YEARBOOK
OF THE
UNITED NATIONS
Volume 46
Department of Public Information
United Nations, New York
Middle East
United Nations efforts to bring about a comprehensive settlement of the complex Middle East conflict remained unswerving throughout 1992. The parties to the conflict were themselves engaged in an ongoing peace process sponsored by the Russian Federation and the United States, to the multilateral negotiations of which the United Nations had been invited as a full participant. Several Member States welcomed as a positive contribution to that process the fact that the General Assembly deviating from past practice, did not adopt a general resolution on the Middle East during the year. The Assembly expressed the need, however, for the United Nations to play an expanded role in that process.
Concerted action by various United Nations bodies focused on the question of Palestine; on the policies and practices of Israel in the Palestine territory, including Jerusalem, and other Arab territories it had occupied since 1967; and on assistance to the Palestine refugees. To help keep the region's volatility in check, the Security Council extended the mandate of the United Nations Interim Force in Lebanon, as well as that of the United Nations Disengagement Observer Force in the Golan Heights, so that both peace-keeping operations remained in place throughout the year.
The Committee on the Exercise of the Inalienable Rights of the Palestinian People (Committee on Palestinian rights) continued to press for the implementation of its original (1976) recommendations on the rights of the Palestinians to return to their homes and property and to achieve self-determination, national independence and sovereignty in Palestine—and for the convening of an international peace conference under United Nations auspices. The Assembly considered that such a conference should take place, at a certain stage, in the light of the Secretary-General's assessment that sufficient agreement did not exist to permit its imminent convening.
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) drew to the Assembly's attention the worsening situation in the occupied territories owing to Israeli policies and practices there and to the occupation itself. The Commission on Human Rights reiterated the Palestinians' right to self-determination and called on Israel to desist from human rights violations in the territories.
The United Nations Relief and Works Agency for Palestine Refugees in the Near East continued to provide a wide-ranging programme of education, health, relief and social services for the Palestine refugees. It appealed for more funds from the donor community to enable it to expand its services to meet rising demands from a refugee population that had swelled to an estimated 2.73 million by the end of the year.
By a series of resolutions, the Assembly addressed specific aspects of the refugee problem and of the situation in the occupied territories. By mid-1992, those territories had been under Israeli occupation for a quarter of a century. Throughout that time the territories' Palestinian and other Arab inhabitants had refused to accept the occupation as a permanent fact. The persistent uprising, born of that refusal, and its suppression by Israeli military force and collective punishment led the Assembly once more to request the Security Council urgently to consider measures to provide international protection to the Palestinian civilians in those territories. The Security Council condemned the renewed cycle of violence between March and April. It convened in January to consider Israel's resumption of deportations, on that occasion of 12 Palestinians accused of inciting terrorism. It met again in December strongly to condemn Israel's deportation of hundreds of Palestinians into Lebanon, to demand their safe and immediate return to the territories, and to ask the Secretary-General to consider dispatching a representative to discuss the matter with the Government of Israel. Of the 418 Palestinians under deportation orders, 383 were deported into southern Lebanon despite that country's unwillingness to receive them.
The Economic and Social Council, as well as the Assembly, deplored Israel's confiscation of land, its appropriation of water resources and depletion of other economic resources. A number of other United Nations organs and specialized agencies maintained their programmes of economic and social assistance for the Palestinians during the year.
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Middle East situation
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The General Assembly, deviating from past practice, in 1992 did not adopt a resolution on the general situation in the Middle East—a gesture welcomed by several Member States as a positive contribution to the ongoing peace process launched at Madrid, Spain, in 1991.(1) While welcoming that process, the Assembly reaffirmed the urgency of achieving a comprehensive settlement of the Arab-Israeli conflict—the core of which was the question of Palestine—and considered that the convening, at a certain stage, of an International Peace Conference on the Middle East under United Nations auspices would contribute to the promotion of peace in the region (resolution 47/64 D).
It was the Secretary-General's assessment, however, that sufficient agreement did not exist to permit convening such a conference in the foreseeable future. In the meantime, the United Nations had become a full participant in the multilateral negotiations on regional matters of the ongoing peace process.
Reports of the Secretary-General. In response to a General Assembly request of 1991,(2) the Secretary-General reported to the Assembly and the Security Council on developments in the Middle East situation during the period 16 November 1991 to 20 November 1992.(3) He gave an overview of all aspects of the situation, including the various peace-keeping operations in the region, the situation in the occupied territories, the Palestine question and the Palestine refugees.
The Secretary-General stated that he had followed closely the Peace Conference on the Middle East in progress in Washington, D.C., had maintained contact with its co-sponsors (the United States and the Russian Federation) and the parties concerned (Israel, Lebanon, the Syrian Arab Republic and a joint Jordanian-Palestinian delegation), and had underlined United Nations readiness to assist in any way useful. He believed that the United Nations, with its wide experience in peace-keeping, humanitarian relief and technical assistance, was in a position to play a more substantive and integrated role in the Middle East. He recalled that United Nations peace-keeping had its origins in the region, where for decades it had contributed to peace and stability, and where, in the economic and social domains United Nations agencies and programmes had a solid record of assistance. He noted that Security Council resolutions 242(1967)(4) and 338(1973),(5) long recognized as the cornerstone of a comprehensive settlement of the Arab-Israeli conflict, were the basis of the current negotiating process.
The Secretary-General also stated that, on 20 November 1992, following the invitation extended to the United Nations as a full participant in the multilateral negotiations of the Peace Conference he had appointed Chinmaya Rajaninath Gharekhan (India), with effect from January 1993, as his Special Representative to coordinate the role of the United Nations in the working groups on arms control and regional security, economic and regional development, environment, refugees and water.
The Secretary-General submitted a second report(6) reproducing replies, received as of 16 November from four States, to his request for information regarding implementation of the Assembly's 1991 call on all States not to provide Israel with any assistance to be used specifically in connection with settlements in the occupied Palestinian territory and other occupied Arab territories.(2)
GENERAL ASSEMBLY CONSIDERATION
During the General Assembly's consideration of the agenda item on the Middle East situation on 11 December 1992, Indonesia, on behalf also of Afghanistan, Cuba, Malaysia, Mauritania, Morocco, Oman, Pakistan, the Sudan, the Syrian Arab Republic, Viet Nam and Yemen, introduced a draft resolution(7) embodying the text of the resolution traditionally adopted on the item. As in the past, its provisions included a reaffirmation of the Assembly's 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 withdrawal of Israel from the Palestinian territory occupied since 1967, including Jerusalem, and other occupied Arab territories.
The sponsors recommended, however, that the Assembly not take action on the draft, although they reserved the right to request action on it later in the current session. Canada, Japan and the United Kingdom welcomed that recommendation as a positive contribution towards the ongoing Middle East peace process. Because the text was repetitive of the previous year's resolution on the subject,(2) the Russian Federation joined in welcoming the sponsors' decision.
Proposed peace conference
under UN auspices
As requested by General Assembly resolution 46/75 of 1991, calling for an international peace conference on the Middle East,(8) the Secretary-General submitted a progress report on 27 November 1992(9) on developments concerning the prospects for such a conference, first endorsed by the Assembly in 1983.(10) The report stated that the Security Council had yet to reply to the Secretary-General's request for its views on the matter. However, Israel, Lebanon, the Syrian Arab Republic and the Palestine Liberation Organization (PLO) had communicated their positions, in response to a similar request made of them and of Egypt and Jordan as participants in such a conference.
In its note of 9 November, Israel pointed out that it had consistently voted against Assembly resolutions calling for an international peace conference, having long advocated direct negotiations as the only framework to advance peace in the Middle East. It was currently engaged in direct face-to-face negotiations with its neighbours in bilateral and multilateral frameworks, in the multilateral negotiations of which the United Nations had become a participant. Israel described resolution 46/75 as detached from reality and anachronistic, and found unacceptable its inclusion of PLO as a conference participant, for it was a terrorist organization and as such could not be considered a partner in peace negotiations. Resolution 46/75, by reaffirming a series of principles that prejudged the very principles contained in Council resolutions 242(1967) and 338(1973), stood in opposition to any genuine notion of peace, thus contradicting itself.
Lebanon's note of 16 November stressed the following points: it supported the convening of an international conference and agreed in principle to attend, although its primary interest lay in the liberation of all of its territory; its attendance should in no way imply a link between the resolution of its problem and that of the Middle East as a whole; it rejected any attempt to settle Palestinians in Lebanese territory; it insisted that the problem of Israel's occupation of Lebanese territory must be solved by implementing Council resolution 425(1978)(11) calling for the immediate cessation of Israel's military action against Lebanon's territorial integrity and withdrawal of Israel's forces from all Lebanese territory; and it insisted on adherence to all provisions of the 1949 General Armistice Agreement.(12) Lebanon noted that its participation in the current Peace Conference was in response to a United States invitation stating the need for implementing resolution 425(1978).
The Syrian Arab Republic advised on 19 November that, in continuance of its efforts to help establish a comprehensive peace based on Council resolutions 242(1967) and 338(1973), it agreed to participate in the current Peace Conference. It stressed that a failure of that Conference to arrive at an agreement would not affect its commitment to Assembly resolution 46/75 or to other United Nations resolutions on the Arab-Israeli conflict and on the Palestine question. It stated its belief that the Assembly should reaffirm the need for continued international efforts to achieve a comprehensive peace that secured Israel's full withdrawal from all occupied Arab territories and guaranteed the national rights of the Palestinian people.
PLO, in its note of 3 November, expressed support for the peace process currently under way and had authorized Palestinian participation in it. Unfortunately, a year had passed and the negotiations had not achieved any tangible results—because as the chairman of the observer delegation of Palestine noted in his statement on 30 November before the Assembly, of Israel's intransigent posture. Consequently, PLO believed that an international peace conference represented the most effective means of achieving peace in the Middle East. In view of the complexity of the issues relating to the Palestine question and the Middle East situation, PLO deemed it imperative that such a conference must be convened at a certain stage.
From the foregoing communications, the Secretary-General concluded that sufficient agreement did not exist to permit the convening of an international peace conference as outlined in resolution 46/75. It was important to note, he added, that the negotiations begun at Madrid had continued throughout the year and had been widened to include full United Nations participation in the multilateral working groups on regional issues.
On the other hand, the Committee on Palestinian rights,(13) in adopting its work programme, continued to give utmost priority to the convening of an international peace conference under United Nations auspices.
GENERAL ASSEMBLY ACTION
The General Assembly, on 11 December 1992 adopted resolution 47/64 D by recorded vote.
The General Assembly,
Recalling its resolutions 43/176 of 15 December 1988, 44/42 of 6 December 1989, 45/68 of 6 December 1990 and 46/75 of 11 December 1991,
Having considered the report of the Secretary-General of 27 November 1992,
Having heard the statement made on 30 November 1992 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,
Noting the convening at Madrid, on 30 October 1991, of the Peace Conference on the Middle East and the subsequent bilateral negotiations, as well as meetings of the multilateral working groups,
Noting also that the United Nations has participated as a full, extraregional participant in the work of the multilateral working groups,
Preoccupied by the increasingly serious situation in the occupied Palestinian territory, including Jerusalem, as a result of persistent policies and practices of Israel, the occupying Power,
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. Welcomes the ongoing peace process, which started at Madrid, and expresses the hope that it will lead to the establishment of a comprehensive, just and lasting peace in the region;
3. Expresses the need for the United Nations to play a more active and expanded role in the current peace process;
4. Considers that the convening, at a certain stage, of an 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 Palestine people, primarily the right to self-determination, would contribute to the promotion of peace in the region;
5. 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 peace and 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;
6. 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 transitional period or, alternatively, to provide international protection for the Palestinian people there, as part of the peace process;
7. Requests the Secretary-General to continue his efforts with the parties concerned, and in consultation with the Security Council, for the promotion of peace in the region, and to submit progress reports on developments in this matter.
General Assembly resolution 47/64 D
11 December 1992 Meeting 84 93-4-60 (recorded vote)
26-nation draft (A/47/L.38 & Add.1); agenda item 30.
Sponsors: Afghanistan, Algeria, Bangladesh, Comoros, Cuba, Guinea, India, Indonesia, Jordan, Lao People's Democratic Republic, Lebanon, Madagascar, Malaysia, Mali, Malta, Mauritania, Morocco, Pakistan, Qatar, Saudi Arabia, Senegal, Sudan, Tunisia, Vanuatu, Viet Nam, Yemen.
Meeting numbers. GA 47th session: plenary 74-77, 84.
Recorded vote in Assembly as follows:
In favour: Afghanistan, Algeria, Angola, Azerbaijan, Bahrain, Bangladesh, Barbados, Bhutan, Botswana, Brazil, Brunei Darussalam, Burkina Faso, Burundi, Cameroon, Central African Republic, Chad, Chile, China, Colombia, Comoros, Cote d’Ivoire, Cuba, Cyprus, Democratic People's Republic of Korea, Djibouti, Ecuador, Egypt, El Salvador, Ethiopia, Fiji, Gabon, Gambia, Ghana, Guinea, Guyana, Haiti, Honduras, India, Indonesia, Iran, Iraq, Jamaica, Jordan, Kenya, Kuwait, Lao People's Democratic Republic, Lebanon, Lesotho, Libyan Arab Jamahiriya, Madagascar, Malaysia, Maldives, Mali, Malta, Mauritania, Mauritius, Mexico, Mongolia, Morocco, Myanmar, Namibia, Nepal, Nicaragua, Niger, Nigeria, Oman, Pakistan, Paraguay, Peru, Philippines, Qatar, Rwanda, Saudi Arabia. Senegal, Sierra Leone, Singapore, Sri Lanka, Sudan, Suriname, Syrian Arab Republic, Thailand, Togo, Tunisia, Turkey, Uganda, United Arab Emirates, United Republic of Tanzania, Vanuatu, Venezuela, Viet Nam, Yemen, Zambia, Zimbabwe.
Against: Israel, Marshall Islands, Micronesia, United States.
Abstaining: Albania, Antigua and Barbuda, Argentina, Australia, Austria, Bahamas, Belarus, Belgium, Belize, Benin, Bolivia, Bosnia and Herzegovina, Bulgaria, Canada, Costa Rica, Croatia, Czechoslovakia, Denmark, Dominica, Dominican Republic, Estonia, Finland, France, Germany, Greece, Guatemala, Hungary, Iceland, Ireland, Italy, Japan, Kazakhstan, Latvia, Liechtenstein, Lithuania, Luxembourg, Malawi, Netherlands, New Zealand, Norway, Panama, Poland, Portugal, Republic of Korea, Republic of Moldova, Romania, Russian Federation, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Samoa, San Marino, Slovenia, Solomon Islands, Spain, Swaziland, Sweden, Ukraine, United Kingdom, Uruguay.
Before adopting the text as a whole, the Assembly adopted operative paragraphs 4, 5 and 6 by recorded votes of, respectively: 87 to 5, with 58 abstentions; 87 to 6, with 59 abstentions, and 90 to 5, with 57 abstentions.
The Russian Federation, a co-sponsor of the current peace talks, suggested earlier that, instead of presenting the traditional and outdated draft resolution on the convening of an international peace conference, the Assembly should adopt a brief resolution aimed at promoting the Arab-Israeli negotiations currently under way without touching on the substance of questions discussed. Such a resolution might reaffirm the urgent need for the achievement of a comprehensive, just and lasting settlement of the Arab-Israeli conflict, welcome the negotiation process within the framework of the Peace Conference taking place at a bilateral level and also in multilateral working groups, call on all parties to those negotiations to demonstrate a constructive and responsible approach and on all other parties concerned to endeavour to ensure a favourable atmosphere to promote the successful conclusion of the ongoing negotiations.
Israel felt that, in the view of the current peace talks and the Secretary-General's assessment that sufficient agreement did not exist to permit the convening of an international peace conference, there was no reason for the resolution just adopted. The text was changed to call for the convening of such a conference "at a certain stage" to create the impression that the resolution and the current peace process were somehow compatible, which they were not. The resolution laid down five principles for the achievement of peace that predetermined the outcome of this proposed international conference, in contradiction of any fair notion of peace. On the other hand, the peace process begun at Madrid and continuing at Washington, D.C. was based on the principle of direct negotiations without preconditions between Israel and its Arab neighbours.
After the vote, a representative of the Permanent Observer Mission of Palestine to the United Nations underscored the importance of three principles: permanent United Nations responsibility in relation to the question of Palestine until the question was resolved in all its aspects, the effective implementation of United Nations resolutions, particularly those of the Security Council, that were binding regardless of developments in the current, or in any other, peace process; and any positive change in the international community's stance towards Israel should be meticulously concurrent with and equal to genuine progress in the peace process and in the actual situation in the occupied territories.
United Nations Truce Supervision Organization
As described by the Secretary-General in his November report on the situation in the Middle East,(3) three peace-keeping operations remained in place in the region: two peace-keeping forces—the United Nations Disengagement Observer Force (UNDOF) (see below, under "Israel and the Syrian Arab Republic") and the United Nations Interim Force in Lebanon (UNIFIL) (see below, under "Lebanon")—and an observer mission, the United Nations Truce Supervision Organization (UNTSO). Headquartered in Jerusalem, with liaison offices in Amman, Jordan, and Beirut, Lebanon, UNTSO continued to assist UNDOF and UNIFIL in the performance of their tasks.
UNTSO was in the process of gradually reducing its strength, from 298 to some 220 military observers. The observers were from the following countries: Argentina, Australia, Austria, Belgium, Canada, Chile, China, Denmark, Finland, France, Ireland, Italy, Netherlands, New Zealand, Norway, Russian Federation, Sweden, Switzerland, United States.
REFERENCES
(1)YUN 1991, p. 221. (2)Ibid., p. 222, GA res. 46/82 A, 16 Dec. 1991. (3)A/47/672-S/24819. (4)YUN 1967, p. 257, SC res. 242(1967), 22 Nov. 1967. (5)YUN 1973 p. 213, SC res. 338(1973), 22 Oct. 1973. (6)A/47/673. (7)A/47/L.41 & Add.1. (8)YUN 1991, p. 224, GA res. 46/75, 11 Dec. 1991 (9)A/47/716-S/24845. (10)YUN 1983, p. 278, GA res. 38/58 C; 13 Dec. 1983. (11)YUN 1978, p. 312, SC res. 425(1978), 19 Mar. 1978. (12)YUN 1948-49, p. 185. (13)A/47/35.
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Palestine question
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The question of Palestine remained a subject of debate and of several resolutions by the General Assembly in 1992.
Besides reaffirming the question to be the core of the Middle East conflict (resolution 47/64 D), the Assembly, following its consideration of the annual report of the Committee on Palestinian rights, endorsed the Committee's recommendations and drew the attention of the Security Council to the fact that action on them was still awaited (47/64 A); requested resources for the Division for Palestinian Rights, as well as continued cooperation with it (47/64 B); and further requested the Department of Public Information (DPI) to continue its special information programme on the question during the 1992-1993 biennium (47/64 C). It again determined that Israel's 1980 decision(1) to impose its laws, jurisdiction and administration on Jerusalem was illegal and therefore null and void (47/63 B).
Having reviewed the assistance provided by the United Nations system to Palestinians throughout the year, the Assembly, on the recommendation of the Economic and Social Council (1992/58) asked for sustained and increased international assistance to the Palestinian people, in cooperation with PLO (47/170). It requested the United Nations Conference on Trade and Development (UNCTAD) to maintain its programme of assistance in its current form, also in cooperation with PLO (decision 47/445).
In related actions, the Assembly demanded that Israel acknowledge the de jure applicability of the 1949 Geneva Convention relative to the Protection of Civilian Persons in Time of War (fourth Geneva Convention) to the occupied Palestinian territory and other Arab territories, that it desist from changing their legal status, geographical nature or demographic composition, and that it allow the Committee on Israeli practices access to them (see below, under "Territories occupied by Israel"); the Assembly also proposed the establishment of a university for Palestine refugees (see also below under "Palestine refugees").
Communications. The Permanent Observer of Palestine, on 4 March 1992,(2) transmitted to the Secretary-General a document presented by the Palestinian delegation (the Palestinian side of the joint Palestinian-Jordanian delegation) to Israel on 3 March during the round of negotiations in progress in Washington, D.C. The document outlined the model for a Palestinian Interim Self-Governing Authority (PISGA) as part of interim arrangements for self-government, based on free elections under international supervision and entailing the orderly transfer to PISGA of the powers and responsibilities currently exercised by Israel in the occupied Palestinian territory, including Jerusalem. PISGA would provide a framework in which Palestinians, in the occupied territory or in exile, would be able to participate, on an equal footing, in all negotiations leading to the permanent resolution of the Palestinian question in all its aspects.
The document emphasized that acceptance of the proposed interim arrangements by the Palestinians would in no way prejudice the exercise of their legitimate right to self-determination, as embodied in the Charter of the United Nations and relevant United Nations resolutions, and as stipulated by the Assembly in 1947.(3) It further emphasized the Palestinian resolve to establish an independent State of Palestine, alongside the State of Israel, and that, once established, it would opt for a confederal relationship with Jordan. The document defined the powers and responsibilities to be vested in PISGA and outlined the modalities for electing a legislative assembly, together with specific measures to be undertaken by Israel in advance of the elections.
Israel, in its statement before the Special Political Committee on 24 November, referred to its offer of interim arrangements for Palestinian self-government within a relatively short period, having put forward a series of proposals that would enable the Palestinians to conduct their own affairs under an administrative-executive council which could be chosen by elections. Negotiations on a permanent settlement, based on Council resolutions 242(1967)(4) and 338(1973),(5) would begin in the third year of such arrangements. The proposed autonomy, being less than independence, was acknowledged earlier as imperfect by Israel's Minister for Foreign Affairs, but was clearly a way out of the existing impasse.
In December, during the debate on the question of Palestine, Israel expanded on its concept of the elected Palestinian council. Its broad powers and responsibilities would include administration of 15 spheres of operation: justice; personnel matters; agriculture; ecology; education and culture; finance, budget and taxation; health; industry and commerce; labour; local police; local transportation and communications, municipal affairs, religious affairs; social welfare; and tourism.
Activities of the Committee on Palestinian rights. The Committee on Palestinian rights, established in 1975,(6) continued in 1992 to follow developments in the Israeli-occupied territory and actions by Israel which the Committee regarded as violations of international law or of United Nations resolutions. It brought such actions—including Israeli settlements, Israeli exploitation of Arab-owned land, human rights violations and other matters affecting Palestinian rights—to the attention of the General Assembly and the Security Council.(7) It submitted a report on its activities to the Assembly in November.(8)
The Committee and, under its guidance, the Division for Palestinian Rights, continued to expand cooperation with non-governmental organizations (NGOs) in order to promote awareness of the Palestine question and create conditions favourable for the implementation of its recommendations. To that end, the Committee carried out its approved programme of regional NGO symposia and seminars for 1992.
The Asian symposium (Nicosia, Cyprus, 20-24 January) was on the theme of developing solidarity activities by Israeli and other organizations with Palestinian women, physicians, health workers and students; the event was combined with an Asian regional seminar on the topics of a just settlement of the Palestine question, protection of the Palestinian people in occupied Palestinian territory, and international and regional issues. The North American symposium (New York, 24-26 June) centred on the themes of overcoming the obstacles of 25 years of Israeli occupation and of preparing the way for Palestine; it was preceded by a North American regional seminar (New York, 22 and 23 June) that focused on enforcing the 1949 fourth Geneva Convention. The European symposium (Geneva, 24 and 25 August) had as its theme "Working for peace: European coordination"; it was followed by an international NGO meeting (Geneva, 26-28 August) on the subject of protection and statehood and by a European regional seminar (Qawra, Malta, 27-29 July) that explored international action to ensure the safety and protection of Palestinians in the occupied Palestinian territory and efforts to promote implementation of United Nations resolutions on Palestine and the Middle East.
The Committee reiterated its conviction that Security Council action on its recommendations first made in 1976,(9) would contribute to promoting a peaceful settlement of the Palestine question, the core of the Arab-Israeli conflict in the Middle East. While welcoming the Peace Conference on the Middle East begun at Madrid in 1991 and the subsequent 1992 bilateral and multilateral talks, the Committee continued to promote the convening of an international peace conference under United Nations auspices. It called on Israel to respond positively to the Palestinian peace initiative put forward by the PLO Chairman before the Assembly in 1988 and subsequent proposals, and to recognize the inalienable national rights of the Palestinian people, particularly self-determination.
The Committee expressed concern at the continuing deterioration of the situation in the occupied Palestinian territory and repressive measures imposed by Israel in violation of the fourth Geneva Convention. It deplored Israel's reliance on military force to suppress the Palestinian uprising, the intifadah, already in its fifth year, and condemned Israel's intensified pursuit of its policy of land confiscation and settlement in the occupied territories, including Jerusalem, and its imposition of curfews and collective punishment and restrictions on Palestinians' freedom of movement and economic activities.
The Committee reaffirmed that Israel's continued occupation of Palestinian and other Arab territories and denial of the Palestinians' inalienable rights to self-determination, to national independence and to return to their homes and property constituted the principal obstacles to the achievement of a just peace. It restated its full support for the intifadah to end that occupation and to implement the 1988 proclamation of independence.(10) It reaffirmed the principles it had recommended in 1976, subsequently elaborated by the International Conference on the Question of Palestine,(11) including Israel’s withdrawal from the occupied territories, respect for the right of all States in the region to live in peace within secure and internationally recognized boundaries, and recognition of the national rights of the Palestinians.
In expressing hope for radical changes in Israeli policies under the new Government of Israel, the Committee called on it immediately to cease all land confiscation and settlement activities, release political prisoners; end deportations, administrative detention, ill-treatment and torture of prisoners and extrajudicial killings; restore freedom of movement and other civil liberties, and repeal the military orders through which it controlled every area of Palestinian daily life. Pending a political settlement, it pointed to the urgency of action to ensure that Israel, as occupying Power, abide by its obligations under the fourth Geneva Convention, as called for by the Security Council in 1990.(12)
Finally, the Committee reiterated its call on the United Nations system, Governments and intergovernmental and non-governmental organizations to increase their economic and social assistance to the Palestinians.
GENERAL ASSEMBLY ACTION
Following consideration of the report of the Committee on Palestinian rights, the General Assembly adopted four resolutions on the question of Palestine. Resolution 47/64 A was adopted on 11 December by recorded vote.
The General Assembly,
Recalling its resolutions 181(II) of 29 November 1947 194(III) 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 A of 2 December 1977, 33/28 A and B of 7 December 1978, 34/65 A of 29 November 1979 and 34/65 C of 12 December 1979, ES-7/2 of 29 July 1980, 35/169 A and C of 15 December 1980, 36/120 A and C of 10 December 1981, ES-7/4 of 28 April 1982, 37/86 A of 10 December 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, 44/41 A of 6 December 1989, 45/67 A of 6 December 1990 and 46/74 A of 11 December 1991,
Having considered the report of the Committee on the Exercise of the Inalienable Rights of the Palestinian People,
Affirming that the United Nations has a permanent responsibility with respect to the question of Palestine until the question is resolved in all its aspects in a satisfactory manner in accordance with international legitimacy,
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 85 to 94 of its report and draws the attention of the Security Council to the fact that action on the recommendations of the Committee, 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 work as it may consider appropriate and 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-eighth session and thereafter;
5. Also requests the Committee to continue to extend its cooperation 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 recommendations of the Committee, 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(III), as well as other United Nations bodies associated with the question of Palestine, to continue to cooperate 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 programme of implementation of the Committee;
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 47/64 A
11 December 1992 Meeting 84 115-3-40 (recorded vote)
27-nation draft (A/47/L.35 & Add.1); agenda item 30.
Sponsors: Afghanistan, Algeria, Bangladesh, Comoros, Cuba, Guinea, India, Indonesia, Jordan, Lao People's Democratic Republic, Lebanon, Madagascar, Malaysia, Mali, Malta, Mauritania, Morocco, Pakistan, Qatar, Saudi Arabia, Senegal, Sudan, Tunisia, Ukraine, Vanuatu, Viet Nam, Yemen.
Meeting numbers. GA 47th session: plenary 74-77, 84.
Recorded vote in Assembly as follows:
In favour: Afghanistan, Algeria, Angola, Antigua and Barbuda, Azerbaijan, Bahamas, Bahrain, Bangladesh, Barbados, Belarus, Belize, Benin, Bhutan, Bolivia, Bosnia and Herzegovina, Botswana, Brazil, Brunei Darussalam, Burkina Faso, Burundi, Cameroon, Cape Verde, Central African Republic, Chad, Chile, China, Colombia, Comoros, Cote d’Ivoire, Cuba, Cyprus, Democratic People's Republic of Korea, Djibouti, Dominica, Ecuador, Egypt, El Salvador, Ethiopia, Fiji, Gabon, Gambia, Ghana, Greece, Guatemala, Guinea, Guyana, Haiti, India, Indonesia, Iran, Iraq, Jamaica, Jordan, Kazakhstan, Kenya, Kuwait, Lao People's Democratic Republic, Lebanon, Lesotho, Liberia, Libyan Arab Jamahiriya, Madagascar, Malaysia, Maldives, Mali, Malta, Mauritania, Mauritius, Mexico, Mongolia, Morocco, Myanmar, Namibia, Nepal, Nicaragua, Niger, Nigeria, Oman, Pakistan, Panama, Paraguay, Peru, Philippines, Qatar, Republic of Korea, Rwanda, Saint Kitts and Navis, Saint Lucia, Saint Vincent and the Grenadines, Samoa, Saudi Arabia, Senegal, Sierra Leone, Singapore, Spain, Sri Lanka, Sudan, Suriname, Swaziland, Syrian Arab Republic, Thailand, Togo, Tunisia, Turkey, Uganda, Ukrainian SSR, United Arab Emirates, United Republic of Tanzania, Uruguay, Vanuatu, Venezuela, Viet Nam, Yemen, Zambia, Zimbabwe.
Against: Israel, Micronesia, United States.
Abstaining: Albania, Argentina, Australia, Austria, Belgium, Bulgaria, Canada, Costa Rica, Croatia, Czechoslovakia, Denmark, Dominican Republic, Estonia, Finland, France, Germany, Honduras, Hungary, Iceland, Ireland, Italy, Japan, Latvia, Liechtenstein, Lithuania, Luxembourg, Marshall Islands, Netherlands, Now Zealand, Norway, Poland, Portugal, Republic of Moldova, Romania, Russian Federation, San Marino, Slovenia, Solomon Islands. Sweden, United Kingdom.
Also on 11 December, the Assembly adopted resolution 47/64 B by recorded vote.
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 41 to 65 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, 44/41 B of 6 December 1989, 45/67 B of 6 December 1990 and 46/74 B of 11 December 1991,
1. Takes note with appreciation of the action taken by the Secretary-General in compliance with its resolution 46/74 B;
2. Requests the Secretary-General to provide the Division for Palestinian Rights of the Secretariat with the necessary resources to strengthen its programme of research, studies and publications, through the establishment of an adequately staffed and equipped computer-based information system on the question of Palestine and to ensure that it continues to discharge the tasks detailed in paragraph I of resolution 32/40 B, paragraph 2 (b) 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 B, paragraph 2 of resolution 44/41 B and paragraph 2 of resolution 46/74 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 cooperation 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 cooperation 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 and requests them to continue to give the widest possible publicity to the observance.
General Assembly resolution 47/64 B
11 December 1992 Meeting 84 119-2-37 (recorded vote)
27-nation draft (A/47/L.36 & Add.1); agenda item 30.
Sponsors: Afghanistan, Algeria, Bangladesh, Comoros, Cuba, Guinea, India, Indonesia, Jordan, Lao People’s Democratic Republic, Lebanon, Madagascar, Malaysia, Mali, Malta, Mauritania, Morocco, Pakistan, Qatar, Saudi Arabia, Senegal, Sudan, Tunisia, Ukraine, Vanuatu, Viet Nam, Yemen.
Meeting number. GA 47th session: plenary 74-77, 84.
Recorded vote in Assembly as follows:
In favour: Afghanistan, Algeria, Angola, Antigua and Barbuda, Azerbaijan Bahamas, Bahrain, Bangladesh, Barbados, Belarus, Belize, Benin, Bhutan, Bolivia, Bosnia and Herzegovina, Botswana, Brazil, Brunei Darussalam, Burkina Faso, Burundi, Cameroon, Caps Verde, Central African Republic, Chad, Chile, China, Colombia, Comoros, Costa Rica, Côte d’Ivoire, Cuba, Cyprus, Democratic People’s Republic of Korea, Djibouti Dominica, Ecuador, Egypt, El Salvador, Ethiopia, Fiji, Gabon, Gambia, Ghana, Greece, Guatemala, Guinea, Guyana, Haiti, Honduras, India, Indonesia, Iran, Iraq, Jamaica, Jordan, Kazakhstan, Kenya, Kuwait, Lao People’s Democratic Republic, Lebanon, Lesotho, Liberia, Libyan Arab Jamahiriya, Madagascar, Malaysia, Maldives, Mali, Malta, Mauritania, Mauritius, Mexico, Mongolia, Morocco, Myanmar, Namibia, Nepal, Nicaragua, Niger, Nigeria, Oman, Pakistan, Panama, Paraguay, Peru, Philippines, Qatar, Republic of Korea, Russian Federation, Rwanda, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Samoa, Saudi Arabia, Senegal, Sierra Leone, Singapore, Solomon Islands, Spain, Sri Lanka, Sudan, Suriname, Swaziland, Syrian Arab Republic, Thailand, Togo, Tunisia, Turkey, Uganda, Ukraine, United Arab Emirates, United Republic of Tanzania, Uruguay, Vanuatu, Venezuela, Viet Nam, Yemen, Zambia, Zimbabwe.
