Power, to refrain from such raids;
2. Deplores the policy and practices of Israel, the occupying Power, which have led to the prolonged closure of educational institutions, a large number of which are operated by the Agency, and the repeated disruption of medical services;
3. Calls upon Israel, the occupying Power, to open immediately all closed educational institutions and to refrain from closing them thereafter;
4. Requests the Secretary-General to report to the General Assembly at its forty-sixth session on the implementation of the present resolution.
General Assembly resolution 45/73 K 11 December 1990 Meeting 65
Approved by Special Political Committee (A/45/822) by recorded vote
(121-2), 26 November (meeting 22); 13-nation draft (A/SPC/45/L.25);
agenda item 74. Meeting numbers. GA 45th session: SPC 5-7, 22; plenary 65.
Recorded vote in Assembly as follows:
In favour: Afghanistan, Albania, Algeria, Angola, Antigua and Barbuda, Argentina, Australia, Austria, Bahamas, Bahrain, Bangladesh, Barbados, Belgium, Belize, Benin, Bhutan, Bolivia, Botswana, Brazil, Brunei Darussalam, Bulgaria, Burkina Faso, Burundi, Byelorussian SSR, Cameroon, Canada, Cape Verde, Central African Republic, Chad, Chile, China, Colombia, Comoros, Congo, Costa Rica, Cote d'Ivoire, Cuba, Cyprus, Czechoslovakia, Denmark, Djibouti, Ecuador, Egypt, El Salvador, Ethiopia, Fiji, Finland, France, Gabon, Gambia, Germany, Ghana, Greece, Guatemala, Guinea, Guinea-Bissau, Guyana, Honduras, Hungary, Iceland, India, Indonesia, Iran, Iraq, Ireland, Italy, Jamaica, Japan, Jordan, Kenya, Kuwait, Lao People's Democratic Republic. Lebanon, Lesotho, Libyan Arab Jamahiriya, Liechtenstein, Luxembourg, Madagascar, Malawi, Malaysia, Maldives, Mali, Malta, Mauritania, Mexico, Mongolia, Morocco, Mozambique, Myanmar, Namibia, Nepal, Netherlands, New Zealand, Nicaragua, Niger, Nigeria, Norway, Oman, Pakistan, Papua New Guinea, Paraguay, Peru, Philippines, Poland, Portugal, Qatar, Romania, Rwanda, Saint Lucia, Saint Vincent and the Grenadines, Samoa, Saudi Arabia, Senegal, Seychelles, Sierra Leone, Singapore, Solomon Islands, Somalia, Spain, Sri Lanka, Sudan, Suriname, Swaziland, Sweden, Syrian Arab Republic, Thailand, Togo, Trinidad and Tobago, Tunisia, Turkey, Uganda, Ukrainian SSR, USSR, United Arab Emirates, United Kingdom, United Republic of Tanzania, Uruguay, Vanuatu, Venezuela, Viet Nam, Yemen, Yugoslavia, Zaire, Zambia, Zimbabwe.
Against: Israel, United States.
Speaking before the vote, the United States said that, despite its concerns over school closures and disruption of UNRWA activities, it did not support the text because of the harsh condemnation of Israel. With respect to raids on UNRWA installations, addressed in the resolution, Israel stated that the Agency was employing residents of the occupied territories who had been sentenced for security violations; the Palestinians were taking advantage of UNRWA and exploiting it to further their political goals.
Proposed University of Jerusalem "Al Quds"
As requested by the General Assembly in resolution 44/47 J [YUN 1989, p. 236], the Secretary-General reported [A/45/530] in September 1990 on efforts to establish a university for Palestine refugees in Jerusalem. The proposed university, first considered by the Assembly in 1980 [YUN 1980, p. 444], had since been the subject of nine further Assembly resolutions and annual reports of the Secretary-General on measures taken towards its establishment, including a functional feasibility study. In order to assist in completing the study, the Rector of the United Nations University, at the Secretary-General's request, made available the services of an expert to visit the area and meet with Israeli officials.
On 5 June 1990, the Secretary-General requested Israel to facilitate the visit of the expert. In a reply of 29 June, Israel referred to its previous statements, adding that it had voted consistently against the resolution on the subject, that its position remained unchanged and that the sponsors of the resolution sought to exploit higher education in order to politicize issues totally extraneous to genuine academic pursuits. Accordingly, Israel was unable to assist in taking the matter further.
In view of that position, the Secretary-General concluded, it had not been possible to carry out the study as planned.
GENERAL ASSEMBLY ACTION
On 11 December, the General Assembly adopted resolution 45/73 J.
The General Assembly,
Recalling its resolutions 36/146 G of 16 December 1981, 37/120 C of 16 December 1982, 38/83 K of 15 December 1983, 39/99 K of 14 December 1984, 40/165 D and K of 16 December 1985, 41/69 K of 3 December 1986, 42/69 K of 2 December 1987, 43/57 J of 6 December 1988 and 44/47 J of 8 December 1989,
Having considered the report of the Secretary-General,
Having also considered the report of the Commissioner-General of the United Nations Relief and Works Agency for Palestine Refugees in the Near East, covering the period from 1 July 1989 to 30 June 1990,
1. Emphasizes the need for strengthening the educational system in the Palestinian territory occupied by Israel since 5 June 1967, including Jerusalem, and specifically the need for the establishment of the proposed university;
2. Requests the Secretary-General to continue to take all necessary measures for establishing the University of Jerusalem "Al-Quds", in accordance with Assembly resolution 35/13 B of 3 November 1980, giving due consideration to the recommendations consistent with the provisions of that resolution;
3. Calls once more upon Israel, the occupying Power, to co-operate in the implementation of the present resolution and to remove the hindrances that it has put in the way of establishing the University of Jerusalem "Al-Quds";
4. Also requests the Secretary-General to report to the General Assembly at its forty-sixth session on the progress made in the implementation of the present resolution.
General Assembly resolution 45/73 J
11 December 1990 Meeting 65
Approved by Special Political Committee (A/45/822) by recorded vote (121-2), 26 November (meeting 22); 15-nation draft (A/SPC/45/L24);
agenda item 74. Meeting numbers. GA 45th session: SPC 5-7, 22; plenary 65.
Recorded vote in Assembly as follows:
In favour: Afghanistan, Albania, Algeria, Angola, Antigua and Barbuda, Argentina, Australia, Austria, Bahamas, Bahrain, Bangladesh, Barbados, Belgium, Belize, Benin, Bhutan, Bolivia, Botswana. Brazil, Brunei Darussalam, Bulgaria, Burkina Faso, Burundi, Byelorussian SSR, Cameroon, Canada, Cape Verde, Central African Republic, Chad, Chile, China, Comoros, Congo, Costa Rica, Cote d'Ivoire, Cuba, Cyprus, Czechoslovakia, Denmark, Djibouti, Ecuador, Egypt, El Salvador, Ethiopia, France, Gabon, Gambia, Germany, Ghana, Greece, Guatemala, Guinea-Bissau, Guyana, Honduras, Hungary, Iceland, India, Iran, Iraq, Ireland, Italy, Jamaica, Japan, Jordan, Kenya, People's Democratic Republic, Lebanon, Lesotho, Libyan Arab Jamahiriya,, Liechtenstein, Luxembourg, Madagascar, Malawi, Malaysia, Maldives, Mali, Malta, Mauritania, Mexico, Mongolia, Morocco, Mozambique, Myanmar, Namibia, Nepal, Netherlands, New Zealand, Niger, Nigeria, Norway, Oman, Pakistan, Papua New Guinea, Peru, Philippines, Poland, Portugal, Qatar, Romania, Rwanda, Saint Vincent and the Grenadines, Samoa, Saudi Arabia, Seychelles, Sierra Leone, Singapore, Solomon Islands, Samoa Sri Lanka, Sudan, Suriname, Swaziland, Sweden, Syrian Arab Republic, Thailand, Togo, Trinidad and Tobago, Tunisia, Turkey, Uganda, Ukrainian SSR, USSR, United Arab Emirates, United Kingdom, United Republic of Tanzania, Uruguay, Vanuatu, Venezuela, Viet Nam, Yemen, Yugoslavia, Zaire, Zambia, Zimbabwe.
Against; Israel, United States.
Though strongly supporting practical efforts to promote higher educational opportunities for Palestinian refugees, the United States said it opposed the text as an unreasonable and unworkable approach to the problem. Israel pointed out that before 1967 there had been no single functioning university in the territories, while since then six universities had been established, all enjoying academic freedom.
Scholarships
The Secretary-General reported [A/45/463] in September 1990 on responses to the appeal of the General Assembly in resolution 44/47 D [YUN 1989, p. 237] for special allocations for scholarships and grants to Palestine refugees, for which UNRWA acted as recipient and trustee.
During the academic year 1989/90, a total of 68 awards were made available by Japan, which had contributed $1 million to be spent over a period of five years. Scholarships were also granted by the Federal Republic of Germany, Kuwait and Switzerland. Fellowships were offered by UN agencies, including the World Intellectual Property Organization (WIPO), the International Maritime Organization (IMO), UNESCO, the Food and Agriculture Organization of the United Nations (FAO), the Universal Postal Union (UPU) and the World Health Organization (WHO). According to UNRWA [A/45/13], a total of 539 Palestine refugees were scholarship holders during the academic year 1989/90.
GENERAL ASSEMBLY ACTION
On 11 December 1990, the General Assembly adopted resolution 45/73 D.
Offers by Member States of grants and scholarships for higher education, including vocational training, for Palestine refugees
The General Assembly,
Recalling its resolution 212(111) of 19 November 1948 on assistance to Palestine refugees,
Regional questions
Recalling also its resolutions 35/13 B of 3 November 1980, 36/146 H of 16 December 1981, 37/120 D of 16 December 1982, 38/83 D of 15 December 1983, 39/99 D of 14 December 1984, 40/165 D of 16 December 1985, 41/69 D of 3 December 1986, 42/69 D of 2 December 1987,43/57 D of 6 December 1988 and 44/47 D of 8 December 1989,
Cognizant of the fact that the Palestine refugees have, for the last four decades, lost their homes, lands and means of livelihood,
Having considered the report of the Secretary-General,
Having also considered the report of the Commissioner-General of the United Nations Relief and Works Agency for Palestine Refugees in the Near East, covering the period from 1 July 1989 to 30 June 1990,
1. Urges all States to respond to the appeal contained in General Assembly resolution 32/90 F of 13 December 1977 and reiterated in subsequent relevant resolutions in a manner commensurate with the needs of Palestine refugees for higher education, including vocational training;
2. Strongly appeals to all States, specialized agencies and non-governmental organizations to augment the special allocations for grants and scholarships to Palestine refugees in addition to their contributions to the regular budget of the United Nations Relief and Works Agency for Palestine Refugees in the Near East;
3. Expresses its appreciation to all Governments, specialized agencies and non-governmental organizations that responded favourably to its resolutions 41/69 D, 42/69 D, 43/57 D and 44/47 D;
4. Invites the relevant specialized agencies and other organizations of the United Nations system to continue, within their respective spheres of competence, to extend assistance for higher education to Palestine refugee students;
5. Appeals to all States, specialized agencies and the United Nations University to contribute generously to the Palestinian universities in the Palestinian territory occupied by Israel since 1967, including, in due course, the proposed University of Jerusalem "Al-Quds" for Palestine refugees;
6. Also appeals to all States, specialized agencies and other international bodies to contribute towards the establishment of vocational training centres for Palestine refugees;
7. Requests the Agency to act as the recipient and trustee for the special allocations for grants and scholarships and to award them to qualified Palestine refugee candidates;
8. Requests the Secretary-General to report to the General Assembly at its forty-sixth session on the implementation of the present resolution.
General Assembly resolution 45/73 D
11 December 1990 Meeting 65 146-0-1 (recorded vote)
Approved by Special Political Committee (A/45/822) by recorded vote
(122-0-1), 26 November (meeting 221; 14-nation draft (A/SPC/45/L.18); agenda item 74. Meeting numbers. GA 45th session: SPC 5-7,22; plenary 65.
Recorded vote in Assembly as follows:
In favour: Afghanistan, Albania, Algeria, Angola, Antigua and Barbuda, Argentina, Australia, Austria, Bahamas, Bahrain, Bangladesh, Barbados, Belgium, Belize, Benin, Bhutan, Bolivia, Botswana, Brazil, Brunei Darussalam, Bulgaria, Burkina Faso, Burundi, Byelorussian SSR, Cameroon, Canada, Cape Verde, Central African Republic, Chad, Chile, China, Colombia, Comoros, Congo, Costa Rica, Cote d'Ivoire, Cuba, Cyprus, Czechoslovakia, Denmark, Djibouti, Ecuador, Egypt, El Salvador, Ethiopia, Fiji, Finland, France, Gabon, Gambia, Germany, Ghana, Greece, Guatemala, Guinea, Guinea-Bissau, Guyana, Honduras, Hungary, Iceland, India, Indonesia, Iran, Iraq, Ireland, Italy, Jamaica, Japan, Jordan, Kenya, Kuwait, Lao People's Democratic Republic, Lebanon, Lesotho, Libyan Arab Jamahiriya, Liechtenstein, Luxembourg, Madagascar, Malawi, Malaysia, Maldives. Mali, Malta, Mauritania, Mexico, Mongolia, Morocco, Mozambique, Myanmar, Namibia, Nepal, Netherlands, New Zealand, Nicaragua, Niger, Nigeria, Norway, Oman, Pakistan, Papua New Guinea, Paraguay, Peru, Philippines, Poland, Portugal, Qatar, Romania, Rwanda, Saint Lucia, Saint Vincent and the Grenadines, Samoa, Saudi Arabia, Senegal, Seychelles, Sierra Leone, Singapore, Solomon Islands, Somalia, Spain, Sri Lanka, Sudan, Surname, Swaziland, Sweden, Syrian Arab Republic, Thailand, Togo, Trinidad and Tobago, Tunisia, Turkey, Uganda, Ukrainian SSR, USSR, United Arab Emirates, United Kingdom, United Republic of Tanzania, United States, Uruguay, Vanuatu, Venezuela, Viet Nam, Yemen, Yugoslavia, Zaire, Zambia, Zimbabwe.
Against: None.
Abstaining: Israel.
Speaking before the vote in the Committee, the United States said it supported the practical approach to meeting the needs of refugees for higher education; it had reservations, however, with regard to the proposed University "Al-Quds".
Property right
Report of Secretary-General. In August 1990, the Secretary-General reported [A/4:)/429] on revenues derived from Palestine refugee property, as requested by General Assembly resolution 44/47 H [YUN 1989, p. 238] which he had brought in February 1990 to Israel's attention, requesting information on its implementation. He also had brought the relevant provisions of General Assembly resolutions 44/47 A-K to the attention of the Chairman of the United Nations Conciliation Commission for Palestine and to all Member States, requesting information in their possession concerning Arab property, assets and property rights in Israel.
Israel, in its reply of 29 June, stated that its position had been set out in statements to the Special Political Committee and in a 1989 report of the Secretary-General [YUN 1989, p. 238], adding that there was no legal basis for taking the steps proposed by the Assembly resolution, as property rights within the borders of a sovereign State were exclusively subject to that State's domestic laws. The right of States to regulate and dispose of property within their territory (and income derived from that property) was a generally accepted principle. Significantly, the resolution's sponsors had not suggested that similar steps be taken concerning the confiscated Jewish property in Arab countries. As a result of the 1948 war, approximately 800,000 Jewish refugees from Arab countries were resettled in Israel. The property they had left behind estimated to be worth billions of dollars, was expropriated by the Arab countries in which they had lived. There could be no difference in law, justice or equity between the claims of Arab and Jewish property owners, Israel asserted.
With regard to the Assembly's request for information from other Member States, no replies had been received, the Secretary-General reported.
Report of Conciliation Commission. In its forty-fourth annual report [A/45/382] covering the period from 1 September 1989 to 31 August 1990, the United Nations Conciliation Commission for Palestine stated that the circumstances that had limited its possibilities of action regarding compensation for Palestine refugee properties remained unchanged. The events that had occurred in the area had further complicated an already very complex situation. Nevertheless, the Commission continued to hope that the situation and related circumstances in the region would improve towards a comprehensive, just and lasting peace in the Middle East, thus enabling it to carry forward its mandate as defined by General Assembly resolution 194(111) [YUN 1948-49, p. 174].
GENERAL ASSEMBLY ACTION
On 11 December 1990, the General Assembly adopted resolution 45/73 H.
Revenues derived from Palestine refugees' properties
The General Assembly,
Recalling its resolutions 35/13 A to F of 3 November 1980, 36/146 C of 16 December 1981, 37/120 H of 16 December 1982, 38/83 H of 15 December 1983, 39/99 H of 14 December 1984, 40/165 H of 16 December 1985, 41/69 H of 3 December 1986, 42/69 H of 2 December 1987,43/57 H of 6 December 1988,44/47 H of 8 December 1989 and all its previous resolutions on the question, including resolution 194(111) of 11 December 1948,
Taking note of the report of the Secretary-General,
Taking note also of the report of the United Nations Conciliation Commission for Palestine, covering the period from 1 September 1989 to 31 August 1990,
Recalling that the Universal Declaration of Human Rights and the principles of international law uphold the principle that no one shall be arbitrarily deprived of his or her private property,
Considering the Palestine Arab refugees are entitled to their property and to the income derived there-from, in conformity with the principles of justice and equity,
Recalling in particular resolution 394(V) of 14 December 1950, in which it directed the United Nations Conciliation Commission for Palestine, in consultation with the parties concerned, to prescribe measures for the protection of the rights, property and interests of the Palestine Arab refugees,
Taking note of the completion of the programme of identification and evaluation of Arab property, as announced by the United Nations Conciliation Commission for Palestine in its twenty-second progress report, and of the fact that the Land Office had a schedule of Arab owners and file of documents defining the location, area and other particulars of Arab property,
1. Requests the Secretary-General to take all appropriate steps, in consultation with the United Nations Conciliation Commission for Palestine, for the protection and administration of Arab property, assets and property rights in Israel and to establish a fund for the receipt of income derived therefrom, on behalf of the rightful owners;
2. Calls once more upon Israel to render all facilities and assistance to the Secretary-General in the implementation of the present resolution;
3. Calls upon the Governments of all the other Member States concerned to provide the Secretary-General with any pertinent information in their possession concerning Arab property, assets and property rights in Israel, which would assist the Secretary-General in the implementation of the present resolution;
4. Deplores Israel's refusal to co-operate with the Secretary-General in the implementation of the resolutions on the question;
5. Requests the Secretary-General to report to the General Assembly at its forty-sixth session on the implementation of the present resolution.
General Assembly resolution 45/73 H 11 December 1990
Meeting 65 120-2-25 (recorded vote)
Approved by Special Political Committee (A/45/822) by recorded vote
(95-2-26), 26 November (meeting 22); 14-nation draft (ASPC/45/L.22);
Agenda item 74. Meeting numbers. GA 45th session: SPC 5-7, 22; plenary 65.
Recorded vote in Assembly as follows:
In favour: Afghanistan, Albania, Algeria, Angola, Antigua and Barbuda, Argentina, Bahamas, Bahrain, Bangladesh, Barbados, Belize, Benin, Bhutan, Bolivia, Botswana, Brazil, Brunei Darussalam, Burkina Faso, Burundi, Byelorussian SSR, Cameroon, Cape Verde, Central African Republic, Chad, Chile, China, Colombia, Comoros, Congo, Costa Rica, Cote d'Ivoire, Cuba, Cyprus, Djibouti, Ecuador, Egypt, El Salvador, Ethiopia, Fiji, Gabon, Gambia, Ghana, Greece, Guatemala, Guinea, Guinea-Bissau, Guyana, Honduras, India, Indonesia, Iran, Iraq, Jamaica, Jordan, Kenya, Kuwait, Lao People's Democratic Republic, Lebanon, Lesotho, Libyan Arab Jamahiriya, Madagascar, Malawi, Malaysia, Maldives, Mali, Malta, Mauritania, Mexico, Mongolia, Morocco, Mozambique, Myanmar, Namibia, Nepal, Nicaragua, Niger, Nigeria, Oman, Pakistan, Papua New Guinea, Paraguay, Peru, Philippines. Qatar, Rwanda, Saint Lucia, Saint Vincent and the Grenadines, Samoa, Saudi Arabia, Senegal, Seychelles, Sierra Leone, Singapore, Solomon Islands, Somalia, Spain, Sri Lanka, Sudan, Suriname, Swaziland, Syrian Arab Republic, Thailand, Togo, Trinidad and Tobago, Tunisia, Turkey, Uganda, Ukrainian SSR, USSR, United Arab Emirates, United Republic of Tanzania, Uruguay, Vanuatu, Venezuela, Viet Nam, Yemen, Yugoslavia, Zaire, Zambia, Zimbabwe.
Against: Israel, United States.
Abstaining: Australia, Austria, Belgium, Bulgaria, Canada, Czechoslovakia, Denmark, Finland, France, Germany, Hungary, Iceland, Ireland, Italy, Japan, Liechtenstein, Luxembourg, Netherlands, New Zealand, Norway, Poland, Portugal, Romania, Sweden, United Kingdom.
Before the Committee vote, the United States objected to the text on the grounds that it made no reference to necessary direct negotiations among all parties.
Refugee protection
In October 1990, the Secretary-General reported [A/45/641] on the implementation of General Assembly resolution 44/47 I [YUN 1989, p. 239] holding Israel responsible for the security of Palestine refugees in the occupied territory and calling on it to compensate UNRWA for the damage to Agency property and facilities resulting from its 1982 invasion of Lebanon.
Responding in June to the Secretary-General's February request for information on steps taken or envisaged to comply with the resolution, Israel stated that the adoption of the resolution was hypocritical, anachronistic and out of place. Despite its withdrawal from Lebanon in 1985, Israel was still being blamed for the suffering of the Palestinians in Lebanon and for Arab persecution of Palestinian refugees. Thousands of Palestinians had been killed and wounded in Lebanese refugee camps in vicious fighting totally unconnected with Israel. Likewise, Palestinian refugee camps in Syria and Jordan were the scenes of considerable human misery. The selective and distorted presentation of the Palestinian refugees' situation in Arab countries, Israel said, clearly illustrated the resolution's double standards and blatant disregard for the refugees' general welfare.
The Secretary-General cited the UNRWA Commissioner-General's report for the period from 1 July 1989 to 30 June 1990 [A/45/13], stating that, in consultation with the Secretary-General, he had continued his efforts in support of the safety and security of the Palestine refugees. In that connection, UNRWA international staff, in particular refugee affairs officers, assigned to the occupied territory had helped to lower tensions and prevent maltreatment of the refugees, especially of women and children. The Commissioner-General protested to the Israeli authorities against excessive use of force, collective punishment, punitive demolitions, sealing of shelters and other such measures, as a failure on Israel's part to uphold standards required under international humanitarian law.
Following Israel's withdrawal from the Saida and Tyre areas in 1985, there was nothing further to state in the context of the current report regarding the Palestine refugees in Lebanon, the report said.
GENERAL ASSEMBLY ACTION
On 11 December 1990, the General Assembly adopted resolution 45/73 I.
Protection of Palestine refugees
The General Assembly,
Recalling, in particular, recent Security Council resolutions 605(1987) of 22 December 1987/607(1988) of 5 January 1988, 608(1988) of 14 January 1988, 636(1989) of 6 July 1989, 641(1989) of 30 August 1989, 672(1990) of 12 October 1990 and 673(1990) of 24 October 1990,
Also recalling its resolutions ES-7/5 of 26 June 1982, ES-7/6 and ES-7/8 of 19 August 1982, ES-7/9 of 24 September 1982, 37/120 J of 16 December 1982, 38/83 I of 15 December 1983, 39/99 I of 14 December 1984, 40/165 I of 16 December 1985, 41/69 1 of 3 December 1986, 42/69 I of 2 December 1987, 43/21 of 3 November 1988,43/57 I of 6 December 1988 and 44/47 I of 8 December 1989,
Taking note of the report of the Secretary-General dated 21 January 1988, submitted in accordance with Security Council resolution 605(1987), and the report dated 31 October 1990, submitted in accordance with Council resolution 672(1990),
Having considered the report of the Secretary-General,
Having also considered the report of the Commissioner-General of the United Nations Relief and Works Agency for Palestine Refugees in the Near East, covering the period from 1 July 1989 to 30 June 1990,
Gravely concerned and alarmed by the deteriorating situation in the Palestinian territory occupied by Israel since 1967, including Jerusalem,
Taking into account the need to consider measures for the impartial protection of the Palestinian civilian population under Israeli occupation,
Referring to the humanitarian principles of the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949, and to the obligations arising from the regulations annexed to the Hague Convention IV of 1907,
Deeply concerned at the marked deterioration in the security situation experienced by the Palestine refugees as stated by the Commissioner-General in his report,
Deeply distressed at the suffering of the Palestinian and Lebanese population which has resulted from continuing Israeli acts of aggression against Lebanon and other hostile acts,
1. Holds Israel responsible for the security of the Palestine refugees in the occupied Palestinian territory, including Jerusalem, and other Arab territories occupied by Israel since 1967, and calls upon it to fulfil its obligations as the occupying Power in this regard, in accordance with the pertinent provisions of the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949;
2. Calls upon all the High Contracting Parties to the Convention to take appropriate measures to ensure respect by Israel, the occupying Power, for the Convention in all circumstances in conformity with their obligation under article 1 thereof;
3. Strongly urges the Security Council to consider the current situation in the occupied Palestinian territory, taking into account the recommendations contained in the reports of the Secretary-General dated 21 January 1988 and 31 October 1990;
4. Urges the Secretary-General, in consultation with the Commissioner-General of the United Nations Relief and Works Agency for Palestine Refugees in the Near East, to continue his efforts in support of the upholding of the safety and security and the legal and human rights of the Palestine refugees in all the territories under Israeli occupation in 1967 and thereafter;
5. Calls once again upon Israel to desist forthwith from acts of aggression against the Lebanese and Palestinian population in Lebanon;
6. Demands that Israel, the occupying Power, release forthwith all arbitrarily detained Palestine refugees, including the employees of the United Nations Relief and Works Agency for Palestine Refugees in the Near East;
7. Calls once again upon Israel to compensate the Agency for damages to its property and facilities resulting from the invasion of Lebanon by Israel in 1982, without prejudice to the letter's responsibility for all damages resulting from that invasion, as well as for other damages to the Agency resulting from the policies and practices of Israel, the occupying Power, in the occupied Palestinian territory;
8. Requests the Secretary-General, in consultation with the Commissioner-General, to report to the General Assembly, before the opening of its forty-sixth session, on the implementation of the present resolution.
General Assembly resolution 45/73 I
11 December 1990 Meeting 65 145-2 (recorded vote)
Approved by Special Political Committee (A/45/822) by recorded vote (120-2), 26 November (meeting 22); 14-nation draft (A/SPC/45/L,23/Rev.D, orally revised; agenda item 74.
Meeting numbers. GA 45th session: SPC 5-7, 22; plenary 65.
Recorded vote in Assembly as follows:
In favour: Afghanistan, Albania, Algeria, Angola, Antigua and Barbuda, Argentina, Australia, Austria, Bahamas, Bahrain, Bangladesh, Barbados, Belgium, Belize, Benin, Bhutan, Bolivia, Botswana, Brazil, Brunei Darussalam, Bulgaria, Burkina Faso. Burundi, Byelorussian SSR, Cameroon, Canada, Cape Verde, Central African Republic, Chad, Chile, China, Colombia. Comoros, Congo. Costa Rica, Cote d'Ivoire, Cuba, Cyprus, Czechoslovakia, Denmark, Djibouti, Ecuador, Egypt, El Salvador, Ethiopia, Fiji, Finland, France, Gabon, Gambia, Germany, Ghana, Greece. Guatemala, Guinea, Guinea-Bissau, Guyana, Honduras, Hungary, Iceland, India, Indonesia, Iran, Iraq, Ireland, Italy, Jamaica, Japan, Jordan, Kenya, Kuwait, Lao People's Democratic Republic, Lebanon, Lesotho, Libyan Arab Jamahiriya, Liechtenstein, Luxembourg, Madagascar, Malawi, Malaysia, Maldives, Mali, Malta, Mauritania, Mexico, Mongolia, Morocco. Mozambique, Myanmar, Namibia, Nepal, Netherlands, New Zealand, Nicaragua. Niger, Nigeria, Norway, Oman, Pakistan, Papua New Guinea, Paraguay, Peru, Philippines, Poland, Portugal, Qatar, Romania, Rwanda, Saint Lucia, Saint Vincent and the Grenadines, Samoa, Saudi Arabia, Senegal, Seychelles, Sierra Leone, Singapore, Solomon Islands, Somalia, Spain, Sri Lanka, Sudan, Suriname, Swaziland, Sweden, Syrian Arab Republic, Thailand, Togo, Trinidad and Tobago, Tunisia, Turkey, Uganda, Ukrainian SSR, USSR, United Arab Emirates, United Kingdom, United Republic of Tanzania, Uruguay, Vanuatu, Venezuela, Viet Nam, Yemen, Yugoslavia, Zaire, Zambia, Zimbabwe.
Against: Israel, United States.
Speaking before the Committee vote, the United States said it believed that Israel, as the occupying Power, had the authority and responsibility to maintain security in the West Bank and Gaza, and must carry out those obligations in strict accordance with the provisions of the 1949 Geneva Convention relative to the Protection of Civilian Persons in Time of War (fourth Geneva Convention).
Removal and resettlement of refugees
In September 1990, the Secretary-General reported [A/45/464] in accordance with General Assembly resolution 44/47 E [YUN 1989, p. 241] demanding that Israel desist from resettling Palestine refugees in the Palestinian territory occupied by it since 1967 and from destroying their shelters. In reply to the Secretary-General's February request for information regarding implementation of the resolution, Israel considered the resolution unbalanced and distorted in that it intentionally ignored the improved living conditions in the Gaza District, including the considerable increase of pupils attending schools, the significant drop in the illiteracy rate, the extensive development of medical care and the improvement of environmental services.
Since 1967, Israel had initiated community development projects in the Gaza District, enabling some 20,000 families—i.e., approximately 150,000 persons—to leave the refugee camps on a voluntary basis and relocate to nearby residential areas. That figure represented over one third of the total refugee population in Gaza.
Notwithstanding subversive efforts to the contrary, Israel stated that it was determined to pursue the task of improving the refugees' living conditions through projects such as the refugee housing programmes and would welcome all assistance from the international community in that regard.
The Secretary-General's report also contained information on the subject provided by the UNRWA Commissioner-General [A/45/13]. According to that information, shelter demolitions continued as punitive actions and on the grounds that they had been built without proper authority on State land outside camp boundaries. Israeli authorities had, to date, allocated approximately 3,914 plots of land in the Gaza Strip for housing projects. A total of 2,605 had been built on by 3,714 refugee families comprising 22,946 persons, buildings on 236 plots were under construction, 936 were still vacant and 137 had been built on by non-refugees. In addition, 3,034 refugee families, consisting of 18,823 persons, had moved into 2,666 completed housing units consisting of 5,893 rooms. Refugee families were continuing to purchase plots of land at subsidized rates for the construction of houses in projects developed by the Israeli authorities in the Belt Lahiya, Nazleh and Teles-Sultan areas. The construction of Israeli-sponsored multi-storey apartment blocks in Sheikh Radwan continued, but was slowed down considerably due to the prevailing situation.
With regard to the request to the Commissioner-General in resolution 44/47 E that he address the acute situation of the Palestine refugees in the occupied territory and extend all Agency services to them, the report noted that UNRWA had been providing emergency food, medical and other assistance to those in need in the territory and that it had begun a longer-term programme to upgrade infrastructure, especially in the camps, and to improve economic and social conditions (for details, see above).
The Secretary-General regretted that he was currently unable to comply with the Assembly's request that he resume issuing identification cards to all Palestine refugees and their descendants in the occupied territory, irrespective of whether they were recipients of UNRWA rations and services. Under an arrangement that had been followed for 40 years, he reported, all refugee families registered with UNRWA were in possession of Agency-issued registration cards, which indicated the number of family members and their eligibility for services but were not identification cards. The Commissioner-General did not have the means to issue identity cards as such, the Secretary-General added, but would keep the situation under review to see whether appropriate documentation regarding the registration status of individual members of refugee families could be issued.
GENERAL ASSEMBLY ACTION
On 11 December, the General Assembly adopted resolution 45/73 E.
Palestine refugees in the Palestinian territory occupied by Israel since 1967
The General Assembly,
Recalling Security Council resolution 237(1967) of 14 June 1967,
Recalling also its resolutions 2792 C (XXVI) of 6 December 1971, 2963 C (XXVII) of 13 December 1972, 3089 C (XXVIII) of 7 December 1973, 3331 D (XXIX) of 17 December 1974, 3419 C (XXX) of 8 December 1975, 31/15 E of 23 November 1976, 32/90 C of 13 December 1977, 33/112 E of 18 December 1978, 34/52 of 23 November 1979, 35/13 F of 3 November 1980, 36/146 A of 16 December 1981, 37/120 E and I of 16 December 1982, 38/83 E and J of 15 December 1983, 39/99 E and J of 14 December 1984, 40/165 E and J of 16 December 1985, 41/69 E and J of 3 December 1986, 42/69 E and J of 2 December 1987, 43/57 E of 6 December 1988 and 44/47 E of 8 December 1989,
Having considered the report of the Secretary-General,
Having also considered the report of the Commissioner-General of the United Nations Relief and Works Agency for Palestine Refugees in the Near East, covering the period from 1 July 1989 to 30 June 1990,
Recalling the provisions of paragraph 11 of its resolution 194(111) of 11 December 1948, and considering that measures to resettle Palestine refugees in the Palestinian territory occupied by Israel since 1967 away from their homes and property from which they were displaced constitute a violation of their inalienable right of return,
Alarmed by the reports received from the Commissioner-General that the Israeli occupying authorities, in contravention of Israel's obligation under international law, persist in their policy of demolishing shelters occupied by refugee families,
1. Strongly reiterates its demand that Israel desist from the removal and resettlement of Palestine refugees in the Palestinian territory occupied by Israel since 1967 and from the destruction of their shelters;
2. Requests the Commissioner-General of the United Nations Relief and Works Agency for Palestine Refugees in the Near East to address the acute situation of the Palestine refugees in the Palestinian territory occupied by Israel since 1967 and accordingly to extend all the services of the Agency to those refugees;
3. Requests the Secretary-General, in co-operation with the Commissioner-General, to resume issuing identification cards to all Palestine refugees and their descendants in the occupied Palestinian territory, irrespective of whether or not they are recipients of rations and services of the Agency;
4. Also requests the Secretary-General, after consulting with the Commissioner-General, to report to the General Assembly, before the opening of its forty-sixth session, on the implementation of the present resolution and in particular on Israel's compliance with paragraph 1 above.
General Assembly resolution 45/73 E 11 December 1990
Meeting 65 145-2 (recorded vote)
Approved by Special Political Committee (A/45/822) by recorded vote
(121-2), 26 November (meeting 22); 14-nation draft (A/SPC/45/L.19);
agenda item 74. Meeting numbers. GA 45th session: SPC 5-7, 22; plenary 65.
Recorded vote in Assembly as follows:
In favour: Afghanistan, Albania, Algeria, Angola, Antigua and Barbuda, Argentina, Australia, Austria, Bahamas, Bahrain, Bangladesh, Barbados, Belgium, Belize, Benin, Bhutan, Bolivia, Botswana, Brazil, Brunei Darussalam, Bulgaria, Burkina Faso, Burundi, Byelorussian SSR, Cameroon, Canada, Cape Verde, Central African Republic, Chad, Chile, China, Colombia, Comoros, Congo, Costa Rica, Cote d'Ivoire, Cuba, Cyprus, Czechoslovakia, Denmark, Djibouti, Ecuador, Egypt, El Salvador, Ethiopia, Fiji, Finland, France, Gabon, Gambia, Germany, Ghana, Greece, Guatemala, Guinea, Guyana, Haiti, Honduras, Hungary, Iceland, India, Indonesia, Iran, Iraq, Ireland, Italy, Jamaica, Japan, Jordan, Kenya. Kuwait, Lao People's Democratic Republic, Lebanon, Lesotho, Libya, Liechtenstein, Luxembourg, Madagascar, Malawi, Malaysia, Maldives, Mali, Malta, Mauritania, Mexico, Mongolia, Morocco, Mozambique, Myanmar, Namibia, Nepal, Netherlands, New Zealand, Nicaragua, Niger, Nigeria, Norway, Oman, Pakistan, Papua New Guinea, Paraguay, Peru, Philippines, Poland, Portugal, Qatar, Romania, Rwanda, Saint Lucia, Saint Vincent and the Grenadines, Samoa, Saudi Arabia, Senegal, Seychelles, Sierra Leone, Singapore, Solomon Islands, Somalia, Spain. Sri Lanka, Sudan, Suriname, Swaziland, Sweden, Syrian Arab Republic, Thailand, Togo, Trinidad and Tobago, Tunisia, Turkey, Uganda, Ukrainian SSR, USSR, United Arab Emirates, United Kingdom, United Republic of Tanzania, Uruguay, Vanuatu, Venezuela, Viet Nam, Yemen, Yugoslavia, Zaire, Zambia, Zimbabwe.
Against: Israel, United States.
The United States explained that it could not support the text as it referred to an "inalienable right of return" while making no reference to negotiations for a comprehensive and lasting peace among the parties, which would be necessary to resolve the underlying issues. The Commissioner-General should retain the authority to administer UNRWA's programmes with regard to such matters as issuance of identification cards without outside interference. Also, while opposing such measures as the destruction of dwellings in the territories, the United States did not object in principle to the concept of voluntary relocation of refugees.
UNRWA financing
In 1990, UNRWA's income under its General Fund amounted to $237.9 million. Of that amount, the Agency reallocated $4.6 million to fund a shortfall in income in funded ongoing activities and $0.3 million partially to fund the emergency-related programmes in Lebanon and the occupied territory, leaving the General Fund with a net income of $233 million. Total General Fund expenditure amounted to $229.9 million, leaving a surplus of income over expenditure of $3.1 million. After extraordinary adjustments, the Agency in 1990 was able to increase its working capital reserve by $2.7 million, to a level of $31.6 million. Capital and special projects were budgeted at $15 million, of which $3.9 million was funded through special contributions and $9.2 million from the General Fund.
Separate from the regular operations covered by the Agency's budget, UNRWA continued in 1990 to operate a supplementary budget for emergency operations in Lebanon, the West Bank and the Gaza Strip. Total 1990 expenditure for those activities amounted to $33.5 million, against a total income of $19.4 million.
According to the audited financial statements and the report of the Board of Auditors (A/46/5/Add.1), UNRWA's 1990 budget totalled $314.3 million, of which $257.8 million was for the regular budget and the rest for the emergency budgets of extraordinary character, i.e., $35.4 million for all funds of the Extraordinary Measures in Lebanon and the Occupied Territory (EMLOT), and $21.1 million for the Expanded Programme of Assistance (EPA).
Total expenditure in 1990 on the education programme amounted to $126.9 million, on the health programme $48.2 million, and on the relief and social services programme $27 million.
Working Group on UNRWA financing
In 1990, the Working Group on the Financing of UNRWA, established by the General Assembly in December 1970 [YUN 1970, p. 280] to study all aspects of the financing of the Agency, held two meetings, on 14 September and 11 October.
In its report to the Assembly [A/45/645), the Working Group noted that in 1989 UNRWA had received sufficient funding to enable it to deliver its regular programme as budgeted, except for construction. Expenditure on the regular programme amounted to some $222 million, but only $1.7 million had been received for construction out of a budgeted total of $11.3 million. In addition, the Agency continued to deliver emergency-related programmes in Lebanon, the West Bank and the Gaza Strip costing some $35 million a year from funds specifically contributed for those purposes. At the end of 1989, there was a balance of $29 million in the General Fund, slightly less than at the beginning of 1988, representing an operational reserve sufficient to maintain regular operations for about six weeks. The fund to finance ongoing emergency operations showed a balance at the end of 1989 of only $ 10 million.
According to current indications, it appeared that UNRWA would receive sufficient income to finance the essential part of its regular programme throughout 1990. As previously, however, the construction budget remained largely unfunded. By October, only one single contribution of $317,000 had been received out of a total budgeted expenditure of $12 million. Therefore, once again, much-needed construction had to be postponed. In addition, the Agency maintained three emergency-related programmes, financed from the EMLOT Fund, the EPA Fund and the Gaza Hospital Fund, respectively. The EMLOT Fund, for the financing of emergency operations such as the provision of food and additional medical and relief services, was seriously under-funded, and an additional $10 million was urgently needed to finance operations until the end of 1990. The EPA Fund, established in 1988 to finance a $65 million programme on infrastructural improvements, especially in the camps, was still short of about $35 million. Contributions to the Gaza Hospital Fund, set up in 1990 to finance a much needed general hospital of 200 beds in Gaza and running costs for three years, thus far amounted to only $7 million out of the total of $35 million required.
The Agency's budget for its regular programme in 1991 provided for a total expenditure of $254.6 million, approximately 5 per cent over the projected expenditure of $242.3 million for 1990. That increase reflected the need to provide services for a larger number of beneficiaries, especially in education, and to meet unavoidable salary and price increases. In addition to obtaining contributions to finance the regular programme in 1991, the Agency required $35 million to maintain its emergency measures, a further $35 million to finance its programme of infrastructural improvements and $28 million for the Gaza Hospital.
The Working Group expressed concern over the difficulties in maintaining the required level of contributions and strongly urged that Governments that did not contribute to UNRWA start doing so, those that had contributed only relatively small amounts should increase their contributions and those that had contributed generously should continue to do so and strive to increase their contributions. The Working Group also urged Governments to consider making special additional contributions in support of the emergency-related programmes and construction projects.
GENERAL ASSEMBLY ACTION
On 11 December, the General Assembly adopted resolution 45/73 B.
The General Assembly,
Recalling its resolutions 2656(XXV) of 7 December 1970, 2728(XXV) of 15 December 1970, 2791 (XXVI) of 6 December 1971,44/47 B of 8 December 1989 and the previous resolutions on this question,
Recalling also its decision 36/462 of 16 March 1982, whereby it took note of the special report of the Working Group on the Financing of the United Nations Relief and Works Agency for Palestine Refugees in the Near Ease and adopted the recommendations contained therein,
Having considered the report of the Working Group,
Taking info account the report of the Commissioner-General of the United Nations Relief and Works Agency for Palestine Refugees in the Near East, covering the period from 1 July 1989 to 30 June 1990,
Deeply concerned at the critical financial situation of the Agency, which has affected and affects the continuation of the provision of the necessary Agency services to the Palestine refugees, including the emergency-related programmes,
Emphasizing the continuing need for extraordinary efforts in order to maintain, at least at the present minimum level, the activities of the Agency, as well as to enable the Agency to carry out essential construction,
1. Commends the Working Group on the Financing of the United Nations Relief and Works Agency for Palestine Refugees in the Near East for its efforts to assist in ensuring the Agency's financial security;
2. Takes note with approval of the report of the Working Group;
3. Requests the Working Group to continue its efforts, in co-operation with the Secretary-General and the Commissioner-General, for the financing of the Agency for a further period of one year;
4. Requests the Secretary-General to provide the necessary services and assistance to the Working Group for the conduct of its work.
General Assembly resolution 45/73/5 11 December 1990
Meeting 65
Approved by Special Political Committee (A/45/822) without vote, 26 November (meeting 22); 14-nation draft (A/SPC/45/L.6); agenda item 74.
Meeting numbers. GA 45th session: SPC 5-7, 22; plenary 65.
Accounts for 1989
Following the audit of the UNRWA financial statements for the year ended 31 December 1989, the Board of Auditors made several recommendations [A/45/5/Add.3). The Advisory Committee on Administrative and Budgetary Questions (ACABQ) commented (A/45/570 & Corr.l] on the Board's report in October.
The General Assembly, in resolution 45/235, accepted the financial report and audited financial statements and the Board's audit opinion, and requested the Commissioner-General to report to it in 1991 on the measures taken to rectify the shortcomings identified by the audit of the Area Staff Provident Fund.
Legal matters
UNRWA staff
The Commissioner-General reported that the total number of staff arrested or detained without charge or trial in the occupied territories between 1 July 1989 and 30 June 1990 continued to increase, while in Lebanon the number of staff kidnapped or detained decreased. The Agency remained unable to obtain adequate and timely information on the reasons for the arrest and detention of its staff members, and thus was not in a position to ascertain whether the staff members' official functions were involved.
The treatment of staff in detention continued to cause considerable concern. Staff members, both local and international, were subjected to beatings and various other forms of physical abuse. In the Gaza Strip alone, more than 170 instances of alleged mistreatment of UNRWA staff were recorded and four local staff members were killed as alleged collaborators.
The Agency experienced more difficulties than during the previous year in visiting detained staff members, but had access to 13 staff members from the West Bank, including 9 held in detention centres in Israel. UNRWA also had access to 47 staff members from the Gaza Strip who were held in the Kitziot detention camp in the Negev and for the first time to two staff members held in the Beach detention camp, Gaza Town. However, the Agency had no access to staff members-from the Gaza Strip detained elsewhere or to one of the two staff members from Canada camp in the Sinai before their deportation from Egypt. The Agency also had no success in visiting staff in detention in Jordan, Lebanon and the Syrian Arab Republic.
There were difficulties in the travel of staff into and out of the West Bank and the Gaza Strip due to delays in the clearance of staff for travel, which was refused in some cases. The movement of staff within the West Bank and Gaza Strip was affected by frequent curfews and the designation of areas as closed military zones. In the Gaza Strip, local staff were allowed to move during curfews only if in possession of permits; the Israeli authorities, however, did not renew a substantial number of permits issued at the beginning of 1990, as a result of which UNRWA operations were impeded and even stopped in many areas during three periods of general curfew.
In resolution 45/73 I, the General Assembly demanded that Israel release all arbitrarily detained Palestine refugees, including UNRWA employees.