Against: Israel, United States.
Abstaining: Albania, Argentina, Australia, Austria, Belgium, Bulgaria, Canada, Croatia, Czechoslovakia, Denmark, Dominican Republic, Estonia, Finland, France, Germany, Hungary, Iceland, Ireland, Italy, Japan, Latvia, Liechtenstein, Lithuania, Luxembourg, Marshall Islands, Micronesia, Netherlands, New Zealand, Norway, Poland, Portugal, Republic of Moldova Romania, San Marino, Slovenia, Sweden, United Kingdom.
The third resolution (47/64 C) concerned United Nations information activities on the question of Palestine (see below); the fourth (47/64 D) was on the convening of an international peace conference on the Middle East (see above, under "Proposed peace conference under UN auspices").
Public information activities
The Committee on Palestinian rights(8) followed up on the implementation of a 1991 General Assembly request(3) that DPI continue in 1992-1993 its special information programme on the Palestine question, with emphasis on public opinion in Europe and North America.
DPI in 1992 accordingly continued to provide press coverage of all United Nations meetings relevant to the question of Palestine, including those of the Security Council and the Committee, and issued press releases on the symposia and seminars organized by the Committee (see above). It provided feature coverage of various aspects of the question in news bulletins, radio programmes and World Chronicle, a 30-minute panel discussion video programme. DPI sponsored an international encounter for European journalists (Lisbon, Portugal, 16 and 17 September) that reviewed the ongoing peace process and explored, from a European perspective, ways and means to build peace in the Middle East. It also prepared for a news mission to that region, scheduled for December.
DPI distributed a total of 14,639 copies, in Arabic, English, French, German and Spanish, of three booklets: Human Rights for Palestinians: The Work of the Special Committee to Investigate Israeli Practices Affecting the Human Rights of the Population of the Occupied Territories;(14) The United Nations and the Question of Palestine;(15) and a revised version of For the Rights of Palestinians: Work of the Committee on the Exercise of the Inalienable Rights of the Palestinian People.(16) In addition, it issued two new publications, in English and French, titled Prospects for Peace in the Middle East: An Israeli-Palestinian Dialogue(17) and Life of the Palestinians under Israeli Occupation.(18)
Following up also on a 1991 Assembly request that the Division for Palestinian Rights be provided with a computer-based information system,(19) the Committee noted that a feasibility study of the proposed system had been prepared initial hardware components had been acquired and development of the system was proceeding.
GENERAL ASSEMBLY ACTION
On 11 December 1992, the General Assembly adopted resolution 47/64 C by recorded vote.
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 66 to 84 of that report,
Recalling its resolutions 46/74 C and 46/75 of 11 December 1991,
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,
1. Takes note with appreciation of the action taken by the Department of Public Information of the Secretariat in compliance with General Assembly resolution 46/74 C;
2. Requests the Department of Public Information in full cooperation and coordination with the Committee on the Exercise of the Inalienable Rights of the Palestinian People, to continue, with the necessary flexibility as may be required by developments affecting the question of Palestine, its special information programme on the question of Palestine for the biennium 1992-1993, 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 audiovisual 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 the occupied territories;
(e) To organize international, regional and national encounters for journalists.
General Assembly resolution 47/64 C
11 December 1992 Meeting 84 152-2-3 (recorded vote)
26-nation draft (A/47/L.37/Rev.1 & Rev.1/Add.1); agenda item 30.
Sponsors. Afghanistan, Algeria, Bangladesh, Comoros, Cuba, Guinea, India, Indonesia, Jordan, Lao People’s Democratic Republic, Lebanon, Madagascar, Malaysia, Mali, Malta, Mauritania, Morocco, Pakistan, Qatar, Saudi Arabia, Senegal, Sudan, Tunisia, Vanuatu, Viet Nam, Yemen.
Meeting numbers. GA 47th session: plenary 74-77, 84.
Recorded vote in Assembly as follows:
In favour: Afghanistan, Albania, Algeria, Angola, Antigua and Barbuda, Argentina, Australia, Austria, Azerbaijan, Bahamas, Bahrain, Bangladesh, Barbados, Belarus, Belgium, Belize, Benin, Bhutan, Bolivia, Bosnia and Herzegovina, Botswana, Brazil, Brunei Darussalam, Bulgaria, Burkina Faso, Burundi, Cameroon, Canada, Cape Verde, Central African Republic, Chad, Chile, China, Colombia, Comoros, Costa Rica, Côte d’Ivoire, Cuba, Cyprus, Czechoslovakia, Democratic People’s Republic of Korea, Denmark, Djibouti, Dominica, Ecuador, Egypt, El Salvador, Estonia, 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, Kazakhstan, Kenya, Kuwait, Lao People’s Democratic Republic, Latvia, Lebanon, Lesotho, Liberia, Libyan Arab Jamahiriya, Liechtenstein, Lithuania, Luxembourg, Madagascar, Malaysia, Maldives, Mali, Malta, Mauritania, Mauritius, Mexico, Mongolia, Morocco, Myanmar, Namibia, Nepal, Netherlands, New Zealand, Nicaragua, Niger, Nigeria, Norway, Oman, Pakistan, Panama, Paraguay, Peru, Philippines, Poland, Portugal, Qatar, Republic of Korea, Republic of Moldova, Romania, Russian Federation, Rwanda, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Samoa, San Marino, Saudi Arabia, Senegal, Sierra Leone, Singapore, Slovenia, Solomon Islands, Spain, Sri Lanka, Sudan, Suriname, Swaziland, Sweden, Syrian Arab Republic, Thailand, Togo, Tunisia, Turkey, Uganda, Ukraine, United Arab Emirates, United Kingdom, United Republic of Tanzania, Uruguay, Vanuatu, Venezuela, Viet Nam, Yemen, Zambia, Zimbabwe.
Against: Israel, United States.
Abstaining: Dominican Republic, Marshall Islands, Micronesia.
Jerusalem
In a report of November 1992,(20) the Secretary-General reproduced replies received from four Member States to his request for information on steps taken or envisaged to implement a 1991 resolution of the General Assembly deploring the transfer by some States of their diplomatic missions to Jerusalem and calling on them to abide by the relevant United Nations resolutions.(21) Of those States, Ecuador pointed out that it maintained its Embassy in Tel Aviv.
GENERAL ASSEMBLY ACTION
On 11 December 1992, the General Assembly adopted resolution 47/63 B by recorded vote.
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, 44/40 C of 4 December 1989, 45/83 C of 13 December 1990 and 46/82 B of 16 December 1991, 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 25 November 1992,
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;
4. Requests the Secretary-General to report to the General Assembly at its forty-eighth session on the implementation of the present resolution.
General Assembly resolution 47/63 B
11 December 1992 Meeting 84 140-1-5 (recorded vote)
16-nation draft (A/47/L.43 & Add.1); agenda item 35.
Sponsors: Afghanistan, Algeria, Cuba, Egypt, Indonesia, Jordan, Malaysia, Mauritania, Morocco, Oman, Pakistan, Sudan, Syrian Arab Republic, Tunisia, Viet Nam, Yemen.
Meeting numbers. GA 47th session: plenary 78, 79, 84.
Recorded vote in Assembly as follows:
In favour: Afghanistan, Albania, Algeria, Antigua and Barbuda, Argentine, Australia, Austria, Azerbaijan, Bahamas, Bahrain, Bangladesh, Barbados, Belarus, Belgium, Belize, Benin, Bhutan, Bolivia, Botswana, Brazil, Brunei Darussalam, Bulgaria, Burkina Faso, Burundi, Cameroon, Canada, Cape Verde, Central African Republic, Chad, Chile, China, Colombia, Comoros, Côte d’Ivoire, Cuba, Cyprus, Czechoslovakia, Democratic People's Republic of Korea, Denmark, Djibouti, Dominica, Ecuador, Egypt, Estonia, 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, Kazakhstan, Kuwait, Kyrgyzstan, Lao People's Democratic Republic, Latvia, Lebanon, Lesotho, Libyan Arab Jamahiriya, Liechtenstein, Lithuania, Luxembourg, Madagascar, Malaysia, Maldives, Malta, Mauritania, Mauritius, Mexico, Mongolia, Morocco, Myanmar, Nepal, Netherlands, New Zealand, Nicaragua, Niger, Nigeria, Norway, Oman, Pakistan, Panama, Paraguay, Peru, Philippines, Poland, Portugal, Republic of Korea, Republic of Moldova, Romania, Russian Federation, Rwanda, Saint Lucia, Saint Vincent and the Grenadines, Samoa, San Marino, Saudi Arabia, Senegal, Sierra Leone, Singapore, Slovenia, Spain, Sri Lanka, Sudan, Suriname, Swaziland, Sweden, Syrian Arab Republic, Thailand, Tunisia, Turkey, Uganda, Ukraine, United Arab Emirates, United Kingdom, United Republic of Tanzania, Uruguay, Vanuatu, Venezuela, Viet Nam, Yemen, Zimbabwe.
Against: Israel.
Abstaining: Croatia,* Marshall Islands, Micronesia, Togo, United States.
*Later advised the Secretariat it had intended to vote in favour.
Assistance to Palestinians
The United Nations system continued in 1992 to provide assistance to the Palestinian people, as the General Assembly had requested in 1991.(22) Summaries of the assistance activities undertaken by 10 organs and six specialized agencies of the system were contained in a report submitted by the Secretary-General to the Assembly, through the Economic and Social Council, in June 1992,(23) as updated by the following year's report on the subject.(24)
Report of the Secretary-General. According to the Secretary-General's June report, towards the end of the year, the United Nations Centre for Human Settlements (Habitat) completed a plan for implementing a housing development strategy for the Palestinian people, for consideration by the Commission on Human Settlements in 1993. The plan gave an overview of Palestinian land and population, as well as of the housing sector, including supply and demand, surveyed future housing delivery mechanisms, proposed a Palestinian housing strategy and action plan, and suggested housing institutions and an investment plan.
The United Nations Children's Fund focused on assistance for Palestinian children and women in Jordan, Lebanon, the Syrian Arab Republic, the West Bank and the Gaza Strip. In collaboration with the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) and other United Nations organs, it supported programmes in the areas of health, pre-school and primary education, women's development, water supply and sanitation, and rehabilitation for the disabled. The objective was to reduce infant and maternal mortality and morbidity through primary health care, immunization, control of diarrhoeal diseases and respiratory infections, health education and safe child-delivery practices. A five-year (1992-1996) programme of assistance in those areas was submitted to the Executive Board in 1992 for the benefit of Palestinians in Lebanon, while a three-year (1992-1994) programme was submitted for the West Bank and the Gaza Strip.
(For assistance provided by UNCTAD, see below.)
The Programme of Assistance to the Palestinian People under the United Nations Development Programme (UNDP)(25) achieved a level of activity in 1992 unmatched in its 12-year history, with expenditures totalling $12 million. By a decision adopted in May,(26) the UNDP Governing Council called on the Administrator to continue his efforts to provide development assistance to the Palestinian people and invited Governments and other donors to expand further financial and other support for the Programme.
A number of large UNDP-financed projects were completed during the year: the extension and renovation of the Princess Alia Hospital in Hebron; the construction of a packing and grading facility for fruits and vegetables in Gaza; the installation of a honey-processing plant in Jericho; the construction of a sewage-collection network in the Balata refugee camp of Nablus; and the installation of a sewage collection, treatment and disposal system in the northern region of the Gaza Strip, to serve a population of about 120,000. Two infrastructural projects in the West Bank were also completed: water-supply schemes—improvement of wells, construction of pumping stations and reservoirs, and installation of distribution networks and house connections—in 14 villages, benefiting 80,000 villagers; and installation of electricity generators, including maintenance training, in eight villages with a population of 45,000.
Ongoing income-generating projects included: the construction of new irrigation channels in the El-Duyuk area in the West Bank, to benefit some 200 farmers, and distribution of modern irrigation equipment to 1,000 others in the Gaza Strip; the construction of a marketing centre and industrial zone in Nablus, and the manufacture of equipment for a citrus-processing plant with a 20-tonne-per-hour capacity to be installed in the Gaza Strip.
The Business Development Centre continued its training activities in management, feasibility studies and marketing, from which 13 management consultants benefited during the year. In addition, training workshops were organized at Nablus, Bethlehem and Gaza, in which 150 trade unionists took part. Other workshops offered special technical training at the community level to 80 Palestinian women, new education techniques to 15 university educators, and technical and pedagogical training to 90 vocational trainees. At Bir Zeit University at Ramallah, 20 engineers and technicians, engaged in the operation and maintenance of the Gaza Strip sewage system, underwent specialized training.
An assessment of the technical cooperation and capital assistance needs conducted in the first quarter of 1992 identified priority areas for new activities: formulation of development and environmental policies; reactivation of productive sectors, particularly agriculture and industry; and human resources development, with emphasis on women's role in the development process. As a follow-up to its earlier initiatives in information exchange among donors, UNDP issued in April the first compendium of ongoing technical assistance projects in the occupied Palestinian territories.
In the latter part of the year, the Programme underwent a broad review; the findings were being taken into account in the new programming and operational initiatives in progress under the direction of the UNDP Special Representative at Jerusalem.
The Economic and Social Commission for Western Asia (ESCWA),(24) at its sixteenth session (see PART TWO, Chapter VI), adopted two resolutions on Palestinian development. One called for support for the ESCWA secretariat's activities (including studies, conferences, seminars and workshops) giving priority to rebuilding the institutional framework for development.(27) The other, which declared the period 1994-2003 a reconstruction and rehabilitation decade for Western Asia, requested ESCWA to provide technical assistance during the decade for the implementation of projects in various countries and areas, including the occupied Palestinian territory.(28)
ESCWA began implementing those resolutions through field missions to the occupied territories, undertaken in coordination with the UNDP office at Jerusalem. One such mission, made by the ESCWA Regional Adviser on Development Issues and Policies, was aimed at analysing the current situation in the territories and proposing an integrated work programme. A joint EAO/ESCWA mission was dispatched for the purpose of preparing a report on the rehabilitation of the agricultural sector and of identifying priority projects. In addition, a training workshop on planning and appraisal of rural development projects (Jerusalem, 26 July-12 August) was organized by the joint EAO/ESCWA Division, in collaboration with UNDP/Jerusalem, it was attended by 32 trainees from the West Bank and the Gaza Strip.
The United Nations Population Fund assisted Palestinian NGOs engaged in providing expanded maternal health services in the same two areas. The objectives, to be fulfilled by 1995, were: increased coverage of prenatal and postnatal care; increased hospital delivery for high-risk women research and baseline studies essential for evaluating and planning maternal and reproductive health care; family planning services; and dissemination of information on the need for birth spacing in relation to maternal and reproductive care.
UNRWA maintained an extensive programme of education, health and relief services and other humanitarian assistance to Palestine refugees (see below, under "Palestine refugees").
The project of assistance of the World Food Programme (WFP), totalling $871,900, provided food aid and cash for the purchase of local food for Palestinians in the West Bank and Gaza Strip. Begun in September 1991 and terminated by the end of March 1992, it was channelled through local institutions to hospital patients, orphanages and destitute families. As of the date of reporting, WFP had not received an official response from the Israeli civil administration authorities to its note of January 1992 notifying them of its intention to continue assistance to targeted beneficiaries.
As to assistance by specialized agencies, the technical cooperation activities of the International Labour Organisation (ILO) in the occupied territories, which began in 1980, centred on two types of projects in 1992. One was on trade union training, for which courses were given to 30 trainees at Nablus, Bethlehem and Gaza. The other was a three-year vocational training project for handicapped persons, organized jointly with UNDP and UNRWA and begun in 1991, under which three ILO consultants held specialized six-week seminars for persons engaged in the vocational training and placement of the handicapped.
In response to a request of the 1991 Conference of the Food and Agriculture Organization of the United Nations (FAO),(29) negotiations were held in 1992 regarding a joint FAO/UNDP mission to formulate an umbrella technical assistance project. Contacts were being made with potential donors, multilateral funding agencies, regional development banks and funds to identify and formulate agricultural investment projects in the occupied territories.
Following adoption of a resolution by the Fourth (1991).General Conference of the United Nations Industrial Development Organization (UNIDO), requesting increased technical assistance to the Palestinian people in close cooperation with PLO, UNIDO established a focal point to monitor developments in the Palestinian industrial sector and coordinate technical assistance activities. As a result of a mission to the West Bank and Gaza Strip that also held consultations with UNDP/Jerusalem in February 1992, UNIDO approved two projects before the end of the year: a project of technical advisory services ($49,000) under the Industrial Development Fund and a training project for small-scale industrial enterprises ($180,000) under a trust fund from Japan.
(For assistance to Palestinian women, see PART THREE, Chapter XIII.)
ECONOMIC AND SOCIAL COUNCIL ACTION
On 31 July 1992, the Economic and Social Council adopted resolution 1992/58 by recorded vote.
Assistance to the Palestinian people
The Economic and Social Council,
Recommends to the General Assembly the adoption of the following draft resolution:
[Same text as General Assembly resolution 47/170
below, except for the last preambular paragraph
and paragraph 4, which were added.]
Economic and Social Council resolution 1992/58
31 July 1992 Meeting 42 52-1-1 (recorded vote)
13-nation draft (E/1992/L.35), orally revised following informal consultations; agenda item 6 (b).
Sponsors: Algeria, Egypt, Iraq, Jordan, Lebanon, Libyan Arab Jamahiriya, Malaysia, Mauritania, Morocco, Suriname, Syrian Arab Republic, Tunisia, Yemen.
Meeting numbers. ESC 38, 42.
Recorded vote in Council as follows:
In favour: Algeria, Angola, Argentina, Australia, Austria, Bahrain, Bangladesh, Belarus, Belgium, Benin, Botswana, Brazil, Bulgaria, Burkina Faso, Canada, Chile, China, Colombia, Ecuador, Ethiopia, Finland, France, Germany, Guinea, India, Iran, Italy, Jamaica, Japan, Kuwait, Madagascar, Malaysia, Mexico, Morocco, Pakistan, Peru, Philippines, Poland, Romania, Rwanda, Somalia, Spain, Suriname, Swaziland, Sweden, Syrian Arab Republic, Togo, Trinidad and Tobago, Turkey, United Kingdom, Yugoslavia, Zaire.
Against: United States.
Abstaining: Russian Federation.
GENERAL ASSEMBLY ACTION
On 22 December 1992, acting on the recommendation of the Second (Economic and Financial) Committee, the General Assembly adopted resolution 47/170 by recorded vote.
Assistance to the Palestinian people
The General Assembly,
Recalling its resolution 46/201 of 20 December 1991,
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,
Concerned about the economic losses of the Palestinian people as a result of the Gulf crisis,
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,
Welcoming the Middle East peace process started at Madrid on 30 October 1991 and expressing the hope that, despite the difficulties, all sides will pursue this path,
1. Takes note of the report of the Secretary-General;
2. Expresses its appreciation to the States, United Nations bodies and intergovernmental and non-governmental organizations that have provided assistance to the Palestinian people;
3. Requests the international community, the United Nations system and intergovernmental and non-governmental organizations to sustain and increase their assistance to the Palestinian people, in close cooperation with the Palestine Liberation Organization, taking into account the economic losses of the Palestinian people as a result of the Gulf crisis;
4. Urges the Government of Israel to accept de jure applicability of the Geneva Convention relative to the Protection of Civilian Persons in Time of War of 12 August 1949, to all territories occupied by Israel since 1967 and to abide scrupulously by the provisions of that Convention;
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 referred to 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. Recognizes the need for convening a seminar on assistance to the Palestinian people in the occupied Palestinian territory, and, in this regard, suggests to the Committee on the Exercise of the Inalienable Rights of the Palestinian People to consider, in its programme for 1992-1993, convening such a seminar, taking into account the assistance needs of the Palestinian people in the light of the developments in the region;
11. Requests the Secretary-General to report to the General Assembly at its forty-eighth session, through the Economic and Social Council, on the progress made in the implementation of the present resolution.
General Assembly resolution 47/170
22 December 1992 Meeting 93 155-2-3 (recorded vote)
Approved by Second Committee (A/47/717/Add.1) by recorded vote (107-2-2) 11 December (meeting 50); draft recommended by ESC resolution 1992/58 (A/C.2/47/L.5/Rev.1), orally revised agenda item 12.
Meeting numbers. GA 47th session: 2nd Committee 34-37, 40, 42, 43, 45, 46, 50; plenary 93.
Recorded vote in Assembly as follows:
In favour: Afghanistan, Algeria, Angola, Antigua and Barbuda, Argentina, Australia, Austria, Azerbaijan, Bahamas, Bahrain, Bangladesh, Barbados, Belarus, Belgium, Belize, Benin, Bhutan, Bolivia, Bosnia and Herzegovina, Botswana, Brazil, Brunei Darussalam, Bulgaria, Burkina Faso, Burundi, Cameroon, Canada, Cape Verde, Chad, Chile, China, Colombia, Comoros, Costa Rica, Côte d'Ivoire, Croatia, Cuba, Cyprus, Czechoslovakia, Democratic People's Republic of Korea, Denmark, Djibouti, Dominica, Ecuador, Egypt, Estonia, 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, Kazakhstan, Kenya, Kuwait, Kyrgyzstan, Lao People's Democratic Republic Latvia, Lebanon, Lesotho, Liberia, Libyan Arab Jamahiriya, Liechtenstein, Lithuania, Luxembourg, Madagascar, Malawi, Malaysia, Maldives, Mali, Malta, Mauritania, Mauritius, Mexico, Mongolia, Morocco, Mozambique, Myanmar, Namibia, Nepal, Netherlands, New Zealand, Nicaragua, Niger, Norway, Oman, Pakistan, Panama, Papua New Guinea, Paraguay, Peru, Philippines, Poland, Portugal, Qatar, Republic of Korea, Republic of Moldova, Romania, Russian Federation, Rwanda, Saint Lucia, Saint Vincent and the Grenadines, Sao Tome and Principe, Saudi Arabia, Senegal, Sierra Leone, Singapore, Slovenia, Spain, Sri Lanka, Sudan, Suriname, Swaziland, Sweden, Syrian Arab Republic, Tajikistan, Thailand, Togo, Trinidad and Tobago, Tunisia, Turkey, Turkmenistan, Uganda, Ukraine, United Arab Emirates, United Kingdom, United Republic of Tanzania, Uruguay, Vanuatu, Venezuela, Viet Nam, Yemen, Zaire, Zambia, Zimbabwe.
Against: Israel, United States.
Abstaining: Marshall Islands, Micronesia, Samoa.
UNCTAD activities
Beginning in March 1992, the UNCTAD secretariat intensified its assistance activities for Palestinians in four main areas: monitoring and analysis of Israeli policies and practices hampering Palestinian economic development; investigation of their impact on the main economic sectors; development of a database on the economy in the occupied territories and information dissemination; and coordination of activities with other United Nations organs responding to General Assembly resolutions on assistance to Palestinians and on economic and social conditions in the occupied Palestinian territory.
An eighth report,(30) prepared in accordance with a decision by UNCTAD VIII (see PART THREE Chapter IV) that UNCTAD assistance to the Palestinian people would be continued in its current form, was submitted to the Trade and Development Board in September. As in previous years, part I of the report examined the overall policy environment, including Israeli, Palestinian, regional and international dimensions, that influenced the performance of the Palestinian economy, as well as main economic trends; assessed aggregate and sectoral performance; and identified measures for immediate action to promote the revival of an economy that was in serious deterioration. Part II reviewed progress of work being carried out by the Special Economic Unit (Palestinian people), in particular with respect to the intersectoral project investigating prospects for sustained economic and social development of the Palestinian territory of the West Bank and Gaza Strip. Initiated in 1990, the project involved preparation of studies in 25 economic and social sectors, scheduled for completion during the second half of 1992.
A meeting of international and Palestinian experts (Geneva, 19-22 May), attended also by representatives of the United Nations and regional organizations, was held to discuss and adopt the findings of part one of each of the 25 studies, which made up a consolidated report on the prevailing economic and social situation in the occupied territories, with specific measures suggested for immediate action by the Israeli authorities, Palestinian inhabitants of the West Bank and Gaza, and the international community. Also considered was the quantitative framework for the preparation of parts two and three of the individual studies dealing with future prospects of the Palestinian economy.
The Unit continued development of a database on the Palestinian economy, including the compilation and computerization of statistical data—on national income, population, labour and employment, balance of payments and external trade—standardized and classified according to the specifications of the secretariat's Economic Time Series. The Unit also issued a "Select bibliography on the economy of the occupied Palestinian territory (West Bank and Gaza Strip)",(31) "Selected national accounts series of the occupied Palestinian territory (West Bank and Gaza Strip), 1960-1907(32) and "The tourism sector and related services in the Palestinian territory under Israeli occupation".(33)
UNCTAD continued to cooperate with the UNCTAD/GATT International Trade Centre (ITC) on finalizing a project document for a proposed marketing centre for Palestinian agricultural goods. Consultations were under way with ITC, UNDP and UNIDO for fielding a mission of experts to prepare a feasibility study on a similar centre for industrial goods.
GENERAL ASSEMBLY ACTION
The Second Committee had before it a Secretariat note of 10 December 1992(34) reproducing the revised text of a draft resolution transmitted in October(35) by UNCTAD VIII for consideration by the General Assembly. The draft had been submitted to UNCTAD by Iran on behalf of the Group of 77 developing countries.
Based on the recommendation of the Second Committee, the Assembly, in December, adopted decision 47/445 by recorded vote.
Programmes of the United Nations Conference
on Trade and Development for the Palestinian people
At its 93rd plenary meeting, on 22 December 1992 the General Assembly, on the recommendation of the Second Committee, decided:
(a) To request the United Nations Conference on Trade and Development to sustain its programme for the Palestinian people in its current form in close Cooperation with the Palestine Liberation Organization;
(b) To urge that Conference staff and experts be given access to the occupied Palestinian territory;
(c) To invite the Trade and Development Board to consider making appropriate reporting arrangements to enable them to be informed by the Secretary-General of the United Nations Conference on Trade and Development on the progress made in the implementation of the present decision.
General Assembly decision 47/445
159-2-2 (recorded vote)
Approved by Second Committee (A/47/718/Add.2) by recorded vote (133-2-2), 16 December (meeting 51); 15-nation draft (A/C.2/47/L.84): agenda item 78 (a).
Sponsors: Afghanistan, Algeria, Djibouti, Egypt, Iraq, Jordan, Malaysia, Mauritania, Morocco, Pakistan, Qatar, Sudan, Syrian Arab Republic, Tunisia, Yemen.
Meeting numbers. GA 47th session: 2nd Committee 40,42,43,48-51; plenary 93.
Recorded vote in Assembly as follows:
In favour: Afghanistan, Algeria, Angola, Antigua and Barbuda, Argentina, Australia, Austria, Azerbaijan, Bahamas, Bahrain, Bangladesh, Barbados, Belarus, Belgium, Belize, Benin, Bhutan, Bolivia, Bosnia and Herzegovina, Botswana, Brazil, Brunei Darussalam, Bulgaria, Burkina Faso, Burundi, Cameroon, Canada, Cape Verde, Chad, Chile, China, Colombia, Comoros, Congo, Costa Rica, Côte d’Ivoire, Croatia, Cuba, Cyprus, Czechoslovakia, Democratic People's Republic of Korea, Denmark, Djibouti Dominica, Dominican Republic, Ecuador, Egypt, Estonia, Ethiopia, Fiji, Finland, France, Gabon, Gambia, Germany, Ghana, Greece, Guinea, Guinea-Bissau, Guyana. Haiti, Honduras, Hungary, Iceland, India, Indonesia, Iran, Iraq, Ireland, ltaly, Jamaica, Japan, Jordan, Kazakhstan, Kenya, Kuwait, Kyrgyzstan, Lao People's Democratic Republic, Latvia, Lebanon, Lesotho, Liberia, Libyan Arab Jamahiriya, Liechtenstein, Lithuania, Luxembourg, Madagascar, Malawi, Malaysia, Maldives, Mali, Malta, Mauritania, Mauritius, Mexico, Mongolia, Morocco, Mozambique, Myanmar, Namibia, Nepal, Netherlands, New Zealand, Nicaragua, Niger, Nigeria, Norway, Oman, Pakistan. Panama, Papua New Guinea, Paraguay, Peru, Philippines, Poland, Portugal, Qatar, Republic of Korea, Republic of Moldova, Romania, Russian Federation, Rwanda, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Samoa, Sao Tome and Principe, Saudi Arabia, Senegal, Sierra Leone, Singapore, Slovenia, Spain, Sri Lanka, Sudan, Suriname, Swaziland, Sweden, Syrian Arab Republic, Tajikistan, Thailand, Togo, Trinidad and Tobago, Tunisia, Turkey, Turkmenistan, Uganda, Ukraine, United Arab Emirates, United Kingdom, United Republic of Tanzania, Uruguay, Vanuatu, Venezuela, Viet Nam, Yemen, Zaire, Zambia, Zimbabwe.
Against: Israel, United States.
Abstaining: Marshall Islands, Micronesia.
REFERENCES
(1)YUN 1980, p. 399. (2)A/47/115-S/23680. (3)YUN 1947-48, p. 247, GA res. 181 A (II), 29 Nov. 1947. (4)YUN 1967, p. 257, SC res. 242(1967), 22 Nov. 1967. (5)YUN 1973, p. 213, SC res. 338(1973), 22 Oct. 1973. (6)YUN 1975, p. 248, GA res. 3376(XXX), 10 Nov. 1975. (7)A/46/837-S/23374, A/46/875-S/23570, A/46/933-S/24045, A/46/947-S/24304, A/46/896- S/23782, A/46/958-S/24436, A/47/522-S/24648, A/47/793-S/24974. (8)A/47/35. (9)YUN 1976, p. 235. (10)A/43/827-S/20278. (11)YUN 1983, p. 274. (12)SC res. 681(1990), 20 Dec. 1990. (13)YUN 1991, p. 229, GA res. 46/74 C, 11 Dec. 1991. (14)DPI/974. (15)DPI/994. (16)DPI/1304. (17)Prospects for Place in the Middle East: An Israeli-Palestinian Dialogue (DPI/1230), Sales No. E.92.1.25. (13)Life of the Palestinians under Israeli Occupation (DPI/1192), Sales No. E.92.1.27. (19)YUN 1991, p. 228, GA res. 46/74 B, 11 Dec. 1991. (20)A/47/673. (21)YUN 1991, p. 230, GA res. 46/82 B, 16 Dec. 1991. (22)Ibid., p. 235, GA res. 46/201, 20 Dec. 1991. (23)A/47/212-E/1992/54. (24)A/48/183-E/1993/74. (25)DP/1993/l9. (26)E/1992/28 (dec. 92/21). (27)E/1992/34 (res. 184(XVI)). (28)Ibid., (res. 182(XVI)). (29)YUN 1991, p. 234. (30)TD/B/39(1)4. (31)UNCTAD/RDP/SEU/5. (32)UNCTAD/RDP/SEU/6. (33)UNCTAD/RDP/SEU/7. (34)A/C.2/47/L.84. (35)A/C.2/47/6.
___________________________________
Incidents and disputes
involving Arab countries and Israel
___________________________________
Iraq and Israel
By decision 47/464 of 23 December 1992, the General Assembly deferred consideration of the item on armed Israeli aggression against the Iraqi nuclear installations and included it in the provisional agenda of its forty-eighth (1993) session. The item had been inscribed yearly on the Assembly's agenda since 1981,(1) following the bombing by Israel of a nuclear research centre near Baghdad.
Lebanon
The situation in Lebanon was marked by continued violence throughout 1992. The southern part of the country, north of the border with Israel, and the western Bekaa were theatres for frequent armed confrontations between Israeli and South Lebanon Army troops on the one hand, and Islamic and other resistance groups on the other. However, a slow but gradual improvement in the security situation had begun to emerge.
Two German nationals, the last of 11 Westerners who had been held hostage in Lebanon, were released in Beirut on 17 June. After their release-hailed a victory by the Secretary-General for all who believed in the rights and dignity of the human person—Giandomenico Picco, the Secretary-General's special envoy who had been instrumental in obtaining the release of the first nine hostages in 1991,(2) stressed that the file on the hostage issue was not closed. He was referring to Lebanese, Iranian and Israeli nationals who continued to be held hostage, as well as to the remains of some Western hostages that had yet to be returned.
While developments on the security front offered encouragement, the national economy failed to show the level of recovery hoped for. The value of the Lebanese pound fell, and the country received little of the promised foreign aid for reconstruction and development, thus limiting the scope for investment and narrowing employment opportunities. Consequently, the number of families under the poverty line increased.