UNRWA services and premises
In addition to other activities, the Agency continued to support the upholding of the safety and security and the legal and human rights of the refugees. The major component of the programme of general assistance and protection was the assignment of 13 international staff members in the West Bank and 10 in the Gaza Strip as refugee affairs officers. By their presence, they helped lower tensions and prevent maltreatment of the refugees. In performing their functions, they sometimes succeeded in establishing a dialogue with Civil Administration officials and were able to assist on the spot in numerous matters affecting the welfare of the population.
As reported by the Commissioner-General, during the period from I July 1989 to 30 June 1990, there were 555 intrusions into UNRWA premises by Israeli security forces in the Gaza Strip and 191 such intrusions in the West Bank. In several cases, such intrusions resulted in injury to staff or damage to property. The Agency noted with concern an increasing number of intrusions into health centres in the Gaza Strip, where in June 1990 alone 22 such intrusions were registered.
There were also some incidents reported in which Israeli soldiers occupied Agency installations, using them as observation posts. In Jordan, despite the Agency's protest, authorities used some UNRWA installations, including the Wadi Seer Training Centre, as polling stations during the elections.
UNRWA also experienced difficulties in carrying out urgently needed construction in the occupied territory since Israel demanded that it first obtain permits. Thus, many projects were delayed or stopped.
The Commissioner-General reported that no progress had been made with regard to the Agency's various claims against Governments. Those included: claims against Israel for compensation for loss of and damage to UNRWA property during the 1967 hostilities and the invasion of Lebanon in 1982 and its military action before then;
claims against Jordan arising from the 1967 hostilities and the disturbances in 1970 and 1971; and claims against the Syrian Arab Republic relating mainly on the levy of certain taxes from which UNRWA believed it was exempt.
In resolution 45/73 I, the General Assembly called again on Israel to compensate UNRWA for damages to its property and facilities resulting from the 1982 invasion of Lebanon, as well as for other damages to the Agency resulting from Israeli policies and practices in the occupied territory.
Occupied territories
Territories occupied by Israel as a result of armed conflicts in the Middle East comprised the West Bank of the Jordan River, including East Jerusalem, the Gaza Strip and the Golan Heights in the Syrian Arab Republic. The United Nations continued in 1990 to monitor and take action with regard to the situation.
In December, after consideration of the report of the Special Committee to Investigate Israeli Practices Affecting the Human Rights of the Palestinian People and Other Arabs of the Occupied Territories (Committee on Israeli Practices), the General Assembly adopted seven resolutions condemning different types of human rights violations in the occupied territories. In another December resolution on the uprising of the Palestinian people, the Assembly also condemned those Israeli policies and practices which violated the human rights of the Palestinian people in the occupied territory and demanded that Israel abide scrupulously by the fourth Geneva Convention.
The Security Council discussed the situation in the occupied Arab territories at meetings in March, May, October, November and December. By resolution 681(1990) of 20 December, the Council, expressing grave concern at the dangerous deterioration of the situation in all the Palestinian territories occupied by Israel since 1967, including Jerusalem, and at the violence and rising tension in Israel, called on the High Contracting Parties to the fourth Geneva Convention to ensure respect by Israel for its obligations under the Convention.
The Committee on the Exercise of the Inalienable Rights of the Palestinian People (Committee on Palestinian Rights) continued to monitor the developments in the occupied Palestinian territory on an ongoing basis through different sources, drawing the attention of the Secretary-General and the President of the Security Council to the Israeli policies and practices there. In its annual report [A/45/35 & Corr.l], the Committee urgently appealed to the Security Council and to all concerned to take all necessary measures to ensure the safety and international protection of the Palestinians in the occupied territory pending the withdrawal of Israeli forces and the achievement of a just settlement.
The Committee on Israeli Practices also continued to collect from various sources, including oral testimony and written communications, information on the situation in the occupied territories and to assess the human rights situation there. On that basis, the Committee, in its twenty-second annual report [A/45/576], noted an alarming trend towards a hardening of Israeli repression and deterioration of the already precarious human rights conditions of the Palestinian and other Arab civilian population in the occupied territories.
The Commission on Human Rights adopted four resolutions related to the territories. In the first, affirming that the settlement of Israeli civilians there was illegal and contravened the relevant provisions of the fourth Geneva Convention, it called on Israel to refrain from settling immigrants in the territories. In two resolutions, the Commission condemned Israeli policies and practices violating human rights in the occupied territories. By the fourth resolution, it declared once more that the continued Israeli occupation of the Syrian Arab Golan and Israel's 1981 decision to impose its laws, jurisdiction and administration there were null and void and had no international legal effect.
Report of Palestinian Rights Committee. In its annual report [A/45/35 & Corr.l], the Committee on Palestinian Rights expressed deep concern that in its efforts to suppress the Palestinian uprising, Israel had continued to resort to the use of often excessive and indiscriminate force, including the shooting of demonstrators, intensive use of tear-gas and severe beating of detainees. As at 31 August 1990, according to the Data Base Project on Palestinian Human Rights, 856 Palestinians had been killed since the beginning of the uprising. Out of that number of identified cases, 704 had died from gunfire, 63 from beatings and oilier actions, and 89 in teargas-related incidents.
The Committee noted an alarming and rapid deterioration of the situation of children under 16, the casualty toll among whom was extremely high, reaching 25 per cent of the total number of victims. The Committee reported that Israeli occupation authorities continued to resort to a variety of harsh measures and collective punishment, including deportations, large-scale arrests, detention, raids on homes and villages, prolonged curfews, confiscation of property and destruction of trees and crops.
While noting as a positive gesture the formal steps taken by the Israeli authorities for gradual reopening of primary and secondary schools, the Committee deplored that they persisted in seriously disrupting the normal functioning of the schools as a form of collective punishment. The Committee also expressed concern that all Palestinian universities and institutions of higher education had been closed since the beginning of the uprising; however, some community colleges were allowed to reopen in the spring and Bethlehem University in the autumn of 1990.
The Committee voiced concern over the health situation in the occupied territory, particularly in Gaza. The availability of medical care, water, sewage disposal and other needed services was subject to restrictive controls by the occupation authorities, and the situation had been further aggravated by the repeated and extensive imposition of curfews. The Committee deplored that Israel had again refused to cooperate with the Special Committee of Experts set up by the World Health Assembly to study the health conditions of the inhabitants of the occupied territories; but is noted with appreciation that a number of international organizations, NGOs and private institutions had provided humanitarian assistance and had implemented projects dealing with sanitation, training of medical manpower, establishment of rehabilitation and primary health-care centres, medical laboratories and others.
The Committee, taking into account the continuing intolerable situation in the occupied Palestinian territory, drew once again the most urgent attention of the General Assembly and the Security Council to Israel's policies and practices, which, it said, were in violation of the Fourth Geneva Convention, and appealed for all necessary measures to ensure the safety and international protection of the Palestinians pending the withdrawal of Israeli forces and the achievement of a just settlement.
Report of Israeli Practices Committee. In September 1990, the Committee on Israeli Practices, established by the General Assembly in 1968, presented to the Secretary-General its twenty-second report covering the period from 25 August 1989 to 31 August 1990 and containing information on the Committee's activities and its conclusions. The report was transmitted to the Assembly in October by the Secretary-General [A/45/576). Earlier, in January and June, the Committee submitted two periodic reports [A/45/84 & A/45/306] containing factual information about developments that affected the human rights of the civilian population in the occupied territories.
The Committee held a series of meetings in Geneva (8-10 January, 21-22 May, 10-13 September), Damascus, Syria (24-26 May), Amman, Jordan (27-31 May) and Cairo, Egypt (2-4 June) to examine information on developments in the territories, as well as to consider information addressed to it by Governments, organizations and individuals in connection with its mandate. During its meetings from 21 May to 4 June, the Committee heard the testimony of 54 persons having first-hand knowledge of the human rights situation in the territories. The Committee worked in close co-operation with Egypt, Jordan and Syria, while Israel continued to withhold its co-operation.
On the basis of the information and evidence before it, the Committee drew an overall picture, which indicated an alarming trend towards the hardening of repression and a worsening of the already precarious human rights conditions of the Palestinian and other Arab civilian population in the occupied territories.
In the Committee's opinion, the Israeli authorities had persisted and become even more determined in their will to quell the Palestinian uprising. In addition to physical hardship caused by the indiscriminate resort to violence resulting in numerous losses of life, severe beatings, the use of tear gas, the denial of adequate medical care to the injured and other forms of harassment, very serious psychological damage affected the population, which was daily confronted with fear and humiliation.
The Committee illustrated its reports with particular cases of various measures against the civilian population, including harassment, prolonged curfews and economic sanctions. It reported a new punitive measure approved by the Israeli Defence authorities against persons alleged to be leading activists of the uprising, under which such persons would be banished from their region of residence to another region in the occupied territories for a fixed period, without their families. The Committee considered that, if implemented, that measure would constitute a serious human rights violation, as reprehensible as the arbitrary expulsion of Palestinians from the occupied territories, which had been brought by Israeli authorities to a temporary halt.
The Committee's annual and periodic reports contained information on measures affecting the enjoyment by Palestinians of various other fundamental freedoms, including the freedom of movement, education, religion and expression. Continuing acts of violence and large-scale aggression by Israeli settlers against the civilian population were also reported.
The Committee concluded that the period under review had been marked by a further escalation of the tension in the territories, which had reached a very dangerous level and could result in a major explosion in the area if urgent measures were not taken to remedy the grave human rights violations and ensure an effective protection of basic rights and freedoms. In view of the extreme gravity of the situation and the dangerous threat it represented to international peace and security, the Committee again stressed the need Co arrive through negotiations at a comprehensive, Just and lasting settlement of the Arab-Israeli conflict that would take into account the rights of all peoples in the area, including the national rights of the Palestinian people. In the mean time, the Committee recommended once again the implementation of a number of urgent measures which, in its opinion, would safeguard the basic human rights of the Palestinians and other Arabs in the territories.
Such measures could include: full application by Israel of the relevant provisions of the fourth Geneva Convention; full compliance with all UN resolutions pertinent to the Palestine question;
convening of an international conference under UN auspices, with the participation of all parties;
full co-operation by Israel with the International Committee of the Red Cross (ICRC) to protect detained persons; full support by Member States of ICRC activities and positive response to appeals for additional assistance; full support of UNRWA activities; and total Israeli cooperation with UNRWA.
In accordance with General Assembly resolution 44/48 A (YUN 1989, p. 222, the Secretary-General requested in March that Israel inform him of any steps taken or envisaged to implement the relevant provisions of that resolution, by which the Assembly had demanded that Israel desist from a number of policies and practices in the territories. In October, the Secretary-General reported [A/45/608] that Israel had not replied at the time of the preparation of the report. The Assembly resolution also had called on all States not to recognize any changes carried out by Israel in the occupied territories and to avoid actions that might be used by Israel in its pursuit of the policies of annexation and colonization or any part of the other policies and practices referred to in the resolution. Also in March, the Secretary-General had requested all States to inform him of any measures they had taken or envisaged taking in implementation of the resolution. Replies were received from Chad, Cuba, Czechoslovakia, the Holy See, New Zealand, Poland and the Ukrainian SSR. In pursuance of the same resolution, the Secretary-General also reported on the activities of DPI in response to the Assembly's request to ensure widest circulation of the reports of the Special Committee and of information on its activities and findings (see above, under "Public information activities").
GENERAL ASSEMBLY ACTION
On 11 December, the General Assembly adopted resolution 45/74 A.
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,
Aware of the uprising (intifadah) of the Palestinian people since 9 December 1987 against Israeli occupation, which has received significant attention and sympathy from world public opinion,
Deeply concerned at the alarming situation in the Palestinian territory occupied since 1967, including Jerusalem, as well as in the other occupied Arab territories, as a result of the continued occupation by Israel, the occupying Power, and of its persistent policies against the Palestinian people,
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,
Taking into account the need to consider measures for the impartial protection of the Palestinian people under Israeli occupation,
Recalling the relevant resolutions of the Security Council, in particular resolutions 605(1987) of 22 December 1987, 607(1988) of January 1988, 608(1988) of 14 January 1988, 636(1989) of 6 July 1989, 641(1989) of 30 August 1989, 672(1990) of 12 October 1990 and 673(1990) of 24 October 1990,
Recalling also 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, 35/122 C of 11 December 1980, 36/147 C of 16 December 1981, ES-9/1 of 5 February 1982,37/88 C of 10 December 1982, 38/79 D of 15 December 1983, 39/95 D of 14 December 1984, 40/161 D of 16 December 1985, 41/63 D of 3 December 1986, 42/160 D of 8 December 1987, 43/21 of 3 November 1988,43/58 A of 6 December 1988,44/2 of 6 October 1989 and 44/48 A of 8 December 1989,
Recalling further the relevant resolutions adopted by the Commission on Human Rights, in particular its resolutions 1983/1 of 15 February 1983, 1984/J of 20 February 1984, 1985/1 A and B and 1985/2 of 19 February 1985. 1986/1 A and B and 1986/2 of 20 February 1986, 1987/1, 1987/2 A and B and 1987/4 of 19 February 1987, 1988/1 A and B and 1988/2 of 15 February 1988 and 1988/3 of 22 February 1988, 1989/1 and 1989/2 of 17 February 1989 and 1989/19 of 6 March 1989, 1990/1, 1990/2 and 1990/3 of 16 February 1990 and 1990/6 of 19 February 1990,
Having considered the reports of the Special Committee to Investigate Israeli Practices Affecting the Human Rights of the Palestinian People and Other Arabs of the Occupied Territories, which contain, inter alia, self-incriminating public statements made by officials of Israel, the occupying Power,
Having also considered the reports of the Secretary-General of 21 January 1988, 15 October 1990 and 31 October 1990,
1. Commends the Special Committee to Investigate Israeli Practices Affecting the Human Rights of the Palestinian People and Other Arabs of the Occupied Territories for its efforts in performing the tasks assigned to it by the General Assembly and for its impartiality;
2. Deplores the continued refusal by Israel to allow the Special Committee access to the occupied Palestinian territory, including Jerusalem, and other Arab territories occupied by Israel since 1967;
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 Palestinian people in the occupied Palestinian territory, including Jerusalem, and other Arab territories occupied by Israel since 1967;
5. Condemns the continued and persistent violation by Israel of the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949, and other applicable international instruments, and condemns in particular those violations which the Convention designates as "grave breaches" thereof;
6. Declares once more that Israel's grave breaches of that Convention are war crimes and an affront to humanity;
7. Reaffirms, in accordance with the Convention, that the Israeli military occupation of the Palestinian territory, including Jerusalem, and other Arab territories is of a temporary nature, thus giving no right whatsoever to the occupying Power over the territorial integrity of the occupied territories;
8. Strongly condemns the following Israeli policies and practices:
(a) Annexation of parts of the occupied Palestinian territory, including Jerusalem;
(b) Imposition of Israeli laws, jurisdiction and administration on the Syrian Arab Golan, which has resulted in the effective annexation of that territory;
(c) Illegal imposition and levy of taxes and dues;
(d) Establishment of new Israeli settlements and expansion of the existing ones on private and public Palestinian and other Arab lands, and transfer of an alien population thereto;
(e) Eviction, deportation, expulsion, displacement and transfer of Palestinians and other Arabs from the occupied territories and denial of their right to return;
(f) Confiscation and expropriation of private and public Palestinian and other Arab property in the occupied territories and all other transactions for the acquisition of land by Israeli authorities, institutions or nationals;
(g) Excavation and transformation of the landscape and the historical, cultural and religious sites, especially at Jerusalem;
(h) Pillaging of archaeological and cultural property;
(i) Destruction and demolition of Palestinian and other Arab houses;
(j) Collective punishment, mass arrests, administrative detention and ill-treatment of Palestinians and other Arabs;
(k) Torture of Palestinians and other Arabs;
(l) Interference with religious freedom and practices as well as family rights and customs;
(m) Interference with the system of education and with the social and economic development and health of the Palestinians and other Arabs in the occupied territories;
(n) Interference with the freedom of movement of individuals within the occupied Palestinian territory, including Jerusalem, and other Arab territories occupied by Israel since 1967;
(o) Illegal exploitation of the natural wealth, resources and labour of the occupied territories;
9. Also strongly condemns, in particular, the following Israeli policies and practices:
(a) Implementation of an "iron-fist" policy against the Palestinian people in the occupied Palestinian territory;
(b) Escalation of Israeli brutality since the beginning of the uprising (intifadah) on 9 December 1987;
(c) Ill-treatment and torture of children and minors under detention and/or imprisonment;
(d) Closure of headquarters and offices of trade unions and social organizations and harassment of their leaders, including through expulsion, as well as attacks on hospitals and their personnel;
(e) Interference with the freedom of the press, including censorship, detention or expulsion of journalists, closure and suspension of newspapers and magazines, as well as denial of access to international media;
(f) Killing and wounding of defenceless demonstrators;
(g) Breaking of bones and limbs of thousands of civilians;
(h) House and/or town arrests;
(i) Use of toxic gas, which has resulted, inter alia, in the killing of many Palestinians;
10. Condemns the Israeli repression against and closing of the educational institutions in the occupied Syrian Arab Golan, particularly prohibiting Syrian text-books and the Syrian educational system, preventing Syrian students from pursuing their higher education in Syrian universities, denying the right of return to Syrian students receiving their higher education in the Syrian Arab Republic, forcing Hebrew on Syrian students, imposing courses that promote hatred, prejudice and religious intolerance, and dismissing teachers, all in clear violation of the Geneva Convention;
11. Strongly condemns the arming of Israeli settlers in the occupied territories to perpetrate and commit acts of violence against Palestinians and other Arabs, causing deaths and injuries;
12. 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 the occupied Palestinian territory, including Jerusalem, and other Arab territories occupied by Israel since 1967, and to initiate measures to halt Israeli policies and practices in those territories;
13. Urges the Security Council to consider the current situation in the Palestinian territory occupied by Israel since 1967, taking into account the recommendations contained in the reports of the Secretary-General, and with a view to securing international protection for the defenceless Palestinian people until the withdrawal of Israel, the occupying Power, from the occupied Palestinian territory;
14. Reaffirms that all measures taken by Israel to change the physical character, demographic composition, institutional structure or legal 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 those occupied territories constitutes a flagrant violation of the Geneva Convention and of the relevant resolutions of the United Nations;
15. Demands that Israel desist forthwith from the policies and practices referred to in paragraphs 8, 9, 10 and 11 above;
16. Calls upon Israel, the occupying Power, to allow the reopening of the Roman Catholic Medical Facility Hospice at Jerusalem in order to continue to provide needed health and medical services to the Palestinians in the city;
17. Also calls upon Israel, the occupying Power, to take immediate steps for the return of all displaced Arab and Palestinian inhabitants to their homes or former places of residence in the territories occupied by Israel since 1967, in implementation of Security Council resolution 237(1967) of 14 June 1967;
18. Urges international organizations, including the specialized agencies, in particular the International Labour Organisation, the United Nations Educational, Scientific and Cultural Organization and the World Health Organization, to continue to examine the educational and health conditions in the occupied Palestinian territory, including Jerusalem, and other Arab territories occupied by Israel since 1967;
19. 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, including the specialized agencies, not to recognize any changes carried out by Israel, the occupying Power, in the occupied territories and to avoid actions, including those in the field of aid, that 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;
20. Requests the Special Committee, pending early termination of the Israeli occupation, to continue to investigate Israeli policies and practices in the occupied Palestinian territory, including Jerusalem, and other Arab territories occupied by Israel since 1967, to consult, as appropriate, with the International Committee of the Red Cross in order to ensure that the welfare and human rights of the peoples of the occupied territories are safeguarded and to report to the Secretary-General as soon as possible and whenever the need arises thereafter;
21. Also requests the Special Committee to submit regularly to the Secretary-General periodic reports on the present situation in the occupied Palestinian territory;
22. Further requests the Special Committee to continue to investigate the treatment of prisoners in the occupied Palestinian territory, including Jerusalem, and other Arab territories occupied by Israel since 1967;
23. Condemns Israel's refusal to permit persons from the occupied Palestinian territory to appear as witnesses before the Special Committee and to participate in conferences and meetings held outside the occupied Palestinian territory;
24. Requests the Secretary-General:
(a) To provide all necessary facilities to the Special Committee, including those required for its visits to the occupied territories, so that it may investigate the Israeli policies and practices referred to in the present resolution;
Regional questions
(b) To continue to make available such additional staff as may be necessary to assist the Special Committee in the performance of its tasks;
(c) To circulate regularly and periodically the reports mentioned in paragraph 21 above to the States Members of the United Nations;
(d) 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;
(e) To report to the General Assembly at its forty-sixth session on the tasks entrusted to him in the present resolution;
25. Decides to include in the provisional agenda of its forty-sixth session the item entitled "Report of the Special Committee to Investigate Israeli Practices Affecting the Human Rights of the Palestinian People and Other Arabs of the Occupied Territories".
General Assembly resolution 45/74 A
11 December 1990 Meeting 65 101-2-43 (recorded vote)
Approved by Special Political Committee (A/45/823) by recorded vote
(80-2-36), 28 November (meeting 27); 12-nation draft (A/SPC/45/L.27);
agenda item 75. Meeting numbers. GA 45th session: SPC 18, 20,22, 24, 26, 27; plenary 65.
Recorded vote in Assembly as follows:
In favour: Afghanistan, Albania, Algeria, Angola, Argentina, Bahrain, Bangladesh, Belize, Benin, Bhutan, Bolivia, Botswana, Brazil, Brunei Darussalam, Burkina Faso, Burundi, Byelorussian SSR, Cape Verde, Chad, Chile, China, Colombia, Comoros, Congo, Cuba, Cyprus, Djibouti, Ecuador, Egypt, Ethiopia, Gabon, Gambia, Ghana, Guatemala, Guinea, Guinea-Bissau, Guyana, India, Indonesia, Iran, Iraq, Jordan, Kenya, Kuwait, Lao People's Democratic Republic, Lebanon, Lesotho, Libyan Arab Jamahiriya, Madagascar, Malaysia, Maldives, Mali, Mauritania, Mexico, Mongolia, Morocco, Mozambique, Myanmar, Namibia. Nepal, Nicaragua, Niger, Nigeria, Oman, Pakistan, Papua New Guinea, Paraguay, Peru, Philippines, Qatar, Rwanda, Saint Lucia, Saudi Arabia, Senegal, Seychelles, Sierra Leone, Singapore, Solomon Islands, Somalia, Sri Lanka, Sudan, Suriname, Swaziland, Syrian Arab Republic, Thailand, Trinidad and Tobago, Tunisia, Turkey, Uganda, Ukrainian SSR, USSR, United Arab Emirates. United Republic of Tanzania, Vanuatu, Venezuela, Viet Nam, Yemen, Yugoslavia, Zaire, Zambia, Zimbabwe.
Against: Israel, United States.
Abstaining: Antigua and Barbuda, Australia, Austria, Bahamas, Barbados, Belgium, Bulgaria, Cameroon, Canada, Central African Republic, Costa Rica, Cote d'Ivoire, Czechoslovakia, Denmark, El Salvador, Finland, France, Germany. Greece, Honduras, Hungary, Iceland, Ireland, Italy, Jamaica, Japan, Liechtenstein, Luxembourg, Malawi, Malta, Netherlands, New Zealand, Norway, Poland, Portugal, Romania, Saint Vincent and the Grenadines, Samoa, Spain, Sweden, Togo, United Kingdom, Uruguay.