Israel and Lebanon
Lebanon continued in 1992 to press for the withdrawal of Israel from that part of southern Lebanon proclaimed a "security zone" by Israel and manned by Israel Defence Forces (IDF), with the assistance of the so-called South Lebanon Army, referred to also as the de facto forces (DFF). In justification of its refusal to withdraw, Israel maintained that its presence in the area was to prevent terrorist access to its northern borders. Israel's long-standing contention was that southern Lebanon served as a staging area for attacks on northern Israel by what it claimed were several terrorist factions, singling out the Shiite Muslim group Hezbollah, which the Government of Lebanon was either incapable of preventing or unwilling to prevent.
The boundaries of the Israeli-controlled Lebanese territory—an area along the armistice demarcation line—were determined by the forward positions of DFF and IDF. In 1992, both forces maintained 69 military positions, up from 65 in 1991.
Communications. Lebanon, on 17 January 1992,(3) requested that the mandate of the United Nations Interim Force in Lebanon, due to expire on 31 January, be extended for a further six months. In so doing, Lebanon pointed out that as a result of its efforts to steer the country towards normal conditions, it had strengthened and restructured its army and internal security units into a more cohesive force in the south of the country adjacent to Israel's self-proclaimed security zone. The army had confiscated heavy and medium weapons and banned all forms of armed presence in the areas under its control, including in the Palestinian refugee camps, and had achieved perfect coordination with UNIFIL, with which it was in consultation to determine how best to take over from UNIFIL.
Lebanon alleged that, despite these positive developments, Israel was more than ever adamant in its refusal to withdraw from southern Lebanon. Together with its proxies, it had conducted a series of bombardments and assaults on the area's civilian population during the past year. Lebanon implored the Security Council to take new steps decisively to end the violence. On 21 January,(4) it reported continued Israeli bombings on villages in the area, forcing 80 per cent of their inhabitants to flee, and the incorporation of Rashaf into the so-called security zone. Lebanon reiterated its plea for Council action to stop the escalating attacks.
Responding on 27 January,(5) Israel pointed to the escalation of terrorist activities and resulting casualties in southern Lebanon since the deployment of the Lebanese army in the south, as well as to Lebanon's failure to mention the destabilizing role of Hezbollah, the Islamic faction largely responsible for the unstable situation in the area. The true cause of the civilian population's suffering, Israel asserted, lay in the use by Hezbollah and other terrorist organizations of civilian centres as bases of operation. By refusing to disarm those elements and by praising their acts of bloodshed, the Government of Lebanon had shown itself unwilling to abide by its international obligation to prevent violence and terror within its territory and across Israel's northern border.
Israel was emphatic in its reiteration that it had no claims on any part of Lebanese territory but found it necessary to undertake security functions within a narrow zone of southern Lebanon owing to that country's failure to prevent the use of that part of its territory as a staging area for acts of terrorism against Israel. The appropriate forum for resolving issues between it and Lebanon lay in direct face-to-face negotiations, without preconditions, within the framework of the ongoing peace process.
Israel, on 29 May,(6) clarifying further the state of affairs prevailing in southern Lebanon, alleged that, frustrated by the continuing peace talks between Israel and its neighbours, Hezbollah and others had stepped up their campaign of terror. In view of Lebanon's unwillingness to act to prevent the continuous attacks against it, Israel had been compelled to engage in defensive operations, in exercise of its legitimate right to self-defence.
Lebanon, in two letters of 17 February,(7) requested an urgent meeting of the Security Council to consider what it said were the latest acts of aggression by Israel against the sovereignty and territorial integrity of Lebanon and Israel's continuing occupation of southern Lebanon and part of the Bekaa valley. Lebanon was referring to the previous day's air bombardment of the Palestinian refugee camps of Ein el-Hilweh near Sidon and Rashidieh near Tyre, and the fatal attack from the air on the motorcade carrying Hezbollah's Secretary-General and his family. It also referred to the continued bombardment of southern villages by artillery, tank rounds and machine-gun fire, as well as to violations of its airspace over the southern area.
SECURITY COUNCIL ACTION
Responding to Lebanon's request, the Security Council convened on 19 February 1992 to consider the situation in southern Lebanon. After consultations among Council members, the President made the following statement(8) on behalf of the Council:
Meeting number. SC 3053.
"The members of the Council are deeply concerned about the renewed and rising cycle of violence in southern Lebanon and elsewhere in the region. The Council deplores in particular the recent killings and the continued violence, which threatens to claim additional lives and to destabilize the region further.
"The members of the Council call upon all those involved to exercise maximum restraint in order to bring such violence to an end.
"They reaffirm their commitment to the full sovereignty, independence, territorial integrity and national unity of Lebanon within its internationally recognized boundaries, as set out in resolution 425(1978). 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.
"The members of the Council express their continued support for all efforts to bring peace to the region on the basis of resolutions 242(1967) and 338(1973). The members of the Council urge all the parties concerned to work vigorously to enhance the ongoing peace process."
UNIFIL
The mandate of UNIFIL was extended twice by the Security Council during 1992, in January and July, each time for a six-month period.
Established by the Council in 1978(9) following Israel's invasion of Lebanon in March of that year,(10) UNIFIL was entrusted with confirming the withdrawal of Israeli forces, restoring international peace and security, and assisting the Government of Lebanon in ensuring the return of its effective authority in the area. A second Israeli invasion launched in June 1982,(11) radically altered the situation in which UNIFIL had to function. Shortly thereafter, the Council authorized the Force to carry out, in addition to its original mandate, the interim tasks of providing protection and humanitarian assistance to the local population, while maintaining its positions in its area of deployment. (12)
The Force was assisted by the Observer Group Lebanon (OGL), composed of unarmed military observers organized from UNTSO and under the operational control of the UNIFIL Commander.
Composition
As at January 1992, UNIFIL had a strength of 5,764 military personnel, provided by nine countries: Fiji, Finland, France, Ghana, Ireland, Italy Nepal, Norway, Sweden. By July, at the beginning of the second mandate period, troop strength increased to 5,807, with Poland becoming the tenth troop-contributing country. Plans for a 10 per cent reduction in troop strength, as well as a 17 per cent reduction in the number of internationally recruited civilian staff, were to be implemented during this second period.
Under the command of Lieutenant-General Lars-Eric Wahlgren (Sweden) since 1988, UNIFIL remained deployed in southern Lebanon in six sectors: the Fijian, Finnish, Ghanaian, Irish, Nepalese and Norwegian battalion sectors. Parts of the Fijian, Nepalese, Irish and Finnish sectors and the entire Norwegian sector were within the Israeli-controlled area. The 65-member OGL manned five observations posts along the Lebanese side of the Israel-Lebanon armistice demarcation line and operated four mobile teams in the Israeli-controlled section of the UNIFIL area of operation. Two observers were assigned to UNIFIL headquarters.
Military logistic support was provided by the Swedish logistic battalion, elements of the French composite battalion, the Norwegian maintenance company, the Ghanaian engineer company, the Italian helicopter unit and by some civilian staff especially in communications and vehicle maintenance. Civilian support was provided by a staff of 530, of whom 165 were recruited internationally and 365 locally. By July, the numbers had changed, respectively, to 515, 142 and 373.
The Force Mobile Reserve, a composite mechanized company consisting of elements from seven contingents (Fiji, Finland, Ghana, Ireland, Nepal, Norway, Sweden), served to reinforce UNIFIL battalions when serious incidents occurred and during rotations.
The medical unit temporarily consisted of a small team for emergencies provided jointly by Norway and Sweden since October 1991. In January 1992, the Secretary-General proposed,(13) and the Security Council agreed,(14) to accept Poland's offer to provide the unit. The change-over took effect towards the end of April.
In November,(15) the Secretary-General informed the Council President that, subject to the usual consultations and to the Council's extension of UNIFIL, he intended to appoint Major-General Trond Furuhovde (Norway), with effect from 23 February 1993, to succeed the current Commander, scheduled to leave his post the day before. The Council agreed to that appointment in December 1992.(16)
The foregoing information on the UNIFIL composition and deployment was contained in the Secretary-General's reports of January and July below.
Activities
Report of the Secretary-General (January). The Secretary-General gave an account of developments in the UNIFIL area between 21 July 1991 and 21 January 1992.(17) During that period, UNIFIL casualties due to firings and explosions included 3 soldiers (Ireland, Nepal, Sweden) dead and 14 others wounded. Another soldier (Ghana) died and 3 others were injured due to traffic accidents. This brought the number of soldiers who had died since UNIFIL's inception to 184 and the wounded to 272.
In addition to providing the data on the composition and deployment of UNIFIL above, the report stated that, as a result of discussions begun in 1991 between the Lebanese military authorities and UNIFIL,(18) for the gradual transfer to the Lebanese army of responsibility for security in the UNIFIL area of deployment, arrangements were under way to hand over to the Lebanese army that part of the Ghanaian battalion sector west of Marakah, some 32 square kilometres in area and encompassing the villages of Burj Rahhal, Bidyas, Dayr Qanun an Nahr, Abbasiyah, Tura, Tayr Dib-bah and Al Bazuriyah. UNIFIL troops in the area would be redeployed to the east and south where the need for their presence was greater. The Council, on 28 January,(19) welcomed that development, of which it had been notified earlier by the Secretary-General.(20)
UNIFIL continued its programme of protective works throughout its area of deployment, opposing attempts by armed elements to enter or operate within it. This led to confrontations at checkpoints and to several serious incidents, which claimed the lives of three UNIFIL soldiers and injured nine others.
While for some time IDF and DFF maintained respect for UNIFIL'S injunction to refrain from engaging in military operations in the Norwegian battalion sector, which had come entirely within the Israeli-controlled area since Israel's move into Lebanon in 1982,(21) a change in Israeli policy occurred so that, during the reporting period, both forces frequently fired into or within the sector, where they had also begun to conduct patrols. At Chebaa, Kafr Hammam and Kafer Chouba, Israeli security services set up civil administrations theretofore successfully prevented by UNIFIL.
Resistance groups opposed to the presence of IDF and DFF in Lebanon undertook 52 operations against them, using roadside bombs, rockets, rocket-propelled grenades and small firearms. Retaliation from the two forces, especially when sustaining casualties, was described as indiscriminate bombardment of nearby villages with artillery, tank and helicopter-gunship fire. Some nine villages came under such attack, claiming the lives of seven civilians and wounding 30 others. A nine-day retaliatory shelling of Brashit in August 1991 caused several thousand people to flee their homes. A bomb explosion in Rashaf in December that claimed DFF casualties resulted in travel restrictions to neighbouring villages to the north. A similar explosion in January 1992 that caused further DFF casualties incurred attacks on Yatar, Haddathah and Tibnin.
IDF/DFF firings at or close to UNIFIL positions were reported to have increased substantially, from 90 in the previous period to 263. At Tiri, in November 1991, DFF shot and killed an Irish soldier; others narrowly escaped death when two tank-rounds hit a UNIFIL position there in December. These incidents were vigorously protested to the Israeli military authorities.
UNIFIL carried out 46 controlled explosions in connection with a programme to clear its deployrnent area of various types of unexploded ordinance. In cooperation with the Lebanese authorities, United Nations organs and agencies operating in the country, the International Committee of the Red Cross (ICRC) and NGOs, it continued to extend humanitarian assistance in the form of food, fuel, water, electricity, clothing, medical supplies, engineering work and building repairs. From resources made available by troop-contributing countries, it provided water projects, school materials and equipment, and supplies for social services. UNIFIL medical centres, mobile teams and a dental programme rendered care to an average of 3,000 patients a month.
The Secretary-General observed that the current period had been more difficult than preceding periods for both UNIFIL and the inhabitants of southern Lebanon. Hostilities between Lebanese resistance groups and IDF/DFF had intensified, with a consequent rise in casualties. The imminent transfer of responsibility to the Lebanese army for a part of the UNIFIL deployment area was an encouraging step towards restoring the Government's authority in southern Lebanon. In view of UNIFIL's contribution to stability in such a volatile area, the Secretary-General recommended that the Council accept Lebanon's request for an extension of the UNIFIL mandate for another six months, until 31 July 1992.
SECURITY COUNCIL ACTION (January)
The Security Council met on 29 January 1992 to consider the Secretary-General's report, following which the Council unanimously adopted resolution 734(1992).
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 21 January 1992 and taking note of the observations expressed therein,
Recalling the addendum to the Secretary-General's report of 22 January 1991,
Taking note of the letter dated 17 January 1992 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 UNIFIL for a further interim period of six months, that is until 31 July 1992;
2. Approves the overall objective of the Secretary-General, as set out in paragraph 33 of his report, aimed at promoting the greater effectiveness of UNIFIL;
3. Approves in particular the recommendations summarized in subparagraphs 59 (c) (i) and (ii) of the report contained in the addendum to the Secretary-General's report of 22 January 1991;
4. Invites the Secretary-General to consider further in consultation with the troop-contributing countries how to achieve the overall objective referred to in paragraph 2 above, and to take action on the objectives in paragraphs 2 and 3 above;
5. Reiterates its strong support for the territorial integrity, sovereignty and independence of Lebanon within its internationally recognized boundaries;
6. Re-emphasizes of 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 cooperate fully with the Force for the full implementation of its mandate;
7. Reiterates that the Force should fully implement its mandate as defined in resolutions 425(1978), 426(1978) and all other relevant resolutions;
8. 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 734(1992)
29 January 1992 Meeting 3040 Adopted unanimously
Draft prepared in consultations among Council members (S/23483).
Upon adoption of the resolution and after consultations among Council members, the President made the following statement(22) on behalf of the Council:
Report of the Secretary-General (July). In his report to the Security Council on developments during the six-month period from 22 January to 21 July 1992,(23) the Secretary-General noted that one soldier (Fiji) died and eight others were injured from firings or explosions, and that another soldier (Ghana) died and seven others were injured in traffic accidents. This brought the number of UNIFIL dead to 186 and of wounded to 287.
The Secretary-General, in addition to noting changes in the composition of UNIFIL, also noted that the handover to the Lebanese army of the western part of UNIFIL's Ghanaian battalion sector, which involved vacating eight military positions, was completed on 9 April. The boundary of the sector was accordingly redrawn and the battalion headquarters was moved to the vicinity of Bir Sanasil.
UNIFIL recorded 28 attacks by resistance groups on IDF/DFF positions north of the Litani River and near the Akiya Bridge in the Finnish battalion sector. In retaliation, the two forces subjected seven villages to shelling. Using helicopter gunships, they also targeted individual houses in six villages, as well as the Palestinian refugee camp at Rashidieh. The resultant civilian casualties numbered seven dead and five wounded.
On 16 February, Israeli forces staged an ambush from the air north of the Litani River on a motorcade carrying the Hezbollah Secretary-General, his wife and son, killing all three. Exchanges of intense artillery and rocket fire ensued between armed Lebanese elements and Israeli forces. Caught in the crossfire were many villages in the Nepalese and Irish battalion sectors and several towns in northern Israel.
IDF/DFF firings at or close to UNIFIL positions, of which 175 were recorded for the period, continued to be a subject of UNIFIL protests to Israeli authorities. In one instance, a UNIFIL position south of Kabrikha in the Irish battalion sector sustained five tank rounds; in another, a position in nearby Tulin came under artillery fire. In February, a two-company Israeli force with tanks and armoured carriers, assisted by IDF with bulldozers, launched an incursion into Kafra in the Nepalese battalion sector. Although blocked by UNIFIL for two and a half hours, the Israeli force successfully bulldozed its way to Kafra, where armed elements engaged it. Protective cover was provided by IDF/DFF artillery and mortar fire from helicopter gunships. An exploding missile wounded five Fijian soldiers, one of whom later died. The Secretary-General strongly protested to Israel against the incursion. On his instructions, the Under-Secretary-General and Assistant Secretary-General for Peace-keeping Operations travelled to the area for discussions with Lebanese and Israeli officials, as well as with the Force Commander. They visited Kafra to inspect the heavy damage it sustained from shelling.
UNIFIL conducted 65 controlled explosions under its mine-clearing programme. Its humanitarian assistance for the period included distribution of 117 tonnes of WFP food to 60 villages and 2,500 families. With UNDP funds, it replaced livestock and crops and repaired greenhouses, and with $9,000 from UNIFIL personnel, it provided a bus for an orphanage in Tibnin and school books. Its medical centre’s mobile teams and field dental programme continued rendering services to an average of 3,000 patients a month.
The Secretary-General observed that the incidents described underscored the continued volatility in the area. He stated that the firings directed at UNIFIL itself severely hampered the discharge of its tasks and he reiterated his appeal for respect of its international and impartial status. He reminded the Israeli authorities that IDF/DFF positions close to population centres should be withdrawn and taken over by UNIFIL. Referring to UNIFIL's contribution to stability in the area, he recommended that the Council accept Lebanon's request of 15 July(24) for an extension of the Force for a further six months.
SECURITY COUNCIL ACTION (July)
On 30 July 1992, the Security Council, having considered the Secretary-General's report, unanimously adopted resolution 768(1992).
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 21 July 1992 and taking note of the observations expressed therein,
Taking note of the letter dated 15 July 1992 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 UNIFIL for a further interim period of six months, that is until 31 January 1993;
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 cooperate 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 768(1992)
30 July 1992 Meeting 3102 Adopted unanimously
Draft prepared in consultations among Council members (S/24360).
After the vote and consultations among Council members, the President made the following statement(25) on behalf of the Council:
Financing
The Secretary-General's report of November 1992 on the financing of UNIFIL(26) indicated that assessments totalling $2,003.6 million had been apportioned among Member States from UNIFIL's inception on 19 March 1978 to 31 January 1993, against which contributions of $1,846.4 million had been received. It also indicated an additional commitment authority of $147 million and applied credits of $19.9 million. The resulting outstanding balance of $284.3 million included an amount of $19.6 million due from China, transferred to a special account in accordance with a General Assembly resolution of 1981,(27) leaving $264.7 million due as at 31 October 1992.
Voluntary contributions in services and supplies not budgeted for in the cost estimates continued to be received from Switzerland. Cash contributions to the Suspense Account created in 1979(28) amounted to $8.4 million as at 31 October 1992.
The budget performance for the period from 1 February 1992 to 31 January 1993 reflected overall commitments higher than the level concurred in by the Advisory Committee on Administrative and Budgetary Questions (ACABQ). The additional requirements amounted to $1,723,000 gross ($1,525,000 net), for which the Secretary-General was seeking supplemental commitment authorization. The revised apportionment for the same period indicated a total of $148,708,000 gross ($145,677,000 net), inclusive of the requested supplemental commitment.
Should the UNIFIL mandate be extended beyond 31 January 1993, the Secretary-General estimated operational costs for a 12-month period beginning on 1 February 1993 at $12,190,000 gross ($11,931,500 net) per month, based on an average Force strength of 5,250 troops. The estimate incorporated the full impact of the ongoing Force reductions of 10 per cent in military strength, and 17 per cent and 10 per cent in the numbers, respectively, of internationally and locally recruited staff.
The audited UNIFIL financial statement for 1 February 1990 to 31 January 1991 indicated a "surplus" balance of $6,851,976, representing excess of income over expenditure. The Secretary-General recommended that that amount, which under certain provisions of the Financial Regulations of the United Nations would have to be surrendered as credits to Member States, be entered in the Suspense Account until the $264.7 million in outstanding assessed contributions was reduced.
Owing to delays or the withholding of contributions by certain Member States, the Secretary-General said UNIFIL was unable to meet its obligations on time, particularly those due to the troop-contributing States, which had never been paid on time and in full according to established rates. The UNIFIL Suspense Account, set up to alleviate the financial burden on those States, had not achieved that purpose. As at 31 October 1992, an estimated $108.7 million was due to former and current troop-contributing States for troop costs: an estimated $10.7 million was also due to Governments for contingent-owned equipment.
ACABQ(29) concurred with the Secretary-General as to the surplus balance and, to permit its transfer to the Suspense Account, recommended that the Assembly suspend the relevant financial regulations. It also recommended approval of commitment authority in the monthly amount indicated for any mandate extension during the 12 months beginning 1 February 1993 and that the Secretary-General be allowed the usual flexibility to transfer credits between items of expenditure.
GENERAL ASSEMBLY ACTION
On 22 December 1992, acting on the recommendation of the Fifth (Administrative and Budgetary) Committee, the General Assembly adopted resolution 47/205 without vote.
Financing of the United Nations
Interim Force in Lebanon
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 768(1992) of 30 July 1992,
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 46/194 of 20 December 1991,
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 United Nations Interim Force in Lebanon, as set forth in the report of the Secretary-General, and referring to paragraph 26 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 46/194,
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 implementation 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 148,708 000 United States dollars gross (145,677,000 dollars net) authorized and apportioned by the Assembly in paragraphs 2 and 3 of its resolution 46/194 for the operation of the United Nations interim Force in Lebanon from 1 February 1992 to 31 January 1993, inclusive;
2. Authorizes the Secretary-General to enter into commitments for the operation of the Force at a rate not to exceed 12,190,000 dollars gross (11,931,500 dollars net) per month for the period beginning 1 February 1993, should the Security Council decide to continue the Force beyond the period of six months authorized under its resolution 768(1992);
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 Assembly resolutions 44/192 B of 21 December 1989 45/244 of 21 December 1990 and 46/194, and taking into account the scale of assessments for the years 1992, 1993 and 1994;
4. Decides also to consider the contributions of Armenia, Azerbaijan, Bosnia and Herzegovina Croatia, Georgia, Kazakhstan, Kyrgyzstan, the Republic of Moldova, San Marino, Slovenia, Tajikistan, Turkmenistan and Uzbekistan to the Force in accordance with the rates of assessment to be adopted by the Assembly for these Member States at its forty-seventh session;
5. Invites the new Member States listed in paragraph 4 above to make advance payments against their assessed contributions, to be determined;
6. Decides 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 6,851,976 dollars, which otherwise would have to be surrendered pursuant to those provisions, this amount to be entered into 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;
7. Requests the Secretary-General to take all necessary measures to ensure that the Force is administered with a maximum of efficiency and economy;
8. 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, to be administered, as appropriate, in accordance with the procedure established by the General Assembly in its resolutions 43/230 of 21 December 1988, 44/192 A of 21 December 1989 and 45/258 of 3 May 1991, and also to make voluntary contributions in cash to the Suspense Account established in accordance with Assembly resolution 34/9 D of 17 December 1979:
9. Decides to consider at its forty-eighth session the question of the financing of the United Nations Interim Force in Lebanon.
General Assembly resolution 47/205
22 December 1992 Meeting 93 Adopted without vote
Approved by Fifth Committee (A/47/820) without vote, 19 December (meeting 50); draft by Chairman (A/C.5/47/L.13): agenda item 115 (b).
Meeting numbers. GA 47th session: 5th Committee 46, 50; plenary 93.
Israel and the Syrian Arab Republic
The General Assembly continued in 1992 to call for Israel's withdrawal from the Golan Heights, a part of the Syrian Arab Republic near its borders with Israel and Lebanon, which came under Israeli occupation in 1967. It was effectively annexed by Israel when it decided to extend its laws, jurisdiction and administration to that territory towards the end of 1981.(30) The de facto annexation of the Syrian Arab Golan was further confirmed by a decision of the Israeli Knesset on 11 November 1991.
The issue of Israeli practices affecting the human rights of the population in the Syrian Arab Golan continued to be monitored by the Committee on Israeli practices and was the subject of resolutions by the Commission on Human Rights and the General Assembly (see below, under "Territories occupied by Israel").
Report of the Committee on Israeli practices. In its report covering developments in the occupied territories between 23 August and 30 November 1991,(31) the Committee on Israeli practices, citing the Jerusalem Post of 12 November 1991, stated that, on the previous day, the Israeli Knesset, by a vote of 26 to 12, called for the continuation of Israeli sovereignty over the Golan Heights and the expansion of settlements there. Long-term plans for such expansion and the region's development had reportedly been submitted to the Israeli Prime Minister in October, for which he had expressed his support.
GENERAL ASSEMBLY ACTION
On 11 December, the General Assembly adopted resolution 47/63 A by recorded vote.
The General Assembly,
Having considered the item entitled "The situation in the Middle East",
Taking note of the report of the Secretary-General of 25 November 1992,
Recalling Security Council resolution 497(1981) of 17 December 1981,
Recalling its relevant resolutions, the last of which is 45/83 B of 13 December 1990,
Recalling also its resolution 3314(XXIX) of 14 December 1974, in the annex to 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 occupied Syrian Golan and the Palestinian territory occupied since 1967, including Jerusalem, and the other occupied Arab territories,
Noting that Israel has refused, in violation of Article 25 of the Charter of the United Nations, to accept and carry out the numerous relevant resolutions of the Security Council, in particular resolution 497(1981),
Deeply concerned that Israel has not withdrawn from the Syrian Golan, which has been under occupation since 1967, contrary to the relevant Security Council and General Assembly resolutions,
Taking note with satisfaction of the convening at Madrid of the Peace Conference on the Middle East on the basis of Security Council resolutions 242(1967) of 22 November 1967 and 338(1973) of 22 October 1973, but regretting that the desired substantial results have not been achieved,
1. Declares that Israel has failed so far to comply with Security Council resolution 497(1981) and the relevant resolutions of the General Assembly;
2. Declares once more that Israel's decision to impose its laws, jurisdiction and administration on the occupied Syrian Golan is illegal and therefore null and void and has no validity whatsoever;
3. Declares that the Knesset decision of 11 November 1991 annexing the occupied Syrian Golan constitutes a grave violation of Security Council resolution 497(1981) and therefore is null and void and has no validity whatsoever;
4. Declares all Israeli policies and practices of, or aimed at, annexation of the occupied Arab territories and the Palestinian territories occupied since 1967, including Jerusalem, and the occupied Syrian Golan 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 decisions relating to the occupied Syrian 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 once more that the continued occupation of the Syrian Golan since 1967 and its de facto 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 peace and security in the region;
8. 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 Golan, and its decision of 11 November 1991, which resulted in the effective annexation of that territory;
9. Demands once more that Israel withdraw from the occupied Syrian Golan in implementation of the relevant Security Council and General Assembly resolutions;
10. Calls upon the international community to urge Israel to withdraw from the occupied Syrian Golan and other occupied Arab territories for the establishment of a just, comprehensive and lasting peace in the region;
11. Requests the Secretary-General to report to the General Assembly at its forty-eighth session on the implementation of the present resolution.
General Assembly resolution 47/63 A
11 December 1992 Meeting 84 72-3-70 (recorded vote)
13-nation draft (A/47/L.42 & Add.1); agenda item 35.
Sponsors: Afghanistan, Cuba, Indonesia, Jordan, Malaysia, Mauritania, Morocco, Oman, Pakistan, Sudan, Syrian Arab Republic, Viet Nam, Yemen.
Meeting numbers. GA 47th session: plenary 78, 79, 84.
Recorded vote in Assembly as follows:
In favour: Afghanistan, Algeria, Azerbaijan, Bahrain, Bangladesh, Belize, Bhutan, Botswana, Brunei Darussalam, Burkina Faso, Burundi, Cameroon, Central African Republic, Chad, China, Comoros, Cuba, Cyprus, Democratic People's Republic of Korea, Djibouti, Egypt, Ethiopia, Gabon, Gambia, Ghana, Guatemala, Guinea, Guyana, Haiti, Honduras, India, Indonesia, Iran, Iraq, Jordan, Kuwait, Lao People's Democratic Republic, Lebanon, Libyan Arab Jamahiriya, Madagascar, Malaysia, Maldives, Mauritania, Mauritius, Mongolia, Morocco, Myanmar, Nepal, Nicaragua, Niger, Nigeria, Oman, Pakistan, Philippines, Rwanda, Saudi Arabia, Senegal, Sierra Leone. Sri Lanka, Sudan, Suriname, Syrian Arab Republic, Togo, Tunisia, Turkey, Uganda, United Arab Emirates, United Republic of Tanzania, Vanuatu, Viet Nam, Yemen, Zimbabwe.
Against: Israel, Micronesia, United States.
Abstaining: Albania, Antigua and Barbuda, Argentina, Australia, Austria, Bahamas, Barbados, Belarus, Belgium, Benin, Brazil, Bulgaria, Canada, Chile, Colombia, Côte d’Ivoire, Croatia, Czechoslovakia, Denmark, Dominica, Ecuador, Estonia, Fiji, Finland, France, Germany, Greece, Hungary Iceland, Ireland, Italy, Jamaica, Japan, Kazakhstan, Kenya, Kyrgyzstan, Latvia, Lesotho, Liechtenstein, Lithuania, Luxembourg, Malta, Marshall Islands, Mexico, Netherlands, New Zealand, Norway, Panama, Paraguay Peru, Poland, Portugal, Republic of Korea, Republic of Moldova, Romania, Russian Federation, Saint Lucia, Saint Vincent and the Grenadines, Samoa, San Marino, Singapore, Slovenia, Spain, Swaziland, Sweden, Thailand, Ukraine, United Kingdom, Uruguay, Venezuela.
UNDOF
The United Nations Disengagement Observer Force, established by the Security Council in 1974,(32) as called for by the Agreement on Disengagement of Forces between Israel and the Syrian Arab Republic concluded that year,(33) was charged with supervising the observance of the cease-fire between the two countries in the Golan Heights area and ensuring that there were no military forces in the area of separation between their forces. Assisting the Force as required were UNTSO observers assigned to the Israel-Syria Mixed Armistice Commission.
The UNDOF mandate was renewed twice in 1992, in May and November, each time for a six-month period.
Composition
As of November 1992, UNDOF had a strength of 1,130 military observers (reduced from 1,296 in May) from Austria, Canada, Finland and Poland. Five of them (reduced from seven in May) were on assignment from the United Nations Truce Supervision Organization.
UNDOF, under the command of Major-General Roman Misztal (Poland), remained deployed within and close to the area of separation, where it maintained 11 observation posts. Its headquarters was at Damascus. The Austrian battalion manned 19 positions (reduced from 20 in May) and 7 outposts, conducting 28 patrols daily at irregular intervals on predetermined routes in the area of separation north and inclusive of the Damascus-Quneitra road. South of that road, the Finnish battalion manned 17 positions and 7 outposts (increased from 16 and 6, respectively, in May), patrolling 26 times daily. The UNTSO observers manned 11 observation posts.
The Austrian battalion base camp was located near Wadi Faouar, 8 kilometres east of the separation area, while west of it near Ziouani was that of the Finnish battalion. The Polish and Canadian logistic units shared Camp Faouar and Camp Ziouani, respectively The Canadian signal unit had a detachment at each camp, as well as at Damascus headquarters. The military police was under redeployment to the two camps and to Checkpoint C (formerly position 28). Most of the military component of UNDOF headquarters relocated to the two camps. The civilian administration remained at Damascus, where the Force Commander maintained an office.
The foregoing information was contained in the May and November reports of the Secretary-General below.
Activities
Reports of the Secretary-General (May and November). Before the expiration of the mandate of UNDOF on 31 May and 30 November 1992, the Secretary-General reported to the Security Council on UNDOF activities for the mandate periods from 21 November 1991 to 19 May 1992(34) and from 20 May to 19 November 1992.(35) UNDOF suffered three fatalities during the two periods: 2 from accidents and 1 from other causes. This brought the number of deaths to 31 since UNDOF's inception, 19 as a result of hostile action or accidents and 12 from other causes.
The reports noted that UNDOF had continued to perform its functions effectively with the cooperation of Israel and the Syrian Arab Republic, that the situation in the area of separation between them had remained generally quiet and that the cease-fire had been maintained without serious incidents.
UNDOF continued to supervise the area of separation from permanently manned positions and observation posts and by foot and mobile patrols operating day and night at irregular intervals on predetermined routes. Temporary outposts were set up as required and the system of patrol paths along the cease-fire lines was further expanded.
Inspection teams made fortnightly inspections of armaments and forces in the area of limitation with the assistance of liaison officers from the two parties. UNDOF pursued the lifting of restrictions on its activities and movement in certain areas that continued to be imposed by both parties.
The November report noted that the Syrian authorities continued to lay mines and replace old ones in minefields along the eastern edge of the separation area, and that, during August and September, they also made improvements to several anti-tank ditches. Repeated UNDOF representations to the Syrian authorities about these infringements had not met with a positive response. However, representations to IDF over Israeli firings at grazing livestock that endangered the lives of their Syrian shepherds brought that dangerous practice to a halt.
The mine-clearing teams of the Polish battalion cleared a total area of 110,760 square metres and destroyed a number of other unexploded ordnance. UNDOF assisted ICRC with mail delivery and safe passage of persons and personal effects across the area of separation. It also provided medical treatment to the local population within available means.
Despite the relative quiet in the Israel-Syrian Arab Republic sector, the Secretary-General cautioned that the Middle East situation as a whole remained potentially dangerous, unless and until a comprehensive Middle East settlement was reached. Stating in each report that he considered UNDOF's continued presence in the area to be essential, the Secretary-General, with the Syrian Arab Republic's assent and Israel's agreement, recommended that its mandate be extended for a further six months, until 30 November 1992 in the first instance and until 31 May 1993 in the second.