Both the Assembly and the Special Political Committee adopted paragraph 6 separately, by recorded votes of 75 to 24, with 37 abstentions, and of 63 to 20. with 32 abstentions, respectively.
Before the vote in the Committee, the United States said it objected strongly to the text which, in its view, contained sweeping condemnations of a long list of unsubstantiated Israeli practices. Also, it could not support language urging the Security Council to consider measures to secure "international protection" for the Palestinians, which was impractical and did not address the underlying problems. It further wished to record again its objection to the expense the Committee on Israeli Practices posed on the UN budget, particularly at a time of scarce financial resources.
Incidents
The Security Council convened on several occasions throughout 1990 to consider the situation in the occupied Arab territories. In March, it met to look at the question of Israeli settlements (see below). The series of Council meetings in May was convened at the request of Bahrain [S/21300], on behalf of the Arab Group, to consider what was termed "the crime of collective murder committed by Israel against the Palestinian people". The Chairman of the Committee on Palestinian Rights, in a letter to the Secretary-General [A/-14/947-S/21303], referred to media reports that on 20 May a former Israeli soldier, in army trousers and armed with an assault rifle, shot to death seven Palestinians and wounded 11 others in the Tel Aviv suburb of Rishon Le Zion. Defying a curfew imposed by the Israeli army, Palestinians had taken to the streets in great numbers throughout the occupied territory to protest the massacre. In ensuing confrontations, Israeli troops shot and killed seven more Palestinians and wounded at least 650 more.
On 22 May, the Security Council President was asked [S/2l306] by the Permanent Observer of Palestine to the United Nations to invite PLO Chairman Yasser Arafat to participate in the Council debate. Simultaneously, PLO requested an entry visa to the United States for Mr. Arafat However, before the United States took any decision on that request, the Council, after daylong consultations on 22 May, decided to hold its first meeting on the matter in Geneva on 25 May [S/21309]. For the first time in Council history, the locale of its meeting was shifted to Geneva.
The Palestinian Observer's request that Mr. Arafat be invited to participate in the debate under rule 37 of the Council's provisional rules of procedure (which would confer on PLO the same rights of participation as those granted a Member State) was approved by 11 votes to 1 (United States), with 3 abstentions (Canada, France, United Kingdom). The United States, which had requested the vote, took the position that the Council did not have before it a valid request to speak and the PLO should be given permission to speak only if the request complied with Council rule 39 (concerning Secretariat members or other persons whom the Council may invite to supply it with information or give other assistance).
Leading off the Council debate, PLO Chairman Arafat said the request for a meeting stemmed from the realization that the situation had reached an "extremely dangerous and explosive point" and required urgent international action. The Palestinian people expected the Security Council to shoulder its responsibility to protect their lives and end occupation. He proposed the designation by the Secretary-General of a permanent envoy to work full-time on the peace process and engage in the contracts necessary to secure a peaceful, just and lasting solution to the Arab-Israeli conflict, as well as the adoption of a Council resolution providing international protection to the Palestinian people under the UN flag and by means of international force. He also proposed adoption of another resolution to stop settler immigration to the occupied territories in order to prevent completely the construction and expansion of Israeli settlements there.
Israel stated that the Council had been convened not to advance peace and security, but to retard it. After two recent bus attacks in which over 16 people died and 42 were wounded, PLO had hailed the killers as heroes and promised more "such heroic actions". In Israel's view, having incited, promoted, fanned and spread the violence in the territories, PLO now had the Council convened to condemn Israel for putting down that violence. The Council's convening was bound to foment more violence, as there could be only one message to the perpetrators from such a meeting.
Israel was committed to peace which relied on two foundations: non-belligerency pacts between Israel and the Arab States, and the path Israel had offered towards a political solution for the territories, which included free elections, the rehabilitation of refugee camps and a period of autonomy followed by negotiations over the territories' final status.
After Council consultations, it was decided to continue consideration of the item on the agenda at United Nations Headquarters in New York.
SECURITY COUNCIL ACTION
On 31 May, the Council voted on a draft resolution [S/21326] sponsored by Colombia, Cote d'Ivoire, Cuba, Ethiopia, Malaysia, Yemen and Zaire, by which the Council would have established and dispatched immediately a commission of three Council members to the occupied territories in order to examine the situation relating to Israel's policies and practices there. It would have requested the commission to submit to the Council by 20 June its recommendations on ways and means for ensuring the safety and protection of the Palestinian civilians under Israeli occupation.
The vote was 14 to 1, as follows:
In favour: Canada, China, Colombia, Cote d'Ivoire, Cuba, Ethiopia, Finland, France, Malaysia, Romania, USSR, United Kingdom, Yemen, Zaire.
Against: United States.
The draft was not adopted owing to the negative vote of a permanent Council member.
Speaking after the vote, the United States said that the draft resolution did not focus on the real needs of moving die peace process forward and might be misused to generate more needless controversy and dispute. The United States remained committed, to working with the parties for a just, lasting and comprehensive peace in the Middle East. It would support practical steps that responded to the spiral of troubling events, but those steps must not hinder the peace process.
Meeting numbers SC 2923-2926.
After an incident at an UNRWA clinic on 12 June, the Council President on 19 June, following consultations, issued a statement on behalf of the Council members [S/21363]:
The members of the Council strongly deplore the incident which occurred on 12 June 1990 in a clinic belonging to the United Nations Relief and Works Agency for Palestine Refugees in the Near East, located near Shati camp in Gaza, in which several innocent Palestinian women and children were wounded by a teargas grenade thrown by an Israeli officer.
They are dismayed to find that the penalty imposed on that officer has been commuted.
They reaffirm that the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949, is applicable to the Palestinian and other Arab territories occupied by Israel since 1967, including Jerusalem, and request the High Contracting Parties to ensure respect for the Convention.
The members of the Council call upon Israel to abide by its obligations under chat Convention.
Refugee camp incident
By a letter of 21 September [A/45/532-S/21809|, the Permanent Observer of Palestine called the Secretary-General's attention to the situation in Gaza where, he said, during the past two days alone, 180 Palestinians had been injured, 200 in the age group of 12 to 45 had been detained, 50 homes had been demolished and more than half of the Palestinian inhabitants of a refugee camp had been evicted. The camp was still under siege by the Israeli occupying army and a curfew had been imposed in the area. Further, Israel had prevented ICRC, UNRWA and the media from entering the area. Such a situation should no longer be tolerated, the Observer stated, and Palestine called on the world community to take immediate action; it particularly called on the Security Council to invoke the powers vested in it by the Charter and to demand that Israel respect and carry out the Council's decisions.
Starting on 5 October, at the request of Yemen [S/21530), the Council held further meetings on the situation in the occupied territories.
Approval of the request by the Palestine Observer [S/21544] to participate was by the same vote as in May, after the United States had restated its negative position on such participation.
Speaking before the Council, Israel stated that convening the Council as a primer for the General Assembly November debates on the Middle East was an inveterate PLO ritual, as every October and early November without fail PLO and its supporters unearthed one flimsy excuse or another. According to Israel, there had been no massacre at the refugee camp, just as there was no worsening of the situation in the territories to speak of and therefore no justifiable reason to convene the Council. As told by Israel, an Israeli civilian called up for his annual reserve duty had been burned alive on 20 September by a lynch mob, after he had taken a wrong turn into the camp. Following his murder, the Israel Defence Forces decided to expedite plans to broaden the road on which the incident had occurred in order to ensure that such lynchings were not repeated. The camp had long been a hotbed of agitation, Israel added, while the portion of the road at the camp entrance had been the scene of numerous attacks in the past. Israel stressed that it continued to pursue a policy of utmost restraint, even in the wake of the incident.
Haram al-Sharif (Al-Aqsa) Mosque and Western Wall incidents
Following a violent incident on 8 October at the Haram al-Sharif (Al-Aqsa) Mosque in Jerusalem, during which Palestinians were killed and wounded, the Council reconvened on 9 October. It did not act on a draft resolution tabled that same day by Colombia, Cote d'Ivoire, Cuba, Ethiopia, Malaysia, Yemen and Zaire (S/21851] By that text, the Council would have decided to establish and immediately dispatch a commission of three of its members in order to examine the current situation in Jerusalem; requested the commission to present a report by 20 October, containing recommendations on ways to ensure the safety and protection of Palestinian civilians;
and decided to meet again in the light of the commission's findings.
SECURITY COUNCIL ACTION
The Security Council, on 12 October, adopted resolution 672(1990).
The Security Council,
Recalling its resolutions 476(1980) of 30 June 1980 and 478(1980) of 20 August 1980,
Reaffirming that a just and lasting solution to the Arab-Israeli conflict must be based on its resolutions 242(1967) of 22 November 1967 and 338(1973) of 22 October 1973, through an active negotiating process which takes into account the right to security for all States in the region, including Israel, as well as the legitimate political rights of the Palestinian people,
Taking info consideration the statement of the Secretary-General relative to the purpose of the mission he is sending to the region and conveyed to the Council by the President on 12 October 1990,
1. Expresses alarm at the violence which took place on 8 October at the Haram al-Sharif and other Holy Places of Jerusalem resulting in over twenty Palestinian deaths and the injury of more than one hundred and fifty people, including Palestinian civilians and innocent worshippers;
2. Condemns especially the acts of violence committed by the Israeli security forces resulting in injuries and loss of human life;
3. Calls upon Israel, the occupying Power, to abide scrupulously by its legal obligations and responsibilities under the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949, which is applicable to all the territories occupied by Israel since 1967;
4. Requests, in connection with the decision of the Secretary-General to send a mission to the region, which the Council welcomes, that lie submit a report to the Security Council before the end of October 1990, containing his findings and conclusions and that he use as appropriate all of the resources of the United Nations in the region in carrying out the mission.
Security Council resolution 672(1990)
12 October 1990 Meeting 2948 Adopted unanimously
7-nation draft (S/21859).
Sponsors: Canada, Cote d'Ivoire, Finland, France, USSR, United King, Zaire.
Meeting numbers. SC 2945-2948.
Before the voting, the President of the Council made the following statement in connection with; the draft resolution:
In the informal consultations of members of the Council which led up to the consideration of this draft resolution, the Secretary-General explained that the purpose of the mission which he would be sending to the region would be to look into the circumstances surrounding the recent tragic events in Jerusalem and other similar developments in the occupied territories, and to submit by 24 October 1990 a report containing findings and recommendations to the Council on ways and means for ensuring the safety and protection of the Palestinian civilians under Israeli occupation. He recalled, however, that under the fourth Geneva Convention the principal responsibility for ensuring the protection of the Palestinians rested with the occupying Power, namely Israel.
Following the adoption of the resolution, Israel expressed regret, saying the text failed to condemn cause of the tragic events in Jerusalem unprovoked Arab attack on Jewish worshippers at the holiest site of the Jewish people: the Western Wall. In its opinion, the resolution could not contribute to the efforts to restore tranquillity, normalcy and peace. It was also regrettable that the Council fell into the trap laid by Saddam Hussein and his PLO supporters, who inspired the riots in order to divert attention from Iraq's aggression.
SECURITY COUNCIL ACTION
On 24 October, the Council resumed its consideration of the item.
Following debate, the Council adopted resolution 673(1990).
The Security Council,
Reaffirming the obligations of Member States under the Charter of the United Nations,
Reaffirming also its resolution 672(1990) of 12 October 1990,
Having been briefed by the Secretary-General on 19 October 1990,
Expressing alarm at the rejection of resolution 672(1990) by the Israeli Government, and its refusal to accept the mission of the Secretary-General,
Taking into consideration the statement of the Secretary-General relative to the purpose of the mission he is sending to the region and conveyed to the Council by the President on 12 October 1990,
Gravely concerned at the continued deterioration of the situation in the occupied territories,
1. Deplores the refusal of the Israeli Government to receive the mission of the Secretary-General to the region;
2. Urges the Israeli Government to reconsider its decision and insists that it comply fully with resolution 672(1990) and permit the mission to proceed in keeping with its purpose;
3. Requests the Secretary-General to submit to the Security Council the report requested in resolution 672(1990);
4. Affirms its determination to give full and expeditious consideration to the report.
Security Council resolution 673(1990) 2
4 October 1990 Meeting 2949 Adopted unanimously
4-nation draft (S/21893).
Sponsors: Colombia, Cuba, Malaysia, Yemen.
Preceding adoption of the resolution, Israel informed the Council that it had appointed an independent commission of inquiry consisting of three prominent public figures, which was investigating the incident of 8 October—hearing both Arab and Jewish witnesses—and would shortly present its findings and conclusions on the chain of events, their causes and the actions of Israel's security forces. Israel had expressed its readiness to assist the Secretary-General in the preparation of his report, requested by the Council on 12 October; yet, like any sovereign State, Israel was the exclusive authority in the territory under its control, even under the terms of reference of resolution 672(1990).
Report of Secretary-General (31 October). In accordance with Security Council resolution 672(1990), the Secretary-General, on 31 October, presented the report requested [S/21919 & Corr.l & Add.l-3]. He informed the Council that, following the adoption of that resolution, he had met several times with the Acting Permanent Representative of Israel who conveyed to him a copy of the statement adopted by the Israeli Cabinet on 14 October. In that statement, Israel declared that both resolution 672(1990) and the statement of the President of the Security Council before its adoption were totally unacceptable to it. In Israel's view, the Council had completely disregarded the attack against Jewish worshippers on the holiday of Succot at the Western Wall and did not condemn those who had attacked them. Israel expressed regret over the loss of life that occurred as a result of events on the Temple Mount and informed that it had appointed an independent commission of inquiry. Israel further emphasized that Jerusalem was not, in any part, "occupied territory" but the sovereign capital of the State of Israel; therefore, there was no room for any involvement on the part of the United Nations in any matter related to Jerusalem. Given the above, Israel stated that it would not receive the delegation of the Secretary-General. On 31 October, Israel reiterated its position.
Thus, the Secretary-General said, he had been unable to secure independent information, on the spot, about the circumstances surrounding the events in Jerusalem and similar developments in the West Bank and Gaza Strip.
In his observations, the Secretary-General recalled his principal recommendation of January 1988 [YUN 1988, p. 235] that, with respect to ensuring the safety and protection of the Palestinian population, the international community should make a concerted effort to persuade Israel to accept the applicability of the fourth Geneva Convention to the occupied territories and to correct its practices in order to comply fully with that Convention. In addition, the number of international staff serving with UNRWA in the territories had been increased from 15 to 51, as had the international delegation of ICRC increased from 15 to 45. Those additional staff members had helped defuse tense situations, avert maltreatment of vulnerable groups, reduce interference with the movement of ambulances, and facilitate the provision of food and medical aid during curfews. However, Palestinians considered that far more was required on the part of the international community to ensure the safety and protection of the civilian population in the occupied territories. Palestinians had expressed a profound feeling of vulnerability at all times, whether in the, workplace, at school, in places of worship or simply walking down the street. They felt unsafe even inside their homes, which were frequently subjected to midnight searches, during which arrests were common, and a wide range of collective punishments became routine, such as curfews, the demolition of homes and administrative detention. According to the Secretary. General, Palestinians had inquired whether UNTSO military observers stationed in Jerusalem could be assigned to monitor the situation in the occupied territories.
Over the past three years, the Secretary-General reported, he had frequently voiced his concern about the situation to senior Israeli officials. They maintained that measures such as administrative detention, curfews and the closure of schools and universities had been carried out in order to restore calm and put an end to the unrest. They pointed out that Israel retained exclusive control over the territories it administered and, even under the fourth Geneva Convention, it would be up to Israel to maintain law and order there. The officials also noted that the security forces were adhering to strict regulations determined by the Minister for Defence, violations off which were punishable. With regard to the need for the safety and protection of the Palestinians, the Israeli authorities pointed out that the many Palestinians who had been killed by other Palestinians should be a matter of equal concern to the international community.
Towards the end of June, reported the Secretary-General, he had sent a Personal Representative to the area to look into the question of protection in the occupied territories and to report back to him personally. On 13 July, in a statement to the Council in informal consultations, the Secretary-General had said that he intended to pursue Ins initiative with the Israeli authorities in an effort to persuade them to comply fully with their obligations under the fourth Geneva Convention. At the same time, he had stressed that if the High Contracting Parties felt that further measures—such as the designation of a Protecting Power— were required, then it was up to them to take such a decision under procedures carefully spelt out in the Convention.
Had it been possible for him to send a mission to the area at the current time, said the Secretary-General, it would have followed up on the discussions begun earlier with the Israeli authorities and the Palestinian leadership, when the former had indicated that they would be implementing new measures in the territories. The Secretary-General noted that, in the subsequent months, there had been a decreased military presence in the territories and a decline in casualties resulting from actions involving the Israeli security forces, and certain academic institutions had been reopened. Nevertheless, he felt that the essential facts of the occupation had not changed and the potential for friction and confrontation between Israelis and Palestinians had remained very high, as evidenced by the tragic events of 8 October. The spate of violent attacks since then, bringing with it more bloodshed on both sides, had generated further mistrust and bitterness.
For any measure of protection of Palestinians in the occupied territories to be ensured, the co-operation of the Israeli authorities was absolutely essential, the Secretary-General stated. With regard to the Palestinians' appeals for an impartial presence, properly mandated by the United Nations, he said that was a matter for the Security Council to decide; the mandate for the UN personnel in the area, whether civilian or military, derived from the competent UN bodies and he did not have the competence to act on his own.
Concluding, the Secretary-General underlined that it was a political conflict that was at the heart of the tragic events that had led to the adoption of resolutions 672(1990) and 673(1990). The determination of the Palestinians to persevere with the intifadah was evidence of their rejection of the occupation and their commitment to exercise their legitimate political rights, including self-determination. Under the circumstances, he considered it essential that progress be made soon to ensure an effective negotiating process, acceptable to all, that could secure the interests of both Israelis and Palestinians and enable them to live in peace with each other. For his part, he declared, he would do whatever he could to be of help.
Further developments
On 7 November, the Security Council resumed its consideration of the situation in the occupied territories. Lebanon, at its request, was invited to participate in the discussion without the right to vote.
On 15 November, Colombia, Cuba, Malaysia and Yemen submitted a draft resolution, subsequently revised by the sponsors (S/21933/Rev.3], by which the Council would have deplored Israel's refusal to comply with resolutions 672(1990) and 673(1990) as well as its decision to resume deportations of Palestinian civilians in the territories, and would have welcomed the idea of convening a Meeting of the High Contracting Parties to the fourth Geneva Convention. The Council took no action in the text. On 16 November, at the request Egypt, as Chairman of the Islamic Group at the United Nations, an invitation to participate in the debate was extended to the Organization of the Islamic Conference.
SECURITY COUNCIL ACTION
The Council held several meetings in December, which were adjourned four times in response to motions by the USSR and the United Kingdom before adopting, on 20 December, resolution 681(1990).
The Security Council,
Reaffirming obligations of Member States under the Charter of the United Nations,
Reaffirming also the principle of the inadmissibility of the acquisition of territory by war, set forth in resolution 242(1967) of 22 November 1967,
Having received the report of the Secretary-General submitted in accordance with resolution 672(1990) of 12 October 1990 on ways and means of ensuring the safety and protection of the Palestinian civilians under Israeli occupation, and taking note in particular of paragraphs 20 to 26 thereof,
Taking note of the interest of the Secretary-General to visit and to send his envoy to pursue his initiative with the Israeli authorities, as indicated in paragraph 22 of his report, and of their recent invitation extended to him,
Gravely concerned at the dangerous deterioration of the situation in all the Palestinian territories occupied by Israel since 1967, including Jerusalem, and at the violence and rising tension in Israel,
Taking into consideration the statement made by the President of the Security Council on 20 December 1990 concerning the method and approach for a comprehensive, just and lasting peace in the Arab-Israeli conflict,
Recalling its resolutions 607(1988) of 5 January 1988, 608(1988) of 14 January 1988, 636(1989) of 6 July 1989 and 641(1989) of 30 August 1989, and alarmed by the decision of the Government of Israel to deport four Palestinians from the occupied territories in contravention of its obligations under the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949,
1. Expresses its appreciation to the Secretary-General for his report;
2. Expresses its grave concern over the rejection by Israel of its resolutions 672(1990) of 12 October 1990 and 673(1990) of 24 October 1990;
3. Deplores the decision by the Government of Israel, the occupying Power, to resume the deportation of Palestinian civilians in the occupied territories;
4. Urges the Government of Israel to accept the de jure applicability of the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949, to all the territories occupied by Israel since 1967 and to abide scrupulously by the provisions of the Convention;
5. Calls upon the High Contracting Parties to the said Convention to ensure respect by Israel, the occupying Power, for its obligations under the Convention in accordance with article 1 thereof;
6. Requests the Secretary-General, in co-operation with the International Committee of the Red Cross, to develop further the idea, expressed in his report, of convening a meeting of the High Contracting Parties to the said Convention to discuss possible measures that might be taken by them under the Convention and, for this purpose, to invite the Parties to submit their views on how the idea could contribute to the goals of the Convention, as well as on other relevant matters, and to report thereon to the Council;
7. Also requests the Secretary-General to monitor and observe the situation regarding Palestinian civilians under Israeli occupation, making new efforts in this regard on an urgent basis, and to utilize and designate or draw upon the United Nations and other personnel and resources present there, in the area and elsewhere, needed to accomplish this task, and to keep the Security Council regularly informed;
8. Further requests the Secretary-General to submit a first progress report to the Security Council by the first week of March 1991 and every four months thereafter, and decides to remain seized of the matter as necessary.
Security Council resolution 681(1990) 20 December 1990
Meeting 2970 Adopted unanimously
Draft prepared in consultations among Council members (S/22022).
Meeting numbers. SC 2953, 2957, 2966-2968, 2970.
Before adoption of the resolution, the Council President made a statement on behalf of the Council members [S/22027], by which they reaffirmed their determination to support an active negotiating process, with the participation of all relevant parties and leading to a comprehensive, just and lasting peace to the Arab-Israeli conflict, which should be based on Council resolutions 242(1967) [YUN 1967, p. 257] and 338(1973) [YUN ]973, p. 213] and take into account the right to security of all States in the region and the legitimate rights of the Palestinians. In that context, the Council members agreed that an international conference should facilitate efforts to achieve a negotiated settlement, but expressed the view that there was no unanimity as to the appropriate time for such a conference. In their view, the question of the Arab-Israeli conflict was important and unique and had to be addressed independently, on its own merits. (For full text, see above, under "Proposed peace conference".)
Speaking after the vote, the United States said that its positive vote in no way indicated a change in its policy on any issue related to the Arab-Israeli conflict. The process of negotiations between the parties was the only way to advance the cause of peace in that conflict. Urging Israel to ensure respect for the fourth Geneva Convention and immediately and permanently cease deportations, the United States condemned the increasing attacks on Israelis and the deaths which had resulted, just as it condemned attacks on Palestinians.
In Israel's view, the Council's request to the Secretary-General to make renewed efforts to monitor and observe the situation regarding Palestinian civilians was another instance of singling out Israel. The idea of convening a meeting of the parties to the fourth Geneva Convention to discuss possible measures against Israel was unprecedented. No time was appropriate for the convening of a so-called international peace conference, referred to in the Council President's statement preceding adoption of the resolution, but any time was appropriate for bilateral and direct negotiations between Israel and its neighbours. With regard to its decision to issue expulsion orders against four leaders of the Hamas organization, Israel said it had the right in the appropriate circumstances to expel terrorists.