SECURITY COUNCIL ACTION (May and November)
At a meeting on 29 May 1992, the Security Council, without debate, unanimously adopted resolution 756(1992).
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 1992;
(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 756(1992)
29 May 1992 Meeting 3081 Adopted unanimously
Draft prepared in consultations among Council members (S/24026).
The President stated that, in connection with the resolution just adopted, he had been authorized to make the following complementary statement(36) on behalf of the Council:
[Same text as statement following
resolution 790(1992) below.]
At a meeting on 25 November, the Council, also without debate, unanimously adopted resolution 790(1992)
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 1993;
(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 790(1992)
25 November 1992 Meeting 3141 Adopted unanimously
Draft prepared in consultations among Council members (S/24842).
The President again stated that, in connection with the resolution just adopted, he had been authorized to make the following complementary statement(37) on behalf of the Council:
"As is known, the report of the Secretary-General on the United Nations Disengagement Observer Force states, in paragraph 20: '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.' That statement of the Secretary-General reflects the view of the Security Council."
Financing
In a November 1992 report on the financing of UNDOF,(38) the Secretary-General indicated that assessed contributions apportioned to Member States in respect of UNDOF—from inception in 1974(32) to 30 November 1992—and of the United Nations Emergency Force II (UNEF II) (from inception at the end of 1973 and liquidation in 1980)—totalled $992 million, against which $935.7 million had been received as at 30 September 1992. The resultant balance of $56.3 million included $36 million due from China, which was transferred to a special account pursuant to a General Assembly resolution of 1981,(27) leaving $20.3 million in unpaid contributions.
The audited UNDOF/UNEF II financial statement as at 31 December 1991, covering the 12 months from 1 December 1990 to 30 November 1991, showed a "surplus" balance of $4,520,635, representing excess of income (including assessed contributions irrespective of collectibility) over expenditure. The Secretary-General proposed that, until the level of unpaid contributions was reduced, that surplus which otherwise would be surrendered as credits to Member States under certain provisions of the Financial Regulations, be entered into the Suspense Account set up by the Assembly in 1978.(39)
The UNDOF performance record for 1 December 1991 to 30 November 1992 showed an unencumbered balance of $911,000 gross ($841,000 net), which the Secretary-General recommended for credit to Member States against their assessments for future mandate periods.
The Secretary-General gave an estimate of $3,034,000 gross ($2,953,000 net) per month for a 12-month period beginning on 1 December 1992, in the event of an extension of the current mandate beyond its expiration on 30 November 1992. On that basis, he requested commitment authorization, as appropriate, for the maintenance of UNDOF from 1 December 1992 to 30 November 1993. He stated that the estimate reflected the full impact of the streamlining of the Force by a 15 per cent reduction in strength of each military contingent and of the internationally recruited civilian staff, with attendant savings in transport and accommodations.
The Secretary-General also stated that appropriation was required in the amount of $21,384,000 gross ($20,835,000 net) to cover commitments for 1 June to 30 November 1992, authorized by the Assembly in 1991,(40) and for apportionment among Member States.
ACABQ(29) concurred with the proposed disposition of the unencumbered balance. It noted that UNDOF’s streamlining notwithstanding, estimates of various items remained over-budgeted, singling out premises/accommodation and transport, the very items that should reflect the impact of the streamlining. Subject to its observations on the need for economy, ACABQ recommended an appropriation for UNDOF in the amount of $18,206,500 gross ($17,718,000 net) for 1 December 1992 to 31 May 1993, and, subject to a mandate renewal after 31 May, commitment authority up to the level of $3,034,000 gross ($2,953,000 net) per month for six months beginning on 1 June 1993. It further recommended suspension of the relevant financial regulations to allow the transfer of the surplus balance to the Suspense Account.
GENERAL ASSEMBLY ACTION
On 22 December 1992, acting on the recommendation of the Fifth Committee, the General Assembly adopted resolution 47/204 without vote.
Financing of the United Nations
Disengagement Observer Force
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 790(1992) of 25 November 1992,
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 46/193 of 20 December 1991,
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,
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 24 and 26 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,
Noting with appreciation that a voluntary contribution has been made to the United Nations Disengagement Observer Force by a Government,
1. Decides to appropriate to the Special Account referred to in section II, paragraph 1, of General Assembly resolution 3211 B (XXIX) the amount of 21,384,000 United States dollars gross (20,835,000 dollars net) authorized and apportioned by the General Assembly in paragraph 14 of its resolution 46/193 for the operation of the United Nations Disengagement Observer Force for the period from 1 June to 30 November 1992, inclusive;
2. Decides also to appropriate to the Special Account an amount of 18,206,500 dollars gross (17,718,000 dollars net) for the operation of the United Nations Disengagement Observer Force for the period from 1 December 1992 to 31 May 1993, inclusive;
3. Decides further, as an ad hoc arrangement to apportion the amount of 18,206,500 dollars gross (17,718,000 dollars net) 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 Assembly resolutions 44/192 B of 21 December 1989, 45/243 of 21 December 1990 and 46/193, and taking into account the scale of assessments for the years 1992, 1993 and 1994;
4. Decides that there shall be set off against the apportionment among Member States, as provided for in paragraph 3 above their respective share in the estimated income of 7,500 dollars other than staff assessment income approved for the period from 1 December 1992 to 31 May 1993, inclusive;
5. Decides also 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 above, their respective share in the Tax Equalization Fund of the estimated staff assessment income of 481,000 dollars approved for the period from 1 December 1992 to 31 May 1993, inclusive;
6. Decides further that there shall be set off against the apportionment among Member States, as provided for in paragraph 3 above, their respective share in the unencumbered balance of 911,000 dollars gross (841,000 dollars net) for the period from 1 December 1991 to 30 November 1992, inclusive;
7. Authorizes the Secretary-General to enter into commitments for the United Nations Disengagement Observer Force at a rate not to exceed 3,034,000 dollars gross (2,953,000 dollars net) per month for the period decide to continue the Force beyond the period of six months authorized under its resolution 790(1992), the said amount to be apportioned among Member States in accordance with the scheme set out in the present resolution;
8. Decides 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 surplus balance as at 31 December 1991 covering the period from 1 December 1990 to 30 November 1991 in the amount of 4,520,635 dollars, which otherwise would have to be surrendered pursuant to those provisions, this amount to be entered into the Suspense Account established pursuant to General Assembly resolution 33/13 E of 14 December 1978, until a further decision is taken by the Assembly;
9. Decides also to consider the contributions of Armenia, Azerbaijan, Bosnia and Herzegovina Croatia, Georgia, Kazakhstan, Kyrgyzstan, the Republic of Moldova, San Marino, Slovenia, Tajikistan, Turkmenistan and Uzbekistan to the United Nations Disengagement Observer Force in accordance with the rates of assessment to be adopted by the General Assembly for these Member States at its forty-seventh session;
10. Invites the new Member States listed in paragraph 9 above to make advance payments against their assessed contributions, to be determined;
11. 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 resolutions 43/230 of 21 December 1988, 44/192 A of 21 December 1989 and 45/258 of 3 May 1991;
12. 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;
13. Decides to consider at its forty-eighth session the question of the financing of the United Nations Disengagement Observer Force.
General Assembly resolution 47/204
22 December 1992 Meeting 93 Adopted without vote
Approved by Fifth Committee (A/47/819) without vote, 19 December (meeting 50): draft by Chairman (A/C.5/47/L.12); agenda item 115 (a).
Meeting numbers. GA 47th session: 5th Committee 46, 50; plenary 93.
REFERENCES
(1)YUN 1981, p. 275. (2)YUN 1991, p. 236. (3)S/23435. (4)A/46/849-S/23453. (5)S/23479. (6)S/24032. (7)S/23604 & S/23618. (8)S/23610. (9)YUN 1978, p. 312, SC res. 425(1978), 19 Mar. 1978. (10)Ibid., p. 296. (11)YUN 1982, p. 428. (12)Ibid., p. 450, SC res. 511(1982), 18 June 1982. (13)S/23439. (14)S/23440. (15)S/24950. (16)S/24951. (17)S/23452. (18)YUN 1991, p. 237. (19)S/23485. (20)S/23484. (21)YUN 1982, p. 433. (22)S/23495. (23)S/24341. (24)S/24293. (25)S/24362. (26)A/47/740. (27)YUN 1981, p. 1299, GA res. 36/116 A, 10 Dec. 1981. (23)YUN 1979, p. 352, GA res. 34/9 D, 17 Dec. 1979. (29)A/47/782. (30)YUN 1981, p. 309 (31)A/47/76. (32)YUN 1974, p. 205, SC res. 350(1974), 31 May 1974. (33)Ibid., p. 198. (34)S/23955. (35)S/24821. (36)S/24030. (37)S/24846. (38)A/47/620. (39)YUN 1978, p. 323, GA res. 33/13 E, 14 Dec. 1978. (40)YUN 1991, p. 246, GA res. 46/193, 20 Dec. 1991.
______________________________
Territories occupied by Israel
______________________________
The Palestine territory and other Arab territories occupied by Israel as a result of previous 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. By mid-1992, those territories had been under Israeli occupation for a quarter of a century. Throughout that time, the territories' inhabitants had refused to accept the occupation as a permanent fact—a refusal expressed in sporadic waves of general unrest and violence that exploded into widespread uprising (intifadah) towards the end of 1987 and persisted into 1992.
Israel's policies and practices in the territories remained under constant monitoring by the Committee on Israeli practices, whose reports in 1992 reflected the extremely tense situation and high level of violence engendered by the uprising and Israel's suppression of it by military force and collective punishment, including mass deportations of Palestinians.
The Security Council, in a statement on the situation in the occupied territories, condemned all violence and urged maximum restraint. It further condemned Israel's resumption of deportations in early January (resolution 726(1992)) and demanded the immediate return of the 383 Palestinians deported to Lebanon in December (799(1992)).
The General Assembly, in a series of resolutions adopted in December, demanded that Israel, as the occupying Power, desist from those policies and practices that were in violation of the 1949 fourth Geneva Convention and called on the High Contracting Parties to ensure Israel's respect for that Convention (47/64 E). It reaffirmed that occupation itself was a grave violation of the Palestinians' human rights and condemned Israel's policies and practices affecting every aspect of Palestinian life (47/70 A), demanded that Israel accept the applicability to the occupied territories of the fourth Geneva Convention (47/70 B) and called on it to rescind its deportation orders and to facilitate the immediate return of the deportees (47/70 E). The Assembly called on Israel to release all Palestinians and other Arabs arbitrarily detained or imprisoned (47/70 D) and to rescind all measures taken against Palestinian educational institutions (47/70 G). It condemned Israel's persistence in changing the physical character, demographic composition, institutional structure and legal status of the occupied Syrian Golan (47/70 F) and demanded that Israel desist from such action in all of the occupied territories (47/70 C).
In addition, Israel's confiscation of land, its appropriation of water resources and depletion of other economic resources and displacement and deportation of the territories' population were deplored by the Economic and Social Council (resolution 1992/57) and by the Assembly (47/172).
Earlier, in February, the Commission on Human Rights adopted four resolutions by which it again called on Israel to desist from all forms of human rights violations and to withdraw from the Palestine territory and other occupied Arab territories, as well as to refrain immediately from deporting Palestinians and to return all deportees without delay. It reaffirmed that the occupation of Palestine was a gross violation of human rights and an act of aggression against the peace and security of mankind, and determined that all Israeli measures purporting to alter the character and legal status of the Syrian Golan had no legal effect and that the installation of Israeli civilians in the occupied territories was illegal and a violation of the fourth Geneva Convention.
Communications. Several communications addressed to the Secretary-General in March and early April 1992 drew attention to an escalation of Israeli acts of repression, resulting in many casualties. The communications called on the United Nations to end Israel's continued violation of the fourth Geneva Convention and to provide international protection for the Palestinians living under Israeli occupation.
On 16 March,(1) the Deputy Permanent Observer for Palestine to the United Nations reported that, on the previous day, a large Israeli contingent stormed the Askar refugee camp, in the West Bank, from several directions, killing three Palestinians and injuring a fourth. On 20 March,(2) the Observer further reported that the Israeli army killed six youths and injured many others during the previous two days. Those repressive acts culminated in Israel's announcement, also on 20 March, of its intention completely to seal off the occupied Gaza Strip, where 800,000 Palestinians lived, until further notice. It declared Jerusalem closed to West Bank residents and set up roadblocks on all roads leading to and out of the West Bank.
The Observer wrote on 1 April(3) that Israeli undercover army units and other security forces deliberately opened fire on Palestinians in the Shaborah neighbourhood of Rafah, killing at least four and injuring more than 50, many seriously—a crime that added fuel to an extremely explosive and dangerous situation in occupied Palestine. Referring to the same incident, the Chairman of the Committee on Palestinian rights, on 3 April,(4) named the Israeli border police as the perpetrators of the killing, who additionally injured about 80 persons while chasing a Palestinian car in the market of the Rafah refugee camp. The Chairman referred to a Reuters report according to which 21 other Palestinians were shot and wounded by the Israeli army on 2 April in a clash with protesters in the Gaza Strip, as well as to a British Broadcasting Corporation account of that incident, which spoke of a woman run over and killed by an army jeep, of indiscriminate firing at Palestinians and of ambulances carrying the wounded being denied passage. He cited an article in Ha'aretz of 17 March to the effect that the Israeli Knesset (Parliament), in the latest of a series of legislation aimed at giving wider latitude in respect of its "open-fire" policy, passed a law allowing Israeli settlers and soldiers to chase and shoot at stone-throwing Palestinians. The Chairman asked that Israel immediately cease the killing and injuring of Palestinians and accept the de jure applicability of the fourth Geneva Convention.
Responding on 6 April,(5) Israel explained that, since the beginning of the peace process launched at Madrid in 1991, Israel had been subjected to a wave of terrorist attacks against its citizens at home and abroad that had left 17 Israelis dead and more than 250 wounded, including Jews and Arabs, schoolchildren and diplomats serving overseas. Terrorist leaders of the intifadah had stepped up their calls for violence against Israelis and had urged an intensification of attacks. It was in the context of intifadah violence and bloodshed, Israel stressed, that the incident at Rafah in the Gaza District should be viewed.
The incident was the result of a hand-grenade thrown at an IDF lookout post in southern Rafah. A local vehicle fleeing the scene ran over at least three local residents and hurled three fire-bombs at IDF troops giving chase; two of the attackers were killed in return fire. Mass disturbances ensued in several locations in the area and local residents leapt on vehicles of the security forces, compelling them to open fire. In all, four residents were killed (two of whom had hurled fire-bombs at IDF) and 11 others were wounded; 12 more were injured in riots the following day.
SECURITY COUNCIL ACTION
The Security Council met on 4 April to consider the latest waves of violence in the Gaza Strip. Before it were the foregoing communications, as well as a request of 3 April(6) from the Permanent Observer for Palestine that he be invited to participate in the meeting. The President noted that if the request met with approval, the Observer would be invited, not under rule 37a or 39b of the Council's provisional rules of procedure, but with the same rights of participation as those conferred by rule 37. On the proposal of the United States, the request was put to a vote. It was approved by 10 votes to 1 (United States), with 4 abstentions (Belgium, France, Hungary, United Kingdom).
Speaking before the vote, the United States maintained that the Council did not have before it a valid request to speak, and that the PLO representative should be granted permission to speak only if the request complied with rule 39. It pointed to the long-established practice that an Observer had no right to speak in the Council at its own request; rather, a request must be made on its behalf by a Member State. The United States saw no justification for a departure from that practice, nor was there anything in General Assembly resolutions to warrant a change in Council practice, including the 1988 resolution(7) that purported to change the designation of the PLO Mission but did not constitute recognition of any State of Palestine. The United States insisted on its opposition to special and ad hoc departures from orderly procedure, whence its proposal to put the request to a vote.
After consultations among Council members the President made the following statement(8) on behalf of the Council:
Meeting number. SC 3065.
Recommendations of the Secretary-General. In the light of the worsening situation in the Palestinian and other Arab territories occupied by Israel since 1967, attention was once more focused on the Secretary-General's recommendations on ways to ensure the safety and protection of the Palestinian civilians under Israeli occupation, as contained in his reports of 1988 (9) 1990(10) and 1991.(11)
The 1988 report recommended that, pending a political settlement that responded both to the refusal of the Palestinian population of the territories to accept a future under Israeli occupation and to Israel's determination to ensure its security and the well-being of its people, the international community should make a concerted effort to persuade Israel to accept the de jure applicability of the fourth Geneva Convention to the occupied territories and to correct its practices in full compliance with that Convention. Meanwhile, temporary measures were urgently needed, including: IDF training in the rules of international humanitarian law, with orders to its personnel to permit, during disturbances, rapid evacuation of the wounded and delivery of essential foods and medical supplies to the civilian population; and an increase in the number of the international staff, within UNRWA's existing administrative structures, to improve the general assistance provided to the refugee population.
In the 1990 and 1991 reports, the Secretary-General stressed that, for any measure of protection to be ensured, the cooperation of the Israeli authorities 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 the Parties to discuss possible measures that might be taken under the Convention. The Palestinian appeals for an impartial presence in the territories, properly mandated by the United Nations, was a matter for the Council to decide.
GENERAL ASSEMBLY ACTION
On 11 December 1992, the General Assembly adopted resolution 47/64 E by recorded vote.
The General Assembly,
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 about 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 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 and on 29 December 1990 at Rafah,
Stressing the need to promote international protection to the Palestinian civilians in the occupied Palestinian territory,
Recognizing the need for increased support to, and 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, 31 October 1990 and 9 April 1991,
Recalling its relevant resolutions as well as the relevant Security Council resolutions, in particular Council resolution 681(1990) of 20 December 1990, in paragraph 6 of which the Council requested "the Secretary-General, in cooperation 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",
1. Condemns those policies and practices of Israel, the occupying Power, which violate the human rights of 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.
General Assembly resolution 47/64 E
11 December 1992 Meeting 84 146-3-10 (recorded vote)
24-nation draft (A/47/L.39 & Add.1): agenda item 30.
Sponsors: Afghanistan, Algeria, Bangladesh, Comoros, Cuba, Guinea, Indonesia, Jordan, Lao People's Democratic Republic, Lebanon, Madagascar, Malaysia, Malta, Mauritania, Morocco, Pakistan, Qatar, Saudi Arabia, Senegal, Sudan, Tunisia, Vanuatu, Viet Nam, Yemen.
Meeting numbers. GA 47th session: plenary 74-77, 84.
Recorded vote in Assembly as follows:
In favour: Afghanistan, Albania, Algeria, Angola, Antigua and Barbuda, Argentina, Australia, Austria, Azerbaijan, Bahamas, Bahrain, Bangladesh, Barbados, Belarus, Belgium, Belize, Benin, Bhutan, Bosnia and Herzegovina, Botswana, Brazil, Brunei Darussalam, Bulgaria, Burkina Faso, Burundi, Cameroon, Canada, Cape Verde, Central African Republic, Chad, Chile, China, Colombia, Comoros, Cuba, Cyprus, Czechoslovakia, Democratic People's Republic of Korea, Denmark, Djibouti, Dominica, Ecuador, Egypt, El Salvador, Estonia, 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, Kazakhstan, Kenya, Kuwait, Lao People's Democratic Republic, Latvia, Lebanon, Lesotho, Liberia, Libyan Arab Jamahiriya, Liechtenstein, Lithuania, Luxembourg, Madagascar, Malaysia, Maldives, Mali, Malta, Mauritania, Mauritius, Mexico, Mongolia, Morocco, Myanmar, Namibia, Nepal, Netherlands, New Zealand, Nicaragua, Niger, Nigeria, Norway, Oman, Pakistan, Panama, Paraguay, Peru, Philippines, Poland, Portugal, Qatar, Republic of Korea, Republic of Moldova, Romania, Rwanda, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Samoa, San Marino, Saudi Arabia, Senegal, Sierra Leone, Singapore, Slovenia, Solomon Islands, Spain, Sri Lanka, Sudan, Suriname, Swaziland, Sweden, Syrian Arab Republic, Thailand, Tunisia, Turkey, Uganda, Ukraine, United Arab Emirates, United Kingdom, United Republic of Tanzania, Vanuatu, Venezuela, Viet Nam, Yemen, Zambia, Zimbabwe.
Against: Israel, Micronesia, United States.
Abstaining: Bolivia, Costa Rica, Côte d’Ivoire, Croatia, Dominican Republic, Malawi, Marshall Islands, Russian Federation, Togo, Uruguay.
Reports of the Committee on Israeli practices. In 1992, the Special Committee to Investigate Israeli Practices Affecting the Human Rights of the Palestinian People and Other Arabs of the Occupied Territories presented three periodic reports—in January,(12) July(13) and October(14)—covering developments in the occupied territories between 23 August 1991 and 26 August 1992. The reports incorporated excerpts or details of written information from various sources, including individuals, organizations and the local press; oral testimonies of persons with firsthand experience of the human rights situation in the territories, obtained through hearings organized by the Committee at Damascus (Syrian Arab Republic), Amman (Jordan), Cairo (Egypt) and Geneva; and official Israeli statements reflecting Israeli policies in the territories, as well as reports on measures taken to implement them.
On the basis of the information before it, the Committee concluded that the situation of basic human rights and fundamental freedoms in the occupied territories continued to be extremely serious. The ongoing peace process, begun at Madrid in 1991,(15) had had no significant effect on the overall enjoyment of those rights and freedoms. The physical and psychological stress endured by the Palestinians and other Arabs remained a threat to international peace and security.
The October report reflected the extremely tense situation that had prevailed in the occupied territories since the intifadah began in December 1987.(16) The repression of that struggle had maintained the dramatic level of violence reached in the territories. The occupation itself engendered a situation where human rights violations would occur. The period under review again witnessed a heavy toll of casualties among all categories of the civilian population, due to the indiscriminate and violent methods employed to suppress the popular uprising. To quell demonstrations or strikes, especially in detention centres, disproportionate and at times unnecessary force was resorted to, including beating and the use of tear-gas canisters and live ammunition, causing numerous deaths and injuries that often led to permanent incapacitation. The fear and tension prevailing in the occupied territories was exacerbated by the introduction of undercover units as death squads and the relaxation of open-fire regulations against activists involved in the uprising.
The hardships suffered by a population already living on the threshold of mere survival, brought about by a steady deterioration of the economic, social and health conditions, were compounded by such measures of collective punishment as the periodic closure of educational institutions, the demolition of houses, the deliberate policy of economic pressure and administrative obstacles. Freedom of education was further infringed upon by increasingly restrictive identity-card regulations in respect of students in the West Bank and the Gaza Strip. Curfews and restrictions on movement inside and outside the occupied territories continued to have an adverse effect on the employment of tens of thousands of Arab workers. The non-recognition of diplomas earned in off-campus teaching owing to school closures resulted in a generation of young Palestinians and other Arabs unable to obtain employment. Further aggravating the employment situation was the continual influx of Jewish immigrants who were competing for the same employment opportunities.
The climate of uncertainty and frustration increased as acts of aggression by Israeli settlers multiplied and as settlements increased under the annexationist policy pursued by Israel. The Committee thus welcomed declarations by the new Israeli Government concerning those settlements, but remained preoccupied by the overwhelming preponderance of "security" over "political" settlements particularly in the Jordan Valley and the Syrian Arab Golan. The settlers' increased physical and psychological harassment of Palestinians and other Arabs seemed deliberately intended to make them leave their homeland.
The expulsion of Palestinians from the territories for alleged security reasons continued, in violation of the fourth Geneva Convention and despite renewed international protests, as did the expulsion of persons without valid residence permits. Drawn to the Committee's attention was a form of "disguised" deportation of certain students wanting to study abroad, by obliging them to leave for three years.
Other Israeli policies and practices described as persistent included: the increasing transfer of the administration of justice to the military, as had been the case with recent traffic offences; arbitrary administrative detention, ostensibly for preventive purposes; denial of basic legal rights, including the right to a fair trial; imposition of sentences harsher than those imposed on Israelis for the same offences, the detention of several thousand Palestinians, including minors, in prisons and detention centres characterized by overcrowding and inadequate food and medical care; detention of minors over 12 years old in the same areas with adult, often common-law, prisoners; the routine use of torture, including electric shock during interrogation, and ill-treatment of the detained and imprisoned; and severe repression of prison strikes, including hurling tear-gas canisters into closed spaces.
To prevent an exacerbation of the already dramatic situation in the occupied territories, renewed efforts by the international community were required to convince Israel to end its practices affecting human rights. In the meantime, the Committee recommended: full application by Israel of the fourth Geneva Convention, the main international instrument of humanitarian law applicable to the territories, as repeatedly reaffirmed by the Security Council and the General Assembly; full compliance with all resolutions relevant to the Palestine question adopted by the United Nations and by ILO, UNESCO and WHO; the creation of conditions conducive to promoting respect for human rights; full Israeli cooperation with ICRC in its efforts to gain access to detained persons in the occupied territories; full support by Member States of ICRC activities on behalf of the detained, as well as of UNRWA activities on behalf of the refugee population; and full respect by the Israeli authorities of the privileges and immunities of UNRWA as an international body providing humanitarian services to Palestinian refugees in the occupied territories.
Report of the Secretary-General. The Secretary-General reported to the General Assembly in October 1992(17) that Israel had not replied to his July request for information on steps taken or envisaged to implement a 1991 Assembly resolution(18) demanding that Israel desist from certain policies and practices in the occupied territories. He had also drawn the attention of States and international organizations, including the specialized agencies, to the Assembly's call not to recognize any changes carried out by Israel in the territories and to avoid actions, including those in the field of aid, that might be used by Israel in its annexation or other policies.
The Secretary-General further stated that, in response to the resolution's request that he ensure the widest circulation of the reports of the Committee on Israeli practices and of information on its activities and findings, DPI had published a booklet on the life of Palestinians under Israeli occupation, in Arabic, English, French, German, Russian and Spanish, drawing extensively from the Committee's reports. DPI included in its 1992-1993 work programme the updating of the 1989 edition of a booklet on human rights for Palestinians, publicizing the Committee's work. It also publicized the Committee's 1992 mission to the Middle East. (For details of the publications mentioned, see above, under "Public information activities".)
GENERAL ASSEMBLY ACTION
On 14 December 1992, acting on the recommendation of the Special Political Committee, the General Assembly adopted resolution 47/70 A by recorded vote.
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 about 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 their 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,
Recalling specifically Security Council resolution 681(1990) of 20 December 1990, in paragraph 6 of which the Council requested "the Secretary-General, in cooperation 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",
Recalling also all its resolutions on the subject, the most recent of which was resolution 46/47 A of 9 December 1991,
Recalling further the relevant resolutions adopted by the Commission on Human Rights, including its resolutions 1992/1, 1992/2 A and B, 1992/3 and 1992/4 of 14 February 1992 and 1992/70 of 4 March 1992,
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, 31 October 1990, 9 April 1991 and 23 October 1992,
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, and demands that Israel allow the Special Committee access to those territories;
3. 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;
4. 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;
5. 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;
6. Condemns, in particular, the Israeli policies and practices of collective punishment, destruction and demolition of houses, use of undercover units as death squads and ill-treatment and torture of prisoners;
7. Strongly condemns the imposition of Israeli laws jurisdiction and administration on the occupied Syrian Golan, which has resulted in the effective annexation of that territory;
8. Condemns the Israeli repression against and closing of the educational institutions in the occupied Syrian Golan, particularly prohibiting Syrian textbooks 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 Convention;
9. 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;
10. 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, 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;
11. Reaffirms that Israel's policy of settling parts of its population and new immigrants in the occupied territories constitutes a flagrant violation of the Convention and of the relevant resolutions of the United Nations;
12. 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;
13. 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;
14. 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;
15. Reiterates its call upon all States, in particular those States parties to the Convention, in accordance with article 1 thereof, 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;
16. 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 according to its regulations 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;
17. Also requests the Special Committee to submit regularly to the Secretary-General periodic reports on the present situation in the occupied Palestinian territory;
18. 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;
19. 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;
20. Demands that Israel, the occupying Power, return immediately all documents and papers that were taken away from the Sharia Islamic Court in occupied Jerusalem, to the officials of the said Court;
21. 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;
(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 17 above to Member States;
(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 that are no longer available;
(e) To report to the General Assembly at its forty-eighth session on the tasks entrusted to him in the present resolution;
22. Decides to include in the provisional agenda of its forty-eighth 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 47/70 A
14 December 1992 Meeting 85 83-5-55 (recorded vote)
Approved by Special Political Committee (A/47/612) by recorded vote (74-6-43), 25 November (meeting 27); 10-nation draft (A/SPC/47/L.25); agenda item 74.
Sponsors: Afghanistan, Bangladesh, Brunei Darussalam, Comoros, Cuba, Indonesia, Madagascar, Malaysia, Pakistan, Zambia.
Meeting numbers. GA 47th session: SPC 24-27; plenary 85.
Recorded vote in Assembly as follows:
In favour: Afghanistan, Algeria, Angola, Azerbaijan, Bahrain, Bangladesh, Bhutan, Bosnia and Herzegovina, Botswana, Brazil, Brunei Darussalam, Burkina Faso, Chad, Chile, China, Colombia, Comoros, Cuba, Cyprus, Democratic People’s Republic of Korea, Djibouti, Ecuador, Egypt, El Salvador, Ethiopia, Gabon, Gambia, Guatemala, GuineaBissau, Guyana, Haiti, Honduras, India, Indonesia, Iran, Jordan, Kuwait, Lao People’s Democratic Republic, Lebanon, Libyan Arab Jamahiriya, Madagascar, Malaysia, Maldives, Mali, Mauritania, Mauritius, Mexico, Morocco, Mozambique, Myanmar, Namibia, Nepal, Niger, Nigeria, Oman, Pakistan, Peru, Philippines Qatar, Republic of Korea, Rwanda, Sao Tome and Principe, Saudi Arabia Senegal, Sierra Leone, Singapore, Sri Lanka, Sudan, Swaziland, Syrian Arab Republic, Thailand, Togo, Trinidad and Tobago, Tunisia, Turkey, Ukraine, United Arab Emirates, Vanuatu, Venezuela, Viet Nam, Yemen, Zambia, Zimbabwe.
Against: Israel, Marshall Islands, Romania, United States, Uruguay.
Abstaining: Albania, Antigua and Barbuda, Argentina, Australia, Austria, Barbados, Belarus, Belgium, Belize, Benin, Bolivia, Bulgaria, Cameroon, Canada, Costa Rica, Côte d’Ivoire, Czechoslovakia, Denmark, Dominica, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Jamaica, Japan, Kazakhstan, Latvia, Liberia, Liechtenstein, Lithuania, Luxembourg, Malta, Micronesia, Mongolia, Netherlands, New Zealand, Norway, Panama, Paraguay, Poland, Portugal, Republic of Moldova, Russian Federation, Saint Lucia, Saint Vincent and the Grenadines, Samoa, Spain, Suriname, Sweden, United Kingdom.
Human Rights Commission action. The Commission on Human Rights, on 14 February 1992, adopted two resolutions on the question of the violation of human rights in the occupied Arab territories, including Palestine.(19) It again called on Israel to desist from its policies and practices that violated the human rights of the Palestinians, to withdraw from the occupied territories, and to refrain forthwith from deporting Palestinians and to allow all deportees to return to their homes without delay. (See also PART THREE, Chapter X.)
Fourth Geneva Convention
Report of the Committee on Israeli practices. In its October 1992 report,(14) the Committee on Israeli practices stressed that the overall hardships confronting the population of the occupied territories derived from the fact that occupation itself constituted a violation of human rights. Israel continued to impose its laws, jurisdiction and administration on the occupied territories, in violation of its obligations as a State party to the fourth Geneva Convention, which stipulated that military occupation was to be considered a temporary, de facto situation giving no right whatsoever to the occupying Power over the territorial integrity of the territories it occupied.
Israel had consistently held, however, that it did not recognize the Convention's de jure applicability to the territories but asserted that it was acting in de facto accordance with the humanitarian provisions of that Convention. It continued to claim that certain of the territories it had occupied since 1967 constituted a part of Israel—a claim unanimously refuted by the international community.
Report of the Secretary-General. In October 1992,(20) the Secretary-General informed the Assembly that Israel had not replied to his July request for information on steps taken or envisaged to implement a 1991 Assembly resolution(21) demanding 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 it had occupied since 1967.
GENERAL ASSEMBLY ACTION
On 14 December 1992, on the recommendation of the Special Political Committee, the General Assembly adopted resolution 47/70 B by recorded vote.
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, 673(1990) of 24 October 1990 and 681(1990) of 20 December 1990,
Recalling further its resolutions 3092 A (XVIII) 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, 44/48 B of 8 December 1989, 45/74 B of 11 December 1990 and 46/47 B of 9 December 1991,
Recalling the reports of the Secretary-General of 21 January 1988, 31 October 1990 and 9 April 1991, and taking note of the report of the Secretary-General of 23 October 1992,
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 Convention,
Noting that Israel and the concerned Arab States whose 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 to ensure respect for the Convention in all circumstances,
1. Reaffirms that the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 2 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 SecretaryGeneral to report to the General Assembly at its forty-eighth session on the implementation of the present resolution.