In the opinion of PLO, the Council had made substantial progress towards protecting the Palestinians under Israeli occupation, towards a solution of the Arab-Israeli conflict, including the Palestine question, and cowards the achievement of a just and comprehensive peace in the region. However, the resolution did not reflect the position the Council should have adopted in view of the current situation in the territories, including Jerusalem, and in view of the volatile situation in the Middle East in general. The Palestinians, he said, differed with certain parts of the resolution and in particular with portions of the preceding presidential statement. Nevertheless, they hoped that the resolution would be a step followed by other steps.
The Palestinian uprising (intifadah)
In its annual report [A/45/35 & Corr.l), the Committee on Palestinian Rights stated that the intifadah, which was about to enter its fourth year, had affirmed clearly the determination of the Palestinians to bring the occupation of their land to an end and achieve the exercise of their inalienable rights, and had also affirmed that PLO was the sole legitimate representative of the Palestinian people. According to the Committee, there was an international consensus that the participation of FLU on an equal footing with the other parties to the Arab-Israeli conflict was indispensable in any efforts and deliberations aimed at achieving lasting peace in the Middle East. the Committee noted with satisfaction that the intifadah had helped the progressive forces in Israel to intensify their efforts for a Just peace; however, the Government of Israel remained adamant. In the Committee's opinion, the continuing denial of the Palestinian people's right to self-determination and independence was entirely unacceptable and a major danger to peace. The Committee noted with deep concern that, in its efforts to suppress the intifadah, Israel had continued to resort to often excessive and indiscriminate force; it called on Israel to recognize and respect the national aspirations and rights of the Palestinian people.
The Committee on Israeli Practices also reported [A/45/576] that the Israeli authorities had persisted and become even more determined in their will to quell the Palestinian uprising by hardening their policy and resorting to increasingly harsh measures. One of the consequences of such means of repression was the heavy toll of casualties among civilians. The indiscriminate use of violence to counter the uprising had caused the death of hundreds of civilians of all ages and injuries to several thousand Palestinians. Particularly preoccupying were the increasing casualties among children and stricter procedures against minors involved in activities such as stone-throwing or putting up roadblocks.
GENERAL ASSEMBLY ACTION
On 6 December, the General Assembly adopted resolution 45/69.
The General Assemble,
Aware of the uprising (intifadah) of the Palestinian people since 9 December 1987 against Israeli occupation, which has received significant attention and sympathy from world public opinion,
Deeply concerned at the alarming situation in the Palestinian territory occupied since 1967, as a result of the continued occupation by Israel, the occupying Power, and of its persistent policies and practices against the Palestinian people,
Reaffirming that the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949, is applicable to the Palestinian territory occupied by Israel since 1967, including Jerusalem, and to the other occupied Arab territories,
Expressing its profound shock at the continued measures by Israel, the occupying Power, including the killing and wounding of Palestinian civilians, and at the recent acts of violence committed by the Israeli security forces, which took place on 8 October 1990 at the Haram al-Sharif in Jerusalem, resulting in injuries and loss of human lives,
Stressing the need to promote international protection to the Palestinian civilians in the occupied Palestinian territory,
Recognizing the need for increased support to, aid for and solidarity with the Palestinian people under Israeli occupation,
Having considered the recommendations contained in the reports of the Secretary-General of 21 January 1988 and 31 October 1990,
Recalling its relevant resolutions as well as the relevant Security Council resolutions,
1. Condemns those policies and practices of Israel, the occupying Power, which violate the human rights, the Palestinian people in the occupied Palestinian territory, including Jerusalem, and, in particular, such acts as the opening of fire by the Israeli army and settlers that result in the killing and wounding of defenceless Palestinian civilians, the beating and breaking of bones, the deportation of Palestinian civilians, the imposition of restrictive economic measures, the demolition of houses, the ransacking of real or personal property belonging individually or collectively to private persons, collective punishment and detentions, and so forth;
2. Demands that Israel, the occupying Power, abide scrupulously by the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949, and desist immediately from those policies and practices which are in violation of the provisions of the Convention;
3. Calls upon all the High Contracting Parties to the Convention to ensure respect by Israel, the occupying Power, for the Convention in all circumstances, in conformity with their obligation under article 1 thereof;
4. Strongly deplores the continuing disregard by Israel, the occupying Power, of the relevant decisions of the Security Council;
5. Reaffirms that the occupation by Israel of the Palestinian territory since 1967, including Jerusalem, and of the other Arab territories in no way changes the legal status of those territories;
6. Requests the Security Council to examine with urgency the situation in the occupied Palestinian territory with a view to considering measures needed to provide international protection to the Palestinian civilians in the Palestinian territory occupied by Israel since 1967, including Jerusalem;
7. Invites Member States, the organizations of the United Nations system, governmental, intergovernmental and non-governmental organizations, and the mass communications media to continue and enhance their support for the Palestinian people;
8. Requests the Secretary-General to examine the present situation in the Palestinian territory occupied since 1967, including Jerusalem, by all means available to him and to submit periodic reports thereon, the first such report as soon as possible.
141-2-3 (recorded vote)
General Assembly resolution 45/69 6 December 1990 . Meeting 59
16-nation draft (A/45/L.28 & Add.1); agenda item 23.
Meeting numbers. GA 45th session: plenary 49-53, 59.
Recorded vote in Assembly as follows:
In favour. Afghanistan, Albania, Algeria, Angola, Antigua and Barbuda, Argentina, Australia, Austria, Bahamas, Bahrain, Bangladesh, Barbados, Belgium, Belize, Benin, Bhutan, Bolivia, Botswana, Brazil, Brunei Darussalam, Bulgaria, Burkina Faso, Burundi, Byelorussian SSR, Cameroon, Canada, Cape Verde, Central African Republic, Chad, Chile, China, Colombia, Comoros, Congo, Cote d'Ivoire, Cuba, Cyprus, Czechoslovakia, Denmark, Djibouti, Ecuador, Egypt, El Salvador, Ethiopia, Fiji, Finland, France, Gabon, Gambia, Germany, Ghana, Greece, Guatemala, Guinea, Guinea-Bissau, Guyana, Haiti, Hungary, Iceland, India, Indonesia, Iran, Iraq, Ireland, Italy, Jamaica, Japan, Jordan, Kenya, Kuwait, Lao People's Democratic Republic, Lebanon, Lesotho, Libyan Arab Jamahiriya, Liechtenstein, Luxembourg, Madagascar, Malaysia, Maldives, Mali, Malta, Mauritania, Mauritius, Mexico, Mongolia, Morocco, Mozambique, Myanmar, Namibia, Nepal, Netherlands, New Zealand, Nicaragua, Niger. Nigeria, Norway, Oman, Pakistan, Papua New Guinea, Paraguay, Peru, Philippines, Poland, Portugal, Qatar, Romania, Rwanda, Saint Vincent and the Grenadines, Samoa, Saudi Arabia, Senegal, Seychelles, Sierra Leone, Singapore, Somalia, Spain, Sri Lanka, Sudan, Suriname, Swaziland, Sweden, Syrian Arab Republic, Thailand, Togo, Trinidad and Tobago, Tunisia, Turkey, Uganda, Ukrainian SSR, USSR, United Arab Emirates, United Kingdom, United Republic of Tanzania, Uruguay, Venezuela, Viet Nam, Yemen, Yugoslavia, Zaire, Zambia, Zimbabwe.
Against: Israel, United States.
Abstaining: Costa Rica, Dominica, Honduras.
Following the vote, Australia said it voted in favour of the text because it was consistent with its own concern over the continued violence in the territories and the human rights violations resulting from Israeli measures against the intifadah. Nevertheless, there were less balanced aspects of the resolution and, in that regard, Australia considered that a comprehensive settlement to the Arab-Israeli dispute was best served by balanced and non-provocative resolutions which reflected and constructively promoted that objective. Austria said it voted in favour based on its concern for the conditions in the territories.
In the opinion of the Observer of Palestine, in the resolution the Assembly took a clear stand vis-a-vis the intifadah.
Canada placed on record that it understood the terms "the Palestinian territory" and "the occupied Palestinian territory" used in the resolution to refer to the West Bank, Gaza and East Jerusalem, under Israeli occupation since 1967; its vote in favour of the resolution did not signify a change in its view on the status of those territories.
Iran expressed strong reservations about any paragraph that, explicitly or implicitly, rendered recognition to the Zionist regime.
Fourth Geneva Convention
In 1990, the General Assembly and the Commission on Human Rights (see PART THREE, Chapter X) again reaffirmed that the (fourth) Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949, applied to the Palestinian and other Arab territories occupied by Israel. the Convention's applicability to the territories was also reaffirmed by the Security Council in resolutions 672(1990) and 673(1990). Continuing disregard by Israel of that main international instrument in humanitarian law was reported throughout the year, by the Committee on Israeli Practices, among others.
Israel, itself a High Contracting Party to the Convention, had consistently taken the position that it did not accept formally the dejure applicability of the Convention, but that it had since 1967 decided to act in de facto accordance with the Convention's "humanitarian provisions". The Israeli position was not accepted by ICRC, which was the guardian of the 1949 Geneva Conventions, nor was it endorsed by the other High Contracting Parties.
In an October report f.S/21919], the Secretary-General stated that the numerous appeals to Israel to abide by its obligations under the Convention had been ineffective, yet for any measure of protection of the Palestinians under Israeli occupation to be ensured, Israel's cooperation was absolutely essential. Nevertheless, given the special responsibility of the High Contracting Parties for ensuring respect for the Convention, the Security Council might wish to call for a meeting of them to discuss possible measures that might be taken by them under the Convention.
In resolution 681(1990) of 20 December, the Security Council urged Israel to accept the dejure applicability of the Convention to all the territories occupied by it and to abide scrupulously by the Convention provisions. The Council requested the Secretary-General, in co-operation with ICRC, to develop further the idea of convening a meeting of the High Contracting Parties and to invite the Parties to submit their views on how the idea could contribute to the goals of the Convention.
Also in October, the Secretary-General reported [A/45/609] that, in pursuance of Assembly resolution 44/48 B [YUN 1989, p. 218], he had requested in March 1990 the Minister for Foreign Affairs of Israel to inform him of any steps his Government had taken or envisaged taking in implementation of the relevant provisions of that resolution relating to the applicability of the fourth Geneva Convention to the occupied territories, including Jerusalem. No reply had been received at the time of the preparation of the report.
GENERAL ASSEMBLY ACTION
On 11 December 1990, the General Assembly adopted resolution 45/74 B.
The General Assembly,
Recalling 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,
Recalling also Security Council resolutions 672( 1990) of 12 October 1990 and 673( 1990) of 24 October 1990,
Recalling further 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, 35/122 A of 11 December 1980, 36/147 A of 16 December 1981, 37/88 A of 10 December 1982, 38/79 B of 15 December 1983, 39/95 B of 14 December 1984, 40/161 B of 16 December 1985, 41/63 B of 3 December 1986, 42/160 B of 8 December 1987, 43/58 B of 6 December 1988 and 44/48 B of 8 December 1989,
Taking note of the reports of the Secretary-General of 21 January 1988, 15 October 1990 and 31 October 1990,
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 the concerned Arab States those territories have been occupied by Israel since June 1967 are parties to that Convention,
Taking into account that States parties to the Convention undertake, in accordance with article 1 thereof, not only to respect but also 10 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 the occupied Palestinian territory, including Jerusalem, and other Arab territories occupied by Israel since 1967;
2. Condemns once again the failure of Israel, the occupying Power, to acknowledge the applicability of the Convention to the territories it has occupied since 1967, including Jerusalem;
3. Strongly demands that Israel accept the de jure applicability of the Convention and comply with its provisions in the occupied Palestinian territory, including Jerusalem, and other Arab territories occupied by Israel since 1967;
4, Urgently calls upon all States parties to the Convention to exert all efforts in order to ensure respect for and compliance with its provisions in the occupied Palestinian territory, including Jerusalem, and other Arab ."territories occupied by Israel since 1967;
5. Requests the Secretary-General to report to the General Assembly at its forty-sixth session on the implementation of the present resolution.
General Assembly resolution 45/74 B
11 December 1990 Meeting 65 145-1-1 (recorded vote)
approved by Special Political Committee (A/45/823) by recorded vote V (118-1-1), 28 November (meeting 27); 12-nation draft (A/SPC/45/L28);
Agenda item 75.
Meeting numbers. GA 46th session: SPC 18, 20,22,24,26, 27; plenary 65.
Worded vote in Assembly as follows:
In favour: Afghanistan, Albania, Algeria, Angola, Antigua and Barbuda, Argentina, Australia, Austria, Bahamas, Bahrain, Bangladesh, Barbados, Belgium, Belize, Benin, Bhutan, Bolivia, Botswana, Brazil, Brunei, Darussalam, Bulgaria, Burkina Faso, Burundi, Byelorussian SSR, Cameroon, Canada, Cape Verde, Central African Republic, Chad, Chile, China, Colombia, Comoros, Congo, Costa Rica, Cote d'Ivoire, Cuba, Cyprus, Czechoslovakia, Denmark, Djibouti, Ecuador, Egypt, El Salvador, Ethiopia, Fiji, Finland, France, Gabon, Gambia, Germany, Ghana, Greece, Guatemala, Guinea, Guinea-Bissau, Guyana, Honduras, Hungary, Iceland, India, Indonesia, Iran, Iraq, Ireland, Italy, Jamaica, Japan, Jordan, Kenya, Kuwait, Lao People's Democratic Republic, Lebanon, Lesotho, Libyan Jamahiriya, Liechtenstein, Luxembourg, Madagascar, Malawi, Malaysia, Maldives, Mali, Malta, Mauritania, Mexico, Mongolia, Morocco, Mozambique, Myanmar, Namibia, Nepal, Netherlands, New Zealand, Nicaragua, Niger, Nigeria, Norway, Oman, Pakistan, Papua New Guinea, Paraguay, Peru, Philippines, Poland, Portugal, Qatar, Romania. Rwanda, Mint Lucia, Saint Vincent and the Grenadines, Samoa, Saudi Arabia, Senegal, Seychelles, Sierra Leone, Singapore, Solomon Islands, Somalia Spain, Sri Lanka, Sudan, Suriname, Swaziland, Sweden, Syrian Arab Republic, Thailand, Togo, Trinidad and Tobago, Tunisia, Turkey, Uganda, Ukrainian SSR, USSR, United Arab Emirates, United Kingdom, United Public of Tanzania, Uruguay, Vanuatu, Venezuela, Viet Nam, Yemen, Yugoslavia. Zaire, Zambia, Zimbabwe.
Against: Israel.
Abstaining: United States.
Paragraph 1 was adopted separately by both the Assembly and the Special Political Committee- by recorded votes of 146 to 1 and 119 to 1, respectively.
Speaking before the vote, the United States said it was firmly on record as supporting the applicability of the Convention to the Israeli-occupied territories; therefore, it had requested a separate vote on paragraph 1 which it supported, but would abstain on the text as a whole because its strident rhetoric did nothing to resolve the problems it sought to address.
Deportation of Palestinians
According to the annual report of the Committee on Israeli Practices [A/45/576], the wave of protests and the pressure of international public opinion had succeeded in bringing the expulsion of Palestinians for alleged security reasons to a temporary halt in recent months. However, the Committee noted new measures implemented by the Israeli occupation authorities and affecting women without valid residence permits and their children. In most cases, women born in the occupied territories, who had been abroad for a certain period of time, but had later married Palestinians in the territories, lived there for several years and given birth to children, had been denied the right to reside and were deported without prior warning.
At the same time, the Committee reported that, on 5 June, a new Israeli policy was announced under which women and children who were not residents of the West Bank, but related to such residents, would be permitted to live in the region without the previous requirement to leave for Jordan every three months and stay there for several months before being allowed to return for another visit. Non-resident women and children would receive all government services provided for residents, including education and health care. On 20 June, the first group of women that had been expelled were allowed to return with their children.
GENERAL ASSEMBLY ACTION
On 11 December, the General Assembly adopted resolution 45/74 E.
The General Assembly,
Recalling Security Council resolutions 605(1987) of 22 December 1987. 607(1988) of 5 January 1988, 608(1988) of 14 January 1988, 636(1989) of 6 July 1989, 641(1989) of 30 August 1989, 672(1990) of 12 October 1990 and 673(1990) of 24 October 1990,
Taking note of the reports of the Secretary-General of 21 January 1988,15 October 1990 and 31 October 1990,
Alarmed by the continuing deportation of Palestinians from the occupied Palestinian territory by the Israeli authorities,
Recalling the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949, in particular article 1 and the first paragraph of article 49, which read as follows:
"Article 1
"The High Contracting Parties undertake to respect and to ensure respect for the present Convention in all circumstances."
"Article 49
"Individual or mass forcible transfers, as well as deportations of protected persons from occupied territory to the territory of the occupying Power or to that of any other country, occupied or not, are prohibited, regardless of their motive . . .".
Reaffirming the applicability of the Geneva Convention to the occupied Palestinian territory, including Jerusalem, and other Arab territories occupied by Israel since 1967,
1. Strongly deplores the continuing disregard by Israel, the occupying Power, of the relevant resolutions and decisions of the Security Council and resolutions of the General Assembly;
2. Demands that the Government of Israel, the occupying Power, rescind the illegal measures taken by its authorities in deporting Palestinians and that it facilitate their immediate return;
3. Calls upon Israel, the occupying Power, to cease forthwith the deportation of Palestinians and to abide scrupulously by the provisions of the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949;
4. Requests the Secretary-General to report to the General Assembly as soon as possible but not later than the beginning of its forty-sixth session on the implementation of the present resolution.
General Assembly resolution 45/74 E 11 December 1990
Meeting 65 145-1-1 (recorded vote)
Approved by Special Political Committee (A/45/823 & Corr.1) by recorded
vote (120-1-1), 28 November (meeting 27); 12-nation draft
(A/SPC/45/L.31); agenda item 75. Meeting numbers GA 45th session: SPC 18, 20, 22, 24, 26, 27; plenary 65.
Recorded vote in Assembly as follows:
In favour: Afghanistan, Albania, Algeria, Angola, Antigua and Barbuda, Argentina, Australia, Austria, Bahamas, Bahrain, Bangladesh, Barbados, Belgium, Belize, Benin, Bhutan, Bolivia, Botswana, Brazil, Brunei Darussalam, Bulgaria, Burkina Faso, Burundi, Byelorussian SSR, Cameroon, Canada, Cape Verde. Central African Republic, Chad, Chile, China, Colombia, Comoros, Congo, Costa Rica, Cote d'Ivoire, Cuba, Cyprus, Czechoslovakia, Denmark, Djibouti, Ecuador, Egypt, El Salvador, Ethiopia, Fiji. Finland, France, Gabon, Gambia, Germany, Ghana, Greece, Guatemala, Guinea. Guinea-Bissau, Guyana, Honduras, Hungary, Iceland, India, Indonesia, Iran, Iraq, Ireland, Italy, Jamaica, Japan, Jordan, Kenya. Kuwait, Lao People's Democratic Republic, Lebanon, Lesotho, Libyan Arab Jamahiriya, Liechtenstein, Luxembourg, Madagascar, Malawi, Malaysia, Maldives, Mali, Malta, Mauritania, Mexico, Mongolia, Morocco, Mozambique, Myanmar, Namibia, Nepal, Netherlands. New Zealand, Nicaragua, Niger, Nigeria, Norway, Oman, Pakistan, Papua New Guinea, Paraguay, Peru, Philippines, Poland, Portugal, Qatar, Romania, Rwanda, Saint Lucia, Saint Vincent and the Grenadines, Samoa, Saudi Arabia, Senegal, Seychelles, Sierra Leone, Singapore. Solomon Islands, Somalia, Spain, Sri Lanka, Sudan, Suriname, Swaziland, Sweden, Syrian Arab Republic, Thailand, Togo, Trinidad and Tobago, Tunisia, Turkey, Uganda, Ukrainian SSR, USSR, United Arab Emirates, United Kingdom, United Republic of Tanzania, Uruguay. Vanuatu, Venezuela. Viet Nam, Yemen, Yugoslavia, Zaire, Zambia, Zimbabwe.
Against: Israel.
Abstaining: United States.
Speaking before the vote. the United States said it considered Israel's deportation of Palestinian residents to be inconsistent with the fourth Geneva Convention's provisions; it was nevertheless obligated to abstain because the resolution's harsh polemical tone offered no realistic solution.
SECURITY COUNCIL ACTION
Following new violence in the wake of the events in Jerusalem on 8 October (see above) Israel decided to deport four of the territories' inhabitants who according to Israel's statement before the Security Council on 20 December [S/PV.2970 (Part II)], were leaders of Hamas, which Israel said was an extremist organization responsible for the recent murders of many Israelis, three of them during the past week.
The Security Council, in resolution 681(1990) of 20 December, deplored Israel's decision to resume the deportation of Palestinians.
Palestinian detainees
In its annual report [A/45/576), the Committee on Israeli Practices noted serious shortcoming in the administration of justice, such as flagrant violations of the fundamental right of all persons to equality before the courts and tribunals, arrest without charges for preventive or administrative detention, the extraction of confessions under duress, the denial of the right of lawyers to represent detainees, the denial of access of the accused or his lawyers to "secret" charges brought against him, and the arbitrary detention of family members of detained persons as a means of exerting psychological pressure. There were cases of dual punishment imposed on some Palestinians who, in addition to harsh sentences, had had their houses demolished.
According to the Committee, the large number of Palestinians detained as a result of the intifadah had further aggravated the situation in the territories and adversely affected the treatment of prisoners. According to the head of the military court of appeals in the territories, and as reported in the Israeli press on 18 June, there were at that time 10,416 Palestinian prisoners in 23-1 army detention facilities of whom 1,031 were administrative detainees. Palestinian detainees continued to be held in prisons and detention camps inside Israel itself, in violation of the relevant provisions of the fourth Geneva Convention.
Report of Secretary-General. In October 1990, the Secretary-General informed [A/45/611] the General Assembly that Israel had not replied to his March request for information on steps taken, or envisaged in implementation of Assembly, resolution 44/48 D [YUN 1989,p.221] calling on Israel to release all Palestinians and other Arabs arbitrarily detained or imprisoned.
GENERAL ASSEMBLY ACTION
On 11 December, the General Assembly adopted resolution 45/74 D.
The General Assembly,
Recalling Security Council resolution 605(1987) of 22 December 1987,
Recalling also its resolutions 38/79 A of 15 December 1983,39/95 A of 14 December 1984,40/161 A of 16 December 1985, 41/63 A of 3 December 1986, 42/160 A of 8 December 1987, 43/21 of 3 November 1988, 43/58 D of 6 December 1988, 44/2 of 6 October 1989 and 44/48 D of 8 December 1989,
Taking note of the reports of the Special Committee to Investigate Israeli Practices Affecting the Human Rights of the Palestinian People and Other Arabs of the Occupied Territories,
Taking note also of the reports of the Secretary-General of 21 January 1988,15 October 1990 and 31 October 1990,
1. Deplores the arbitrary detention or imprisonment by Israel of thousands of Palestinians as a result of their resistance against occupation in order to attain self-determination;
2. Calls upon Israel, the occupying Power, to release all Palestinians and other Arabs arbitrarily detained or imprisoned;
3. Requests the Secretary-General to report to the General Assembly as soon as possible but not later than the beginning of its forty-sixth session on the implementation of the present resolution.