General Assembly resolution 47/70 B
14 December 1992 Meeting 85 141-1-4 (recorded vote)
Approved by Special Political Committee (A/47/612) by recorded vote (118-1-5), 25 November (meeting 27); 10-nation draft (A/SPC/47/L.26); agenda item 74.
Sponsors: Afghanistan, Bangladesh, Brunei Darussalam, Comoros, Cuba, Indonesia, Madagascar, Malaysia, Pakistan, Zambia.
Meeting numbers. GA 47th session: SPC 24-27; plenary 85.
Recorded vote in Assembly as follows:
In favour: Afghanistan, Albania, Algeria, Angola, Antigua and Barbuda, Argentina, Australia, Austria, Azerbaijan, Bahrain, Bangladesh, Barbados, Belarus, Belgium, Belize, Benin, Bhutan, Bolivia, Bosnia and Herzegovina, Botswana, Brazil, Brunei Darussalam, Bulgaria, Burkina Faso, Cameroon, Canada, Central African Republic, Chad, Chile, China, Colombia, Comoros, Costa Rica, Cuba, Cyprus, Czechoslovakia, Democratic People's Republic of Korea, Denmark, Djibouti, Dominica, Ecuador, Egypt, El Salvador, Estonia, Ethiopia, Finland, France, Gabon, Gambia, Germany, Greece, Guatemala, Guinea-Bissau, Guyana, Haiti, Honduras, Hungary, Iceland, India, Indonesia, Iran, Ireland, Italy, Jamaica, Japan, Jordan, Kazakhstan, Kuwait, Lao People's Democratic Republic, Latvia, Lebanon, Liberia, Libyan Arab Jamahiriya, Liechtenstein, Lithuania, Luxembourg, Madagascar, Malawi, Malaysia, Maldives, Mali, Malta, Marshall Islands, Mauritania, Mauritius, Mexico, Mongolia, Morocco, Mozambique, Myanmar, Namibia, Nepal, Netherlands, New Zealand, Niger, Nigeria, Norway, Oman, Pakistan, Panama, Paraguay, Peru, Philippines, Poland, Portugal, Qatar, Republic of Korea, Republic of Moldova, Romania, Rwanda, Saint Lucia, Saint Vincent and the Grenadines, Samoa, Sao Tome and Principe, Saudi Arabia, Senegal, Sierra Leone, Singapore, Spain, Sri Lanka, Sudan, Suriname, Swaziland, Sweden, Syrian Arab Republic, Thailand, Togo, Trinidad and Tobago, Tunisia, Turkey, Ukraine, United Arab Emirates, United Kingdom, United Republic of Tanzania, Uruguay, Vanuatu, Venezuela, Viet Nam, Yemen, Zambia, Zimbabwe.
Against: Israel.
Abstaining: Côte d’Ivoire, Micronesia, Russian Federation, United States.
Before voting on the text as a whole, the Assembly and the Committee retained paragraph 1 by recorded votes of 143 to 1, with 1 abstention, and 123 to 1, respectively.
Expulsion and deportation of Palestinians
Report of the Committee on Israeli practices. In its report of October 1992,(14) the Committee on Israeli practices noted the continued issuance of deportation orders for alleged security reasons against inhabitants of the occupied territories, in violation of the fourth Geneva Convention. Despite repeated international protests, the case involving 11 persons under deportation orders since the beginning of 1992 remained pending before the High Court of Justice of Israel. Also continuing was the recently introduced "conditional banishment" of alleged leading activists of the uprising, as in the expulsion to Jordan of six Palestinian students on 17 July, following a five-day siege of Al-Najah National University at Nablus in the West Bank, as well as expulsions for lack of a valid "staying visa", often of non-resident wives and children.
SECURITY COUNCIL ACTION (January)
The Security Council convened on 6 January 1992 in the wake of the most recent mass deportation of Palestinians from the occupied territories. At their request, Egypt, Israel and the Syrian Arab Republic were invited to participate in the discussion without the right to vote, in accordance with rule 37a of the Council's provisional rules of procedure.
The President drew attention to a letter from the Permanent Observer for Palestine(22) requesting that, in accordance with the Council's previous practice, he be invited to participate in the discussion. The President noted that the request was not made pursuant to rule 37 or rule 39b but that, if approved, the Observer would have the same rights of participation as those conferred by rule 37. The request was approved by 10 votes to 1 (United States), with 4 abstentions (Belgium, France, Hungary, United Kingdom).
The United States, which requested the vote stated its opposition, as it normally had regarding similar requests in the past, to granting PLO the same rights to participate in Council proceedings as if it represented a Member State of the United Nations. It underscored its generous interpretation of rule 39 over four decades and would not have raised any objection had the request been appropriately made under that rule.
Before the Council were two letters, from the Observer(23) and from the Acting Chairman of the Committee on Palestinian rights,(24) dated 3 and 6 January, respectively, drawing attention to and condemning the expulsion of 12 Palestinian civilians suspected of directing and taking part in violent acts against Israel. They were identified as Marwan Afaneh, Iyhab al-Ashkar, Ahmed Nimr Hamdan, Ghassan Jarrar, Iyad Abed al-Raouf Judeh, Khader Atich Khader, Ali Faris al-Khatib, Ra'afet al-Najar, Omar Assaf Safi, Ahmad Abu Sa'if, Sami Abu Samhadaneh and Hassan Abed Alla Shaban. The Acting Chairman cited The New York Times of 3 January as reporting that, since the intifadah began, Israel had deported at least 66 Palestinians, excluding the 12 mentioned above.
Following statements by five speakers, including the Observer for Palestine, the Council unanimously adopted resolution 726(1992).
The Security Council,
Recalling the obligations of Member States under the United Nations Charter,
Recalling its resolutions 607(1988), 608(1988), 636(1989), 641(1989) and 694(1991),
Having been apprised of the decision of Israel, the occupying Power, to deport twelve Palestinian civilians from the occupied Palestinian territories,
1. Strongly condemns the decision of Israel, the occupying Power, to resume deportations of Palestinian civilians;
2. Reaffirms the applicability of the Fourth Geneva Convention of 12 August 1949 to all the Palestinian territories occupied by Israel since 1967, including Jerusalem;
3. Requests Israel, the occupying Power, to refrain from deporting any Palestinian civilian from the occupied territories;
4. Also requests Israel, the occupying Power, to ensure the safe and immediate return to the occupied territories of all those deported;
5. Decides to keep the matter under review.
Security Council resolution 726(1992)
6 January 1992 Meeting 3026 Adopted unanimously
Draft prepared in consultations among Council members (S/23372).
The Observer for Palestine asserted that the policy of deportation had its roots in the ideological position that rejected not only the Palestinian national identity, but the very existence of Palestine. That position insisted on regarding the existence of Palestinians in their own country as a transient situation that must be changed and on the need to depopulate the territory of its Palestinian inhabitants through a policy of transfer, in order to annex the territory while keeping the pure Jewish nature of the State.
Israel asserted that the decision to expel the 12 Palestinians who were heavily implicated in organizing terror was not hastily taken. The 12 were active members of three terrorist groups: the Popular Front, which had taken responsibility for several serious attacks involving firearms, the Hamas group, which had admitted to 67 attacks and the PLO Fatah group, which had committed approximately 320 terrorist acts—all in the past year. Israel pointed out that the expulsion orders were not immediate, each of the 12 having been given the opportunity to submit an appeal, first to an advisory committee attached to the Regional Commander, and then to the Israeli Supreme Court sitting as the High Court of Justice. Israel said expulsion orders were a rarely used but highly effective deterrent, the last ones having been issued against four Gaza District residents in May 1991.(25) The expulsion of extremists actively engaged in wrecking the ongoing peace process would help create the security and calm so essential for serious peace talks.
Israel went on to say that its expulsion orders were in accord with the legal framework in force in Judaea, Samaria and the Gaza District. Pending a political solution to the problem as a whole, Israel was responsible, according to international law, for the administration of the territories and as such obliged to determine the manner of restoring and maintaining order. Most of the security measures adopted by the Military Government in the administered areas were based on local Jordanian or Egyptian legislation, of which the Defence (Emergency) Regulations 1945 formed part. Those regulations were enacted by the British Government in 1945 and applied to the whole area under the Mandate, including the administered areas. Regulation 112, under which expulsion orders were issued, had been held valid in the administered areas by the Israeli Supreme Court. It had been argued that expulsion was prohibited by the fourth Geneva Convention; however, the Convention was not applicable to Judaea, Samaria and the Gaza District since they were not taken, as formulated in the Convention, from any legal sovereign. Nevertheless, Israel voluntarily applied the Convention's humanitarian provisions, which, as interpreted by the Israeli Supreme Court, did not include any prohibition of the expulsion of individuals involved in terrorist activities.
The United States believed that deportation of individuals from the occupied territories was a violation of the fourth Geneva Convention as it pertained to the treatment of inhabitants of those territories. Any person charged with wrongdoing should be brought before a court of law and given a fair trial affording full judicial process. The United States said it had repeatedly urged Israel to cease deportations immediately and permanently and to comply fully with the Convention in all of the territories it had occupied since 1967.
Communications. The Chairman of the Committee on Palestinian rights, on 17 December 1992,(26) drew the Secretary-General's attention to a Reuters dispatch, as well as to press releases issued by the Gaza Centre for Rights and Law and the Palestine Human Rights Information Centre (PHRIC), to the effect that, on the previous day Israel had ordered the summary deportation of 418 Palestinians from the occupied territories for two years, apparently in punishment for the recent killing of a kidnapped Israeli soldier. Alleged to be activists with Islamic groups, they had not been formally charged with any offence but had been taken to Israel's northern border in anticipation of their deportation into southern Lebanon. They were reportedly waiting on buses, blindfolded and handcuffed, pending a court ruling from Jerusalem.
The move came in the wake of mass arrests of some 2,000 Palestinians during the preceding three days, of a round-the-clock curfew imposed on the Gaza Strip and of the sealing of the Gaza Strip and West Bank as closed military zones. The Chairman conveyed the Committee's renewed call for international protection for Palestinians living under Israeli occupation and for intensified efforts towards the achievement of a just and lasting settlement.
The Observer for Palestine, on 18 December,(27) reported that 383 of those slated for deportation had effectively been deported, in complete disregard of world-wide appeals and in violation of the fourth Geneva Convention. He asked for immediate action to guarantee their safe return and the return of all other Palestinian deportees.
Lebanon, also on 18 December,(28) requested an urgent meeting of the Security Council to discuss the grave situation resulting from the mass deportation into Lebanese territory, urging the Council to compel Israel to reverse its action.
SECURITY COUNCIL ACTION (December)
The Council convened on 18 December 1992 in response to Lebanon's request.(28) Egypt, Israel Jordan, Lebanon and the Syrian Arab Republic were invited, at their request, to participate in the deliberations without the right to vote, in accordance with rule 37a of the Council's provisional rules of procedure.
Regarding a request from the Permanent Observer for Palestine(29) to participate in accordance with the Council's previous practice, the President again noted that it had not been made pursuant to rule 37 or rule 39b and that, if approved, the Observer would be invited to participate with the same rights of participation as those conferred by rule 37. The request was approved by 10 votes in favour to 1 against (United States), with 4 abstentions (Belgium, France, Hungary, United Kingdom). The United States, which had requested the vote, reiterated its objection to the participation of PLO for the same reasons it had cited at the Council’s January meeting (see above).
The Council unanimously adopted resolution 799(1992).
The Security Council,
Recalling the obligations of Member States under the United Nations Charter,
Reaffirming its resolutions 607(1988), 608(1988), 636(1989), 641(1989), 681(1990), 694(1991) and 726(1992),
Having learned with deep concern that Israel, the occupying Power, in contravention of its obligations under the Fourth Geneva Convention of 1949, deported to Lebanon on 17 December 1992 hundreds of Palestinian civilians from the territories occupied by Israel since 1967, including Jerusalem,
1. Strongly condemns the action taken by Israel, the occupying Power, to deport hundreds of Palestinian civilians, and expresses its firm opposition to any such deportation by Israel;
2. Reaffirms the applicability of the Fourth Geneva Convention of 12 August 1949 to all the Palestinian territories occupied by Israel since 1967, including Jerusalem, and affirms that deportation of civilians constitutes a contravention of its obligations under the Convention;
3. Reaffirms also the independence, sovereignty and territorial integrity of Lebanon;
4. Demands that Israel, the occupying Power, ensure the safe and immediate return to the occupied territories of all those deported;
5. Requests the Secretary-General to consider dispatching a representative to the area to follow up with the Israeli Government with regard to this serious situation and to report to the Security Council;
6. Decides to keep the matter actively under review.
Security Council resolution 799(1992)
18 December 1992 Meeting 3151 Adopted unanimously
Draft prepared in consultations among Council members (S/24987).
The Observer for Palestine remarked that perhaps one of the most serious political consequences of Israel's action was its potential for sabotaging or even completely destroying the ongoing peace process. The Palestinian delegation to the talks had been compelled to boycott the previous day's meeting, the last in the eighth round of talks, pending a final decision by the PLO leadership on whether to continue with its participation in the process for it could not agree to participate in peace talks while Israel pursued its illegal and repressive policies against Palestinians, especially its deportation policy.
Calling Israel's action an act of defiance of the United Nations, a challenge to the Council and a serious breach of the sovereignty and rights of States, Lebanon noted that the Palestinian deportees were left stranded in the open on Lebanese soil under harsh weather conditions, despite its announcement that it would not receive them on its territory.
In defence of the deportations, Israel stated that since March the Islamic fundamentalist group Hamas had carried out 30 terrorist attacks against Israelis that had left 11 dead and 9 wounded. It went on to describe the circumstances and dates of death by stabbing of 3 Israelis (22 February and 24 and 27 May); of 3 soldiers killed by Hamas terrorists, who later paraded through Gaza City proclaiming responsibility for the attack (7 December); of the death of a driver and the wounding of 2 soldiers when Hamas opened fire on their moving vehicle (12 December); and of the kidnapping of an Israeli soldier, later strangled and stabbed to death and whose body was dumped on the Jerusalem-Jericho highway (15 December).
Hamas and Islamic Jihad, Israel claimed, had engaged in gunfire attacks on Israeli civilians and soldiers, in the murder of suspected Palestinian collaborators, in kidnappings and hostage-taking, and in shrill anti-Semitic rhetoric. Moreover, in a leaflet issued in 1991, Hamas declared its unyielding opposition to the very notion of a Middle East peace conference and called for "a serious and effective move at all levels to foil the capitulation conference". Despite these, some Council members were condemning Israel for protecting its citizens and taking measures in self-defence. In view of these terrorist activities, Israel decided to issue temporary removal orders, for a period not to extend beyond two years, against hundreds of members of the terrorist Hamas and Islamic Jihad organizations, including their political and military leaders, whose actions endangered, or incited others to endanger, human lives. The Supreme Court of Israel allowed the temporary-removal measures to proceed, following a careful 14-hour examination of the legal issues involved.
To sum up its position, Israel quoted its Prime Minister, who stated at a special Knesset session on 15 December: "We have only one course, and it is a dual one: a search for peace and an uncompromising war on terrorism. Despite the pain, we continue to cling to the pursuit of peace."
Explaining its affirmative vote, the United States expressed regret that Israel had gone ahead with the deportations, for, by so doing, it played into the hands of those whose goal was to scuttle the peace process. It also imposed an unfair burden on Lebanon. The United States, however, could not ignore, and equally and strongly condemned, the brutal murder of Israelis by Hamas that preceded the deportations and were part of a deliberate strategy to undermine the peace process.
Subsequent communications. On 21 December,(30) the Observer for Palestine drew attention to the extremely harsh conditions of the area in which the deportees were located, making necessary an even more rapid implementation of the resolution just adopted.
Israel, on 23 December,(31) expressed its regret over the Council resolution, which not only failed to recognize Israel's compelling need to defend and protect its citizens against a brutal wave of terrorist activity but also in no way condemned the acts of terror by Hamas and Islamic Jihad elements against Arab and Jew alike. Nevertheless, Israel agreed to the Secretary-General's suggestion to send his representative to Israel on a goodwill mission in the very near future.
Israel restated that it took the exceptional step of temporarily excluding the operatives of the two organizations so as to curtail their network to a degree that would enable the peace talks to proceed in the desired direction. It pointed out that the Supreme Court of Israel sitting as the High Court of Justice had twice considered the petitions for the return of those subjected to the exclusion orders, who had been allowed recourse to individual appeals within 60 days of their removal.
Report of the Secretary-General. The Secretary-General informed the General Assembly in October 1992(32) that no reply had been received from Israel to his July request for information on steps it had taken or envisaged to implement the 1991 Assembly demand(33) that Israel rescind the illegal measure of deporting Palestinians and facilitate their immediate return.
GENERAL ASSEMBLY ACTION
On 14 December 1992, the General Assembly on the recommendation of the Special Political Committee, adopted resolution 47/70 E by recorded vote.
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, 673(1990) of 24 October 1990, 681(1990) of 20 December 1990, 694(1991) of 24 May 1991 and 726(1992) of 6 January 1992,
Recalling also the reports of the Secretary-General of 21 January 1988, 31 October 1990 and 9 April 1991, and taking note of the report of the Secretary-General of 23 October 1992,
Recalling further the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949, in particular article I 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 Convention to the occupied Palestinian territory, including Jerusalem, and other Arab territories occupied hy 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-eighth session, on the implementation of the present resolution.
General Assembly resolution 47/70 E
14 December 1992 Meeting 85 143-1-3 (recorded vote)
Approved by Special Political Committee (A/47/612) by recorded vote (118-1-4), 25 November (meeting 27); 11-nation draft (A/SPC/47/L.29); agenda item 74.
Sponsors: Afghanistan, Bangladesh. Brunei Darussalam, Comoros, Cuba, India, Indonesia, Madagascar, Malaysia, Pakistan, Zambia.
Meeting numbers. GA 47th session: SPC 24-27; plenary 85.
Recorded vote in Assembly as follows:
In favour: Afghanistan, Albania, Algeria, Angola, Antigua and Barbuda. Argentina, Australia, Austria, Azerbaijan, Bahrain, Bangladesh, Barbados, Belarus, Belgium, Belize, Benin, Bhutan, Bolivia, Bosnia and Herzegovina, Botswana, Brazil, Brunei Darussalam, Bulgaria, Burkina Faso, Cameroon, Canada, Central African Republic, Chad, Chile, China, Colombia, Comoros, Costa Rica, Cote d’Ivoire, Cuba, Cyprus, Czechoslovakia, Democratic People’s Republic of Korea, Denmark, Djibouti, Dominica, Ecuador, Egypt, El Salvador, Estonia, Ethiopia, Finland, France, Gabon, Gambia, Germany, Greece, Guatemala, Guinea-Bissau, Guyana, Haiti, Honduras, Hungary, Iceland, India, Indonesia, Iran, Ireland, Italy, Jamaica, Japan, Jordan, Kazakhstan, Kuwait, Lao People’s Democratic Republic, Latvia, Lebanon, Liberia, Libyan Arab Jamahiriya, Liechtenstein, Lithuania, Luxembourg, Madagascar, Malawi, Malaysia, Maldives, Mali, Malta, Marshall Islands, Mauritania, Mauritius, Mexico, Mongolia, Morocco, Mozambique, Myanmar, Namibia, Nepal, Netherlands, New Zealand, Niger, Nigeria, Norway, Oman, Pakistan, Panama, Paraguay, Peru, Philippines, Poland, Portugal, Qatar, Republic of Korea, Republic of Moldova, Romania, Rwanda Saint Lucia, Saint Vincent and the Grenadines, Samoa, Sao Tome and Principe, Saudi Arabia, Senegal, Sierra Leone, Singapore, Slovenia, Spain, Sri Lanka, Sudan, Suriname, Swaziland, Sweden, Syrian Arab Republic, Thailand, Togo, Trinidad and Tobago, Tunisia, Turkey, Ukraine, United Arab Emirates, United Kingdom, United Republic of Tanzania, Uruguay, Vanuatu, Venezuela, Viet Nam, Yemen, Zambia, Zimbabwe.
Against: Israel.
Abstaining: Micronesia, Russian Federation, United States.
Palestinian detainees
Report of the Committee on Israeli practices. The Committee on Israeli practices(14) noted serious shortcomings in the administration of justice, increasingly exercised by military courts, even in traffic offences. The number of Arab civilians in detention, administrative or otherwise, remained very high due to the policy of "quick justice". As Amnesty International reported in September 1991, more than 14,000 Palestinians had spent some time in administrative detention since the intifadah began.
Court proceedings were described as summary and arbitrary, denying basic legal safeguards, such as the right to a fair trial. Extracting confessions under duress was common practice. Family members of detainees were also arbitrarily detained so as to exert psychological pressure on them. Contact with legal counsel was not permitted during interrogation periods, which could last several months. Lawyers complained of difficulties in gaining access to their clients' files and of procedural obstacles during trial. In addition, relatives of arrested persons were systematically subjected to economic and psychological pressures, such as the denial or cancellation of work and travel permits. Lawyers and families were often not notified of the place of incarceration or of the transfer of prisoners from one detention centre to another.
The Committee was concerned by the severity of sentences imposed on the Arab population often disproportionate to the offence, in marked contrast with the leniency from which Israeli citizens benefited, even when charged with the killing or ill-treatment of Arab civilians, in flagrant violation of the fundamental right of equality before courts and tribunals. An additional grave deficiency was the practice of imposing dual punishment on Palestinians, who not only received harsh sentences but also had their houses demolished. Such measures of collective punishment, prohibited by the fourth Geneva Convention, also affected innocent family members or relatives.
The Committee noted a further deterioration in the treatment of prisoners, characterized by systematic torture and ill-treatment, both physical and psychological, such as food and sleep deprivation, being tied up in painful positions and confined to extremely reduced spaces. Such practices often resulted in severe injuries, permanent incapacitation or even death, as in the case of Mustapha al-Akawi, aged 35, who died on 4 February while under interrogation at Hebron Prison in the West Bank. Detained on 22 January, he was brought before the military court at Hebron at the request of the Israeli secret service, Shin Bet. Mr. al-Akawi complained of having been beaten during interrogation, showing the judge deep bruises on his arms and shoulders. Israeli authorities admitted subjecting him to standard treatment—beatings, sleep deprivation, forced postures, confinement to a tiny cell and exposure to extreme cold. A lawyer was not permitted to speak with him during his detention and court appearances. On 4 February, his father was summoned to the Jerusalem police station, where the lawyer telephoned Hebron Prison and learned of Mr. al-Akawi's death. No information on the cause of death was given.
A particularly disquieting development was the alleged use of electric shock during interrogation. The newspaper Hadashot (February 1991) quoted police sources as confirming the allegation to be substantially correct and that electric shock was in use at several prisons to extract information from stone-throwers. An ICRC press release of 21 May 1992 called for an immediate halt to the ill-treatment of detainees during interrogations, stressing that confessions obtained under duress precluded a fair trial.
Contrary to the fourth Geneva Convention, detainees continued to be held in prisons and detention centres inside Israel itself, such as Ketziot, in the Negev, in southern Israel, where conditions were said to be harsh throughout the year and where facilities, food, clothing and medical services were inadequate. Owing to insufficient food intake—only 1,400 calories daily—prisoners fell easy prey to disease. Many were reported to have died of deliberate medical negligence. Although Israel had ratified the 1984 Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment,(34) it had a record of detaining and torturing minors. Evidence indicated that even children aged 12 were arrested, beaten and tortured for several days on end.
Communications. In October, the Chairman of the Committee on Palestinian rights(35) and the Permanent Observer for Palestine(36) drew attention to press reports that, since 27 September, at least 3,000 Palestinian prisoners in the Israeli prisons at Jneid, Nablus, Ashkelon, Bir Saba' and Nafha had been on a hunger strike in protest against ill-treatment and deteriorating conditions of detention. The prisoners were demanding an end to long periods of solitary confinement and other arbitrary individual and collective punishments; the closure of special punishment dungeons; a reinstatement of adequate food rations; a halt to overcrowding; access to proper medical treatment; and an end to beatings and tear-gassing in the cells and to demeaning strip searches.
The Committee deplored that the Israeli authorities had so far refused to address these legitimate grievances, treating them as a security problem rather than as a human rights issue, and that support demonstrations had been suppressed with live ammunition and rubber bullets, resulting in at least 90 Palestinians shot and injured in the Gaza Strip. The Committee further stated that a PHRIC press release estimated the number of Palestinians currently detained or imprisoned at 12,500. Up to 1,000 more might be under short detention orders, although not registered with detention centres or police lock-ups.
The Observer reported(37) that, on 6 October, Israeli forces indiscriminately fired on Palestinian civilians in the Gaza Strip and West Bank and raided the ICRC office at Rafah, where a number of Palestinians had previously assembled in solidarity with the ongoing hunger strike. They also attacked other solidarity gatherings at Rafah with gunfire, gas bombs and other means, resulting in 108 casualties.
Report of the Secretary-General. The Secretary-General informed the General Assembly in October 1992(38) that Israel had not replied to his July request for information on steps taken or envisaged to implement an Assembly resolution of 1991(39) calling on Israel to release all Palestinians and other Arabs arbitrarily detained or imprisoned.
GENERAL ASSEMBLY ACTION
The General Assembly, acting on the recommendation of the Special Political Committee, adopted resolution 47/70 D by recorded vote on 14 December.
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, 44/48 D of 8 December 1989, 45/7/4 D of 11 December 1990 and 46/47 D of 9 December 1991,
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,
Recalling the reports of the Secretary-General of 21 January 1988 and 31 October 1990, and taking note of the report of the Secretary-General of 23 October 1992,
1. Deplores the arbitrary detention or imprisonment by Israel of thousands of Palestinians as a result of their resistance to 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-eighth session, on the implementation of the present resolution.
General Assembly resolution 47/70 D
14 December 1992 Meeting 85 142-2-2 (recorded vote)
Approved by Special Political Committee (A/47/612) by recorded vote (118-2-3), 25 November (meeting 27); 11-nation draft (A/SPC/47/L.28); agenda item 74.
Sponsors: Afghanistan, Bangladesh, Brunei Darussalam, Comoros, Cuba, India, Indonesia, Madagascar, Malaysia, Pakistan, Zambia.
Meeting numbers. GA 47th session: SPC 24-27; plenary 85.
Recorded vote in Assembly as follows:
In favour: Afghanistan, Albania, Algeria, Angola, Antigua and Barbuda. Argentina, Australia. Austria, Azerbaijan, Bahrain, Bangladesh, Barbados, Belarus, Belgium, Belize, Benin, Bhutan, Bolivia, Bosnia and Herzegovina, Botswana, Brazil, Brunei Darussalam, Bulgaria, Burkina Faso, Cameroon, Canada, Central African Republic, Chad, Chile, China, Colombia, Comoros, Costa Rica, Cote d’Ivoire, Cuba, Cyprus, Czechoslovakia, Democratic People's Republic of Korea, Denmark, Djibouti, Dominica, Ecuador, Egypt, El Salvador, Estonia, Ethiopia, Finland, France, Gabon, Gambia, Germany, Greece, Guatemala, Guinea-Bissau, Guyana, Haiti, Honduras, Hungary, Iceland, India, Indonesia, Iran, Ireland, Italy, Jamaica, Japan, Jordan, Kazakhstan, Kuwait, Lao People's Democratic Republic, Latvia, Lebanon, Liberia, Libyan Arab Jamahiriya, Liechtenstein, Lithuania, Luxembourg, Madagascar, Malawi, Malaysia, Maldives, Mali, Malta, Marshall Islands, Mauritania, Mauritius, Mexico, Mongolia, Morocco, Mozambique, Myanmar, Namibia, Nepal, Netherlands, New Zealand, Niger, Nigeria, Norway, Oman, Pakistan, Panama, Paraguay, Peru, Philippines, Poland, Portugal, Qatar, Republic of Korea, Republic of Moldova, Romania, Rwanda, Saint Lucia, Saint Vincent and the Grenadines, Samoa, Sao Tome and Principe, Saudi Arabia, Senegal, Sierra Leone, Singapore, Slovenia, Spain, Sri Lanka, Sudan, Suriname, Swaziland, Sweden, Syrian Arab Republic, Thailand, Togo, Trinidad and Tobago, Tunisia, Turkey, Ukraine, United Arab Emirates, United Kingdom, United Republic of Tanzania, Vanuatu, Venezuela, Viet Nam, Yemen, Zambia, Zimbabwe.
Against: Israel, United States.
Abstaining: Micronesia, Russian Federation.
Israeli measures against
educational institutions
Report of the Committee on Israeli practices. The Committee on Israeli practices noted in its October 1992 report(14) that freedom of education continued to be restricted by the frequent closure of academic institutions, some of which had remained closed since the beginning of the popular uprising. Those allowed to reopen were subjected to periodic closures. A case in point was Al-Najah (University at Nablus, sealed off by the army on 14 July on suspicion that armed fugitives were on the premises. As a result, approximately 2,000 students, professors, employees and several children found themselves confined to the campus for days. A curfew imposed on the town at the same time affected its almost 150,000 inhabitants. The long-term effects of closures and curfews had led to a dramatic decline in the once high academic standards and educational level of the Palestinians. Restrictions on movement curtailed one's choice of schools, as in the case of students from Gaza who wanted to study in the West Bank but needed permission to do so from its military governor.
The Committee was informed of severe shortages of classrooms and teaching materials and of restrictions on the importation of books, even of books in use at Israeli university libraries. An additional difficulty that Palestinian students faced was that diplomas awarded by universities subjected to official closures, based on academic requirements fulfilled outside their premises, were not recognized by Israeli authorities; consequently, students holding such diplomas were unable to find employment. Although regarded illegal by the Israeli military authorities, almost all universities had begun off-campus teaching to maintain a connection between students and teachers and some semblance of a university.
Report of the Secretary-General. The Secretary-General informed the General Assembly in October 1992(40) that no reply had been received from Israel to his July request for information on steps it had taken or envisaged to implement the 1991 Assembly demand(41) that it rescind all actions and measures against educational institutions, ensure their freedom and refrain from hindering their effective operation.
GENERAL ASSEMBLY ACTION
On 14 December 1992, on the recommendation of the Special Political Committee, the General Assembly adopted resolution 47/70 G by recorded vote.
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 about 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, 673(1990) of 24 October 1990 and 681(1990) of 20 December 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, 44/48 G of 8 December 1989, 45/74 G of 11 December 1990 and 46/47 G of 9 December 1991,
Recalling further the reports of the Secretary-General of 21 January 1988, 31 October 1990 and 9 April 1991, and taking note of the report of the Secretary-General of 23 October 1992,
Taking note 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 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-eighth session, on the implementation of the present resolution.
General Assembly resolution 47/70 G
14 December 1992 Meeting 85 143-2-4 (recorded vote)
Approved by Special Political Committee (A/47/612) by recorded vote (116-2-5), 25 November (meeting 27); 10-nation draft (A/SPC/47/L.31); agenda item 74.
Sponsors: Afghanistan, Bangladesh, Brunei Darussalam, Comoros, Cuba, Indonesia, Madagascar, Malaysia, Pakistan, Zambia.
Meeting numbers. GA 47th session: SPC 24-27; plenary 85.
Recorded vote in Assembly as follows:
In favour: Afghanistan, Albania, Algeria, Angola, Antigua and Barbuda, Argentina, Australia, Austria, Azerbaijan, Bahrain, Bangladesh, Barbados, Belarus, Belgium, Belize, Benin, Bhutan, Bolivia, Bosnia and Herzegovina, Botswana, Brazil, Brunei Darussalam, Bulgaria, Burkina Faso, Cameroon, Central African Republic, Chad, Chile, China, Colombia. Comoros, Costa Rica, Cuba, Cyprus, Czechoslovakia, Democratic People’s Republic of Korea, Denmark, Djibouti, Dominica, Ecuador, Egypt, El Salvador, Estonia, Ethiopia, Finland, France, Gabon, Gambia, Germany, Greece, Guatemala, Guinea-Bissau, Guyana, Haiti, Honduras, Hungary, Iceland, India, Indonesia, Iran, Iraq, Ireland, Italy, Jamaica, Japan, Jordan, Kazakhstan, Kuwait, Lao People's Democratic Republic, Latvia, Lebanon, Liberia, Libyan Arab Jamahiriya, Liechtenstein, Lithuania, Luxembourg, Madagascar, Malawi, Malaysia, Maldives, Mali, Malta, Marshall Islands, Mauritania, Mautirius, Mexico, Mongolia, Morocco, Mozambique, Myanmar, Namibia, Nepal, Netherlands, New Zealand, Niger, Nigeria, Norway, Oman, Pakistan, Panama, Paraguay, Peru, Philippines, Poland, Portugal, Qatar, Republic of Korea, Republic of Moldova, Romania, Rwanda, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Samoa, Sao Tome and Principe, Saudi Arabia, Senegal, Sierra Leone, Singapore, Slovenia, Spain, Sri Lanka, Sudan, Suriname, Swaziland, Sweden, Syrian Arab Republic, Thailand, Togo, Trinidad and Tobago, Tunisia, Turkey, Ukraine, United Arab Emirates, United Kingdom, United Republic of Tanzania, Uruguay, Vanuatu, Venezuela, Viet Nam, Yemen, Zambia, Zimbabwe.
Against: Israel, United States.
Abstaining: Canada, Côte d’Ivoire, Micronesia, Russian Federation.
Golan Heights
Report of the Committee on Israeli practices. The October 1992 report of the Committee on Israeli practices(14) included information on the policies and practices pursued by Israel in the occupied Syrian Golan, as provided by the Syrian Arab Republic. The report cited the Jerusalem Post of 15 July, which carried an item on "security" settlements to be established in the Golan Heights and the Jordan Valley, contrary to changes in the settlements policy announced by the newly elected Israeli Government. Land in the region of Buq'ata village was reported to have recently been confiscated, on which military outposts were set up, thus excluding it from grazing. Land was further expropriated from the remaining Syrian Arab villages of Al-Fajr, Ayn Qunyah, Maidal Shams and Mastadah.
Other practices mentioned included: the continual reduction of irrigation water for Golan Arabs owing to its diversion to farmlands in Jewish settlements; restrictions on digging new wells; the uprooting of fruit trees and saplings of landowners who had not obtained permits from the so-called Israel Land Administration; setting fire to Arab orchards and wooded areas surrounding Arab villages; burning grazing areas and planting mines around them; levying high property and income taxes; replacing Syrian Arab educational curricula with one hostile to the population's national and spiritual heritage; restrictions on travel out of the Golan for medical treatment; and the use of force to quell demonstrations and resistance to Israeli occupation.
Report of the Secretary-General. In October 1992,(42) the Secretary-General informed the General Assembly that no reply had been received from Israel to his July request for information on steps it had taken or envisaged to implement the 1991 Assembly call(43) on Israel to desist from repressive measures against the Golan population.
GENERAL ASSEMBLY ACTION
On 14 December, the General Assembly, on the Special Political Committee's recommendation, adopted resolution 47/70 F by recorded vote.
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, 44/48 F of 8 December 1989, 45/74 F of 11 December 1990 and 46/47 F of 9 December 1991,
Having considered the report of the Secretary-General of 23 October 1992,
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 E 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 occupied Syrian 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 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 decisions;
2. Condemns the persistence of Israel in changing the physical character, demographic composition, institutional structure and legal status of the occupied Syrian 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 occupied Syrian 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 Golan, and calls upon it to desist from its repressive measures against the population of the occupied Syrian Golan;
5. Deplores the violations by Israel of the 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-eighth session on the implementation of the present resolution.
General Assembly resolution 47/70 F
14 December 1992 Meeting 85 142-1-4 (recorded vote)
Approved by Special Political Committee (A/47/612) by recorded vote (116-1-5), 25 November (meeting 27); 9-nation draft (A/SPC/47/L.30); agenda item 74.
Sponsors: Afghanistan, Bangladesh, Brunei Darussalam, Comoros, Cuba, Indonesia, Madagascar, Malaysia, Pakistan.
Meeting numbers. GA 47th session: SPC 24-27; plenary 85.
Recorded vote in Assembly as follows:
In favour: Afghanistan, Albania, Algeria, Angola, Antigua and Barbuda, Argentina, Australia, Austria, Azerbaijan, Bahrain, Bangladesh, Barbados Belarus, Belgium, Belize, Benin, Bhutan, Bolivia, Bosnia and Herzegovina, Botswana, Brazil, Brunei Darussalam, Bulgaria, Burkina Faso, Cameroon Canada, Central African Republic, Chad, Chile, China, Colombia, Comoros, Costa Rica, Cuba, Cyprus, Czechoslovakia, Democratic People's Republic of Korea, Denmark, Djibouti, Dominica, Ecuador, Egypt, El Salvador, Estonia, Ethiopia, Finland, France, Gabon, Gambia, Germany, Greece, Guatemala, Guinea-Bissau, Guyana, Haiti, Honduras, Hungary, Iceland, India, Indonesia, Iran, Ireland, Italy, Jamaica, Japan, Jordan, Kazakhstan, Kuwait, Lao People's Democratic Republic, Latvia, Lebanon, Liberia, Libyan Arab Jamahiriya, Liechtenstein, Lithuania, Luxembourg, Madagascar, Malaysia, Maldives, Mali, Malta, Marshall Islands, Mauritania, Mauritius, Mexico, Mongolia, Morocco, Mozambique, Myanmar, Namibia, Nepal, Netherlands, New Zealand, Niger, Nigeria, Norway, Oman, Pakistan, Panama, Paraguay, Peru, Philippines, Poland, Portugal, Qatar, Republic of Korea, Republic of Moldova, Romania, Rwanda, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Samoa, Sao Tome and Principe, Saudi Arabia, Senegal, Sierra Leone, Singapore, Slovenia, Spain, Sri Lanka, Sudan, Suriname, Swaziland, Sweden, Syrian Arab Republic, Thailand, Togo, Trinidad and Tobago, Tunisia, Turkey, Ukraine, United Arab Emirates, United Kingdom, United Republic of Tanzania, Uruguay, Vanuatu, Venezuela, Viet Nam, Yemen, Zambia, Zimbabwe.
Against: Israel.
Abstaining: Côte d’Ivoire, Micronesia, Russian Federation, United States.
Human Rights Commission action. The Commission on Human Rights, on 14 February, adopted a resolution by which it determined that all legislative and administrative measures and actions taken or to be taken by Israel, purporting to alter the character and legal status of the Syrian Golan, were null and void, constituted a flagrant violation of international law and the fourth Geneva Convention, and had no legal effect.(44) (See also PART THREE, Chapter X.)
Israeli settlements
Report of the Committee on Israeli practices. In its October 1992 report,(14) the Committee on Israeli practices observed that, from the information before it, Israeli settlement activities had intensified through land expropriation and the transfer of Israeli citizens to the occupied territories, particularly of recent Jewish immigrants from Eastern Europe and the former USSR. These and related practices to induce Palestinian and other Arab population to leave their homeland (diversion of water resources, destruction of fields, uprooting of fruit trees, expropriation of grazing land and closing other land areas as military zones, and excessive use of environmentally harmful pesticides and other chemicals) indicated a clear intent to modify the territories' demographic composition. Settlements were often built between Arab villages cutting off contact among them. Newly built roads and highways linked the settlements but bypassed Palestinian towns and villages.
The Committee cited press reports to show the direction of Israel's settlements policy. Two reports noted the quadrupling in 1991 of building starts in the territories Ha’aretz and Jerusalem Post, 6 April), and the transfer of some $10.5 million earmarked for roads under the Ministry of Housing's regular budget to a parallel budget for road construction specifically for security reasons (Ha’aretz, 6 May). Announcements were made of the imminent launching of a major campaign to attract more settlers to the Golan Heights, following declarations by the outgoing Prime Minister and the incoming one that Israel would keep the Golan for its strategic importance (Jerusalem Post, 18 June); and of the possible establishment of new "security" settlements in the Golan Heights and the Jordan Valley, defined as border settlements directly connected with warding off attacks and whose residents were organized to defend the sector (Jerusalem Post, 15 July).
On the other hand, Prime Minister Yitzhak Rabin was reported as having proposed a shift away from budget allocations for settlements, but ruled out a complete freeze, and as making a clear distinction between "political" and "security" settlements (Jerusalem Post, 25 June). The Government was reported to have imposed a de facto freeze on all new public housing construction and on all unsigned building contracts throughout the country, including the West Bank and the Gaza Strip (Ha'aretz, 16 July; Jerusalem Post, 17 July). The new cabinet, at its first session in July, voted to carry out previously approved settlement projects only upon their reapproval by the new Government (Jerusalem Post, 20 July; Ha'aretz, 21 July). The Ministers of Finance and Housing ordered the cancellation of construction work on nearly 7,000 new housing units in the territories and on a dozen highways (Ha’aretz, Jerusalem Post, 24 July); and the Prime Minister gave final approval to a plan calling a halt to the construction of 5,364 houses in the territories and of 6,617 units planned to be built inside the Green Line (Jerusalem Post, 28 July).
Meanwhile, numerous cases of harassment and violence involving Israeli settlers continued to be reported. On several occasions, settlers raided villages and refugee camps, attacking the inhabitants, destroying their property and uprooting trees, with the Israeli armed forces often unable to control such outbursts of aggression.
Report of the Secretary-General. The Secretary-General informed the General Assembly in October 1992(45) that no reply had been received from Israel to his July request for information on steps it had taken or envisaged to implement the 1991 Assembly demand(46) that it desist from taking any action that would result in changing the legal status, geographical nature or demographic composition of the territories.
GENERAL ASSEMBLY ACTION
On 14 December 1992, the General Assembly on the basis of the Special Political Committee's recommendation, adopted resolution 47/70 C by recorded vote.
The General Assembly,
Recalling Security Council resolutions 465(1980) of March 1980, 605(1987) of 22 December 1987, 672(1990) of 12 October 1990, 673(1990) of 24 October 1990, 681(1990) of 20 December 1990 and 726(1992) of 6 January 1992,
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, 44/48 C of 8 December 1989, 45/74 C of 11 December 1990 and 46/47 C of 9 December 1991,
Expressing grave anxiety and concern about 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,
Recalling the reports of the Secretary-General of 21 January 1988, 31 October 1990 and 9 April 1991, and taking note of the report of the Secretary-General of 23 October 1992,
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 of international law and the provisions of the said 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 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-eighth session on the implementation of the present resolution.
General Assembly resolution 47/70 C
14 December 1992 Meeting 85 143-1-3 (recorded vote)
Approved by Special Political Committee (A/47/612) by recorded vote (119-1-3), 25 November (meeting 27); 11-nation draft (A/SPC/47/L.27); agenda item 74.
Sponsors: Afghanistan, Bangladesh, Brunei Darussalam, Comoros, Cuba, India, Indonesia, Madagascar, Malaysia, Pakistan, Zambia.
Meeting numbers. GA 47th session: SPC 24-27; plenary 85.
Recorded vote in Assembly as follows:
In favour: Afghanistan, Albania, Algeria, Angola, Antigua and Barbuda, Argentina, Australia, Austria, Azerbaijan, Bahrain, Bangladesh, Barbados, Belarus, Belgium, Belize, Benin, Bhutan, Bolivia, Bosnia and Herzegovina, Botswana, Brazil, Brunei Darussalam, Bulgaria, Burkina Faso, Cameroon, Canada, Central African Republic, Chad, Chile, China, Colombia, Comoros, Costa Rica, Côte d’Ivoire, Cuba, Cyprus, Czechoslovakia, Democratic People's Republic of Korea, Denmark, Djibouti, Dominica, Ecuador, Egypt, El Salvador, Estonia, Ethiopia, Finland, France, Gabon, Gambia, Germany, Greece, Guatemala, Guinea-Bissau, Guyana, Haiti, Honduras, Hungary, Iceland, India, Indonesia, Iran, Ireland, Italy, Jamaica, Japan, Jordan, Kazakhstan, Kuwait, Lao People's Democratic Republic, Latvia, Lebanon, Liberia, Libyan Arab Jamahiriya, Liechtenstein, Lithuania, Luxembourg, Madagascar, Malawi, Malaysia, Maldives, Mali, Malta, Marshall Islands, Mauritania, Mauritius, Mexico, Mongolia, Morocco, Mozambique, Myanmar, Namibia, Nepal, Netherlands, New Zealand, Niger, Nigeria, Norway, Oman, Pakistan, Panama, Paraguay, Peru, Philippines, Poland, Portugal, Qatar, Republic of Korea, Republic of Moldova, Romania, Rwanda, Saint Lucia, Saint Vincent and the Grenadines, Samoa, Sao Tome and Principe, Saudi Arabia, Senegal, Sierra Leone, Singapore, Slovenia, Spain, Sri Lanka, Sudan, Suriname, Swaziland, Sweden, Syrian Arab Republic, Thailand, Togo, Trinidad and Tobago, Tunisia, Turkey, Ukraine, United Arab Emirates, United Kingdom, United Republic of Tanzania, Uruguay, Vanuatu, Venezuela, Viet Nam, Yemen, Zambia, Zimbabwe.
Against: Israel.
Abstaining: Micronesia, Russian Federation, United States.
Human Rights Commission action. The Commission on Human Rights on 14 February,(47) reaffirmed that the installation of Israeli civilians in the occupied territories was illegal and constituted a violation of the fourth Geneva Convention; it urged Israel to abstain from installing settlers, including immigrants, in the occupied territories. (See also PART THREE, Chapter X.)
Economic and social repercussions
of Israeli settlements
In a report of July 1992,(48) the Secretary-General summarized the economic and social consequences of the establishment of settlements by Israel in the Palestinian territory, including Jerusalem, and the Syrian Golan. Prepared in response to a General Assembly request of 1991,(49) it was submitted to the Assembly through the Economic and Social Council.
According to the report, the establishment of settlements had accelerated since the beginning of 1991. Massive Jewish immigration to Israel from the Commonwealth of Independent States, Eastern Europe and Ethiopia (about 200,000 in 1990 and another 200,000 in 1991) led to unprecedented housing construction in the West Bank, including East Jerusalem, the Gaza Strip and the Syrian Golan. In 1991, 5,565 mobile and prefabricated homes were installed. Under a long-term plan, a ring of new housing was to be built in the Jerusalem, Jericho and Nablus areas in the West Bank, and at Tulkarim in the Gaza Strip. By September 1991, there were about 19,000 units at various stages of construction.
Rising prices and a tight housing market in Israel on the one hand, and government financial and tax incentives, concessionary loans and free infrastructure on the other, led many Israelis to move to settlements in the occupied territories. The Council of Jewish Communities launched a major campaign in April 1992 to encourage tens of thousands of Jews to move to houses currently under construction in the territories, with the aim of settling 70,000 persons within a year.
The indigenous Arab community in the occupied territories—governed by a civil administration under the authority of the Israeli Ministry of Defence and subject to specific legislation—developed separately from the newly established Jewish Israeli community. This dual legal and administrative system applicable to the two peoples was highlighted in a 1990 report on human rights practices by the United States Department of State. It emphasized that Palestinians—both Muslim and Christian—were treated less favourably than Israeli settlers on a broad range of issues, including equality before the law, right to residence, freedom of movement, sale of crops and goods, land and water use, and access to health and social services.
The Palestinian human rights organization Al-Haq pointed out that the benefits and subsidies granted to settlers were components of a situation in which 65 per cent of the Arab lands in the West Bank were illegally confiscated by the authorities, and where Palestinian towns and villages were encircled and isolated by settlement developments. There were no urban or rural development projects for the improvement or expansion of Palestinian agglomerations.
Apart from being subject to continued expropriation, Arab land was also subject to restrictions under a specific military order, applicable where the land surrounded settlements, camps, military installations or access routes to settlements. In some areas, fertile Palestinian land had been sacrificed to secure access routes, as in the case of many vineyards between Bethlehem and Hebron. Land confiscated between June 1967 and the end of 1990 through the application of Israeli laws and regulations totalled as follows: 2,895,642 dunums (52.6 per cent) in the occupied West Bank, 153,475 dunums (42.3 per cent) in the Gaza Strip, and 69.4 per cent of the land area of the Syrian Golan. In January 1992, Israel's Ministry of Finance put the number of Jewish settlers at 130,000 in the West Bank, at 120,000 in East Jerusalem, at between 4,000 and 5,000 in the Gaza Strip and at more than 13,000 in the Syrian Golan, making a total of some 268,000 settlers in the occupied territories. The number of settlements was estimated at 194—136 in the West Bank, 33 in the Syrian Golan, 17 in the Gaza Strip and 8 in East Jerusalem.
The report noted that the development of Jewish settlements had worsened the socio-economic conditions of the Palestinians and was a source of tension. Clashes between the two communities occurred with increasing frequency, the Israeli settlers having organized themselves into an armed militia. It cited an UNCTAD study(50) indicating that Israeli policy and practices in the West Bank and the Gaza Strip had brought about radical changes in the structure of the economy that adversely affected economic growth and development and reduced Palestinian contribution to the gross domestic product. The study found that the total cultivated area decreased in the West Bank from 36 per cent in 1966 to 27 per cent in 1984, and, in the Gaza Strip, from 55 per cent in 1966 to 28 per cent in 1985.
Land confiscation in both territories meant an inevitable decline in agricultural production, and hence a decline in agricultural income: in the West Bank, from $237 million in 1981 to $204 million in 1985, and, in the Gaza Strip, from $66 million to 561 million in the same period, the increased use of modern agricultural technologies notwithstanding. Agricultural employment likewise fell in both territories, from 38.7 per cent of the total workforce in 1970 to 24.4 per cent in 1985.
Also cited was a 1990 ILO report, according to which endogenous development efforts were frequently frustrated or undone for administrative or security reasons. Thousands of workers had left because they or their employers had lost their land or could not expand for lack of water, or because they could not compete in the home market with subsidized imports from Israel; or because they encountered barriers to buying farm inputs or to selling their products abroad. Land confiscation and restrictions on water resources meant that a large proportion of the population normally earning a living by traditional agriculture gradually began seeking employment in Israel as unskilled workers because of a lack of alternative jobs in the territories. That appeared to be partially responsible for the territories' economic dependence on Israel. particularly for agricultural produce.
As to water resources, Israel had issued a series of orders to guarantee its complete monopoly and control over those resources, with respect to water transfer, extraction, consumption, sales and distribution, use, water sharing and rationing, well drilling and construction of water installations. Arab inhabitants of the Syrian Golan were forced to demolish some of their own reservoirs the Israeli army had dynamited a number of others. Only three or four reservoirs, out of some 400 in existence in the Golan, were currently authorized for use. Restrictions on water use were such that the permits granted were for drilling wells not exceeding 60 metres and for domestic purposes only, while Israeli settlers were allowed to drill to depths of up to 500 metres. Several hundred Arab-owned water pumps in the Jordan Valley were destroyed for security reasons, as were irrigation canals supplying water to Arab farms in the Al-Jiftlik area. Ram Lake, the largest body of water in the Syrian Golan, was seized by Israeli authorities and its water diverted to serve agricultural and industrial projects in Israeli settlements; consequently, Golan villages suffered a critical shortfall in drinking and irrigation water.
The report described the consequences of Israeli water policies and practices thus: a state of conflict and competition over land and water resources prevailed—such as that between Israeli settlements in the Jordan Valley and the Arab villages of the West Bank—with adverse impact on the living conditions of Palestinians. Of estimated usable groundwater reserves of 600 million cubic metres per year in the West Bank, approximately 500 million cubic metres were being pumped by the Israeli occupation authorities, leaving only 100 million cubic metres, or 16.6 per cent of the total water available, for West Bank use. The deep wells drilled by Israeli authorities reduced the water level in Arab wells, in turn reducing productive capacity and gradually drying up those wells and agricultural lands dependent on them for irrigation. Over-exploitation of groundwater in the Gaza Strip and the dramatic increase in water consumption by Israeli settlers had increased salinity through seawater intrusion so that about 50 per cent of the Gaza wells had become unfit for human use and most of them unfit for irrigation. As in the West Bank and Gaza Strip, Israel's arbitrary practices in land confiscation and control of water resources in the Syrian Golan had reduced the area under cultivation, curtailed local development and lowered income from agriculture.
ECONOMIC AND SOCIAL COUNCIL ACTION
On 31 July 1992, the Economic and Social Council, on the recommendation of its Economic Committee, adopted resolution 1992/57 by recorded vote.
Economic and social repercussions of the Israeli
settlements on the Palestinian people in the
Palestinian territory, including Jerusalem,
occupied since 1967, and on the Arab population
of the Syrian Golan
The Economic and Social Council,
Recalling General Assembly resolution 46/199 of 20 December 1991,
Guided by the principles of the Charter of the United Nations, and affirming the inadmissibility of the acquisition of territory by force and Security Council resolutions 242(1967) of 92 November 1967 and 497(1981) of 17 December 1981,
Recalling also Security Council resolution 465(1980) of 1 March 1980 and other resolutions affirming 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,
Expressing its concern at the establishment by Israel, the occupying Power, of settlements in the occupied Palestinian territory and other Arab territories occupied since 1967, including the settlements of new immigrants therein,
1. Takes note of the report of the Secretary-General;
2. Deplores the establishment of settlements by Israel in the Palestinian territory, including Jerusalem, and the other Arab territories occupied since 1967, and regards the settlements as unlawful and without any legal effect;
3. Recognizes the economic and social repercussions of the Israeli settlements on the Palestinian people in the Palestinian territory, including Jerusalem, occupied by Israel since 1967, and on the Arab population of the Syrian Golan;
4. Strongly deplores Israel's practices in the occupied Palestinian territory and other Arab territories occupied since 1967, in particular its confiscation of land, its appropriation of water resources, its depletion of other economic resources and its displacement and deportation of the population of those territories;
5. Reaffirms the inalienable right of the Palestinian people and the population of the Syrian Golan to their natural and all other economic resources, and regards any infringement thereof as being without any legal validity;
6. Requests the Secretary-General to submit to the General Assembly at its forty-eighth session, through the Economic and Social Council, a report on the progress made in the implementation of the present resolution.
Economic and Social Council resolution 1992/57
31 July 1992 Meeting 42 47-2-2 (recorded vote)
Approved by Economic Committee (E/1992/110) by recorded vote (47-2-3), 28 July (meeting 16); 12 nation draft (E/1992/C.1/L.9), orally amended by Vice Chairman; agenda item 13.
Sponsors: Algeria, Bahrain, Egypt, Iraq, Jordan, Lebanon, Libyan Arab Jamahiriya, Mauritania, Morocco, Syrian Arab Republic, Tunisia, Yemen.
Recorded vote in Council as follows:
In favour: Algeria, Angola, Argentina, Australia, Austria, Bahrain, Bangladesh, Belarus, Belgium, Benin, Botswana, Brazil, Bulgaria, Burkina Faso, Chile, China, Colombia, Ecuador, Ethiopia, Finland, France, Germany, Guinea, India, Iran, Italy, Jamaica, Kuwait, Madagascar, Malaysia, Mexico, Morocco, Pakistan, Peru, Philippines, Poland, Romania, Rwanda, Somalia, Spain, Suriname, Sweden, Togo, Trinidad and Tobago, Turkey, United Kingdom, Yugoslavia.
Against: Russian Federation, United States.
Abstaining: Canada, Japan.
GENERAL ASSEMBLY ACTION
On 22 December 1992, the General Assembly acting on the recommendation of the Second Committee, adopted resolution 47/172 by recorded vote.
Economic and social repercussions of the Israeli
settlements on the Palestinian people in the
Palestinian territory, including Jerusalem,
occupied since 1967, and on the Arab population
of the Syrian Golan
The General Assembly,
Taking note of Economic and Social Council resolution 1992/57 of 31 July 1992,
Recalling its resolution 46/199 of 20 December 1991,
Guided by the principles of the Charter of the United Nations, affirming the inadmissibility of the acquisition of territory by force and recalling Security Council resolutions 242(1967) of 22 November 1967 and 497(1981) of 17 December 1981,
Recalling also Security Council resolution 465(1980) of 1 March 1980 and other resolutions affirming 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,
Expressing its concern at the establishment by Israel, the occupying Power, of settlements in the occupied Palestinian territory and other Arab territories occupied since 1967, including the settlements of new immigrants therein,
Welcoming the Middle East peace process started at Madrid on 30 October 1991 and recognizing that a complete freeze of settlement activity would significantly enhance the prospects for progress in this process,
1. Takes note of the report of the Secretary-General;
2. Deplores the establishment of settlements by Israel in the Palestinian territory, including Jerusalem, and other Arab territories occupied since 1967, and regards the settlements as illegal and an obstacle to peace;
3. Recognizes the economic and social repercussions of the Israeli settlements on the Palestinian people in the Palestinian territory, including Jerusalem, occupied by Israel since 1967, and on the Arab population of the Syrian Golan;
4. Strongly deplores Israel's practices in the occupied Palestinian territory and other Arab territories occupied since 1967, in particular its confiscation of land, its appropriation of water resources, its depletion of other economic resources and its displacement and deportation of the population of those territories;
5. Reaffirms the inalienable right of the Palestinian people and the population of the Syrian Golan to their natural and all other economic resources, and regards any infringement thereof as being without any legal validity;
6. Requests the Secretary-General to submit to the General Assembly at its forty-eighth session, through the Economic and Social Council, a report on the progress made in the implementation of the present resolution.
General Assembly resolution 47/172
22 December 1992 Meeting 93 150-3-5 (recorded vote)
Approved by Second Committee (A/47/717/Add.1) by recorded vote (101-3-5), 11 December (meeting 50); 20-nation draft (A/C.2/47/L.29/Rev.1); agenda item 12.
Sponsors: Afghanistan, Algeria, Cuba, Djibouti, Egypt, Indonesia, Iraq, Jordan, Kuwait, Lebanon, Libyan Arab Jamahiriya, Malaysia, Mauritania, Morocco, Pakistan, Saudi Arabia, Syrian Arab Republic, Tunisia, United Arab Emirates, Yemen.
Meeting numbers. GA 47th session 2nd Committee 34-37, 40, 42, 43, 50; plenary 93.
Recorded vote in Assembly as follows:
In favour: Afghanistan, Algeria, Angola, Antigua and Barbuda, Australia, Austria, Azerbaijan, Bahamas, Bahrain, Bangladesh, Barbados, Belarus, Belgium, Belize, Benin, Bhutan, Bolivia, Bosnia and Herzegovina, Botswana, Brazil, Brunei Darussalam, Bulgaria, Burkina Faso, Burundi, Cameroon, Canada, Cape Verde, Chad, Chile, China, Colombia, Comoros, Costa Rica, Cuba, Cyprus, Czechoslovakia, Democratic People's Republic of Korea, Denmark, Djibouti, Dominica, Ecuador, Egypt, Estonia, Ethiopia, Fiji, Finland, Francs, Gabon, Gambia, Germany, Ghana, Greece, Guatemala, Guinea, Guinea-Bissau, Guyana, Haiti, Honduras, Hungary, Iceland, India, Indonesia, Iran, Iraq, Ireland, Italy, Jamaica, Japan, Jordan, Kazakhstan, Kenya, Kuwait, Kyrgyzstan, Lao People's Democratic Republic, Latvia, Lebanon, Lesotho, Liberia, Libyan Arab Jamahiriya, Liechtenstein, Lithuania, Luxembourg, Madagascar, Malawi, Malaysia, Maldives, Mali, Malta, Mauritania, Mauritius, Mexico, Mongolia, Morocco, Mozambique, Myanmar, Namibia, Nepal, Netherlands, New Zealand, Nicaragua, Niger, Norway, Oman, Pakistan, Panama, Papua New Guinea, Paraguay, Peru, Philippines, Poland, Portugal, Qatar, Republic of Korea, Republic of Moldova, Romania, Rwanda, Saint Lucia, Saint Vincent and the Grenadines, Sao Tome and Principe, Saudi Arabia, Senegal, Sierra Leone, Singapore,Slovenia, Spain, Sri Lanka, Sudan, Suriname, Swaziland, Sweden, Syrian Arab Republic, Tajikistan. Thailand, Togo, Trinidad and Tobago, Tunisia, Turkey, Turkmenistan, Uganda, Ukraine, United Arab Emirates,United Kingdom, United Republic of Tanzania, Vanuatu, Venezuela, Viet Nam, Yemen, aire, Zambia, Zimbabwe.
Against: Israel, Micronesia, United States.
Abstaining: Croatia, Marshall Islands, Russian Federation, Samoa, Uruguay.
REFERENCES
(1)A/47/123-S/23721. (2)A/47/129-S/23740. (3)A/47/139-S/23770. (4)A/46/896-S/23782. (5)S/23790. (6)S/23781. (7)GA res. 43/177, 15 Dec. 1988. (8)S/23783. (9)S/19443. (10)S/21919 & Corr.1. (11)YUN 1991, p. 251. (12)A/47/76. (13)A/47/262. (34)A/47/509. (15)YUN 1991, p. 221. (16)YUN 1987, pp. 253 & 306. (17)A/47/545 (18)YUN 1991, p. 252, GA res. 46/47 A, 9 Dec. 1991. (19)E/1992/22 (res. 1992/2 A & B). (20)A/47/546. (21)YUN 1991, p. 257, GA res. 46/47 B, 9 Dec. 1991. (22)S/23373. (23)A/46/836-S/23369. (24)A/46/837- S/23374. (25)YUN 1991 p. 259. (26)A/47/793-S/24974. (27)A/47/805-S/24983. (28)S/24980. (29)S/24979. (30)A/47/829-S/24997. (31)A/47/844-S/25017. (32)A/47/549. (33)YUN 1991, p. 260, GA res. 46/47 E, 9 Dec. 1991. (34)YUN 1984, p. 813, GA res. 39/46, annex, 10 Dec. 1984. (35)A/47/522-S/24648. (36)A/47/526-S/24659. (37)A/47/507-S/24630. (38)A/47/548. (39)YUN 1991, p. 259, GA res. 46/47 D, 9 Dec. 1991. (40)A/47/551. (41)YUN 1991, p. 261, GA res. 46/47 G, 9 Dec. 1991. (42)A/47/550. (43)YUN 1991, p. 262, GA res. 46/47 F, 9 Dec. 1991. (44)E/1992/22 (res. 1992/1). (45)A/47/547. (46)YUN 1991 p. 264, GA res. 46/47 C, 9 Dec. 1991. (47)E/1992/22 (res. 1992/3). (48)A/47/294-E/1992/84. (49)YUN 1991, p. 267, GA res. 46/199, 20 Dec. 1991. (50)TD/B/1142.
__________________
Palestine refugees
__________________
The number of Palestine refugees registered with the United Nations Relief and Works Agency for Palestine Refugees in the Near East, as at 30 June 1992, was 2,648,707.(1) They lived in and outside camps in the Israeli-occupied West Bank (459,147) and Gaza Strip (560,207), Jordan (1,010,719), Lebanon (319,427) and the Syrian Arab Republic (299,207). UNRWA noted, however, that the refugees present in those five areas almost certainly numbered less than the population recorded. By the end of 1992, UNRWA put the total number of refugees at 2.73 million.
The various aspects of the Palestine refugee problem, as well as the activities of UNRWA, were addressed by the General Assembly through 11 resolutions adopted in December on: assistance to Palestine refugees (47/69 A) and to displaced persons (47/69 C); the Working Group on the Financing of UNRWA (47/69 B); scholarships for higher education and vocational training (47/69 D); refugees in Israeli-occupied territory (47/69 E); resumption of the ration distribution to Palestine refugees (47/69 F), return of displaced population and refugees (47/69 G); revenues from refugees' properties (47/69 H); refugee protection (47/69 b; proposed University of Jerusalem "Al-Quds" for Palestine refugees (47/69 J); and protection of Palestinian students and educational institutions and safeguarding of UNRWA facilities (47/69 K).
UN Agency for Palestine refugees
In 1992, UNRWA continued to provide a wide-ranging programme of education, health, relief and social services for the Palestine refugees in the five areas of UNRWA operation. In addition, it undertook extraordinary measures of assistance for Lebanon and the occupied territories. Details of this assistance were contained in the Commissioner-General's report covering the period 1 July 1991 to 30 June 1992.(1)
The education programme, UNRWA's largest activity, served a total of 374,406 elementary and preparatory pupils during the reporting period, 8,800 more than in the previous year. Vocational training, encompassing two-year post-preparatory trade courses and post-secondary technical and teacher-training courses, increased to 5,202 training places, from 5,146 in the preceding period, as did university scholarships, to 661 from 641. The programme followed the host Governments' curricula, in close cooperation with UNESCO, which seconded 14 of its senior staff to UNRWA. Some 9,750 Palestine refugee pupils who returned in 1991 from Kuwait and other Gulf States were absorbed by UNRWA schools, mostly in Jordan (6,200) and Gaza (1,300). The schools in Gaza absorbed another 2,000 pupils originally expected to attend government schools.
As a result of school closures in the occupied territories, due to military orders, curfews and general strikes, the Agency's 98 schools in the West Bank lost 17 per cent of school days, while its 153 schools in the Gaza Strip lost 12 per cent. Its four training centres lost 20 per cent of training days. To compensate for lost days, UNRWA developed self-learning and audiovisual materials for distance education.
The 197 UNRWA schools in Jordan, serving 140,000 pupils, as well as the two training centres, operated normally. The 77 schools in Lebanon, attended by a total of 34,400 pupils, lost less than 6 per cent of school days. Several school construction projects were completed: the renovation of all school premises at Nahr el-Bared camp and of Mansoura school. the reconstruction of Mount Tabor school and the establishment of two learning resource centres in central Lebanon. The 111 schools in the Syrian Arab Republic, serving a student population of 58,800, and the Damascus Training Centre, which provided 776 training places, operated without interruption.
A significant academic development was the Agency's participation in standardized, internationally recognized mathematics and science tests held in Jordan and the West Bank in April and May. Consistent with the findings of an external evaluation made of its vocational and technical education programme, and in v few of the region's depressed labour market, UNRWA introduced short-term vocational training. It decided to phase out Its two-year pre-service teacher-training programme by 1994, owing to the inability of large numbers of the programme's graduates to find posts and to the imminent requirement of a four-year university degree by Jordan, Gaza and the West Bank.