General Assembly resolution 45/74 D 11 December 1990 Meeting 65
Approved by Special Political Committee (A/45/823 & Corr.1) by recorded
vote (119-2), 28 November (meeting 27); 12-nation draft
(A/SPC/45/L.30); agenda item 75.
Meeting numbers. GA 45th session: SPC 18,20,22,24.26,27; plenary 65.
Recorded vote in Assembly as follows:
In favour: Afghanistan, Albania, Algeria, Angola, Antigua and Barbuda, Argentina, Australia, Austria, Bahamas, Bahrain, Bangladesh, Barbados, Belgium, Belize, Benin, Bhutan, Bolivia, Botswana, Brazil, Brunei Darussalam, Bulgaria, Burkina Faso, Burundi, Byelorussian SSR, Cameroon, Canada, Cape Verde, Central African Republic, Chad, Chile, China, Colombia, Comoros, Congo, Costa Rica, Cote d'Ivoire, Cuba, Cyprus, Czechoslovakia, Denmark, Djibouti, Ecuador, Egypt, El Salvador, Ethiopia, Fiji, Finland, France, Gabon, Gambia, Germany, Ghana, Greece, Guatemala, Guinea, Guinea-Bissau, Guyana, Honduras, Hungary, Iceland, India, Indonesia, Iran, Iraq, Ireland, Italy, Jamaica, Japan, Jordan, Kenya, Kuwait, Lao People's Democratic Republic, Lebanon, Lesotho, Libyan Arab Jamahiriya, Liechtenstein, Luxembourg, Madagascar, Malawi, Malaysia, Maldives, Mali, Malta, Mauritania, Mexico, Mongolia, Morocco, Mozambique, Myanmar, Namibia, Nepal, Netherlands, New Zealand, Nicaragua, Niger, Nigeria, Norway, Oman, Pakistan, Papua New Guinea, Paraguay, Peru, Philippines, Poland, Portugal, Qatar, Romania, Rwanda, Saint Lucia, Saint Vincent and the Grenadines, Samoa, Saudi Arabia, Senegal, Seychelles, Sierra Leone, Singapore, Solomon Islands, Somalia Spain, Sri Lanka, Sudan, Suriname, Swaziland, Sweden, Syrian Arab Republic, Togo, Trinidad and Tobago, Tunisia, Turkey, Uganda, Ukrainian, USSR, United Arab Emirates, United Kingdom, United Republic of Tanzania, Uruguay, Vanuatu, Venezuela, Viet Nam, Yemen, Yugoslavia, Zaire, Zambia, Zimbabwe.
Against: Israel, United States.
Although it had consistently opposed the practice of administrative detention, the United States, before the vote in the Committee, said it would vote against the resolution as it did not address the legitimate security problems as they existed in the territories.
Israeli settlements
The Committee on Israeli Practices, in its annual report [A/45/576), charged that Israel continued to annex Palestinian territory and establish settlements, in violation of the fourth Geneva Convention. Its policy had led to measures such as expropriation of property, transfer of Israelis to the territories and inducing Palestinians to leave. As a new trend, new immigrants to Israel were settled in the territories. The Committee also reported an increase in the population of already existing settlements.
According to Israeli press reports, the Knesset Finance Committee on 21 May had allocated $21 million for roads and settlements in the territories, $2.5 million for increasing existing settlements and $3 million for developing settlements in the Jordan Valley and the Golan.
The Committee on Palestinian Rights, in its annual report [A/45/35 & Corr.1], expressed deep concern over the Israeli colonization of the Palestinian territory, as manifested in the continued establishment of settlements, usurpation of land and water resources, and settler vigilantism. The Committee considered that the growing influx of new immigrants exacerbated the situation. The Committee called on the Security Council to consider the matter again urgently and undertake appropriate measures to deal with the situation.
In a February resolution [E/1990/22 (res. 1990/)], the Commission on Human Rights affirmed that the settling of Israeli civilians in the occupied territories was illegal and contravened the relevant provisions of the fourth Geneva Convention. The Commission called on Israel to refrain from settling immigrants in the territories.
SECURITY COUNCIL CONSIDERATION (March)
On 12 February, the USSR requested [S/21139] that the Security Council convene to consider what it termed unlawful Israeli moves to settle the occupied territories, which it said ran counter to the fourth Geneva Convention which precluded any changes in the demographic structure of the territories. In March and May, the Council held six meetings to consider the situation in the territories, focusing on the issue of Israeli settlements there. The request by the Palestinian Observer to participate was approved by a vote of 11 to 1, with 3 abstentions, held at the request of the United States, which restated its negative position on such participation.
Starting off the debate, the USSR said that the evolution of the situation in the Middle East had recently been viewed with some hope, but, unfortunately, the settlement of immigrants in the occupied territories was a new and serious obstacle—deliberately created by certain circles—to peace in the region. The Council's attention was drawn to a statement of the Israeli Minister of Housing on 8 March to the effect that his Ministry was working on plans for building 4,000 houses and apartments on the West Bank for immigrants. Such actions affected not only the vital national interests of the Arab people of Palestine, but also questions of security in the Middle East as a whole. As for appeals sometimes made to the USSR to prevent Soviet Jews from emigrating to Israel, the point was not that it should impose prohibitions, but that Israel should prohibit its citizens and others from settling in the occupied territories.
Israel charged that a campaign was being waged by Arab States to halt the immigration of Jews to Israel altogether. The accusations that Israel intended to displace Palestinians by the massive settlement of Jewish immigrants in their place were preposterous and were the latest manifestation of the long-standing campaign against the Jewish State. There were no grounds for allegations that Israel, as a matter of policy, was directing Jewish immigrants to the territories; more than 99 per cent of the immigrants had settled in Israel's main urban centres. There were many areas in Israel that were under populated and awaited reclamation and development; immigration coupled with peaceful coexistence would spur on that process. Far from displacing Palestinians, Israel had been the only party actively engaged in rehabilitating them. Since 1967, it had enabled tens of thousands of Palestinians to return to Judea, Samaria and Gaza, and since 1971 it had rehabilitated over 150,000 Palestinian refugees in Gaza in the face of strong opposition by the Arab States.
In the words of the representative of Palestine, the settlement of Soviet Jews in the occupied territories was an act of aggression against national Palestinian rights and a usurpation of Palestinian land in preparation for expelling the Palestinian people. Settlement and land expropriation remained Israel's dominant policy, thus perpetuating a crime that consisted first in terrorizing and evicting Palestinians and then in settling Jews to take their place in the Palestinians' own homeland. Since June 1967, more than 200 settlements had been built on the West Bank and in Gaza. The massive organized Jewish emigration from the USSR to Palestine was a continuation of the invasion of the Palestinian and Arab lands, and Palestinians would continue to oppose it. The members of the Council, all of which were also High Contracting Parties to the fourth Geneva Convention, were legally obligated to ensure respect for the Convention provisions, said the representative, and the Palestinian people demanded that the Council move in that direction.
The Council took no action during the meetings devoted to Israel's settlements policy.
Meeting numbers. SC 2910-2912, 2914. 2915, 2920.
Report of Secretary-General. In October [A/45/610], the Secretary-General informed the General Assembly that no reply had been received from Israel to his March request for information on steps it had taken or envisaged to implement the 1989 Assembly demand in resolution 44/48 C [YUN 1989, p. 222) that it desist from taking any action that would result in changing the legal status, geographic nature or demographic composition of the Palestinian and other Arab occupied territories.
GENERAL ASSEMBLY ACTION
On 11 December, the General Assembly adopted resolution 45/74 C.
The General Assembly,
Recalling Security Council resolutions 465(1980) of 1 March 1980,605(1987) of 22 December 1987,672(1990) of 12 October.1990 and 673(1990) of 24 October 1990,
Recalling also its resolutions 32/5 of 28 October 1977, 33/113 B of 18 December 1978, 34/90 C of 12 December 1979, 35/122 B of 11 December 1980, 36/147 B of 16 December 1981, 37/88 B of 10 December 1982, 38/79 C of 15 December 1983, 39/95 C of 14 December 1984, 40/161 C of 16 December 1985, 41/63 C of 3 December 1986, 42/160 C of 8 December 1987, 43/58 C of 6 December 1988 and 44/48 C of 8 December 1989,
Expressing grave anxiety and concern at the serious situation prevailing in the occupied Palestinian territory, including Jerusalem, and other Arab territories occupied by Israel since 1967, as a result of the continued Israeli occupation and the measures and actions taken by Israel, the occupying Power, designed to change the legal status, geographical nature and demographic composition of those territories,
Taking note of the reports of the Secretary-General of 21 January 1988, 15 October 1990 and 31 October 1900,
Confirming that the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949, is applicable to all occupied Palestinian territory, including Jerusalem, and other Arab territories occupied by Israel since 1967,
1. Determines that all such measures and actions taken by Israel in the occupied Palestinian territory, including Jerusalem, and other Arab territories occupied by Israel since 1967 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, constitute a serious obstacle to the efforts to achieve a comprehensive, just and lasting peace in the Middle East 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 occupied Palestinian territory, including Jerusalem, and other Arab territories occupied by Israel since 1967;
3. Demands that Israel comply strictly with its international obligations in accordance with the principles the of international law and the provisions of the Geneva Convention;
4. Demands once more that Israel, the occupying Power, desist forthwith from taking any action that would result in changing the legal status, geographical nature or demographic composition of the occupied Palestinian territory, including Jerusalem, and other Arab territories occupied by Israel since 1967;
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 occupied Palestinian territory, including Jerusalem, and other Arab territories occupied by Israel since 1967;
6. Requests the Secretary-General to report to the General Assembly at its forty-sixth session on the implementation of the present resolution.
General Assembly resolution 45/74 C 11 December 1990
Meeting 65 144-1-1 (recorded vote)
Approved by Special Political Committee (A/45/823 & Corr.1) by recorded
vote (120-1-1), 28 November (meeting 27); 12-nation draft
(A/SPC/45/L.29); agenda item 75. Meeting numbers. GA 45th session: SPC 18, 20. 22, 24, 26, 27; plenary 65.
Recorded vote in Assembly as follows:
In favour: Afghanistan, Albania, Algeria, Angola, Antigua and Barbuda, Argentina, Australia, Austria, Bahamas, Bahrain, Bangladesh, Barbados, Belgium, Belize, Benin, Bhutan, Bolivia, Botswana, Brunei Darussalam, Bulgaria, Burkina Faso, Burundi, Byelorussian SSR, Cameroon, Canada, Cape Verde, Central African Republic, Chad, Chile, China, Colombia, Comoros, Congo, Costa Rica, Cote d'Ivoire, Cuba, Cyprus, Czechoslovakia, Denmark, Djibouti, Ecuador, Egypt, El Salvador, Ethiopia, Fiji, Finland, France, Gabon, Gambia, Germany, Ghana, Greece, Guatemala, Guinea, Guinea-Bissau, Guyana, Honduras, Hungary, Iceland, India, Indonesia, Iran, Iraq, Ireland, Italy, Jamaica, Japan, Jordan, Kenya, Kuwait, Lao, People's Democratic Republic, Lebanon, Lesotho, Libyan Arab Jamahiriya, Liechtenstein. Luxembourg, Madagascar, Malawi, Malaysia, Maldives, Mali, Malta, Mauritania, Mexico, Mongolia, Morocco, Mozambique, Myanmar, Namibia, Nepal, Netherlands, New Zealand, Nicaragua, Niger. Nigeria, Norway, Oman. Pakistan, Papua New Guinea, Paraguay, Peru, Philippines, Poland, Portugal, Qatar, Romania, Rwanda, Saint Lucia, Saint Vincent and the Grenadines, Samoa, Saudi Arabia, Senegal, Seychelles, Sierra Leone, Singapore, Solomon Islands, Somalia, Spain, Sri Lanka, Sudan, Suriname, Swaziland, Sweden, Syrian Arab Republic, Thailand, Togo, Trinidad and Tobago, Tunisia, Turkey, Uganda, Ukrainian SSR, USSR. United Arab Emirates, United Kingdom, United Republic of Tanzania, Uruguay, Vanuatu, Venezuela, Viet Nam, Yemen, Yugoslavia, Zaire, Zambia, Zimbabwe.
Against: Israel.
Abstaining: United States.
Speaking before the vote, the United States reiterated its opposition to further Israeli settlement activity in the territories which, in its view, constituted an obstacle to peace. Israel's security did not require the establishment of new settlements, which could only diminish the confidence of the Arabs that a final outcome could be freely and fairly negotiated. However, the United States said, it would abstain in the vote on the text since it believed that unproductive debate over the legalities of the issue only diverted attention from the real task of promoting peace through direct negotiation.
Golan Heights
The three 1990 reports of the Committee on Israeli Practices [A/45/84, A/45/306] also contained information on the situation in the occupied Golan Heights where, as noted by the Committee, serious incidents continued to occur, such as the use of tear-gas to disperse demonstrators, beatings and breaking into houses. The Committee's annual report [A/45/576] also contained a statement by a representative of the Ministry of Foreign Affairs of the Syrian Arab Republic on Israeli practices in the Golan. The full statement was submitted separately to the General Assembly on 28 June [A/45/333 & Corr.l].
The Commission on Human Rights, in a 16 February resolution [E/1990/22 (res. 1990/3)], condemned Israel's persistence in changing the physical character, demographic composition, institutional structure and legal status of the occupied Syrian Arab Golan and determined that all Israeli measures purported to alter the character and legal status of the Golan were null and void. It strongly condemned Israel for its attempt to force Israeli citizenship and Israeli identity cards on the Syrian citizens in the Golan and to impose a boycott on their agricultural products, and called on it to desist from its repressive measures against the population of the Golan. The Commission called on Member States not to recognize any of those measures and actions by Israel.
Report of Secretary-General. In October 1990, the Secretary-General informed [A/45/613] the General Assembly that no reply had been received from Israel to his March request for information on steps it had taken or envisaged to implement Assembly resolution 44/48 F [YUN 1989, p. 224] which called on Israel to desist from its repressive measures against the Golan population.
GENERAL ASSEMBLY ACTION
On 11 December, the General Assembly adopted resolution 45/74 F.
The General Assembly,
Deeply concerned that the Arab territories occupied since 1967 have been under continued Israeli military occupation,
Recalling Security Council resolution 497(1981) of 17 December 1981,
Recalling also its resolutions 36/226 B of 17 December 1981, ES-9/1 of 5 February 1982,37/88 E of 10 December 1982,38/79 F of 15 December 1983,39/95 F of 14 December 1984, 40/161 F of 16 December 1985, 41/63 F of 3 December 1986,42/160 F of 8 December 1987, 43/21 of 3 November 1988, 43/58 F of 6 December 1988.44/2 of 6 October 1989 and 44/48 F of 8 December 1989,
Having considered the report of the Secretary-General of 15 October 1990,
Recalling its previous resolutions, in particular resolutions 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 of 11 December 1980, in which, inter alia, it called upon Israel to put an end to its occupation of the Arab territories and to withdraw from all those territories,
Reaffirming once more the illegality of Israel's decision of 14 December 1981 to impose its laws, jurisdiction and administration on the Syrian Arab Golan, which has resulted in the effective annexation of that territory,
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,
Reaffirming the applicability of that Convention to the occupied Syrian Arab Golan,
Bearing in mind Security Council resolution 237(1967) of 14 June 1967,
1. Strongly condemns Israel, the occupying Power, for its refusal to comply with the relevant resolutions of the General Assembly and the Security Council, particularly Council resolution 497(1981), in which the Council, inter alia, decided that the Israeli decision to impose its laws, jurisdiction and administration on the occupied Syrian Arab Golan was null and void and without international legal effect and demanded that Israel, the occupying Power, should rescind forthwith its decision;
2. Condemns the persistence of Israel in changing the physical character, demographic composition, institutional structure and legal status of the occupied Syrian Arab Golan;
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 are null and void, constitute a flagrant violation of international law and of the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949, and have no legal effect;
4. Strongly condemns Israel for its attempts forcibly to impose Israeli citizenship and Israeli identity cards on the Syrian citizens in the occupied Syrian Arab Golan, and calls upon it to desist from its repressive measures against the population of the Syrian Arab Golan;
5. Deplores the violations by Israel of the Geneva Convention;
6. Calls once again upon Member States not to recognize any of the legislative or administrative measures and actions referred to above;
7. Requests the Secretary-General to report to the General Assembly at its forty-sixth session on the implementation of the present resolution.
General Assembly resolution 45/74 F 11 December 1990 Meeting 65 144-1-2 (recorded vote)
Approved by Special Political Committee (A/45/823) by recorded vote
(119-1-1) 28 November (meeting 27); 12-nation draft (A/SPC/45/L.32),
orally revised; agenda item 75.
Meeting numbers. GA 45th session: SPC 18,20,22,24,26,27; plenary 65.
Recorded vote in Assembly as follows:
In favour: Afghanistan, Albania, Algeria, Angola, Antigua and Barbuda, Argentina, Australia, Austria, Bahamas, Bahrain, Bangladesh, Barbados, Belgium, Belize, Benin, Bhutan, Bolivia, Botswana, Brazil, Brunei Darussalam, Bulgaria, Burkina Faso, Burundi, Byelorussian SSR, Cameroon, Canada, Cape Verde, Central African Republic, Chad, Chile, China, Colombia, Comoros, Congo, Costa Rica, Cote d'Ivoire, Cuba, Cyprus Czechoslovakia, Denmark, Djibouti, Ecuador, Egypt. El Salvador, Ethiopia, Fiji, Finland, France, Gabon, Gambia, Germany, Ghana, Greece, Guatemala, Guinea, Guinea-Bissau, Guyana, Honduras, Hungary, Iceland India, Indonesia, Iran, Iraq, Ireland, Italy, Jamaica, Japan, Jordan, Kenya Kuwait, Lao People's Democratic Republic, Lebanon, Lesotho, Libya' Arab Jamahiriya, Liechtenstein, Luxembourg, Madagascar, Malaysia Maldives, Mali, Malta, Mauritania, Mexico, Mongolia, Morocco, Mozambique, Myanmar, Namibia, Nepal, Netherlands, New Zealand, Nicaragua, Niger, Nigeria, Norway, Oman, Pakistan, Papua New Guinea, Paraguay, Peru, Philippines, Poland, Portugal, Qatar, Romania, Rwanda, Saint Lucia, Saint Vincent and the Grenadines, Samoa, Saudi Arabia, Senegal, Seychelles, Sierra Leone, Singapore, Solomon Islands, Somalia, Spain Sri Lanka, Sudan, Suriname, Swaziland, Sweden, Syrian Arab Republic* Thailand, Togo, Trinidad and Tobago, Tunisia, Turkey, Uganda, Ukrainian SSR, USSR, United Arab Emirates, United Kingdom, United Republic of Tanzania, Uruguay, Vanuatu, Venezuela, Viet Nam, Yemen, Yugoslavia, Zaire, Zambia, Zimbabwe.
Against: Israel.
Abstaining: Malawi, United States.
Before the vote in the Committee, the United States confirmed its position that the Golan was occupied Syrian territory and, therefore, the fourth Geneva Convention applied to it. It further opposed any unilateral action to alter the status of the Israeli-occupied territories because that was an issue to be resolved through negotiations in accordance with Security Council resolutions 242(1967) [YUN 1967, p. 257] and 338(1973) [YUN 1973, p. 213]. However, the Assembly resolution's harsh and unbalanced rhetoric mandated its abstention.
On 13 December, the General Assembly, under the agenda item on the Middle East situation, adopted resolution 45/83 B.
The General Assembly,
Having discussed the item entitled "The situation in the Middle East",
Taking note of the report of the Secretary-General of 15 October 1990,
Recalling Security Council resolution 497(1981) of 17 December 1981,
Reaffirming its resolutions 36/226 B of 17 December 1981, ES-9/1 of 5 February 1982, 37/123 A of 16 December 1982, 38/180 A of 19 December 1983, 39/146 B of 14 December 1984, 40/168 B of 16 December 1985, 41/162 B of 4 December 1986, 42/209 C of 11 December 1987, 43/54 B of 6 December 1988 and 44/40 B of 4 December 1989,
Recalling its resolution 3314(XXIX) of 14 December 1974, in which it defined an act of aggression, inter alia, as "the invasion or attack by the armed forces of a State of the territory of another State, or any military occupation, however temporary, resulting from such invasion or attack, or any annexation by the use of force of the territory of another State or part thereof" and provided that "no consideration of whatever nature, whether political, economic, military or otherwise, may serve as a justification for aggression",
Reaffirming the fundamental principle of the inadmissibility of the acquisition of territory by force,
Reaffirming once more the applicability of the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949, to the Palestinian territory occupied since 1967, including Jerusalem, and the other occupied Arab territories,
Noting that Israel's record, policies and actions establish conclusively that it is not a peace-loving Member States and that it has not carried out its obligations under the Charter of the United Nations
Noting also that Israel has refused, in violation of Article 25 of the Charter, to accept and carry out the numerous relevant decisions of the Security Council, in particular resolution 497(1981), thus failing to carry but its obligations under the Charter,
1. Strongly condemns Israel for its failure to comply with Security Council resolution 497(1981) and General Assembly resolutions 36/226 B, ES-9/1,37/123 A, 38/180A, 39/146B, 40/168 B, 41/162 B, 42/209 C, 43/54 B and 44/40 B;
2. Declares once more that Israel's continued occupation of the Syrian Arab Golan and its decision of 14 December 1981 to impose its laws, jurisdiction and administration on the occupied Syrian Arab Golan constitute an act of aggression under the provisions of Article 39 of the Charter of the United Nations and General Assembly resolution 3314(XXIX);
3. Declares once more that Israel's decision to impose its laws, jurisdiction and administration on the occupied Syrian Arab Golan is illegal and therefore null and void and has no validity whatsoever;
4. Declares all Israeli policies and practices of, or aimed at, annexation of the Palestinian territory occupied since 1967, including Jerusalem, and of the other Occupied Arab territories to be illegal and in violation of international law and of the relevant United Nations resolutions;
5. Determines once more that all actions taken by Israel to give effect to its decision relating to the occupied Syrian Arab Golan are illegal and invalid and shall not be recognized;
6. Reaffirms its determination that all relevant provisions of the Regulations annexed to the Hague Convention IV of 1907, and the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949, continue to apply to the Syrian territory occupied by Israel since 1967, and calls upon the parties thereto to respect and ensure respect for their obligations under these instruments in all circumstances;
7. Determines owe more that the continued occupation of the Syrian Arab Golan since 1967 and its annexation by Israel on 14 December 1981, following Israel's decision to impose its laws, jurisdiction and administration on that territory, constitute a continuing threat to international peace and security;
8. Strongly deplores the negative vote by a permanent I member of the Security Council which prevented the Council from adopting against Israel, under Chapter VII of the Charter, the "appropriate measures" referred to in resolution 497(1981) unanimously adopted by the Council;
9. Further deplores by political, economic, financial, military and technological support to Israel that entourages it to commit acts of aggression and to consolidate and perpetuate its occupation and annexation of the Palestinian territory occupied since 1967, including Jerusalem, and the other occupied Arab territories;
10. Firmly emphasizes once more its demand that Israel, the occupying Power, rescind forthwith its illegal decision of 14 December 1981 to impose its laws, Jurisdiction and administration on the Syrian Arab Golan, which resulted in the effective annexation of that territory;
11. Reaffirms once more the overriding necessity of the total and unconditional withdrawal by Israel from the Palestinian territory occupied since 1967, including Jerusalem, and the other occupied Arab territories, which is an essential prerequisite for the establishment of a comprehensive and just peace in the Middle East;
12. Determines once more that Israel's record, policies and actions confirm that it is not a peace-loving Member State, that it has persistently violated the principles contained in the Charter and that it has carried out neither its obligations under the Charter nor its commitment under General Assembly resolution 273(111) of 11 May 1949;
13. Calls upon Member States to put an end to the flow to Israel of any military, economic, financial and technological aid, as well as human resources, aimed at prolonging Israeli occupation of the Arab territories or encouraging Israel to pursue its aggressive policy against the Arab countries and the Palestinian people;
14. Urges non-member States to act in accordance with the provisions of the present resolution;
15. Calls upon the specialized agencies and other international organizations to conform their relations with Israel to the terms of the present resolution;
16. Requests the Secretary-General to report to the General Assembly at its forty-sixth session on the implementation of the present resolution.