The Agency health programme provided primary health care, health protection and promotion services; environmental health services in camps, and nutrition and supplementary feeding to vulnerable population groups. Overcrowding at clinics was met by introducing patient-flow analysis and appointment systems, as well as by constructing additional health centres, renovating those that had deteriorated and increasing the number of laboratories, dental and special-care clinics and diagnostic equipment. Medical service was extended to localities not previously covered, especially in the West Bank and Lebanon. A second afternoon shift rendering a full range of preventive and curative services was introduced in five out of eight refugee camps in Gaza. UNRWA emergency operations provided primary and hospital care to intifadah-related casualties. The joint UNRWA/UNICEF physiotherapy programme continued in UNRWA health centres in the West Bank and Gaza. Greater attention was given to planning for the care of the mentally and psychologically disturbed segment of the refugee population. Besides taking over a joint UNRWA/WHO mental health programme begun in 1991, UNRWA jointly arranged with WHO a 12-month training course in community mental health, beginning in October in the United Kingdom.
Under the UNRWA/WHO short-term action plan for HIV/AIDS prevention and control, two interfield training workshops were conducted in July 1991 and January 1992 in blood transfusion for Agency senior staff and technologists in the West Bank and Gaza, and on epidemiological surveillance for senior staff from ail five areas of Agency operation. Meanwhile, WHO provided HIV examination kits for non-governmental hospitals in the West Bank and for the Central Blood Bank Society in Gaza. The expanded UNRWA programme of immunization was strengthened by a supply of measles, mumps, rubella and hepatitis-B vaccines from the Public Health Department of the West Bank.
Demand for social and relief services increased significantly, with the number of refugees qualifying for special hardship assistance rising to 178,000 from 162,000. The increase was largest in Gaza where economic and social dislocation was especially severe. Of the families receiving such assistance, 42 per cent were headed by women. Development programmes expanded for those with special needs, particularly women and the disabled.
Women's programme centres functioned as multi-purpose focal points. Women and girls from special hardship families received priority for informal training in skills, literacy and numeracy health education, child development, household maintenance, technical skills to generate or conserve income, basic business skills and legal literacy. With the opening of eight new centres, the number of women's centres rose to 65 and women participants to 9,100, from 4,700. While UNRWA staff were attached to each centre to facilitate the programme, women's committees raised funds to supplement the core budget provided by the Agency. A special contribution enabled the Agency to launch a Palestinian Women's Initiative Fund under which technical support, grants and loans were made available to productive enterprises and support services, including a women's community bank, a pilot marketing and distribution centre for items produced by women, and training in operating specialized machinery.
A similar community-based, participatory approach was employed in the rehabilitation of the disabled. In the five areas of operation, 14 community rehabilitation centres each offered basic rehabilitation services to an average of 34 children, supported their families and involved disabled persons in community life.
In Jordan, where the number of refugees increased from 960,000 to nearly 1,011,000 due to the return of Palestinians from Kuwait and other Gulf States, 141 families took part in self-support projects, 97 of which achieved sufficient success and were thus removed from the ration rolls. A social service office was set up at Aqaba, together with a women's programme centre offering training in marketable skills. In Lebanon, grants and technical support were given for 154 small income-generating enterprises; of the participating families, 98 became independent of the ration rolls. In the Syrian Arab Republic, recipients of direct relief had increased by 28 per cent over the previous year, necessitating a substantial increase in the allocation of food rations. Assistance for the rehabilitation of dilapidated housing was increased and 176 shelters were repaired or rebuilt. Two new women's centres and several day-care facilities were opened, as was the first community rehabilitation centre at Nairab camp.
In addition to its regular activities, UNRWA, for the fifth successive year, ran a programme of extraordinary measures to alleviate the difficulties experienced by the refugee population in the context of the intifadah and the Israeli response. These included the refugee affairs officer programme, a legal assistance scheme, emergency food distribution, cash grants to families in distress and a variety of emergency health services, including increased hospitalization subsidies.
The situation of the estimated 25,000 to 30,000 Palestinians in Kuwait continued to require UNRWA's attention, particularly of those Palestinians from Gaza who had only Egyptian travel documents and who could have nowhere to go were they to be required to leave Kuwait for lack of employment. UNRWA remained in contact with Kuwait and other concerned Governments on this issue.
UNRWA continued efforts to obtain some liberalization of employment restrictions imposed on Palestinians in Lebanon as a result of economic set-backs in that country. The Government, however, suspended the Lebanese-Palestinian dialogue on Palestinian civil and social rights in Lebanon, pending the outcome of the ongoing peace talks. In the circumstances, UNRWA carried out three emergency food distributions to some 220,000 refugees throughout the country, and a fourth distribution to some 60,000 refugees in Bekaa and Tyre. Other emergency operations in Lebanon were especially directed towards alleviating the suffering of the 7,000 Palestinian families displaced by various rounds of fighting, of which 4,000 remained in makeshift accommodations.
For 1992, UNRWA budgeted over $1 million for the West Bank and Gaza for temporary assistance to families suffering uprising-related death, injury or detention, or whose shelters had been demolished or sealed. An additional $100,000 was provided for Gaza families whose houses had been demolished or sealed in the early days of the uprising but had yet to find suitable accommodations. Another $100,000 worth of roofing sheets and cement was provided for repairs to shelter damage caused by the winter of 1991/92. The Agency continued to operate emergency clinics in the West Bank and Gaza, in spite of the reductions in staff. Subsidies for additional beds or patient expenses in those two areas were budgeted at $300,000, with another $300,000 earmarked for medical supplies for emergency cases. The Agency provided skimmed milk and baby cereals or dry rations to 34,500 additional nutritionally-at-risk infants, school-age children and pregnant or nursing women. UNRWA earmarked $100,000 for education in the West Bank and Gaza, with an additional $100,000 reserved for the production of self-learning materials for elementary and preparatory school students.
Under the expanded programme of assistance (EPA), set up in 1988 with a target of $65 million, some $45 million had been received or pledged by mid-1992. An additional $6.4 million had been received in response to two fund-raising appeals launched to expand the programme further, to cope with rising demands for Agency services by the thousands of jobless migrant workers and their families returning to the UNRWA areas of operation. The funds were to cover construction projects, equipment and medical supplies, and small-scale income-generating projects.
The Agency employed approximately 18,500 staff, the majority of whom were themselves Palestine refugees, and was thus one of the largest employers in the Middle East. The events in the region considerably affected the Agency's work during the reporting period.
GENERAL ASSEMBLY ACTION
On 14 December 1992, on the recommendation of the Special Political Committee, the General Assembly adopted resolution 47/69 A by recorded vote.
Assistance to Palestine refugees
The General Assembly,
Recalling its resolution 46/46 A of 9 December 1991 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 1991 to 30 June 1992,
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, recognizing that the Agency is doing all it can within the limits of available resources, and also expresses its thanks to the specialized agencies and to 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 area of operations as soon as practicable;
4. Notes with regret that the United Nations Conciliation Commission for Palestine has been unable to find a means of achieving progress in the implementation of paragraph 11 of General Assembly resolution 194(III), 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 1993;
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;
8. Decides to extend the mandate of the Agency until 30 June 1996, without prejudice to the provisions of paragraph 11 of General Assembly resolution 194(III).
General Assembly resolution 47/69 A
14 December 1992 Meeting 85 136-0-2 (recorded vote)
Approved by Special Political Committee (A/47/611) by recorded vote (122-0-1), 25 November (meeting 27); draft by United States (A/SPC/47/L.14); agenda item 73.
Meeting numbers. GA 47th session: SPC 9-12, 27; plenary 85.
Recorded vote in Assembly as follows:
In favour: Afghanistan, Algeria, Angola, Antigua and Barbuda, Argentina, Australia, Austria, Azerbaijan, Bahrain, Bangladesh, Barbados, Belarus, Belgium, Benin, Bhutan, Bolivia, Bosnia and Herzegovina, Botswana, Brazil, Brunei Darussalam, Bulgaria, Burkina Faso, Cameroon, Canada, Chad, Chile, China, Colombia, Costa Rica, Côte d’Ivoire, Cuba, Cyprus, Czechoslovakia, Democratic People's Republic of Korea, Denmark, Djibouti, Ecuador, Egypt, El Salvador, Estonia, Ethiopia, Finland, France, Gabon, Gambia, Germany, Greece, Guatemala, Guinea-Bissau, Guyana, Haiti, Honduras, Hungary, Iceland, India, Indonesia, Iran, Ireland, Italy, Jamaica, Japan, Jordan, Kazakhstan, Kuwait, Lao People's Democratic Republic, Latvia, Lebanon, Liberia, Libyan Arab Jamahiriya, Liechtenstein, Lithuania, Luxembourg, Madagascar, Malawi, Malaysia, Maldives, Mali, Malta, Marshall Islands, Mauritania, Mauritius, Mexico, Mongolia, Morocco, Mozambique, Myanmar, Namibia, Nepal, Netherlands, New Zealand, Niger, Nigeria, Norway, Pakistan, Panama, Paraguay, Peru, Philippines, Poland, Portugal, Qatar, Republic of Korea, Republic of Moldova, Romania, Russian Federation, Rwanda, Saint Lucia, Saint Vincent and the Grenadines, Samoa, Sao Tome and Principe, Saudi Arabia, Senegal, Singapore, Spain, Sri Lanka, Sudan, Suriname, Swaziland, Sweden, Syrian Arab Republic, Thailand, Togo, Trinidad and Tobago, Tunisia, Turkey, Ukraine, United Arab Emirates, United Kingdom, United States, Uruguay, Vanuatu, Venezuela, Viet Nem, Yemen, Zambia, Zimbabwe.
Against: None.
Abstaining: Dominica,* Israel.
*Later advised the Secretariat it had intended to vote in favour.
UNRWA financing
The UNRWA Commissioner-General, in his report to the General Assembly,(1) stated that, beginning with the 1992-1993 biennium, the Agency had shifted from an annual to a biennial budgetary cycle, bringing it in line with the majority of United Nations organizations. In another change, ACABQ became involved for the first time in the budgetary process. Both changes were reflected in amendments to its financial regulations. A four-year forward planning process was also introduced, the first period to be covered being 1994-1997.
The Agency's relatively healthy financial condition in 1991 began to deteriorate in 1992, with the year ending with a deficit of about $10 million. The gradual emergence of a budget problem was ascribed to increasing claims on limited donor funds from a growing number of global crises and to a downturn in the economies of many of the Agency's major donors.
The General Fund budget approved for the 1992-1993 biennium amounted to $572 million; with the additional sums earmarked for extraordinary measures for Lebanon and the occupied territory (EMLOT), EPA and the Gaza Hospital project, the grand total for the biennium amounted to $644.7 million.
In 1992, a total of $254,068,726 was received under the UNRWA General Fund ($221,917,276 in cash and $32,151,450 in kind). In addition, $13,246,059 was received for ongoing activities ($9,634,204 in cash and $3,611,855 in kind). Expenditures for the year totalled $256,679,308 under the General Fund, and $11,015,293 for ongoing activities—compared to expenditures of $308.1 million in 1991. For the 1994-1995 biennium, expenditures under the General Fund were estimated at $623 million (including $70 million in food donations), representing an increase of $51 million, or 8.9 per cent, over the approved General Fund budget for 1992-1993.
The regular budget was not completely funded for 1992 and substantial amounts were still required for EMLOT, EPA and the Gaza Hospital project. Only limited success was achieved in broadening the Agency's donor base. None the less, donor and host government support remained strong. Agency services alone would not be sufficient to maintain even basic life-sustaining needs were they not complemented by millions of dollars worth of host government assistance for the refugees.
Working Group on UNRWA financing
In a report covering its meetings of 2 September and 22 October 1992,(2) the Working Group on the Financing of UNRWA noted that UNRWA received sufficient funds in 1991 to implement its regular programme in accordance with established plans. For the 1992 regular programme, however, income already received and expected to be received during the remainder of the year indicated that it would be underfunded, in the order Of $3 million to $4 million, which would have to be covered by the working capital reserve (which stood at $33.7 million at the end of 1991).
The EMLOT fund showed an unencumbered balance of $5.5 million at the end of 1991; an additional $2.9 million was received or pledged for 1992. Programme expenditures for 1992 were expected to amount to $13 million, which meant an anticipated shortfall of between $4 million and $5 million. The EMLOT fund financed additional medical and relief services, as well as other forms of general assistance in Lebanon, the West Bank and Gaza.
Regarding a $35-million project for the construction of a 232-bed general hospital in the Gaza Strip, to include equipment, furnishings and operating costs for three years, the Agency in 1992 obtained a pledge of some $18 million from the European Community for the financing of the construction phase. With another $1.8 million already received, the project was able to enter the pre-tendering phase. This left an unfunded balance of $15.2 million to cover the other phases of the project.
Funding continued to be solicited for EPA, under which some 200 projects were currently under implementation with a total budget of some $32 million.
Of the biennial budget of $572 million for core activities, the 1992 share of financial requirements was budgeted at $274.8 million. This included some $14.4 million for capital and special projects, for which only $9 million had been received; thus, a number of construction projects might have to be deferred to 1993 or later. Of the 1992 requirements, some $28.3 million was expected in the form of contributions in kind.
Sharing the Commissioner-General's concern about the funding prospects for 1993, the Working Group strongly urged Governments to continue making generous contributions and to consider making additional contributions in support of emergency-related programmes and special projects.
GENERAL ASSEMBLY ACTION
On 14 December 1992, on the recommendation of the Special Political Committee, the General Assembly adopted resolution 47/69 B without vote.
Working Group on the Financing of the
United Nations Relief and Works Agency for
Palestine Refugees in the Near East
The General Assembly,
Recalling its resolutions 2656(XXV) of 7 December 1970, 2728(XXV) of 15 December 1970, 2/91(XXVI) of 6 December 1971, 46/46 B of 9 December 1991 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 East, and adopted the recommendations contained therein,
Having considered the report of the Working Group,
Taking into 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 1991 to 30 June 1992,
Deeply concerned about 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 financial security of the Agency;
2. Takes note with approval of the report of the Working Group;
3. Requests the Working Group to continue its efforts, in cooperation 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 47/69 B
14 December 1992 Meeting 85 Adopted without vote
Approved by Special Political Committee (A/47/611) without vote, 25 November (meeting 27); 23-nation draft (A/SPC/47/L.15); agenda item 73.
Sponsors: Australia, Austria, Bangladesh, Belgium, Canada, Denmark, France, Germany, Greece, Indonesia, Ireland, Italy, Luxembourg, Malaysia, Netherlands, New Zealand, Pakistan, Philippines, Portugal, Spain, Sweden, Turkey, United Kingdom.
Meeting numbers. GA 47th session: SPC 9-12, 27; plenary 85.
Accounts for 1991
The Board of Auditors, following its audit of the UNRWA financial statements for the year ended 31 December 1991, made several observations,(3) summarized also by the Secretary-General in an August 1992 note.(4) These related to the liability for losses and damages to UNRWA equipment in all of its field offices, the employment of internal auditors in line functions and cash management, regarding which ACABQ commented in October.(5)
The General Assembly, by resolution 47/211 accepted the financial report and audited financial statements of UNRWA and the Board's audit opinions and report on them, and requested that the Commissioner-General report in 1993 on steps taken to implement the Board's recommendations.
Legal matters
UNRWA staff
The Commissioner-General reported that, for the period 1 July 1991 to 30 June 1992,(1) the number of UNRWA staff members arrested or detained without trial declined in the occupied territories as well as in Lebanon and the Syrian Arab Republic, but increased in Jordan. Of the 61 staff members detained during the period, 51 were arrested and released without trial and 10 remained in detention. One staff member in the Gaza Strip remained under deportation order as at 30 June. Of the 418 Palestinians who received deportation orders into southern Lebanon in December, 16 were reported to be UNRWA staff members. Two local staff members in the Gaza Strip were killed for allegedly collaborating with the Israeli authorities.
The Agency remained unable to obtain adequate and timely information on the reasons for the arrest and detention of its staff members. It could thus not ascertain whether the staff members' official functions were involved. However, it had access to 18 staff members from Gaza and six from the West Bank who were in prisons and detention centres in the occupied territories and in Israel. It was unable to visit staff in detention in Jordan, Lebanon and the Syrian Arab Republic, despite its representations to the Governments of those countries.
Of continuing concern was the mistreatment of staff in detention, of which 58 cases were recorded in Gaza and 70 in the West Bank. Mistreatment in the performance of their duties took the form of beatings, threats, insults, intimidation and temporary detention.
UNRWA continued to encounter difficulties with respect to staff movement in and out of the West Bank and the Gaza Strip. These included substantial delays in the clearance of staff travelling on official duty and, in some cases, refusal of clearance. Staff movement within the occupied territory remained seriously curtailed by frequent curfews and the designation of areas as closed military zones, with Israel insisting that local staff could operate only if in possession of curfew permits from the civil administration, as well as by periodic restrictions on access to Israel and East Jerusalem imposed on staff residing in the West Bank and Gaza. UNRWA experienced particular difficulty in obtaining for its local drivers entry to Israel's Ben Gurion International Airport, despite assurances from the authorities that their entry would be facilitated.
UNRWA services and premises
The Commissioner-General reported(1) that between 1 July 1991 and 30 June 1992 Israeli security forces made 117 incursions into UNRWA installations in the West Bank and 210 in the Gaza Strip at times resulting in injury to staff and damage to property. There were 94 recorded intrusions into health clinic premises. Israeli security forces on occasion also used Agency premises during military operations. The Agency continued to protest against such incursions as constituting abuse of its privileges and immunities.
Of particular concern were incidents in which Agency medical and ambulance services were interfered with or prevented. There were 31 such incidents in the Gaza Strip alone, during which ambulances were stopped, searched or shot at, with the drivers beaten up and their identity documents confiscated. Israeli authorities continued to object to the Agency's reconstruction of demolished camp shelters, despite assurances by Israel's Ministry of Foreign Affairs that there would be no objection to it. Construction projects were also subjected to detailed and time-consuming procedures. Restrictions were imposed on the quantity of items imported for the Agency's essential operations and incoming goods were often subjected to delays at the port of entry.
As at 30 June 1992, the Government of Israel owed the Agency $7.7 million in arrears for the payment of clearance, warehousing and transport charges for which Israel was responsible in respect of Agency supplies under the terms of the 1967 Comay-Michelmore agreement. Payment of those charges, suspended by Israel from 1988 to 1991, were advanced by the Agency.
In resolution 47/69 K, the General Assembly condemned the repeated Israeli raids on UNRWA premises and installations and called on Israel to refrain from such acts.
Compensation claims
In 1992, UNRWA reported(1) that no progress had been made with regard to its claims against the Governments of: Israel (for loss and damage to UNRWA property during the 1967 Middle East hostilities, Israel's invasion of Lebanon in 1982 and its military action before then), Jordan (arising from the 1967 hostilities and the disturbances of 1970 and 1971); and the Syrian Arab Republic (relating mainly to the levy of certain taxes from which UNRWA believed it was exempt under existing agreements). Those claims had been reported in 1986.(6) The Secretary-General, in October 1992,(7) also stated that there had been no progress with regard to UNRWA claims against Israel resulting from its 1982 invasion of Lebanon.
In resolution 47/69 I, the General Assembly called anew on Israel to compensate UNRWA for damages to its property and facilities resulting from its invasion of Lebanon without prejudice to Israel's responsibility for all damages resulting from that invasion.
Other aspects
Displaced persons
Approximately 12,000 displaced registered refugees were known by UNRWA to have returned to the occupied territories since June 1967.(1) A particularly acute problem were marriages entered into by West Bank residents with women, mainly from Jordan, who had applied for West Bank residence but had obtained only short-term, renewable visitor permits. Deportations carried out by Israeli military authorities of women and children deemed ineligible for resident status created considerable uncertainty for newlyweds and prospective couples, who remained subject to military administrative decisions, with little scope for legal recourse.
Humanitarian assistance
In 1992, in addition to providing relief in the form of basic food commodities, blankets, clothing, shelter repair and cash grants, UNRWA continued to provide a small measure of humanitarian assistance to persons who had been displaced as a result of the June 1967 war and subsequent hostilities in the Middle East but who were not registered with UNRWA as refugees.
GENERAL ASSEMBLY ACTION
On 14 December 1992, the General Assembly on the recommendation of the Special Political Committee adopted resolution 47/69 C without vote.
Assistance to persons displaced as a result of
the June 1967 and subsequent hostilities
The General Assembly,
Recalling its resolution 46/46 C of 9 December 1991 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 1991 to 30 June 1992,
Concerned about the continued human suffering resulting from the hostilities in the Middle East,
1. Reaffirms its resolution 46/46 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 intergovernmental and non-governmental organizations concerned.
General Assembly resolution 47/69 C
14 December 1992 Meeting 85 Adopted without vote
Approved by Special Political Committee (A/47/611) without vote, 25 November (meeting 27); 22-nation draft (A/SPC/47/L.16); agenda item 73.
Sponsors: Austria, Bangladesh, Belgium, Canada, Cyprus, Denmark, Finland, Germany, Greece, India, Indonesia, Ireland, Italy, Japan, Malaysia, Mali, Netherlands, Norway, Pakistan, Philippines, Sri Lanka, Sweden.
Meeting numbers. GA 47th session: SPC 9-12, 27: plenary 85.
Repatriation of refugees
The Secretary-General reported in October 1992(8) regarding compliance with the General Assembly's 1991 call on Israel to take immediate steps for the return of all displaced inhabitants and to desist from measures obstructing their return.(9) By a note of 30 June, Israel stated that its position on the matter had been set out fully in successive annual replies, the latest of which was the subject of a 1991 report by the Secretary-General;(10) because of its continued effort to review individual cases of resettlement based on the merits of each case, approximately 79,368 persons had already returned to the administered territories.
The Secretary-General also included information from UNRWA on the return of refugees registered with it. Since UNRWA was not involved in arrangements for either refugees or displaced persons not registered as refugees, its information was based on requests by returning registered refugees for the transfer of their service entitlements to their areas of return; UNRWA was not necessarily aware of the return of registered refugees who had not made such requests. Its records indicated that, between 1 July 1991 and 30 June 1992, 310 registered refugees had returned to the West Bank and 83 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. Displaced refugees known by UNRWA to have returned to the occupied territories since June 1967 numbered about 12,400. UNRWA 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 location of registered refugees, might be incomplete.
GENERAL ASSEMBLY ACTION
On 14 December 1992, on the recommendation of the Special Political Committee, the General Assembly adopted resolution 47/69 G by recorded vote.
Return of population and refugees
displaced since 1967
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, 44/47 G of 8 December 1989, 45/73 G of 11 December 1990 and 46/46 G of 9 December 1991,
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 1991 to 30 June 1992,
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-eighth session, on the compliance of Israel with paragraph 4 above.
General Assembly resolution 47/69 G
14 December 1992 Meeting 85 103-2-37 (recorded vote)
Approved by Special Political Committee (A/47/611) by recorded vote (87-2-32), 25 November (meeting 27); 12-nation draft (A/SPC/47/L.20); agenda item 73.
Sponsors: Afghanistan, Bangladesh, Brunei Darussalam, Comoros, Cuba, India, Indonesia, Madagascar, Malaysia, Mali, Pakistan, Zambia.
Meeting numbers. GA 47th session: SPC 9-12, 27; plenary 85.
Recorded vote in Assembly as follows:
In favour: Afghanistan, Algeria, Angola, Antigua and Barbuda, Azerbaijan, Bahrain, Bangladesh, Barbados, Belarus, Belize, Benin, Bhutan, Bosnia and Herzegovina, Botswana, Brazil, Brunei Darussalam, Burkina Faso, Cameroon, Chad, Chile, China, Colombia, Comoros, Costa Rica, Côte d'Ivoire, Cuba, Cyprus, Democratic People's Republic of Korea, Djibouti, Ecuador, Egypt, El Salvador, Ethiopia, Gabon, Gambia, Greece, Grenada, Guatemala, Guinea-Bissau, Guyana, Haiti, Honduras, India, Indonesia, Iran, Jamaica, Japan, Jordan, Kazakhstan, Kuwait, Lao People's Democratic Republic, Lebanon, Liberia, Libyan Arab Jamahiriya, Madagascar, Malawi, Malaysia, Maldives, Mali, Malta, Mauritania, Mauritius, Mexico, Mongolia, Morocco, Mozambique, Myanmar, Namibia, Nepal, Niger, Nigeria, Pakistan, Panama, Paraguay, Peru, Philippines, Qatar, Republic of Korea, Rwanda, Sao Tome and Principe, Saudi Arabia, Senegal, Singapore, Spain, Sri Lanka, Sudan, Suriname, Swaziland, Syrian Arab Republic, Thailand, Togo, Trinidad and Tobago, Tunisia, Turkey, Ukraine, United Arab Emirates, Uruguay, Vanuatu, Venezuela, Viet Nam, Yemen, Zambia, Zimbabwe.
Against: Israel, United States.
Abstaining: Albania, Argentina, Australia, Austria, Belgium, Bolivia, Bulgaria, Canada, Czechoslovakia, Denmark, Dominica, Estonia, Finland, France, Germany, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Marshall Islands, Netherlands, New Zealand, Norway, Poland, Portugal, Republic of Moldova, Romania, Russian Federation, Saint Lucia, Saint Vincent and the Grenadines. Samoa, Sweden, United Kingdom.
Food aid
The Secretary-General reported in October 1992(11) that UNRWA continued to provide food assistance to the neediest of the refugee population, known as special hardship cases, who numbered 167,602 persons in December 1991. It also continued emergency distributions of basic commodities, such as flour, rice, sugar, animal protein and skimmed milk to the needy, including non-registered Palestinians, in the occupied territory and Lebanon. In 1991, 25,896 tonnes of those commodities were distributed in the Gaza Strip, 25,527 tonnes in the West Bank and 3,307 tonnes in Lebanon. Given the lack of additional resources, it had not been possible for the Commissioner-General to consider resuming the interrupted general distribution of basic food rations to all refugees, as requested by the Assembly in several resolutions, most recently in 1991.(12)
GENERAL ASSEMBLY ACTION
On 14 December, on the recommendation of the Special Political Committee, the General Assembly adopted resolution 47/69 F by recorded vote.
Resumption of the ration distribution
to Palestine refugees
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, 45/73 F of 11 December 1990, 46/46 F of 9 December 1991 and all its previous resolutions on the question, including resolution 302(IV) 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 1991 to 30 June 1992,
Deeply concerned about 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, 44/47 F, 45/73 F and 46/46 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-eighth session on the implementation of the present resolution.
General Assembly resolution 47/69 F
14 December 1992 Meeting 85 103-24-14 (recorded vote)
Approved by Special Political Committee (A/47/611) by recorded vote (86-22-14), 25 November (meeting 27); 12-nation draft (A/SPC/47/L.19); agenda item 73.
Sponsors: Afghanistan, Bangladesh, Brunei Darussalam, Comoros, Cuba. India, Indonesia, Madagascar, Malaysia, Mali, Pakistan, Zambia.
Meeting numbers. GA 47th session: SPC 9-12, 27; plenary 85.
Recorded vote in Assembly as follows:
In favour: Afghanistan, Algeria, Angola, Antigua and Barbuda, Azerbaijan, Bahrain, Bangladesh, Barbados, Belarus, Belize, Benin, Bhutan, Bolivia Bosnia and Herzegovina, Botswana, Brazil, Brunei Darussalam, Burkina Faso, Cameroon, Chad, Chile, China, Colombia, Comoros, Costa Rica, Côte d’Ivoire, Cuba, Cyprus, Democratic People's Republic of Korea, Djibouti, Ecuador, Egypt, El Salvador. Ethiopia. Gabon. Gambia. Grenada. Guatemala, Guinea-Bissau, Guyana, Haiti, Honduras, India, Indonesia, Iran, Jamaica, Jordan, Kazakhstan, Kuwait, Lao People's Democratic Republic, Lebanon, Liberia, Libyan Arab Jamahiriya, Madagascar, Malawi, Malaysia, Maldives, Mali, Malta, Mauritania, Mauritius, Mexico, Mongolia, Morocco, Mozambique, Myanmar, Namibia, Nepal, Niger, Nigeria, Pakistan, Panama, Paraguay, Peru, Philippines, Qatar, Republic of Korea, Russian Federation, Rwanda, Saint Lucia, Sao Tome and Principe, Saudi Arabia, Senegal, Singapore, Sri Lanka, Sudan, Suriname, Swaziland, Syrian Arab Republic, Thailand, Togo, Trinidad and Tobago, Tunisia, Turkey, Ukraine, United Arab Emirates, Uruguay, Vanuatu, Venezuela, Viet Nam, Yemen, Zambia, Zimbabwe.
Against: Australia, Belgium, Canada. Denmark, Estonia, Finland, France, Germany, Hungary, Iceland, Ireland, Israel, Italy, Japan, Latvia, Lithuania, Luxembourg, Netherlands, New Zealand, Norway, Portugal, Sweden, United Kingdom, United States.
Abstaining: Albania, Argentina, Austria, Bulgaria, Czechoslovakia, Greece, Liechtenstein, Marshall Islands, Poland, Republic of Moldova, Romania, Saint Vincent and the Grenadines, Samoa, Spain.
Education and training services
Protection of Palestinian
students and educational institutions
In October 1992,(13) the Secretary-General reproduced Israel's reply of 30 June to a 1991 General Assembly resolution(14) calling on Israel to open immediately all closed educational and vocational institutions, a large number of which were operated by UNRWA, and to refrain from closing them thereafter.
Describing the resolution as unbalanced, Israel said it distorted the Government's role and policy, which had always been to encourage development of the educational system in Judaea, Samaria and the Gaza District. During its administration, the level of education and literacy in those territories had markedly improved and many new institutions of learning had been established. Since December 1987, however, the schools had frequently been exploited as centres for organizing and launching violent activities. Measures taken by the authorities were in reaction to activities having nothing to do with education. Those measures had enabled Israel to permit the reopening of all educational institutions, including all seven institutions of higher education, as recently recognized by UNESCO.
The Secretary-General also cited the UNRWA Commissioner-General's report(1) stating that, of the 117 cases of unauthorized entry into UNRWA premises in the West Bank during the period 1 July 1991 to 30 June 1992, 62 related to schools; of the 210 such cases in the Gaza Strip, 118 related to schools.
During the same period, one death and 138 cases of injury among students and trainees occurred at UNRWA educational institutions in the West Bank, and five deaths and 637 injuries at institutions in the Gaza Strip—all attributable to beatings, tear-gas inhalation, rubber bullets and live ammunition. In addition, 259 students and trainees in the West Bank and 43 in Gaza were detained, of whom 144 and 37, respectively, were released by 30 June 1992.
During the 1991/92 academic year, an average of 21 per cent of training time was lost at the Kalandia and Ramallah men's and women's training centres in the West Bank due to general strikes curfews and severe weather conditions. In March 1992, West Bank trainees interrupted instruction in solidarity with Gaza trainees whom Israeli authorities prevented from attending the West Bank centres for lack of permits to stay in the West Bank. The permits, which were a new requirement, were subsequently obtained by UNRWA; none were granted, however, for 17 of the trainees. The Gaza training centre lost 18 per cent of training days to strikes, 1 per cent to curfews, 1 per cent to military closure orders and 4 per cent to closure by UNRWA for security reasons.
Between September 1991 and June 1992, 17.2 per cent of school days were lost in the West Bank and 12.4 per cent in the Gaza Strip owing primarily to military closures, general strikes and curfews. On 27 May, following the stabbing of an Israeli from the Kfar Darom settlement in Gaza, settlers attacked the UNRWA school at Deir el-Balah, where more than 200 children were taking final examinations. In another attack, the settlers bulldozed the school fence to the ground. Military authorities eventually restored calm and UNRWA evacuated the children.
GENERAL ASSEMBLY ACTION
On 14 December, on the recommendation of the Special Political Committee, the General Assembly adopted resolution 47/69 K by recorded vote.
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 territories
The General Assembly,
Recalling Security Council resolution 605(1987) of 22 December 1987,
Recalling also its resolutions 43/21 of 3 November 1988, 43/57 I of 6 December 1988, 44/2 of 6 October 1989, 44/47 K of 8 December 1989, 45/73 K of 11 December 1990 and 46/46 K of 9 December 1991,
Taking note of the report of the Secretary-General dated 21 January 1988, submitted in accordance with Security Council resolution 605(1987), the report dated 31 October 1990, submitted in accordance with Council resolution 672(1990), and the report dated 9 April 1991, submitted in accordance with Council resolution 681(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 1991 to 30 June 1992,
Taking note, in particular, of paragraph 111 of that report, in which it is stated that during the reporting period "there were 117 incursions into Agency installations by members of the Israeli security forces in the West Bank and 210 such incursions in the Gaza Strip" and that "the Agency recorded 94 incidents in which the Agency's clinic and hospital premises were entered" and that "on 26 November 1991, border police personnel fired tear gas into the [Agency's] girls' school in Shu'fat camp in the West Bank, necessitating medical treatment for affected students and teachers, including two pregnant teachers who required hospital 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 and vocational 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 and vocational institutions and to refrain from closing them thereafter;
4. Requests the Secretary-General to report to the General Assembly at its forty-eighth session on the implementation of the present resolution.