General Assembly resolution 45/83 B 13 December 1990
Meeting 67 84-23-41 (recorded vote)
14-nation draft W45/L36); agenda item 35.
Meeting numbers. GA 45th session: plenary 60-63, 67.
Recorded vote in Assembly as follows:
In favour; Afghanistan, Albania, Algeria, Bahrain, Bangladesh, Belize, Benin, Bhutan, Bolivia,* Botswana, Brunei Darussalam. Burkina Faso, Burundi, Byelorussian SSR, Cameroon, Cape Verde, Chad, China, Comoros, Congo, Cuba, Cyprus, Djibouti, Gabon, Gambia, Ghana, Greece, Guatemala, Guinea, Guinea-Bissau, Guyana, Honduras, India, Indonesia, Iran, Iraq, Jordan, Kenya, Kuwait, Lao People's Democratic Republic, Lebanon, Lesotho, Libyan Arab Jamahiriya, Madagascar, Malaysia, Maldives, Mali, Mauritania, Mauritius, Mexico, Mongolia, Morocco, Mozambique, Namibia, Niger, Nigeria, Oman, Pakistan, Philippines. Qatar, Rwanda, Saudi Arabia, Senegal, Seychelles, Sierra Leone, Somalia, Sri Lanka, Sudan, Swaziland, Syrian Arab Republic, Trinidad and Tobago, Tunisia, Turkey, Uganda, Ukrainian SSR, USSR, United Arab Emirates, United Republic of Tanzania, Vanuatu, Viet Nam, Yemen, Yugoslavia, Zambia, Zimbabwe.
Against: Australia, Belgium, Canada, Czechoslovakia, Denmark, Finland, France, Germany, Hungary, Iceland, Ireland, Israel, Italy, Japan, Luxembourg, Netherlands, New Zealand, Norway, Poland, Portugal, Sweden, United Kingdom, United States.
Abstaining: Antigua and Barbuda, Argentina, Austria, Bahamas, Barbados, Brazil, Bulgaria, Central African Republic, Chile, Colombia, Costa Rica, Cote d'Ivoire, Dominica, Dominican Republic, Ecuador, Egypt, El Salvador, Ethiopia, Fiji, Haiti, Jamaica, Liechtenstein, Malawi, Malta, Myanmar, Nepal, Papua New Guinea,** Paraguay, Peru, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Samoa, Singapore, Solomon Islands, Spain, Suriname, Thailand, Togo, Uruguay, Venezuela,
*Later advised the Secretariat it had intended to abstain.
**Later advised the Secretariat it had intended to vote in favour.
Speaking before the vote, the United States said the text remained highly objectionable in tone, contained unbalanced and harsh condemnations of Israel, and its extreme language was harmful, in contrast to the balanced and helpful Security Council resolution 497(1981) [YUN 1981, p. 312], which the United States had supported.
On behalf of the EC members, Italy voiced serious reservations about the resolution, its lack of balance and the fact that it did not reflect basic principles which the EC considered essential for a solution to the Arab-Israeli conflict. Further-more, the EC members could not accept language criticizing a permanent Security Council member for having exercised its right in accordance with the Charter.
Both Iran and the Libyan Arab Jamahiriya stated strong reservations to any paragraph that directly or indirectly implied recognition of the Zionist entity.
Peace-keeping operations
Lebanon
In 1990, the situation in Lebanon continued to be of great concern to the international community and the United Nations. In July, the members of the Security Council reaffirmed their commitment to the full sovereignty, independence, territorial integrity and national unity of Lebanon within its internationally recognized boundaries, and reiterated their full support for the Taif Agreement and for the efforts of the Lebanese Government to extend its authority over all Lebanese territory.
In the search for a peaceful settlement and with the intention of ending the bloodshed, putting an end to the violence and facilitating the peace process, the Lebanese Government adopted in July a programme for the implementation of the Charter of National Reconciliation [A/45/349-S/21397]. The programme contained the prerequisites to be taken as a basis by all Lebanese parties in order to join in the process of reconciliation, security and peace and to participate in the current Government. According to the programme, the Lebanese Forces should withdraw from Beirut, hand over control of the army barracks located at Beirut, Kesrouane and Jbail and return weapons, ammunition and equipment to the legitimate army led by Emile Lahoud. The Lebanese Government reaffirmed that it would continue to fulfil its responsibilities towards the south, in particular by liberating the occupied part of the country and implementing Security Council resolution 425(1978) [YUN 1978, p. 3l2|, and called on the international community to support it in such efforts.
The situation in southern Lebanon remained tense and was marked by continued hostilities and violence throughout 1990. Israel continued to control an area manned by the Israel Defence Forces (IDF) and the de facto forces (DFF) (the so-called South Lebanon Army), boundaries of which had not been clearly defined but were determined by the forward positions of IDF and DFF. The Israeli-controlled area (ICA) included territory adjacent to the armistice demarcation line, parts of the Fijian. Nepalese, Irish and Finish battalion sectors and the entire Norwegian battalion sector, as well as sizeable areas to the north of the area of operation of the United Nations Interim Force in Lebanon (UNIFIL). Within the UNIFIL area of operation, IDF and DEE occupied 70 military positions in January and 66 in July 1990. Resistance groups frequently attacked those positions with small arms, rocket-propelled grenades, rockets and mortars and used mines and roadside bombs against IDF/DFF vehicles and foot patrols. UNIFIL continued, to the best of its ability and in accordance with its mandate, to prevent its area from being used for hostile activities of any kind. In retaliation, IDF and DEE used heavy artillery, tanks and Israeli helicopter gunships. Such military confrontation had dire con-sequences for the civilian population, which was reflected in communications from Lebanon addressed to the Secretary-General during the year.
Israel continued its efforts to establish and strengthen civil administrations in different locations in the territory it controlled. However, in some towns, such as Chebaa, Kafr Hammam and Kafr Chouba, residents resisted attempts by IDF and DFF to establish civil administration offices, despite harassment and overt pressure on the local leaders. During the year, Israel also maintained an extensive programme of road construction in ICA, thus enhancing IDF's ability to deploy rapidly into Lebanese territory. During the earlier part of the year, there were renewed accusations that Israel was diverting water from Lebanese rivers, especially the Litani, into Israel. By a letter of 6 April [A/45/206-S/21237], Lebanon drew the Secretary-General's attention to the subject. However, the UNIFIL Force Commander, after carrying out a survey, reported that UNIFIL had not detected any evidence that water was being pumped or transported from Lebanon into Israel. Israel categorically denied that it was taking, or intended to take, water from Lebanon to Israel.
Israel maintained that its presence in Lebanon was a temporary arrangement, necessary for ensuring the security of northern Israel as long as the Lebanese Government was not able to exercise effective authority and prevent its territory from being used to launch attacks against Israel. Israel did not consider that UNIFIL, as a peace-keeping force, could assume that responsibility. Therefore, it continued to build up DFF and improve their ability to reinforce quickly IDF's strength inside Lebanon. As a consequence, ICA was becoming increasingly separated from the rest of Lebanon.
UNIFIL
During 1990, at the request of Lebanon and on the recommendation of the Secretary-General, the Security Council twice extended the mandate of UNIFIL, in January and July, each time for a six-month period.
Established under Security Council resolution 425(1978) [YUN 1978 p. 312], following Israel's invasion of Lebanon in March of that year, UNIFIL originally was entrusted with confirming the withdrawal of Israeli forces from Lebanese territory, restoring international peace and security, and reestablishing the Lebanese Government's effective authority in the area. A second Israeli invasion in June 1982 (YUN 1982, p. 428] radically altered the situation in which UNIFIL had to function. Shortly thereafter, the Council, by resolution 511(1982) [YUN 1982, p. 450], authorized the Force to carry out, in addition to its mandate, the interim tasks of providing protection and humanitarian assistance to the local population.
Composition and deployment
As of July 1990 (S/21406 & Corr.l & Add.l], UNIFIL had a strength of 5,842 military personnel provided by nine countries: Fiji, Finland, France, Ghana, Ireland, Italy, Nepal, Norway and Sweden. The command of UNIFIL continued to be exercised by Lieutenant-General Lars-Eric Wahlgren of Sweden. During 1990, 65 unarmed military observers from the United Nations Truce Supervision Organization (UNTSO), organized as Observer Group Lebanon (OGL), assisted UNIFIL under the operational control of the Force Commander OGL maintained five observation posts along the Lebanese side of the Israel-Lebanon armistice demarcation line and operated four mobile teams in that part of the UNIFIL area controlled by Israel. Two military observers were assigned to UNIFIL headquarters. The strength of the Lebanese army unit assigned to the UNIFIL area of operation remained during the year at 128, all ranks.
UNIFIL continued to experience difficulties in obtaining and using the land and buildings it required for its operations, except those lands made available by villages that had asked for UNIFIL protection. Those difficulties emanated from the increased demand for land and dwellings resulting from the influx of population into the area, for arrears in the payment of rent by the Lebanese Government to the landlords concerned and from the sharp depreciation of the real value of such rent payments as were made. The problem was raised with the Lebanese authorities on numerous occasions.
Report of Secretary-General (January). In a January 1990 report [S/21102], the Secretary-General provided the Security Council with an account of developments in the UNIFIL area of operation between 22 July 1989 and 25 January 1990. He also informed the Council on organizational and financial aspects of the Force and presented his observations.
The Secretary-General reported with regret that, during the period under review, seven members of the Force lost their lives from firing, accidents and natural causes, while eight others suffered injuries as a result of accidents. To improve the security of its personnel and positions, UNIFIL took certain measures, such as the relocation of the Norwegian battalion headquarters to a defensible compound, which was in progress during the period. The security and defence of the Naqoura camp and the Irish battalion headquarters also had been improved and more positions throughout the UNIFIL area of deployment had been reinforced with protective measures. Ten modern armoured personnel carriers financed by Japan were made available by Finland.
Following the announcement on 31 July 1989 by a group in Lebanon that it had killed Lieutenant-Colonel William Richard Higgins, a United States national who had been serving as an UNTSO observer with UNIFIL when kidnapped near Tyre in February 1988 [YUN 1988, p. 225], the Secretary-General said he had made every effort to ascertain the facts concerning his fate and to recover his body; however, there was not yet any conclusive evidence as to his fate despite extensive conversations with various parties.
The situation in the UNIFIL area of operation remained essentially unchanged, the Secretary-General said. The Force still was not able to extend its area of operation up to the Israel-Lebanon armistice demarcation line, as envisaged in Council resolution 425(1978), while IDF and DFF continued to control in southern Lebanon its so-called security zone, maintaining 70 positions within the UNIFIL area of operation.
During the period under review, UNIFIL recorded a total of 47 operations by resistance groups against IDF and DFF, 6 alone in January, and 151 unprovoked firings from IDF and DFF positions or patrols close to UNIFIL positions. Indiscriminate fire from DFF positions on several occasions resulted in fatal injuries to civilians in the UNIFIL area.
UNIFIL continued to provide humanitarian assistance to the local population, mainly in the medical and hygiene areas and in support of welfare institutions, out of funds provided by the troop-contributing Governments. In addition, UNIFIL medical centres provided care to an average of 3,700 civilian patients per month. The Force's assistance during that period was of great importance due to the sudden influx of people fleeing the hostilities in Beirut.
In his observations, the Secretary-General noted with regret that UNIFIL remained unable to implement the mandate given to it by Council resolution 425(1978). Meanwhile, Israel had further strengthened its position in the area controlled by its forces, and had introduced there some elements of a civilian administration in which a leading role was given to DFF, which became a matter of growing concern in Lebanon. At the same time, attempts by armed elements to infiltrate Israel and air and ground attacks by the Israeli forces on targets in Lebanon to the north of the UNIFIL area of control continued.
The safety of UNIFIL personnel was a matter of continuing concern to the Secretary-General, who appealed once more to all parties to co-operate with UNIFIL with a view to ensuring the security of its members and helping them carry out the tasks entrusted to them by the Security Council.
Among the positive developments during the reporting period, the Secretary-General noted the election of Elias Hrawi as President of Lebanon in December 1989, following the assassination of his predecessor, Rene Moawad [YUN 1989, p. 203], and the appointment of the Lebanese Government led by Prime Minister Salim al Hoss. He also mentioned the Lebanese President's efforts to deploy government forces to restore central government authority over all Lebanese territory.
The Secretary-General also drew the Security Council's attention to UNIFIL's grave financial situation due to increased unpaid assessments, which amounted to some $318 million owed to the Member States that had voluntarily contributed troops. He expressed hope that the Governments concerned would reexamine their positions, both with regard to paying their assessed contributions and regarding effective support at the political level for his efforts to secure implementation of resolution 425(1978).
Taking into consideration the conviction of the Lebanese authorities that the restoration of constitutional authority in the country created new possibilities for making progress towards implementation of that resolution and their determination to take early steps to reestablish the central Government's authority in southern Lebanon, including the deployment there of units of the Lebanese army, the Secretary-General recommended extending the mandate of UNIFIL for a further six months, until 31 July 1990.
SECURITY COUNCIL ACTION (January)
The Security Council met on 31 January to consider the Secretary-General's report and, without debate, adopted resolution 648(1990).
The Security Council,
Recalling its resolutions 425(1978) and 426(1978) of 19 March 1978, 501(1982) of 25 February 1982, 508(1982) of 5 June 1982, 509(1982) of 6 June 1982 and 520(1982) of 17 September 1982, as well as all its resolutions on the situation in Lebanon,
Having studied the report of the Secretary-General on the United Nations Interim Force in Lebanon of 25 January 1990, and taking note of the observations expressed therein,
Taking note of the letter dated 11 January 1990 from the Charge d'affaires a.i. of the Permanent Mission of Lebanon to the United Nations addressed to the Secretary-General,
Responding to the request of the Government of Lebanon,
1. Decides to extend the present mandate of the United Nations Interim Force in Lebanon for a further interim period of six months, that is, until 31 July 1990;
2. Reiterates its strong support for the territorial integrity, sovereignty and independence of Lebanon within its internationally recognized boundaries;
3. Re-emphasizes the terms of reference and general guidelines of the Force as stated in the report of the Secretary-General of 19 March 1978, approved by resolution 426(1978), and calls upon all parties concerned to co-operate fully with the Force for the full implementation of its mandate;
4. Reiterates that the Force should fully implement its mandate as defined in resolutions 425(1978), 426(1978) and all other relevant resolutions;
5. Requests the Secretary-General to continue consultations with the Government of Lebanon and other parties directly concerned with the implementation of the present resolution and to report to the Security Council thereon.
Security Council resolution 648(1990)
31 January 1990 Meeting 2906 Adopted unanimously
Draft prepared in consultations among Council members (S/21117).
Report of Secretary-General (July). In a July report [S/21-406 & Corr.1 & Add.l ] on UNIFIL activities and developments in the area of its operation, covering the period from 26 January to 24 July 1990, the Secretary-General informed the Security Council that the situation in the UNIFIL area remained essentially unchanged, with IDF and DFF continuing to control the so-called security zone in southern Lebanon. However, there had been a slight decrease in the number of their positions, from 70 to 66.
The Secretary-General reported with regret that during the period under review two Nepalese members of UNIFIL lost their lives as a result of mortar fire, and 10 others suffered injuries as a result of hostile fire and accidents. Since UNIFIL's establishment in 1978, 173 military and civilian members of the Force had died, 67 as a result of firing or mine or bomb explosions, 75 in accidents and 31 from other causes. The number of those wounded by firing or mine or bomb explosions stood at 243.
UNIFIL recorded 42 operations by resistance groups against IDF and OFF, with a notable decrease during the last three months. IDF and DFF, either unprovoked or in retaliation for attacks by armed elements, opened fire daily using sometimes heavy artillery, tanks and helicopters. UNIFIL recorded 109 unprovoked firings close to its positions. A particularly serious incident occurred on 19 February, when a UNIFIL position came under heavy mortar fire from a DFF position to the south, as a result of which two Nepalese soldiers were killed and six wounded. The Secretary-General also reported that there had been a growing tendency during the last two years for IDF/DFF to undertake military operations in the Norwegian battalion sector, which lay wholly within ICA. Those incidents were protested to the Israeli authorities and a number of confrontations had occurred when UNIFIL used vehicles and other obstacles to try to block IDF/DFF activities in that sector. In an addendum to his report, the Secretary-General described the latest serious confrontation which took place on 25 July.
During the reporting period, Israel carried out an extensive programme of road construction in ICA. A number of paved roads, with tank tracks alongside, were built from gates in the fence along the armistice demarcation line to Israeli military positions, enhancing IDF's ability to deploy rapidly into Lebanese territory. Measures to establish some aspects of Israeli civilian administration in ICA continued, with a gendarmerie under DFF control being reestablished in some major towns.
In accordance with its extended mandate, the Force continued to provide protection, security and assistance to the civilian population. UNIFIL troops detonated mines, roadside bombs and unexploded remnants of war and dismantled rockets in the area of deployment. A total of 37 controlled explosions were carried out during the period under review, compared to 10 during the previous period. The Force also extended humanitarian assistance to the civilian population in its area, providing water, food, fuel, electricity and escort for farmers. Medicines and equipment or services to schools were provided from resources made available by the troop-contributing Governments. UNIFIL medical centres took care of an average of 4,000 civilian parents per month.
The Secretary-General said that Israel continued to take the position that its presence in Lebanon was a temporary arrangement, necessary for ensuring the security of northern Israel so long as the Lebanese Government was not able to exercise effective authority and prevent its territory from being used to launch attacks against Israel. Israel continued to build up DFF and improve their ability to reinforce quickly IDF inside Lebanon. A consequence of that policy was that ICA was becoming increasingly separated from the rest of Lebanon. While hostile incidents in the UNIFIL area were fewer during the current mandate period, IDF and DFF carried out many air and artillery attacks on targets to the north of the UNIFIL area.
For its part, UNIFIL continued, to the best of its ability, to prevent its area from being used for hostile activities of any kind. Its efforts in that regard received the co-operation of the Amal movement, the Secretary-General said, and a high degree of calm and tranquillity had been achieved in those parts of its area that lay outside ICA. Recent months saw a noteworthy increase in economic activity in those parts, and, in order to foster the confidence necessary for such investment, UNIFIL established some new positions close to the edge of ICA. The Force also continued to press Israel to end the shelling of civilian targets by DFF and to withdraw DFF from certain positions that were most frequently responsible for such firing and attracted attacks by armed elements.
In carrying out their duties, UNIFIL personnel were exposed to many dangers, the Secretary-General underlined. The Force again suffered fatalities and it still proved impossible to establish with certainty the fate of Colonel Higgins. The Secretary-General, therefore, appealed to all the parties to co-operate with the Force, respect its international and neutral status and avoid exposing its members to danger.
The Secretary-General concluded that, although it had not been possible for UNIFIL to carry out its full mandate, it continued to make an important contribution to the maintenance of international peace and security in a volatile area. He accordingly recommended that the Council accept Lebanon's request and extend the Force's mandate for a further six months, until 31 January 1991.
In making his recommendation, the Secretary-General once again drew the Council's attention to the continuing gravity of the Force's financial situation. Although there had been a slight reduction in total unpaid assessments, he said, they were still at the high level of $307 million. His concern was heightened by the fact that, after 12 years in the field, UNIFIL was facing a growing need to replace equipment that had become obsolete or unserviceable. He considered it, therefore, all the more important that all arrears be cleared and that Member States pay their assessments promptly and in full.
SECURITY COUNCIL ACTION (July)
On 31 July 1990, the Security Council, having considered the Secretary-General's report, adopted resolution 659(1990).
The Security Council,
Recalling its resolutions 425(1978) and 426(1978) of 19 March 1978, 501(1982) of 25 February 1982, 508(1982) of 5 June 1982, 509(1982) of 6 June 1982 and 520(1982) of 17 September 1982, as well as all its resolutions on the situation in Lebanon,
Having studied the report of the Secretary-General on the United Nations Interim Force in Lebanon of 24 and 26 July 1990 and taking note of the observations expressed therein,
Taking note of the letter dated 16 July 1990 from the Permanent Representative of Lebanon to the United Nations addressed to the Secretary-General,
Responding to the request of the Government of Lebanon,
1. Decides to extend the present mandate of the United Nations Interim Force in Lebanon for a further interim period of six months, that is, until 31 January 1991;
2. Reiterates its strong support for the territorial integrity, sovereignty and independence of Lebanon within its internationally recognized boundaries;
3. Re-emphasizes the terms of reference and general guidelines of the Force as stated in the report of the Secretary-General of 19 March 1978, approved by resolution 426(1978), and calls upon all parties concerned to co-operate fully with the Force for the full implementation of its mandate;
4. Reiterates that the Force should fully implement its mandate as defined in resolutions 425(1978), 426(1978) and all other relevant resolutions;
5. Requests the Secretary-General to continue consultations with the Government of Lebanon and other parties directly concerned with the implementation of the present resolution and to report to the Security Council thereon.
Security Council resolution 659(1990)
31 July 1990 Meeting 2931 Adopted unanimously
Draft prepared in consultations among Council members (S/21411).
After the vote, following consultations among members of the Council, the President made a statement on behalf of the Council [S/21418]:
The members of the Security Council have noted with appreciation the report of the Secretary-General on the United Nations Interim Force in Lebanon, submitted in conformity with resolution 648(1990) of 31 January 1990.
They reaffirm their commitment to the full sovereignty, independence, territorial integrity and national unity of Lebanon within its internationally
recognized boundaries. In this context, they assert that any State shall refrain from the threat or use of force against the territorial integrity or political independence of any State, or in any other manner inconsistent with the purposes of the United Nations.
As the Security Council extends the mandate of the United Nations Interim Force in Lebanon for a further interim period on the basis of resolution 425(1978) of 19 March 1978, the members of the Council again stress the need for the implementation of that resolution in all its aspects. They express their appreciation for the continuing efforts of the Secretary-General and his staff in this regard. They reiterate their full support for the Taif Agreement and for the efforts of the Lebanese Government to extend its authority over all Lebanese territory.
The members of the Security Council take this opportunity to commend the troops of the United Nations Interim Force in Lebanon and the troop-contributing countries for their sacrifices and commitment to the cause of international peace and security under difficult circumstances,
In informal consultations held on the same day, the Council members agreed to request the Secretary-General to review, during the current mandate period, the scale and deployment of UNIFIL in the light of the performance by the Force of its functions since its establishment in 1978 and with a view to implementing resolution 425(1978). That request was confirmed in a 24 September letter [S/22183] by the Council President to the Secretary-General. In his November report on the situation in the Middle East [A/45/726-S/2l947], the Secretary-General informed that the review was under way and he intended to report on its results in January 1991 in his next report to the Council on the operation of UNIFIL.
Financing
The Secretary-General reported [A/45/802] to the General Assembly in November 1990 that, as at 31 October, contributions totalling $1,476.4 million hail been received for the operation of UNIFIL, out of $1,834.1 million apportioned among Member States for the period from the inception of the Force on 19 March 1978 to 31 January 1991. Of the balance of $357.7 million due, only $151.2 million might be considered collectible at that time, which left a shortfall of $206.5 million, including $19.6 million transferred to a special account in accordance with General Assembly resolution 36/116 A [YUN 1981, p. 1299]. As a consequence, UNIFIL had been unable to meet its obligations on a current basis, particularly those due to the troop-contributing countries, payments to which had never been made on a current and full basis in accordance with the rates established by the Assembly. The UNIFIL Suspense Account, established under Assembly resolution 34/9 D [YUN 1979, p. 352] to facilitate reimbursement for equipment and supplies, had not achieved its purpose of alleviating the financial burden on troop contributors. As at 31 October 1990. voluntary contributions to the Suspense Account totalling $4.6 million had been received from Governments, of which $1.7 million, received during the financial period from 1 February 1990 to 31 January 1991, was contributed by Switzerland.
The actions required from the Assembly in connection with UNIFIL financing were: for the period from 1 February 1990 to 31 January 1991 appropriation of $144,672,000 gross ($141,672,000 net) as authorized under Assembly resolution 44/188 (YUN 1989, p. 207). For the twelve-month period beginning on 1 February 1991, should the Security Council decide to continue the operation of UNIFIL, the Secretary-General estimated monthly costs of $12,789,000 gross ($12,557,000 net) based on an average troop strength of 5,850.
Although ACABQ approved such a commitment, it expressed in a December report [A/45/532) concern about the substantial and continued increase in costs for civilian staff, as well as for premises and accommodation for UNIFIL. It recommended that the Secretary-General pursue his negotiations with the host country to obtain more preferential conditions for the construction and rental of premises and accommodation, as well as a more favourable exchange rate in respect of all UNIFIL requirements.
GENERAL ASSEMBLY ACTION
On 21 December 1990, the General Assembly adopted resolution 45/244.
The General Assembly,
Having considered the report of the Secretary-General on the financing of the United Nations Interim Force in Lebanon and the related report of the Advisory Committee on Administrative and Budgetary Questions,
Bearing in mind Security Council resolution 425(1978) of 19 March 1978, by which the Council established the United Nations Interim Force in Lebanon, and the subsequent resolutions by which the Council extended the mandate of the Force, the latest of which was resolution 659(1990) of 31 July 1990,
Recalling its resolution S-8/2 of 21 April 1978 on the financing of the Force and its subsequent resolutions thereon, the latest of which was resolution 44/188 of 21 December 1989,
Reaffirming its previous decisions regarding the fact that, in order to meet the expenditures caused by the Force, a different procedure is required from the one applied to meet expenditures of the regular budget of the United Nations,
Taking into account the fact that the economically more developed countries are in a position to make relatively larger contributions and that the economically less developed countries have a relatively limited capacity to contribute towards such operations involving heavy expenditures,
Bearing in mind the special responsibilities of the States permanent members of the Security Council, as indicated in General Assembly resolution 1874(S-IV) of 27 June 1963, in the financing of such operations,
Having regard to the financial position of the Special Account for the Force, as set forth in the report of the Secretary-General, and referring to paragraph 13 of the report of the Advisory Committee,
Recalling its resolution 34/9 E of 17 December 1979 and the subsequent resolutions in which it decided that the provisions of regulations 5.2 (b), 5.2 (d), 4.3 and 4.4 of the Financial Regulations of the United Nations should be suspended, the latest of which was resolution 44/188,
Mindful of the fact that it is essential to provide the Force with the necessary financial resources to enable it to fulfil its responsibilities under the relevant resolutions of the Security Council,
Noting with appreciation that voluntary contributions have been made to the Force by certain Governments,
Concerned that the Secretary-General continues to face difficulties in meeting the obligations of the Force on a current basis, including reimbursement to current and former troop-contributing States, resulting from the withholding of contributions by certain Member States,
Concerned also that the surplus balances in the Special Account for the Force have, in effect, been drawn upon to the full extent to supplement the income received from contributions for meeting expenses of the Force,
Concerned further that the application of the provisions of regulations 5.2 (b), 5.2 (d), 4.3 and 4.4 of the Financial Regulations of the United Nations would aggravate the already difficult financial situation of the Force,
1. Decides to appropriate to the Special Account referred to in section I, paragraph 1, of General Assembly resolution S-8/2 the amount of 144,012,000 United States dollars gross (141,672,000 dollars net) authorized and apportioned by the Assembly in paragraphs 2 and 3 of its resolution 44/188 for the operation of the United Nations Interim Force in Lebanon from 1 February 1990 to 31 January 1991, inclusive;
2. Authorizes the Secretary-General to enter into commitments for the operation of the Force at a rate not to exceed 12,789,000 dollars gross (12,557,000 dollars net) per month for the twelve-month period beginning 1 February 1991, should the Security Council decide to continue the Force beyond the period of six months authorized under its resolution 659(1990);
3. Decides, as an ad hoc arrangement, to apportion the amounts referred to in paragraph 2 above among Member States, in accordance with the composition of groups set out in paragraphs 3 and 4 of General Assembly resolution 43/232 of 1 March 1989, as adjusted by the Assembly in its resolution 44/192 B of 21 December 1989, and taking into account the scale of assessments for the years 1989, 1990 and 1991;
4. Decides also that Liechtenstein shall be included in the group of Member States set out in paragraph 3 (b) of General Assembly resolution 43/232 and that its contribution to the Force shall be calculated in accordance with the provisions of the resolution to be adopted by the Assembly at its forty-fifth session regarding the scale of assessments;
5. Decides further that Namibia shall be included in the group of Member States set out in paragraph 3 (d) of General Assembly resolution 43/232 and that its contribution to the Force shall be calculated in accordance with the provisions of the resolution to be adopted by the Assembly at its forty-fifth session regarding the scale of assessments;
6. Decides that, in accordance with regulation 5.2 (c) of the Financial Regulations of the United Nations, the contributions to the Force until 31 January 1991 of the Member States referred to in paragraphs 4 and 5 of the present resolution shall be treated as miscellaneous income to be set off against the apportionments authorized in paragraph 3 of the present resolution;
7. Decides also that the provisions of regulations 5.2 (b), 5.2 (d), 4.3 and 4.4 of the Financial Regulations of the United Nations shall be suspended in respect of the amount of 21,897,147 dollars, which otherwise would have to be surrendered pursuant to those provisions, this amount to be entered in the account referred to in the operative part of General Assembly resolution 34/9 E and held in suspense until a further decision is taken by the Assembly;
8. Requests the Secretary-General to take all necessary measures to ensure that the Force shall be administered with a maximum of efficiency and economy;
9. Renews its invitation to Member States and other interested parties to,make voluntary contributions to the Force both in cash and in the form of services and supplies acceptable to the Secretary-General and also to make voluntary contributions in cash to the Suspense Account established in accordance with General Assembly resolution 34/9 D o.f 17 December 1979.
General Assembly resolution. 45/244 21 December 1990
Meeting 72 Adopted without vote
Approved by Fifth Committee (A/45/896) without vote, 19 December
(meeting 50); draft .by Chairman (A/C.5/45/L.10), orally amended by Ireland; agenda item 129 (b)
Meeting numbers. GA 45th session: 5th Committee 44, 50; plenary 72.
Syrian Arab Republic
UNDOF
The United Nations Disengagement Observer Force (UNDOF), established under Security Council resolution 350(1974) [YUN 1974, p. 205] and headquartered in Damascus, continued to supervise the observance of the cease-fire in the Golan Heights, as called for by the Agreement on Disengagement of Forces between Israel and the Syrian Arab Republic [YUN 1974, p. 198], and ensure that there were no military forces in the area of separation. Its mandate was renewed twice in 1990, in May and November, each time for a six-month period.
The issue of the human rights of the population in the occupied Syrian Arab territory was continuously monitored by the Special Committee to Investigate Israeli Practices Affecting the Human Rights of the Palestinian People and Other Arabs of the Occupied Territories and the Commission on Human Rights (see above and PART THREE, Chapter X).
Composition
As of November 1990, UNDOF had a strength of 1,324 military troops from four countries—Austria, 531; Canada, 227; Finland, 410; Poland, 156—and seven UNTSO military observers. In addition, UNTSO observers assigned to the ;
Israel-Syria Mixed Armistice Commission assisted UNDOF as needed. Command of the Force continued to be exercised by Major-General Adolf Radauer of Austria.
Activities
Reports of Secretary-General. Before the expiration the mandate of UNDOF on 31 May and 30 November 1990, the. Secretary-General reported to the Security Council on UNDOF activities during two .six-month periods, from 22 November 1989, to 21 May 1990 [S/21305] and from 22 May to 23 November 1990 [S/21950 & Corr.l).
UNDOF continued to perform its functions effectively, with the co-operation of the parties. In accordance with its mandate, it continued to supervise the area of separation to ensure that there were no military forces within it; that was carried out by means of static positions and observations posts, which were manned 24 hours a day, and by foot and mobile patrols operating at irregular intervals on predetermined routes by day and night. In addition, temporary outposts were established and patrols conducted from time to time to perform specific tasks. Located within and close to the area of separation, UNDOF maintained 35 positions and 13 outposts and conducted daily 54 patrols.
Under a programme undertaken by the Syrian authorities, civilians continued to return to the area of separation, the population of which had doubled since the start of the mandate. The Syrian Arab Republic had stationed police in the area in exercise of its administrative responsibility. UNDOF adjusted its operations accordingly to take account of those developments and to continue to carry out effectively its supervisory tasks under the Agreement on Disengagement.
In accordance with the terms of the Agreement, the Force, accompanied by liaison officers from the parties, conducted fortnightly inspections of armament and force levels in the area of limitation. Although both parties co-operated with UNDOF in carrying out its tasks, especially in observance of limitations of armaments and forces, both sides placed restrictions on movement and inspection in certain areas; the Force continued to seek the lifting of those restrictions so as to guarantee its freedom of access to all locations on both sides. UNDOF also lent its assistance and good offices on request from the parties.
The safety of Syrian shepherds who grazed their flocks close to and west of the Aline continued to be of concern. The intensified patrolling of new mine-cleared paths and, from time to time, the establishment of standing patrols in those areas helped prevent incidents. The grazing security fence in the southern part of the area of separation continued to be effective in reducing the number of incidents. New patrol paths along the A-line and B-line were under construction in the area of separation.
UNDOF was continuing its efforts to make its patrol tracks inside that area safe from mines. During the two reporting periods, three Polish mine-clearing teams cleared a total area of 92,715 square metres. Since May, the Syrian authorities—under the constant observation of UNDOF escort patrols—undertook an intensive mine-clearing operation in the sector of the Austrian battalion in order to convert all suitable agricultural areas into new productive fields.
The Force also assisted the International Committee of the Red Cross with facilities for handing over parcels and mail and for the passage of persons and personal effects across the area of separation.
In his observations concluding both reports, the Secretary-General noted that the situation in the Israel-Syria sector had remained quiet and there had been no serious incidents during the reporting periods. Despite the quiet, he said, the situation in the Middle East as a whole continued to be potentially dangerous and was likely to remain so, unless and until a comprehensive settlement covering all aspects of the Middle East problem could be reached. He hoped that determined efforts would be made by all concerned to tackle the problem in all its aspects, with a view to arriving at a just and durable peace settlement, as called for by the Security Council in resolution 338(1973) [YUN 1973, p. 213].
In the prevailing circumstances, the Secretary-General considered the continued presence of UNDOF in the area to be essential and, therefore, recommended each time that the Council extend the Force's mandate fora further six months, until 30 November 1990 and 31 May l, respectively, Syria having given its assent and Israel having expressed agreement to the extensions.
SECURITY COUNCIL ACTION
On 31 May, without debate, the Security Council adopted resolution 655(1990).
The Security Council,
Having considered the report of the Secretary-General on the United Nations Disengagement Observer Force, Decides:
(a) To call upon the parties concerned to implement immediately its resolution 338(1973) of 22 October 1973;
(b) To renew the mandate of the United Nations Disengagement Observer Force for another period of six months, that is, until 30 November 1990;
(c) To request the Secretary-General to submit, at the end of this period, a report on the developments in the situation and the measures taken to implement Security Council resolution 338(1973).
Security Council resolution 655(1990)
31 May 1990 Meeting 2925 Adopted unanimously
Draft prepared in consultations among Council members (S/21325).
On 30 November, again without debate, the Council adopted resolution 679(1990).
The Security Council,
Having considered the report of the Secretary-General on the United Nations Disengagement Observer Force,
Decides:
(a) To call upon the parties concerned to implement immediately its resolution 338(1973) of 22 October 1973;
(b) To renew the mandate of the United Nations Disengagement Observer Force for another period of six months, that is, until 31 May 1991;
(c) To request the Secretary-General to submit, at the end of this period, a report on the developments in the situation and the measures taken to implement resolution 338(1973).
Security Council resolution 679(1990)
30 November 1990 Meeting 2964 Adopted unanimously
Draft prepared in consultations among Council members (S/2197Z).
After the adoption of each resolution, the President of the Council made the following statement [S/21338, S/21974]:
In connection with the resolution just adopted on the renewal of the mandate of the United Nations Disengagement Observer Force, I have been authorized to make the following complementary statement on behalf of the Security Council:
As is known, the report of the Secretary-General on the United Nations Disengagement Observer Force states, in paragraph 24 [23 in the November report]: "Despite the present quiet in the Israel-Syria sector, the situation in the Middle East as a whole continues to be potentially dangerous and is likely to remain so, unless and until a comprehensive settlement covering all aspects of the Middle East problem can be reached." The statement of the Secretary-General reflects the view of the Security Council.
Financing
In November 1990, the Secretary-General reported [A/45/716] that, as at 31 October, assessments totalling $918.9 million had been apportioned among Member States in respect of UNDOF since its inception on 31 May 1974 [SC res. 3500974)] to 30 November 1990, and of the United Nations Emergency Force, established in 1973 [SC res. 340(1973)] and liquidated in 1980 [YUN 1980, p. 361]. Contributions received for the same period amounted to $866.5 million. The unpaid assessed balance totalled $52.4 million, only $8.9 million of which could be considered collectible, leaving a shortfall of $43.5 million, including $36 million transferred to a special account in accordance with General Assembly resolution 36/116 A [YUN 1981, p. 1299].
By resolution 44/187 [YUN 1989, p. 209], the Assembly had appropriated $20,208,000 for UNDOF for the period from 1 December 1989 to May 1990, and authorized the Secretary-General to enter into commitments for UNDOF at a rate not to exceed $3,368,000 gross ($3,283,000 net) per month for the period from 1 June to 30 November 1990. In his performance report for the period from 1 December 1989 to 30 November 1990, the Secretary-General noted that an unencumbered balance of $887,000 gross ($765,000 net) existed in respect of that period, as at 31 October 1990. He proposed that Member States be credited with that amount against their assessed contributions for mandate periods subsequent to 30 November 1990, should the Security Council decide to continue UNDOF.
The Secretary-General estimated the costs of UNDOF to be $3,446,500 gross ($3,366,500 net) per month from 1 December 1990 onwards. In December, ACABQ recommended [A/45/832] that the Assembly approve proposed commitment authority up to that level. ACABQ also recommended, as proposed by the Secretary-General, that Member States be credited with the unencumbered balance of $887,000 gross ($765,000 net), and that a further $2,017,408, representing the surplus balance in the UNDOF account as at 31 December 1989, be similarly credited to Member States.
ACABQ, as in the case of UNIFIL, expressed concern over the substantial and continued increase in costs for premises and accommodation and civilian staff costs. It recommended that the Secretary-General pursue his negotiations with the host country in order to obtain more preferential conditions for the construction and rental of premises and accommodation, as well as a more favourable exchange rate in respect of all UNDOF requirements.
GENERAL ASSEMBLY ACTION
On 21 December 1990, the General Assembly adopted resolution 45/243.
The General Assembly,
Having considered the report of the Secretary-General on the financing of the United Nations Disengagement Observer Force, and the related report of the Advisory Committee on Administrative and Budgetary Questions,
Bearing in mind Security Council resolution 350(1974) of 31 May 1974, by which the Council established the United Nations Disengagement Observer Force, and the subsequent resolutions by which the Council extended the mandate of the Force, the latest of which was resolution 679(1990) of 30 November 1990,
Recalling its resolution 3211 B (XXIX) of 29 November 1974 on the financing of the United Nations Emergency Force and the United Nations Disengagement Observer Force and its subsequent resolutions thereon, the latest of which was resolution 44/187 of 21 December 1989,
Reaffirming its previous decisions regarding the fact that, in order to meet the expenditures caused by the United Nations Disengagement Observer Force, a different procedure is required from the one applied to meet expenditures of the regular budget of the United Nations,
Taking into account the fact that the economically more developed countries are in a position to make relatively larger contributions and that the economically less developed countries have a relatively limited capacity to contribute towards such operations involving heavy expenditures,
Bearing in mind the special responsibilities of the States permanent members of the Security Council, as indicated in General Assembly resolution 1874(S-IV) of 27 June 1963, in the financing of such operations,
Noting with appreciation that voluntary contributions have been made to the United Nations Disengagement Observer Force by one Government,
Having regard to the financial position of the Special Account for the United Nations Emergency Force and the United Nations Disengagement Observer Force, as set forth in the report of the Secretary-General, and referring to paragraphs 16 to 18 and 27 of the report of the Advisory Committee,
Recognizing that, as a consequence of the withholding of contributions by certain Member States, the surplus balances in the Special Account for the United Nations Emergency Force and the United Nations Disengagement Observer Force have, in effect, been drawn upon to supplement the income received from contributions for meeting expenses of the Forces,
Mindful of the fact that it is essential to provide the United Nations Disengagement Observer Force with the necessary financial resources to enable it to fulfil its responsibilities under the relevant resolutions of the Security Council,
1. Decides to appropriate to the Special Account referred to in section IT, paragraph 1, of General Assembly resolution 3211 B (XXIX) the amount of 20,208,000 United States dollars gross (19,698,000 dollars net) authorized and apportioned by the Assembly in paragraph 6 of its resolution 44/187 for the operation of the United Nations Disengagement Observer Force for the period from 1 June to 30 November 1990, inclusive;
2. Decides also to appropriate to the Special Account an amount of 20,679,000 dollars for the operation of the United Nations Disengagement Observer Force for the period from 1 December 1990 to 31 May 1991, inclusive;
3. Decides further, as an ad hoc arrangement, to apportion the amount of 20,679,000 dollars for the above-mentioned period among Member States, in accordance with the composition of groups set out in paragraphs 3 and 4 of General Assembly resolution 43/232 of 1 March 1989, as adjusted by the Assembly in its resolution 44/192 B of 21 December 1989, and taking into account the scale of assessments for the years 1989, 1990 and 1991;
4. Decides that there shall be set off against the apportionment among Member States, as provided for in paragraph 3 of the present resolution, their respective share in the unencumbered balance of 887,000 dollars gross (765,000 dollars net) for the period from 1 December 1989 to 30 November 1990, inclusive;
5. Decides also that there shall be set off against the apportionment among Member States, as provided for in paragraph 3 of the present resolution, their respective share in the estimated income of 7,000 dollars other than staff assessment income approved for the period from 1 December 1990 to 31 May 1991, inclusive;
6. Decides further that, in accordance with the provisions of its resolution 973(X) of 15 December 1955, there shall be set off against the apportionment among Member States, as provided for in paragraph 3 of the present resolution, their respective share in the Tax Equalization Fund of the estimated staff assessment income of 473,000 dollars approved for the period from 1 December 1990 to 31 May 1991, inclusive;
7. Decides that the surplus balance as at 31 December 1989 in the amount of 2,017,408 dollars shall be credited to Member States against their assessments in respect of such mandate periods as may be approved by the Security Council subsequent to 31 May 1991;
8. Authorizes the Secretary-General to enter into commitments for the United Nations Disengagement Observer Force at a rate not to exceed 3,446,500 dollars gross (3,366,500 dollars net) per month for the period from 1 June to 30 November 1991, inclusive, should the Security Council decide to continue the Force beyond the period of six months authorized under its resolution 679(1990), the said amount to be appropriated among Member States in accordance with the scheme set out in the present resolution;
9. Decides that Liechtenstein shall be included in the group of Member States set out in paragraph 3 (b) of General Assembly resolution 43/232 and that its contribution to the United Nations Disengagement Observer Force shall be calculated in accordance with the provisions of the resolution to be adopted by the Assembly at its forty-fifth session regarding the scale of assessments;
10. Decides also that Namibia shall be included in the group of Member States set out in paragraph 3 (d) of General Assembly resolution 43/232 and that its contribution to the United Nations Disengagement Observer Force shall be calculated in accordance with the provisions of the resolution to be adopted by the Assembly at its forty-fifth session regarding the scale of assessments;
11. Decides further that, in accordance with regulation 5.2 (c) of the Financial Regulations of the United Nations, the contributions to the United Nations Disengagement Observer Force until 30 November 1990 of the Member States referred to in paragraphs 9 and 10 of the present resolution shall be treated as miscellaneous income to be set off against the apportionments authorized in paragraph 3 of the present resolution;
12. Invites voluntary contributions to the United Nations Disengagement Observer Force in cash and in the form of services and supplies acceptable to the Secretary-General, to be administered, as appropriate, in accordance with the procedure established by the General Assembly in its resolution 44/192 A of 21 December 1989;
13. Requests the Secretary-General to take all necessary action to ensure that the United Nations Disengagement Observer Force is administered with a maximum of efficiency and economy.
General Assembly resolution 45/243 21 December 1990
Meeting 72 Adopted without vote
Approved by Fifth Committee (A/45/895) without vote, 19 December
(meeting 50); draft by Chairman (A/C.5/45/L9), orally revised; agenda item 129 (a).
Meeting numbers. GA 45th session: 5th Committee 44, 50; plenary 72.
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Document Type: Yearbook
Document Sources: United Nations Department of Public Information (DPI)
Subject: History, Human rights and international humanitarian law, Jerusalem, Palestine question, Refugees and displaced persons
Publication Date: 31/12/1990