General Assembly resolution 47/69 K
14 December 1992 Meeting 85 141-2 (recorded vote)
Approved by Special Political Committee (A/47/611) by recorded vote (119-2), 25 November (meeting 27); 11-nation draft (A/SPC/47/L.24); agenda item 73.
Sponsors: Afghanistan, Bangladesh, Brunei Darussalam, Comoros, Cuba, Indonesia, Madagascar, Malaysia, Mali, Pakistan, Zambia.
Meeting numbers. GA 47th session: SPC 9-12, 27; plenary 85.
Recorded vote in Assembly as follows:
In favour: Afghanistan, Albania, Algeria, Angola, Antigua and Barbuda, Argentina, Australia, Austria, Azerbaijan, Bahrain, Bangladesh, Barbados, Belarus, Belgium, Belize, Benin, Bhutan, Bolivia, Bosnia and Herzegovina, Botswana, Brazil, Brunei Darussalam, Bulgaria, Burkina Faso, Cameroon, Canada, Chad, Chile, China, Colombia, Comoros, Costa Rica, Côte d’Ivoire, Cuba, Cyprus, Czechoslovakia, Democratic People’s Republic of Korea, Denmark, Djibouti, Dominica, Ecuador, Egypt, El Salvador, Estonia, Ethiopia, Finland, France, Gabon, Gambia, Germany, Greece, Grenada, Guatemala, Guinea-Bissau, Guyana, Haiti, Honduras, Hungary, Iceland, India, Indonesia, Iran, Ireland, Italy, Jamaica, Japan, Jordan, Kazakhstan, Kuwait, Lao People’s Democratic Republic, Latvia, Lebanon, Liberia, Libyan Arab Jamahiriya, Liechtenstein, Lithuania, Luxembourg, Madagascar, Malawi, Malaysia, Maldives, Mali, Malta, Marshall Islands, Mauritania, Mauritius, Mexico, Mongolia, Morocco, Mozambique, Myanmar, Namibia, Nepal, Netherlands, New Zealand, Niger, Nigeria, Norway, Pakistan, Panama, Paraguay, Peru, Philippines, Poland, Portugal, Qatar, Republic of Korea, Republic of Moldova, Romania, Russian Federation, Rwanda, Saint Lucia, Saint Vincent and the Grenadines, Samoa, Sao Tome and Principe, Saudi Arabia, Senegal, Sierra Leone, Singapore, Spain, Sri Lanka, Sudan, Suriname, Swaziland, Sweden, Syrian Arab Republic Thailand, Togo, Trinidad and Tobago, Tunisia, Turkey, Ukraine, United Arab Emirates, United Kingdom, Uruguay, Vanuatu, Venezuela, Viet Nam, Yemen, Zambia, Zimbabwe.
Against: Israel, United States.
Proposed University of Jerusalem "Al Quds"
In keeping with a General Assembly request of 1991,(15) the Secretary-General reported in October 1992(16) on the establishment of a university for Palestine refugees at Jerusalem. The proposed university, first considered by the Assembly in 1980,(17) had since been the subject of annual reports by the Secretary-General with regard to measures taken towards its establishment, including a functional feasibility study.
To assist in the preparation of the study and at the Secretary-General's request, the United Nations University made available the services of an expert who would visit the area and meet with Israeli officials. By a note verbale of 15 September 1992, the Secretary-General requested Israel to facilitate the expert's visit at a mutually convenient time. Recalling the position of Israel on the proposed university and the questions it had raised, as well as the clarifications already given by the Secretariat, the Secretary-General expressed the opinion that those questions could best be discussed during the proposed visit.
Israel replied on 23 October that its position remained unchanged, and recalled its note of 30 June underscoring its consistent vote against the Assembly resolutions calling for the establishment of the proposed university, whose sponsors sought to exploit higher education in order to politicize issues totally extraneous to genuine academic pursuits. In the opinion of Israel, a visit by the expert would serve no useful purpose.
The Secretary-General thus concluded that the feasibility study could not be completed as planned.
GENERAL ASSEMBLY ACTION
On 14 December 1992, on the basis of the Special Political Committee's recommendation, the General Assembly adopted resolution 47/69 J by recorded vote.
University of Jerusalem "Al-Quds"
for Palestine refugees
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, 44/47 J of 8 December 1989, 45/73 J of 11 December 1990 and 46/46 J of 9 December 1991,
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 1991 to 30 June 1992,
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 cooperate 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;
4. Also requests the Secretary-General to report to the General Assembly at its forty-eighth session on the progress made in the implementation of the present resolution.
General Assembly resolution 47/69 J
14 December 1992 Meeting 85 139-2-1 (recorded vote)
Approved by Special Political Committee (A/47/611) by recorded vote (119-2-1), 25 November (meeting 27); 13-nation draft (A/SPC/47/L.23); agenda item 73.
Sponsors: Afghanistan, Bangladesh. Brunei Darussalam, Comoros, Cuba, India, Indonesia, Jordan, Madagascar, Malaysia, Mali, Pakistan, Zambia.
Meeting numbers. GA 47th session: SPC 9-12, 27; plenary 85.
Recorded vote in Assembly as follows:
In favour: Afghanistan, Albania, Algeria, Angola, Antigua and Barbuda, Argentina, Australia, Austria, Azerbaijan, Bahrain, Bangladesh, Barbados, Belarus, Belgium, Belize, Benin, Bhutan, Bolivia, Bosnia and Herzegovina, Botswana, Brazil, Brunei Darussalam, Bulgaria, Burkina Faso, Cameroon, Canada, Chad, Chile, China, Colombia, Comoros, Costa Rica, Côte d’Ivoire, Cuba, Cyprus, Czechoslovakia, Democratic People's Republic of Korea, Denmark, Djibouti, Dominica, Ecuador, Egypt, El Salvador, Estonia, Ethiopia, Finland, France, Gabon, Gambia, Germany, Greece, Guatemala, Guinea-Bissau, Guyana, Haiti, Honduras, Hungary, Iceland, India, Indonesia, Iran, Ireland, Italy, Jamaica, Japan, Jordan, Kazakhstan, Kuwait, Lao People's Democratic Republic, Latvia, Lebanon, Liberia, Libyan Arab Jamahiriya, Liechtenstein, Lithuania, Luxembourg, Madagascar, Malawi, Malaysia, Maldives, Mali, Malta, Marshall Islands, Mauritania, Mauritius, Mexico, Mongolia, Morocco, Mozambique, Myanmar, Namibia, Nepal, Netherlands, New Zealand, Niger, Nigeria, Norway, Pakistan, Panama, Paraguay, Peru, Philippines, Poland, Portugal, Qatar, Republic of Korea, Republic of Moldova, Romania, Rwanda, Saint Lucia, Saint Vincent and the Grenadines, Samoa, Sao Tome and Principe, Saudi Arabia, Senegal, Sierra Leone, Singapore, Spain, Sri Lanka, Sudan, Suriname, Swaziland, Sweden, Syrian Arab Republic, Thailand, Togo, Trinidad and Tobago, Tunisia, Turkey, Ukraine, United Arab Emirates, United Kingdom, Uruguay, Vanuatu, Venezuela, Viet Nam, Yemen, Zambia, Zimbabwe.
Against: Israel, United States.
Abstaining: Russian Federation.
Scholarships
The Secretary-General reported in October 1992(18) on responses to the General Assembly's appeal of 1991(19) to augment special allocations for scholarships and grants to Palestine refugees, for which UNRWA acted as recipient and trustee.
In the academic year 1991/92, Japan offered through UNRWA, 16 vocational fellowships in Japan for Palestine refugees in UNRWA's employ. Under the UNRWA university scholarship programme for secondary school graduates, 140 Palestine refugee students were recipients of scholarship awards made possible by Japan's contribution of $1 million in 1989, to be spread over five years. Another 136 Palestinians were awarded scholarships under the same programme, made possible by Switzerland's contributions to the programme of $180,000 in 1989, $213,000 in 1990 and $197,300 in 1991. Those awards, while not specifically in response to Assembly resolutions, were in keeping with their spirit.
In 1991, seven Palestinians were awarded international fellowships under the WHO postgraduate fellowship programme aimed at developing technical and managerial skills of UNRWA's Department of Health staff and at meeting future replacement needs under various health disciplines. Three other Palestinians were granted fellowships to study in Belgium in 1990-1991: one for a full scholastic year in paediatric cardiology, and two for a four-month study in oncology. The World Intellectual Property Organization followed up its award of 15 fellowships in the period 1980-1990, with the offer of a further reward in 1992.
GENERAL ASSEMBLY ACTION
On 14 December, on the recommendation of the Special Political Committee, the General Assembly adopted resolution 47/69 D by recorded vote.
Offers by Member States of grants and
scholarships for higher education, including
vocational training, for Palestine refugees
The General Assembly,
Recalling its resolution 212(III) of 19 November 1948 on assistance to Palestine refugees,
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, 44/47 D of 8 December 1989, 45/73 D of 11 December 1990 and 46/46 D of 9 December 1991,
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 I July 1991 to 30 June 1992,
1. Urges all States to respond to the appeal contained in its 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, 44/47 D, 43/73 D and 46/46 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 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-eighth session on the implementation of the present resolution.
General Assembly resolution 47/69 D
14 December 1992 Meeting 85 139-0-1 (recorded vote)
Approved by Special Political Committee (A/47/611) by recorded vote (122-0-1), 25 November (meeting 27); 13-nation draft (A/SPC/47/L.17); agenda item 73.
Sponsors: Afghanistan, Bangladesh, Brunei Darussalam, Comoros, Cuba, India, Indonesia, Jordan, Madagascar, Malaysia, Mali, Pakistan, Zambia.
Meeting numbers. GA 47th session: SPC 9 12, 27; plenary 85.
Recorded vote in Assembly as follows:
In favour: Afghanistan, Algeria, Angola, Antigua and Barbuda, Argentina, Australia, Austria, Azerbaijan, Bahrain, Bangladesh, Barbados, Belarus, Belgium, Benin, Bhutan, Bolivia, Bosnia and Herzegovina, Botswana, Brazil, Brunei Darussalam, Bulgaria, Burkina Faso, Cameroon Canada, Chad, Chile, China, Colombia, Comoros, Costa Rica, Côte d’Ivoire, Cuba, Cyprus, Czechoslovakia, Democratic People’s Republic of Korea, Denmark, Djibouti, Dominica, Ecuador, Egypt, El Salvador, Estonia, Ethiopia, Finland, France, Gabon, Gambia, Germany, Greece, Grenada, Guatemala, Guinea-Bissau, Guyana, Haiti, Honduras, Hungary, Iceland, India, Indonesia, Iran, Ireland, Italy, Jamaica, Japan, Jordan, Kazakhstan, Kuwait, Lao People’s Democratic Republic, Latvia, Lebanon, Liberia, Libyan Arab Jamahiriya, Liechtenstein, Lithuania, Luxembourg, Madagascar, Malawi. Malaysia, Maldives, Mali, Malta, Marshall Islands, Mauritania, Mauritius, Mexico, Mongolia, Morocco, Mozambique, Myanmar, Namibia, Nepal, Netherlands, New Zealand, Niger, Nigeria, Norway, Pakistan, Panama, Paraguay, Peru, Philippines, Poland, Portugal, Qatar, Republic of Korea, Republic of Moldova, Romania, Russian Federation, Rwanda, Saint Lucia, Saint Vincent and the Grenadines, Samoa, Sao Tome and Principe, Saudi Arabia, Senegal, Singapore, Spain, Sri Lanka, Sudan, Suriname, Swaziland, Sweden, Syrian Arab Republic, Thailand, Togo, Trinidad and Tobago, Tunisia, Turkey, Ukraine, United Arab Emirates, United Kingdom, United States, Uruguay, Vanuatu, Venezuela, Viet Nam, Yemen, Zambia, Zimbabwe.
Against: None.
Abstaining: Israel.
Property rights
Report of the Secretary-General. In response to a General Assembly resolution of 1991,(20) the Secretary-General, in September 1992,(21) submitted a report on the status of steps taken for the protection and administration of Arab property, assets and property rights in Israel and for the setting up of a fund for the receipt of income derived therefrom, on behalf of the rightful owners. The Secretary-General indicated that he had transmitted the resolution to Israel and to all other Member States for their Comments, as well as to the Chairman of the United Nations Conciliation Commission for Palestine.
According to Israel's reply of 1 July, reproduced in the report, the 1991 resolution demonstrated its sponsors' misuse of the Assembly for the goals of an ongoing propaganda campaign against Israel. Its position had been set out in statements to the Special Political Committee on three occasions and in a 1991 report of the Secretary-General.(22) Israel again asserted that there was no legal basis for taking the steps proposed, as property rights within the borders of a sovereign State were subject exclusively 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 proposed that similar steps be taken regarding the confiscated Jewish property in Arab countries—suggesting that Israel's sovereignty was limited or restricted by some provision that did not apply to other Members of the United Nations. The property left behind by approximately 800,000 Jewish refugees who resettled in Israel as a result of the 1948 war, estimated to be in the billions of dollars, was expropriated by the Arab countries in which they had lived. Israel stressed that there could be no difference in law, justice or equity between the claims of Arab and Jewish property owners.
The Secretary-General added that no reply had been received from any other Member State regarding implementation of the resolution.
Report of the Conciliation Commission. The United Nations Conciliation Commission for Palestine, in its report covering the period from 1 September 1991 to 31 August 1992,(23) stated that the circumstances that unfortunately had limited its possibilities of action regarding compensation for Palestine refugee properties remained unchanged. The events that had occurred in the area since the preceding reporting period had further complicated an already very complex situation. The Commission continued to hope, nevertheless, that the situation and related circumstances in the region would improve towards a comprehensive, just and lasting Middle East peace, thus enabling it to carry forward its work in accordance with the 1948 Assembly resolution defining its mandate.(24)
Referring to prospects for implementing paragraph 11 of that resolution, by which the Assembly resolved that the refugees wishing to return to their homes should be permitted to do so at the earliest practicable date, and that compensation should be paid for the property of those choosing not to return and for loss or damage to property, the Commission noted that the examination of various ways in which it might be possible to intensify its efforts towards that end had compelled the conclusion that all the ways envisaged presupposed substantial changes in the situation.
GENERAL ASSEMBLY ACTION
On 14 December, on the recommendation of the Special Political Committee, the General Assembly adopted resolution 47/69 H by recorded vote.
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, 45/73 H of 11 December 1990, 46/46 H of 9 December 1991 and all its previous resolutions on the question, including resolution 194(III) 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 1991 to 31 August 1992,
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 that the Palestine Arab refugees are entitled to their property and to the income derived therefrom, in conformity with the principles of justice and equity,
Recalling in particular its 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 the refusal of Israel to cooperate 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-eighth session on the implementation of the present resolution.
General Assembly resolution 47/69 H
14 December 1992 Meeting 85 100-2-39 (recorded vote)
Approved by Special Political Committee (A/47/611) by recorded vote (85-2-34), 25 November (meeting 27); 11-nation draft (A/SPC/47/L.21); agenda item 73.
Sponsors: Afghanistan, Bangladesh, Brunei Darussalam, Comoros, Cuba, Indonesia, Madagascar, Malaysia, Mali, Pakistan, Zambia.
Meeting numbers. GA 47th session: SPC 9-12, 27; plenary 85.
Recorded vote in Assembly as follows:
In favour: Afghanistan, Algeria, Angola, Antigua and Barbuda, Azerbaijan, Bahrain, Bangladesh, Barbados, Belarus, Belize, Benin, Bhutan, Bosnia and Herzegovina, Botswana, Brazil, Brunei Darussalam, Burkina Faso, Cameroon, Chad, Chile, China, Colombia, Comoros, Costa Rica, Côte d’Ivoire, Cuba, Cyprus, Democratic People's Republic of Korea, Djibouti, Ecuador, Egypt, El Salvador, Ethiopia, Gabon, Gambia, Greece, Guatemala, Guinea-Bissau, Guyana, Haiti, Honduras, India, Indonesia, Iran, Jamaica, Jordan, Kazakhstan, Kuwait, Lao People's Democratic Republic, Lebanon, Liberia, Libyan Arab Jamahiriya, Madagascar, Malawi, Malaysia, Maldives Mali, Malta, Mauritania, Mauritius, Mexico, Mongolia, Morocco, Mozambique, Myanmar, Namibia, Nepal, Niger, Nigeria, Pakistan, Panama, Paraguay, Peru, Philippines, Qatar, Republic of Korea, Rwanda, Sao Tome and Principe, Saudi Arabia, Senegal, Singapore, Spain, Sri Lanka, Sudan, Suriname, Swaziland, Syrian Arab Republic, Thailand, Trinidad and Tobago, Tunisia, Turkey, Ukraine, United Arab Emirates, Uruguay, Vanuatu, Venezuela, Viet Nam, Yemen, Zambia, Zimbabwe.
Against: Israel, United States.
Abstaining: Albania, Argentina, Australia, Austria, Belgium, Bolivia, Bulgaria, Canada, Czechoslovakia, Denmark, Dominica, Estonia, Finland, France, Germany, Hungary, Iceland, Ireland, Italy, Japan, Latvia, Liechtenstein, Lithuania, Luxembourg, Marshall Islands, Netherlands, New Zealand, Norway, Poland, Portugal, Republic of Moldova, Romania, Russian Federation, Saint Lucia, Saint Vincent and the Grenadines, Samoa, Sweden, Togo, United Kingdom.
Refugee protection
The Secretary-General reported in October 1992(7) on implementation of a General Assembly resolution of 1991(25) holding Israel responsible for the security of the Palestine refugees in the occupied territory and calling on it to compensate UNRWA for the damage to its property and facilities resulting from Israel's 1982 invasion of Lebanon.
The report reproduced Israel's reply of 30 June 1992 to the Secretary-General's request for information on steps taken or envisaged to comply with the resolution. Israel said that it had fully set forth its position on the subject in statements to the Special Political Committee and in a 1991 report of the Secretary-General.(26) 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 Palestinians there and, not surprisingly, for Arab persecution of Palestinian refugees. In recent years, thousands of Palestinians had been killed and wounded in Lebanese refugee camps in vicious fighting totally unconnected with Israel; likewise, Palestinian refugee camps in Jordan and the Syrian Arab Republic were the scenes of considerable human misery. The selective and distorted presentation of the Palestinian refugees' situation in Arab countries clearly illustrated the resolution's double standards and its blatant disregard for the refugees' general welfare. Israel emphasized that, in keeping with international law, it alone was competent to ensure full protection to all inhabitants of Judaea, Samaria and the Gaza District.
The Secretary-General cited the UNRWA Commissioner-General's report for the period 1 July 1991 to 30 June 1992,(1) to the effect that the Commissioner-General had continued his efforts in support of the Palestine refugees' safety and legal and human rights. UNRWA international staff, in particular the Refugee Affairs Officers, continued to help reduce tension and prevent maltreatment of refugees, especially vulnerable groups such as women and children. The Commissioner-General also protested to Israel against the excessive use of force and collective punishments, such as the demolition and sealing of shelters, as a failure on Israel's part to uphold standards required under international humanitarian law. As part of the Commissioner-General's efforts in that regard, legal advice and financial assistance were provided for refugees seeking to assert their legal rights.
GENERAL ASSEMBLY ACTION
On 14 December, on the recommendation of the Special Political Committee, the General Assembly adopted resolution 47/69 I by recorded vote.
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, 673(1990) of 24 October 1990, 681(1990) of 20 December 1990, 694(1991) of 24 May 1991 and 726(1992) of 6 January 1992,
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 1 of 16 December 1985, 41/69 I of 3 December 1986, 42/69 I of 2 December 1987, 43/21 of 3 November 1988, 43/57 I of 6 December 1988, 44/47 I of 8 December 1989, 45/73 I of 11 December 1990 and 46/46 I of 9 December 1991,
Taking note of the report of the Secretary-General dated 21 January 1988, submitted in accordance with Security Council resolution 605(1987), the report dated 31 October 1990, submitted in accordance with Council resolution 672(1990), and the report dated 9 April 1991, submitted in accordance with Council resolution 681(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 1991 to 30 June 1992,
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 distressed that, notwithstanding the improved security situation owing to the deployment of the Lebanese army, the Palestinian and Lebanese population are still suffering from continuing Israeli acts of aggression against Lebanon and from 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, 31 October 1990 and 9 April 1991;
4. Urges the Secretary-General and the Commissioner-General of the United Nations Relief and Works Agency for Palestine Refugees in the Near East to continue their 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 since 1967;
5. Calls once again upon Israel to desist forthwith from acts of aggression against the Lebanese and Palestinian population in Lebanon, in violation of the Charter of the United Nations and the norms of international law;
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 responsibility of the latter for all damages resulting from that invasion, as well as for other damages 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-eighth session, on the implementation of the present resolution.
General Assembly resolution 47/69 I
14 December 1992 Meeting 85 138-2-1 (recorded vote)
Approved by Special Political Committee (A/47/611) by recorded vote (119-2-1), 25 November (meeting 27); 12-nation draft (A/SPC/47/L.22); agenda item 73.
Sponsors: Afghanistan, Bangladesh, Brunei Darussalam, Comoros, Cuba Indonesia, Madagascar, Malaysia, Mali, Pakistan, Sudan, Zambia.
Meeting numbers. GA 47th session SPC 9-12, 27; plenary 85.
Recorded vote in Assembly as follows:
In favour: Afghanistan, Albania, Algeria, Angola, Antigua and Barbuda, Argentina, Australia Austria, Azerbaijan, Bahrain, Bangladesh, Barbados, Belarus, Belgium, Belize, Benin, Bhutan, Bolivia, Bosnia and Herzegovina, Botswana, Brazil, Brunei Darussalam, Bulgaria, Burkina Faso, Cameroon, Canada, Chad, Chile, China, Colombia, Comoros, Costa Rica, Côte d’Ivoire, Cuba, Cyprus, Czechoslovakia, Democratic People's Republic of Korea, Denmark, Djibouti, Dominica, Ecuador, Egypt, El Salvador, Estonia, Ethiopia, Finland, France, Gabon, Gambia, Germany, Greece, Guatemala, Guinea-Bissau, Guyana, Haiti, Honduras, Hungary, Iceland, India, Indonesia, Iran, Ireland, Italy, Jamaica, Japan, Jordan, Kazakhstan, Kuwait, Lao People's Democratic Republic, Latvia, Lebanon, Liberia, Libyan Arab Jamahiriya, Liechtenstein, Lithuania, Luxembourg, Madagascar, Malawi, Malaysia, Maldives, Mali, Malta, Marshall Islands, Mauritania, Mauritius, Mexico, Mongolia, Morocco, Mozambique, Myanmar, Namibia, Nepal, Netherlands, New Zealand, Niger, Nigeria, Norway Pakistan, Panama, Paraguay, Peru, Philippines, Poland, Portugal, Qatar, Republic of Korea, Republic of Moldova, Romania, Rwanda, Saint Lucia, Saint Vincent and the Grenadines, Samoa, Sao Tome and Principe, Saudi Arabia, Senegal Singapore, Spain, Sri Lanka, Sudan, Suriname, Swaziland, Sweden, Syrian Arab Republic, Thailand, Togo, Trinidad and Tobago, Tunisia, Turkey, Ukraine, United Arab Emirates, United Kingdom, Uruguay, Vanuatu, Venezuela, Viet Nam, Yemen, Zambia, Zimbabwe.
Against: Israel, United States.
Abstaining: Russian Federation.
Removal and resettlement of refugees
In a report of October 1992,(27) the Secretary-General reproduced Israel's reply of 30 June to a 1991 General Assembly resolution(28) demanding that Israel desist from removing and resettling Palestine refugees in the Palestinian territory occupied by it since 1967 and from destroying their shelters. The reply stated that Israel's position had been made known in successive annual replies to the Secretary-General in recent years, the latest of which was contained in his 1991 report on the subject.(29)
Israel considered the resolution unbalanced and distorted in that it intentionally ignored the improved living conditions in Gaza since 1967. Nothing could be more indicative of that approach than the resolution's condemnation of refugee rehabilitation projects. Since 1967, Israel had initiated community development projects in Gaza, enabling some 20,000 families (approximately 150,000 persons), to leave the refugee camps on a voluntary basis and relocate to nearby residential areas. Israel's vital role in planning and implementing those housing projects had been recognized in 1985 by the Secretary-General(30) and the UNRWA Commissioner-General. The resolution s request that the Secretary-General resume issuing identity cards irrespective of the refugees' need for them was yet another indication of its patent political bias. Notwithstanding subversive efforts to the contrary, Israel 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 stated that, according to information from UNRWA,(1) the Israeli authorities continued their practice of inflicting collective punishment by demolishing and sealing refugee shelters in the West Bank and Gaza. As at 30 June 1992, of the refugee families affected by the 1971 demolitions,(31) 12 continued to live in conditions of hardship and 19 remained in unsatisfactory housing. UNRWA’s representations with Israeli authorities for the rehousing of those 31 families had not met with success.
The situation of the families living on the northern perimeter of Jabalia camp(32) who had been told to remove some of their shelter extensions remained the same: no demolitions had taken place, but the shelters remained isolated by a sand-hill bulldozed around them. Of the 35 families whose shelters on the perimeter of Beach camp were demolished in 1983,(33) 18 families had been allocated plots of land at Sheikh Radwan and Beit Lahiya housing projects; one was housed in a vacant shelter at Beach camp; and the other 16 families remained in the same situation as previously reported—in temporary shelters near the camp site.
Of the 13 families at Rafah camp who had agreed to relocate to the Israeli-sponsored Tel-es-Sultan housing project but remained waiting at the camp,(34) one finally moved to Tel-es-Sultan. Nine families (91 persons) from Canada camp in Egypt returned to Gaza to accommodations at the same housing project.
Statistics on Israeli resettlement of refugees were as reported in 1991.(35)
As to the Assembly's request that the Commissioner-General address the acute situation of the Palestine refugees, he advised that UNRWA, in addition to extending to them its regular services plus emergency food, medical and other assistance, also pursued its long-term programme to upgrade infrastructure, especially in the camps, and, in general, to improve the economic and social welfare of the refugees.
The Secretary-General regretted his inability to comply with the Assembly's request that he resume issuing identification cards to all Palestine refugees and their descendants in the occupied territory, whether or not they were recipients of UNRWA rations and services. Under an arrangement in effect in the last 40 years, all refugee families registered with UNRWA were in possession of Agency-issued registration cards. While indicating the number of family members and their eligibility for services, those cards were not identification cards and had a more limited purpose: to reflect data about the refugee family concerned, which was entered on the registration roll at the time of registration. While appreciating the need for documentation, the Commissioner-General did not have the means to issue identity cards. However, he would keep the matter under review to see whether appropriate documentation regarding the registration status of individual members of refugee families could be issued.
GENERAL ASSEMBLY ACTION
On 14 December 1992, on the recommendation of the Special Political Committee, the General Assembly adopted resolution 47/69 E by recorded vote.
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 1 December 1973, 3331 D (XXIX) of 17 December 1974, 3419 C (XXX) of 8 December 1975, 31/10 E of 23 November 19/6, 32/90 C of 13 December 1977, 33/112 E of 18 December 1978, 34/52 F of 23 November 1979, 35/13 F of 3 November 1980, 36/146 A of 16 December 1981, 37/120 E and 1 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 1 December 1987, 43/57 E of 6 December 1988, 44/47 E of 8 December 1989, 45/73 E of 11 December 1990 and 46/46 E of 9 December 1991,
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 1991 to 30 June 1992,
Recalling the provisions of paragraph 11 of its resolution 194(III) 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 the obligation of Israel 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 cooperation 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-eighth session, on the implementation of the present resolution and, in particular, on the compliance of Israel with paragraph 1 above.
General Assembly resolution 47/69 E
14 December 1992 Meeting 85 138-2 (recorded vote)
Approved by Special political Committee (A/47/611) by recorded vote (119-2), 25 November (meeting 27); 11-nation draft (A/SPC/47/L.18); agenda item 73.
Sponsors: Afghanistan, Bangladesh, Brunei Darussalam, Comoros, Cuba, Indonesia, Madagascar, Malaysia, Mali, Pakistan, Zambia.
Meeting numbers. GA 47th session: SPC 9-12, 27; plenary 85.
Recorded vote in Assembly as follows:
In favour: Afghanistan, Algeria, Angola, Antigua and Barbuda, Argentina, Australia, Austria, Azerbaijan, Bahrain, Bangladesh, Barbados, Belarus, Belgium, Belize, Benin, Bhutan, Bolivia, Bosnia and Herzegovina, Botswana, Brazil, Brunei Darussalam, Bulgaria, Burkina Faso, Cameroon, Canada, Chad, Chile, China, Colombia, Comoros, Costa Rica, Côte d’Ivoire, Cuba, Cyprus, Czechoslovakia, Democratic People's Republic of Korea, Denmark, Djibouti, Dominica, Ecuador, Egypt, El Salvador, Estonia, Ethiopia, Finland, France, Gabon, Gambia, Germany, Greece, Grenada Guatemala, Guinea-Bissau, Guyana, Haiti, Honduras, Hungary, Iceland India, Indonesia, Iran, Ireland, Italy, Jamaica, Japan, Jordan, Kazakhstan, Kuwait, Lao People's Democratic Republic, Latvia, Lebanon, Liberia, Libyan Arab Jamahiriya, Liechtenstein, Lithuania, Luxembourg, Madagascar, Malawi, Malaysia, Maldives, Mali, Malta, Marshall Islands, Mauritania, Mauritius, Mexico, Mongolia, Morocco, Mozambique, Myanmar, Namibia, Nepal, Netherlands, New Zealand, Niger, Nigeria Norway, Pakistan, Panama, Paraguay, Peru, Philippines, Poland, Portugal, Qatar, Republic of Korea, Republic of Moldova, Romania, Russian Federation, Rwanda, Saint Lucia, Saint Vincent and the Grenadines, Samoa, Sao Tome and Principe, Saudi Arabia, Senegal, Singapore, Spain, Sri Lanka, Sudan, Suriname, Swaziland, Sweden, Syrian Arab Republic, Thailand, Togo, Trinidad and Tobago, Tunisia, Turkey, Ukraine, United Arab Emirates, United Kingdom, Vanuatu, Venezuela, Viet Nam, Yemen, Zambia, Zimbabwe.
Against: Israel, United States.
In the Special Political Committee, Israel said that, by its negative vote, it expressed its consistent opposition to paragraph 11 of Assembly resolution 194(III)(24) and paragraph 2 of Assembly resolution 513(VI).(36) The multilateral working group on refugee issues of the ongoing peace process had recently held a session in Ottawa Canada, with the participation of some 40 countries and the United Nations. It was through the bilateral and multilateral talks, rather than the one-sided United Nations resolutions, that the question of Arab and Jewish refugees would be discussed and hopefully resolved. Israel would continue to cooperate with UNRWA to enable it to fulfil its important humanitarian task.
REFERENCES
(1)A/47/13. (2)A/47/576. (3)A/47/5/Add.3. (4)A/47/315. (5)A/47/500. (6)YUN 1986, p. 342. (7)A/47/492. (8)A/47/491. (9)YUN 1991, p. 276, GA res. 46/46 G, 9 Dec. 1991. (10)Ibid., p. 276. (11)A/47/490. (12)YUN 1991, p. 277, GA res. 46/46 F, 9 Dec 1991. (13)A/47/493. (14)YUN 1991, p. 278, GA res. 46/46 K, 9 Dec. 1991. (15)Ibid., p. 279, GA res. 46/46 J, 9 Dec. 1991. (16)A/47/601. (17)YUN 1980, p. 443, GA res. 35/13 B, 3 Nov. 1980. (18)A/47/488. (19)YUN 1991, p. 280, GA res. 46/46 D, 9 Dec. 1991. (20)Ibid., p. 281, GA res. 46/46 H, 9 Dec. 1991. (21)A/47/438. (22)YUN 1991, p. 281. (23)A/47/413. (24)YUN 1948-49, p. 174, GA res. 194(III), 11 Dec. 1948. (25)YUN 1991, p. 281, GA res. 46/46 I, 9 Dec. 1991.(26)Ibid., p. 282. (27)A/47/489. (28)YUN 1991, p. 285, GA res. 46/46 E, 9 Dec. 1991. (29)Ibid. p. 283. (30)YUN 1985, p. 367. (31)YUN 1971, p. 198. (32)YUN 1985, p. 366. (33)YUN 1983, p. 358. (34)YUN 1986, p. 351. (35)YUN 1991, p. 284. (36)YUN 1951, p. 315, GA res. 513(VI), 26 Jan. 1952.
Document Type: Publication, Yearbook
Document Sources: United Nations Department of Public Information (DPI)
Subject: History, Human rights and international humanitarian law, Jerusalem, Middle East situation, Palestine question, Refugees and displaced persons
Publication Date: 31/12/1992